Northcoast Forktrucks Rental Agreement

  1. TOTAL MONTHLY RENTALS

When the Customer hires one or two items (the machines) identified in the quotation, the hire period must be for filled as per the agreement contract at the agreed rate.

  1.  RENTALS PAYABLE MONTHLY IN ADVANCE

Two monthly rental payments will be due on the date of installation and/or delivery of the machine(s) and subsequent rental payments will be due on the corresponding day of each succeeding month (hereinafter called the “payment”) whether demanded or not.

  1. TRANSPORT PAYMENT

The Customer shall pay the quoted price for transport each way, payment in accordance with the agreement and also the return transport payment on completion of the hire up front.

  1. SERVICE

So long as the Customer fulfils his or her part of this Agreement the Company shall maintain the Machine(s) in good working order and condition and the Company may if it considers necessary and in such length of time as it deems expedient replace the machine(s) with others of such type or model as shall for the time being be available.  The machine(s) so substituted shall be subject to the conditions of this Agreement.

  1. SUSPENSION OF SERVICE

The Company shall have the right to refuse to service the Machine(s) if any rental is overdue and such refusal shall be without prejudice to the provisions of this Agreement or the Customers liability for payment of the rental.

  1. PROPERTY IN THE GOODS

The Machine(s) shall remain the property of the Company.  The Customer shall not tamper with the Machine(s) or remove them from the address shown in this Agreement without the permission of the Company nor remove from the Machine(s) any identifying mark, labels or ownership identifications.  The Customer shall not create any lien or security upon the Machine(s) nor allow the same to go out of his or her personal control and shall notify the Company immediately of any theft or attempted theft thereof.

  1. LOSS OR DAMAGE

The Customer shall be responsible for any damage to or loss of the Machine(s) howsoever caused (whether by fire, theft, burglary, the Customer’s own act or omission or otherwise) and, upon demand, to pay the Company, in the case of loss the value of the Machine(s) as assessed by the Company or in the case of damage such value or the cost of repairs whichever is the lessor amount.

  1. ACCESS TO THE MACHINE(S)

The Customer expressly permits the Company, its servants or agents to enter upon any premises where it believes the Machine(s) are located or upon any premises occupied by the Customer for the purpose of repossessing, inspecting, repairing or making adjustments to the Machine(s) or serving any notice or demand in relation to the Machine(s).

  1. TERMINATION BY THE COMPANY

The Company may terminate this Agreement giving one month’s notice in writing and thereupon the Customer shall return and deliver up the Machine(s) to the Company and shall grant every facility for the Company to recover possession of the Machine(s).

  1. BREACH OR DEFAULT

If the Customer shall make default in payment of any monthly or other sum payable (whether payment thereof shall have been demanded or not) or commit any breach of the provision hereof then the Company without prejudice to its right to recover rental arrears may without notice resume possession of the said Machine(s) at the cost of the Customer.  The Company reserves the right to recover debt collection expenses from any Customer in default of payment of any amount under this Agreement.

  1. ASSIGNMENT OF RIGHTS

The Company reserves the right at any time to assign benefit of this agreement to any Company or person(s) whatsoever.

  1. EXPIRATION OF THE AGREEMENT

Upon expiration of the term of renting this Agreement will be extinguished albeit at the full discretion of the Company without notice thereafter.

  1. NO INDEMNITY GIVEN BY THE COMPANY

If through using the Machine(s) the Customer is injured or his or her property or business is damaged, the Company shall not be liable. However this does not apply to any claim which the Customer(s) may have under the Trade Practices Act or under any law of the Commonwealth or of a state or territory which is for the protection of consumers.

  1. USE OF MACHINES/CONSUMABLES

The Customer shall be held responsible in the event of any failure in the Machine(s) if the supplies used by the Customer are not in compliance with the Company’s or the Manufacturer’s technical specification or if the Machine(s) are used beyond their capacity or in a manner other than as recommended by the Company or the Manufacturer of the Machine(s).  The Customer shall be responsible for the daily inspection of the machine and the top up of oils and waters between service intervals which is critical for the ongoing operation of the Machine(s). One set of tyres to be supplied by the Company for each Machine set out in parts A and B of the Schedule herein every 12 months commencing from the date of installation or delivery as pursuant to the terms of this Agreement. Punctures are the responsibility of the customer. Accidental or wilful damage is the responsibility of the customer, a detailed quotation for the repairs will supplied by the company. Replacement machines and transport will not be at the cost of the company in the event of Accidental or wilful damage. The machines will be full of Diesel Fuel and shall be returned full of Diesel Fuel. In the event that the machines are returned not full of fuel then surcharge will be applied and invoiced to the customer at a rate not greater than 35% of pump price and will be supported by invoice supplied by the company.

  1. RENTAL HOURS

A maximum of 25 hours operating time per week in respect to the Machine(s) is included in the rental provided in the Schedule herein.  In the event of the Machine(s) exceeding 25 hours operating time per week, the Company will at the completion of each 12 month period, invoice $2.60 per machine working hour to the customer.

  1. Market Conditions

Northcoast Forktrucks reserve the right to increase price accordingly to market conditions, CPI & business costing. This will never exceed 7% in any calendar year for the case of price increase

  1. DAMAGE WAIVER

Northcoast Forktrucks charges an 10% Damage Waiver on all equipment hired. Damage Waiver is not insurance, but is an agreement by Northcoast Forktrucks that the Customer’s liability for damage to the Equipment can be limited in some circumstances only.

In the case of theft, it must be reported to the Police and to  Northcoast Forktrucks within 12 hours of its disappearance. A report must be sent to Northcoast Forktrucks within seven days of the theft. The cover extends to minor accidental damage, minor malicious damage by third parties, and theft. If loss or damage occurs an excess of $250.00 the hirer is liable for all charges. The hirer can elect to pay the insurance premium if the total damage exceeds $2500

DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY in the following circumstances;

 

(a)        where the Equipment is lost or stolen;

(b)        where the operator is not suitably licensed;

(c)        where the operator is affected by drugs and/or alcohol;

(d)        where the equipment has been willfully damaged by the Customer or its employees or agents;

(e)        where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;

(f)         where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road; or

(g)        where the damage is caused in any way by overloading.

 

Payment of the Damage Waiver Fee is compulsory on all equipment, unless Northcoast Forktrucks agrees to accept a certificate of insurance provided by the Customer at its own cost.