Exercise Equipment Hire Terms

 HIRE AGREEMENT BETWEEN MELBOURNE FITNESS EQUIPMENT HIRE AND HIRER

Recitals (a) The Owner has agreed at the request of the Hirer to hire the Goods to the Hirer. (b) The Hirer has agreed to hire the Goods upon the terms and conditions set out in this Agreement.

1. Interpretation In this agreement ‘Bond’ means the refundable bond specified in the schedule; ‘Goods’ means the fitness equipment described in the schedule and any replacement equipment; ‘Goods and Services Tax’ has the same meaning as in the A New Tax System (GST) Act 1999 (Cth),all Hire Charges are inclusive of GST excluding the Bond; ‘Hirer’ means the hirer identified in the schedule; ‘Hire Charge’ means the amount set out in the schedule as the hire charge; ‘Owner’ means Melbourne Fitness Pty Ltd (trading as Melbourne Fitness Equipment) Contact Details: Email info@melbournefitnessequipment.com.au and its substitutes; ‘Agent’ means any agencies acting on behalf of the ‘Owner’ referred to in the schedule.

2. Hire of Goods The Owner agrees to hire the Goods to the Hirer for the hire period and the Hirer agrees to take the Goods on hire and is entitled to use the goods for the hire period and for any agreed extension of the hire period. The hire period begins on the date which the Goods are delivered to the Hirer’s premises.

3. Delivery and Pickup of Goods The delivery of goods may take up to 10 working days from the time of the Hire Agreement Schedule being processed. In most cases the Hirer will be contacted within 48 hours of the Hire Agreement Schedule being processed. Delivery and/or pickup of goods are done Monday to Friday, within the hours of 8.30 am and 4.30 pm. The Owner can not guarantee an exact time for delivery or pickup. The Hirer will be given either an am or pm delivery and/or pickup time. The Hirer or someone over the age of 18, acting on behalf of the Hirer, must be present when goods are delivered and/or picked up. Should their be no one present at time of delivery and/or pickup the Hirer will be changed an additional $25 to re-book the delivery and/or pickup.

4. Payment for Hires Upon processing of the Hire Agreement Schedule the Hirer’s nominated credit card, noted in the schedule, will be debited for the Hire Charge, including the Bond. The Hirer agrees to pay to the Owner the amount of the Hire Charge set out in the schedule for the Goods for the Hire Period, together with any applicable Goods and Services Tax, Stamp Duty, financial institutions duty, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the Hirer’s hiring of the goods, The Hirer hereby authorises the Owner to complete any necessary or desirable action, to enable the Hirer to make any payments through any credit card systems.

5.1 Overdue Payments If the Hirer does not pay an amount of money when it is due, the Hirer must pay interest on the overdue amount for the period it is unpaid at the rate of 18% per annum calculated daily.

6. Hirer’s Warranty The Hirer warrants that: (a) the particulars set out in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission; (b) the Hirer holds a current driver’s license; (c) the Hirer will not breach any copyright or other restriction in relation to or in connection with, the goods; (d) in selecting the goods the Hirer has not relied on the Owner’s skill and judgement or on any representations made by or on behalf of the Owner and agrees that the Goods comply with their description, are in merchantable condition and are fit for the Hirer’s purposes; (e) the Hirer prior to entering into this agreement obtained an independent health assessment of their fitness to use the Goods

7. Hirer’s Obligations (a) Not permit any other person to use the goods (b) Keep the Goods in first class condition and only use them as they would be used by a careful and prudent owner (c) Observe the safety instructions provided with the Goods (d) Not use the Goods for any illegal purpose (e) Report any damage to, loss of, or failure occurring to the equipment (f) Be liable for any breach of this agreement committed by the Hirer’s servants or agents (g) Indemnify the Owner for any loss (including legal costs) incurred by the Owner in relation to any breach of this agreement and for any liability arising out of any such breach (h) Pay the Owner the cost of effecting repairs to the goods necessitated by the improper use of the goods.

8. Insurance on Goods The Hirer must insure, and keep insured, the goods (noting the Owner’s interest as owner of the goods) against:- (a) loss or damage to the goods caused by fire, accident or theft; and (b) liability to third parties for bodily injury, death or damage to property and such other risks as the Owner tells the Hirer; with an insurance company acceptable to the Owner.
8.1 Insurance Obligation (a) The Hire must make sure that the amount of the insurance cover, and the other provisions of the insurance policies, are acceptable to the Owner
(b) The Hire must give insurance details to the Owner (c) The Hirer must prove to the Owner’s satisfaction that the Hirer is complying with its obligations under this rental agreement to insure the goods whenever the Owner asks (d) The Hire must keep the insurance policy current (e) The Hirer must not do anything to make the insurance invalid or give the insurer justification for cancelling or avoiding an insurance policy or reducing the amount payable on a claim under a policy.
8.2 Change to Insurance The Hirer must not change the insurance unless the Owner agrees first in writing.
8.3 Exercise Rights The Hirer authorises the Owner in respect of any insurance the Hirer arranges to comply with its obligations under this rental agreement; either in the Owner’s own name or in the Hirer’s name to:- (a) conduct legal proceedings against the insurer in respect of any claim; and (b) compromise or settle any claim under the policy; The Hire must not do these things unless the Owner expressly agrees in writing to the contrary.

9. Extension/Continuing Obligations On the expiry of the term of this hire agreement such hire agreement shall be automatically renewed for a term of 30 days unless the Hirer gives notice of non-renewal to the Agent or Owner at least 7 days prior to the expiry date and returns the goods on the arranged due date. Following automatic renewal under this clause any holding over after the additional 30 day term shall be on a months by months basis and unless the goods are returned hire fees shall continue to be payable by the Hirer.

10. Replacement Goods Subject to Hirer complying with the provisions of clause 5 of this agreement, the Owner will collect the Goods from the Hirer’s address in the schedule in the event of failure of the Goods and exchange them with a similar unit at no cost to the Hirer. The Owner will extend the Hire Period by the number of days the Goods were not functioning.

11. Repossession The Owner may retake possession of the Goods if the Hirer breaches any provision of this agreement. The Hirer hereby authorises the Owner and its authorised agents to enter upon the Hirer’s premises or any premises in the Hirer’s possession or control and retake possession of the Goods if the Hirer breaches any provision of this Agreement.

12. Exclusion of Liability The Hirer agrees to use, operate and possess the Goods at the Hirer’s risk. The Hirer agrees that the Owner will have no responsibility or liability for any loss or damage to any property of the Hirer. To the full extent permitted by law the Hirer releases and discharges the Owner and its agents and employees from (a) all claims and demands on the Owner, and (b) any loss or damage whatsoever and whenever caused to the Hirer or its agents or employees whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from or incidental to a breakdown of or defect in, the Goods or any accident to or involving the goods or their use, operation, repair, maintenance or storage (whether occasioned by the negligence of the Owner for otherwise) or which may otherwise be suffered or sustained in, upon or near the Goods.

13. Indemnity Against Other Costs and Liabilities The Hirer assumes liability for, and indemnifies, and will keep indemnified, protected, saved and harmless the Owner and its agents and employees from and against any and all injuries, actions, proceedings, claims, demands, liabilities, losses, damages, costs, penalties and any expenses, legal or otherwise, (including court costs and legal fees reasonable incurred) and of whatsoever kind and nature, including claims based upon strict liability in tort (a) arising out of or alleged to arise out of the delivery selection, purchase, acceptance or rejection, ownership, possession, use (including by reason of the use or incorporation of any invention resulting in infringements of patents), repair, maintenance, storage, or operation of the Goods. And by whomsoever used or operated (except where used by the Owner or any person on behalf of the Owner); or (b) incurred by the Owner in respect of any loss of the Goods by seizure, distress, execution or other legal process, confiscation or forfeiture of the Goods.

14. Survival of Indemnities The indemnities and assumptions of liability contained in, clause 12 of this agreement will continue in full force and effect notwithstanding the termination of this agreement whether by expiration of time or otherwise as to any act or omission relating to the Goods occurring during the continuance of this Hire Agreement which at any time is claimed to have created a cause of action against the Owner or assumption of liability by the Hirer.

15. Title to Goods The Hirer acknowledges that the Owner retains title to the Goods and that the Hirer has rights to possess the Goods as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Goods and agrees not to do so. The Hirer also agrees not to agree, attempt, offer or purport to sell, assign, sublet lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.

16. No Waiver Time is of the essence of this agreement except that no delay by the Owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise or that right or power.

17. Bond Subject to any breach by the Hirer of this agreement, the Bond will be returned no less than fourteen (14) days after the return of the Goods to the Hirer’s nominated credit card noted in the schedule.
16. Transportation of Goods The Hirer, under no circumstances, is permitted to transport the Goods. Only the Owner and/or its agents may transport the Goods. Should the Hirer change premises then it is the Hirers responsibility to contact the Owner or its agents to have the goods transported from the old premises to the new premises, a Relocation Fee will be incurred by the Hirer for this service. Should the Hirer require the Goods to be relocated they are instructed to call the Customer Care Hotline, which can be found on the Hire Agreement Schedule.

18. Cancellation of Hire Agreement Schedule The Hirer has a 48 hour cooling off period, after which time should they choose to, for any reason, cancel the Hire Agreement Schedule then a $50 Cancellation Fee will be incurred by the Hirer. The Owner will refund the Hire Charge, less the Cancellation Fee, to the Hirer nominated credit card, noted in the schedule, within seven (7) days of notification of this cancellation.

19. Governing Law This agreement will be governed by the law of Victoria.