This Hire Agreement shall begin on the commencement date and shall terminate on the earlier of
(a)   The expiry date, or
The date IFE Forklifts notifies the Hirer upon the Equipment being stolen or damaged that IFE Forklifts in its absolute discretion does not intend to replace or repair the Equipment; or
The date upon IFE Forklifts notifies the Hirer that it has terminated this Hire Agreement,
Cancellation throughout the term of the agreement, should the hirer default, the hirer is liable for 66% of the remaining invoice value, unless the contract is revoked by mutual consent in writing,
 
IFE Forklifts may terminate this Hire Agreement in the event of the Hirer doing any of the following:
(a) Not rectifying any breach of this Hire Agreement capable of rectification within a reasonable time of receiving notice to rectify from Pride Forklifts; or
(b) Committing an act of Bankruptcy; or
(c) Being a Company having either a Liquidator, Administrator or Manager or Receiver appointed over any part of its assets or undertaking.

Hire charges shall commence at the time the Equipment is dispatched from the depot of IFE Forklifts for delivery to the Hirer and shall continue until the Equipment is returned to the depot of IFE Forklifts or IFE Forklifts receives payment in full of the value of the Equipment.

The Hirer agrees to pay IFE Forklifts;
The hire charges in the amounts and at the times and places specified overleaf; and
All stamp duty and other duties and taxes that may now or hereinafter be incurred in respect of this Hire Agreement; and
All transportation charges reasonably incurred in making the Equipment available to the Hirer at the delivery point; and
All costs and expenses incurred by IFE Forklifts in repossessing the Equipment; and
Interest at a rate of 14% per annum on any money owing under this Hire Agreement from the due date of payment until the actual date of payment.

On each anniversary of the commencement date the Hire charges shall be increased in proportion to the percentage increase in the
preceding year of the Consumer Price Index (All groups) Sydney or such other index as may then have superseded that index.

6.   The Hirer agrees at the expense of the Hirer to do the following;
(a)  to insure the Equipment against fire and general damage and accident and theft and all other usual risks for its insurable value in the names of IFE Forklifts and the Hirer as to their respective interests.
 (b) to keep the Equipment in good repair and to carry out all maintenance checks and to make good any damage to
Equipment or any part thereof except to the extent that such damage or maintenance is due to wear and tear,
 (c) to repair punctures and to replace worn tyres except to the extent that the wear is caused by wear and tear,
(d) to charge and top up with distilled water all batteries being part of the Equipment and to keep a daily log  thereof,
(e) to use in connection with the Equipment only the best procurable fuels and lubricants of a type in accordance with the
directions specified by  IFE Forklifts
(f) not to re-locate the Equipment without the permission of IFE Forklifts,
(g) not to do or omit to do any act or thing likely to endanger the safety or condition of the Equipment,
(h) to comply with all relevant Acts, Regulations and By-laws relating to the Equipment and its use,
(i) to maintain a log book recording the days and hours during which the Equipment was used and to make such log book
available for inspection and copying by IFE Forklifts and its representatives,
(j) to allow the authorised representative of IFE Forklifts to enter upon any premises on which the Equipment
is located for the purpose of inspecting and testing the Equipment or taking back the equipment on the expiry date or termination of this Hire Agreement.
to make the Equipment available for service and repair during normal working hours or to pay an additional charge if IFE Forklifts is required to service or repair the Equipment outside of normal working hours.
At no time to use or drive the equipment on a public road or in a public place,
Not to make any additions or alterations to the Equipment without written consent of  IFE Forklifts
Not to remove obscure or deface any identifying mark label or device on the Equipment or any part thereof,
Not to part with possession of the Equipment or sell lease or give the Equipment as security for any loan or transfer or assign the Hirer’s interest in the Equipment or under this Hire Agreement.

Any additions by the Hirer made to the Equipment whether by replacement substitution or otherwise shall form part of the Equipment  and immediately become the property of IFE Forklifts.

If the Equipment breaks down due to wear and tear IFE Forklifts may at its election either terminate this Hire Agreement or repair or replace the Equipment with simular type. Equipment in satisfaction of any liability it may have to the Hirer and in these circumstances the Hirer shall have no liability to pay Hire charges during the time the Hirer does not have use of the Equipment for more than one day IFE Forklifts will not be liable for any compensation to the Hirer for delayed delivery or repair of the Equipment or any consequential or economic loss or damage caused or contributed to by the Equipment not being in proper working order.

The Hirer agrees to indemnify and hold IFE Forklifts harmless from all claims costs and damages that IFE Forklifts may suffer in respect of injury to person or property arising out of the Hirers use and custody of the Equipment.

Upon termination of the Hire Agreement the Hirer shall promptly return the Equipment to IFE Forklifts at its principal place of business in the condition it was in at the commencement of this Hire Agreement subject to reasonable wear and tear and pay IFE Forklifts all money payable under this Hire Agreement.

If the Hirer does not return the Equipment to IFE Forklifts upon the termination of the Hire Agreement in addition to its other remedies IFE Forklifts may elect not to recover the Equipment from the Hirer in which event the Hirer shall pay IFE Forklifts upon demand the current market value of the Equipment as determined by a valuer appointed by IFE Forklifts and upon such payment being made the ownership of the Equipment will then pass to the Hirer.

If the Equipment is stolen the Hirer shall pay to IFE Forklifts the current market value of the Equipment as determined by a valuer appointed by IFE Forklifts less the amount IFE Forklifts may receive from any insurance claim for the stolen Equipment. The Hirer will continue to pay the Hire charges up until the time IFE Forklifts receives payment in full of the market value of the Equipment.

If the Hirer elects to pay insurance fee, IFE Forklifts agrees to deduct this amount from any excess sum equal to not less than 10% of the list price of the equipment for any loss or damage which is caused by Fire, Storm, Earthquake, Collision, Accident or Burglary, provided in the case of burglary the hirer has supplied to IFE Forklifts satisfactory evidence that he/she has promptly reported the burglary to the Police. This insurance fee shall not apply to loss or damage to/in equipment in the following circumstances:      
(a) Loss or damage resulting from overloading, misuse, abuse or improper servicing of the equipment,                                            
(b) Loss or damage to mysterious disappearance of the equipment,   
(c)  Loss or damage caused by the use or operation in contravention of any of the conditions of the agreement             
(d) Insurance waiver fee is acknowledged as accepted unless written authority is received by IFE Forklifts, that he/she has adequate coverage of insurance to cover all loss or damage to equipment so loss or damage whilst hiring charges are applicable to this hiring.

IFE Forklifts may pay any amount or do any work which by this Hire Agreement the Hirer should do if the Hirer fails to do this in which event the Hirer will pay IFE Forklifts upon demand the amount it has paid in this regard.

In addition to the usual methods of service Notices may be served by prepaid ordinary postage addressed to the address of the party appearing overleaf or by personal delivery to that address.

The certificate of the Secretary of IFE Forklifts shall be conclusive (in the absence of manifest error) evidence of any amounts due owing or recoverable under this Hire Agreement.

The Hire of the Equipment and this Hire Agreement shall be governed by the laws of New South Wales.

Any of the above conditions which are inconsistent with any condition overleaf shall not apply and be deemed deleted.