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Hire Terms and Hire Agreement between Fitness Equipment Hire and the hirer

Delivery Terms

Fitness Equipment Hire does not allow customers to pick up and return hired equipment. Please allow up to 3 days from the date of hire submission for delivery, although in most cases it will be quicker than this. Hire will commence on the day the hire item is delivered and fees will be charged by calendar month. At the end of the hire, the equipment will be picked up by Fitness Equipment Hire and returned for inspection.

Hire Bond and Warranty

At the end of the hire period, the equipment will be picked up by Fitness Equipment Hire and returned for inspection. Fitness Equipment Hire retains the right to charge the hirer the cost of any damage to the hire equipment. In the event of hire equipment breakdown or failure (with reference to the Hirers obligation of due care), Fitness Equipment Hire will collect the item/s from the hirer and exchange them with a similar unit at no cost to the Hirer. Fitness Equipment Hire will extend the hire period by the number of days the equipment was not functional.

Hirer’s Obligations

  1. Keep the goods in good order and condition and only use them as they would be used by a careful and prudent owner, the Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks

  2. Observe the safety instructions provided with the goods

  3. Report any damage to, loss off, or failure occurring to the equipment

  4. Be liable for any breach of this agreement committed by the Hirer’s servants or agents

  5. Indemnify the Owner for any loss (including legal costs) incurred by the Owner in relation to any breach of this agreement and any liability arising out of any breach

  6. Pay the Owner the cost of effecting repairs to the goods necessitated by the improper use of the goods

Indemnity

The Hirer will indemnify and hold harmless Fitness Equipment Hire against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment and agrees that in no circumstance will Fitness Equipment Hire be liable for any injury caused or thought to be caused by the hired equipment. The Hirer is solely responsible for their own safety when operating and/or coming into contact with Fitness Equipment Hire's equipment.

Hire Extensions and Overdue Hires

Fitness Equipment Hire will attempt to contact the hirer prior to hire expiry. Each hire customer has the option to extend the hire period or to return the equipment. Whilst attempts to contact the hirer will be made, it is the hirers responsibility to inform Fitness Equipment Hire of their intentions prior to the hire expiry date. In the event that Fitness Equipment Hire are unable to establish contact and determine the Hirers intentions prior to the expiry date, once the expiry date has passed the hire will be automatically extended for a one month period and the Hirer agrees that their authorised credit card or debit card will be charged the amount of one months hire for the specific item hired.

Payment for Hires

The hirer agrees to pay Fitness Equipment Hire the amount of the hire charge together with any applicable goods and services tax, fees, penalties, fines, demands, charges or costs imposed in collecting outstanding hire fees. The hirer authorises Fitness Equipment Hire to complete any necessary action to enable the charging of hire fees to the hirer's credit or debit card details supplied.

Governing law

This Agreement will be construed in accordance with and governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland there in connection with matters concerning this Agreement.