CONDITIONS OF HIRE

The hirer assumes all responsibility for the equipment whilst the equipment is out of the possession of the owner SSF P/L T/AS PRIME FITNESS.

The hirer acknowledges that the equipment is the property of the owner and that at times of dispatch of the equipment from the premises of the owner the equipment was in good and correct working condition and repair.

The hirer will return the equipment to the owner in good condition equal to that in which it was dispatched and the hirer shall be responsible for the cost of such repairs or reinstatement of the equipment as may reasonably be required to bring it back to such condition.

The equipment shall be returned as supplied by the hirer.

In the event that the equipment is lost, stolen or otherwise misplaced or destroyed or damaged beyond economic repair for what ever reason and in whatever circumstances the hirer shall pay to the owner on demand the current retail replacement price for the equipment as at the date of the demand. The hirer shall pay in addition to rental charges and any other sums due under the terms of this agreement all and any cartage, transport or like expenses or charges incurred in the transport of the equipment from the owner to the hirer, and the recovery by the owner of the equipment and the return of the equipment to the premises of the owner.

Rental is payable from the date the equipment leaves the premises of the owner and continues to be payable until the date the equipment is received back at the premises of the owner on completion of hire. In the event of theft, loss, destruction or damage beyond economic repair rental continues to be payable by the owner until the date of payment by the owner to the hirer in full of the replacement cost. Where repairs, restitution or the like are required to bring the equipment into its pre-hire condition the hirer shall remain liable for payment of rental until such time as such repairs, restitution or the like are completed and the equipment is brought back to its pre-hire condition.

The hirer agrees to observe and be bound by the conditions of hire hereunder.

The hirer agrees to pay all sums due hereunder for rental, replacement, repair, cleaning or making good promptly on the due date. In the event of any default or delay in payment by the hirer the hirer shall in addition to all other sums payable hereunder pay to the owner all collection fees, legal fees, court costs, transport or salvage charges, costs and fees incurred in relation to recovery of possession by the owner and all other expenses incurred by the owner in enforcing the terms of this agreement.

1. Delivery and removal of the equipment In the event of failure by the hirer to return the equipment at the end of the hire period or on termination of the hire the owner may enter on any property where the equipment is situated so as to take possession of same and the hirer hereby indemnifies the owner from all claims by any persons (including the hirer) resulting from such entry and retaking of the equipment.

2. Hire Period Hire commences on the date stated on the hirer’s invoice. Where delivery takes more than 2 days, the hire period will commence on the date of arrival at the hirer’s premises. The hirer shall contact the owner within 3 days of the expiry date and confirm if the hirer wishes to purchase the equipment, return the equipment or continue hiring the equipment. In the case of return, the hirer will confirm arrangements with the owner for the return of the equipment. It is the responsibility of the hirer to pay all transport and related fees and expenses for the return of the equipment. There is no refund on any unused hire period.

3. Hiring charges The upfront hire charges payable by the hirer to the owner shall be the applicable fee including GST plus freight expenses for a minimum of 3 months commencing from the delivery date. Payment shall be made in advance of the dispatch of any goods. After the initial 3 month hire period, the hirer has 3 options:-

a) Purchase the equipment and the hire fee will be deducted from the current recommended retail price.

b) Arrange for the return of equipment to the owner. Initial delivery fee includes one arranged pick-up, additional trip for pick-ups are charged at $15 each.

c) Rehire the equipment for a further 3 months period and advise the owner of such. If no contact is made after 3 days from expiry date, the hire will automatically be reissued & the hirer’s credit card debited for another 3 months. (There is no refund on unused hire) . Note each additional hire fee will not be deducted from the remaining purchase price should the hirer wish to purchase at a later date.

4. Care of equipment and breakdowns. The hirer shall take due and proper care of the equipment and shall maintain service, store and use he equipment in accordance with manufacturer’s specifications and recommendations and the owners guidelines. Further:a) The hirer shall take proper care of the equipment. b) The hirer warrants that he/she is experienced and competent to use the equipment and has read the manufacturer’s instruction manual and will abide by all terms and conditions thereof.

c) All and any breakdowns/malfuction resulting from misuse or failure to use, service, maintain or store equipment in accordance with the manufacturer’s and the hirers guidelines and recommendations shall be repaired at he direction of the owner and the hirer shall immediately notify the owner of any such breakdown. Hiring charges shall continue to be payable notwithstanding equipment breakdown malfunction.

d) The hirer warrants that he/she has inspected and examined the equipment and the equipment is suitable for use/purpose to which the hirer intends to put it.

e) The owner shall not be liable to the hirer for any loss or damage suffered or sustained by the hirer or liability incurred by the hirer as a result of or connection with any breakage, malfunction of the equipment however caused. The hirer shall immediately notify the owner of any breakage/malfunction.

5. Injury or damage to hirer or property.

The owner shall not be liable for any personal injury loss or damage or other injury loss or damage caused by neglect, misuse, inadequate or improper maintenance, alteration, incorrect assembly or adjustment or use of the equipment contrary to manufacturer’s recommendation or in breach of any warranty or representation by the hirer contained in this agreement.

And the hirer agrees to use the equipment at his/her own risk and agrees that the owner shall not be liable for any personal injury, loss or damage or other injury, loss or damage resulting from use of the equipment howsoever caused . The hirer further covenants with the owner not to sue the owner or any associated person or entity or in relation to any personal injury, loss or damage or any other injury loss or damage so caused or occurring.

6. Injury or damage to hirer or third person or property. The hirer and his/her immediate family are the only authorised person/s to use the equipment. Any person using the equipment shall do so at their own risk. The hirer indemnifies the owner against all personal injury, loss or damage or any other injury loss or damage, claims, costs expenses or the like by any third party as a result of use or arising out of or in connection with the equipment by any third party or any person whatever other than the hirer, with or without the consent or authority of the hirer.

7. No assignment of hire agreement. The hirer may not assign or transfer the equipment or this agreement and the hirer shall keep the equipment in the possession of the hirer and shall not authorize or permit the equipment to be in the possession of any other.

8. No warranties. Any warranty, term or condition implied by law or statute which can be excluded is hereby excluded to the extent permitted by law and the hirer agrees that the express terms of this condition constitute the whole of the warranties, terms and conditions, together with any non-excludable statutory warranty, term or condition.

9. Applicable laws. This agreement shall be governed by and construed in accordance with the law of the state of Victoria, Australia and any dispute or difference arising out of this agreement or any term or terms thereof shall be justifiable and adjudicated and determined by the Courts of the state of Victoria and not in or by the Courts of any other jurisdiction. In signing this agreement acknowledge that I have read and accepted the conditions and terms of this hire agreement.

I_____________________________________________________________________________________________________________________

In signing this agreement acknowledge that I have read and accepted the conditions and terms of this hire agreement.

Signature ___________________________________________________________ Date ______________________________________________.