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Terms and Conditions

I ACCEPT THAT:
A. I may purchase the unit at the end of a 4week rental period for the buy now price listed above and receive a discount equivalent
to 100% of the hire the charges paid for that 4week period, deducted off the buy now price. On a 12week rental I may purchase the unit during the first month and receive a discount equivalent 100% of the hire amount paid for that 12 week period to be deducted off the buy now price, during the 2nd and 3rd month it is a 50% deduction of the hire amount for that period to be deducted off the buy now price. The above applies to renewed contacts for that period only.
B. Use of equipment is for domestic indoor use only and must be stored indoors at all times.
C. Return of the unit remains the responsibility of the hirer.
D. It is convenient to renew my hire by credit card and I will be automatically charged for another period at the amount listed above and I authorise to charge to my credit card, on the hire renewal due date.
E. At the end of the hire period, if the unit is not returned or made available for pick up, on the due date, I will automatically be charged one month hire to my credit card.
F. I have inspected the unit and accept that it is in good condition and not damaged.
G. If the unit is damaged or not returned, I authorise an appropriate amount, relative to the damage or value of the unit purchase price as above, to be debited directly to my credit card.
H. If I wish to have the item delivered, I will be charged a delivery fee. At the end of the hire period, I understand that I am responsible for returning the unit or making the unit available to be picked up during normal working hours before or on the due date; otherwise I will automatically be charged one months hire to my credit card.
I. I will seek medical advice prior to commencing any exercise program on the hired equipment.
J. Delivery is to the premises only; any request to enter the property is at the risk of the hirer/customer. Hire Direct accepts no responsibility or liability for any damage incurred.
K. I acknowledge that Hire Direct staff has explained how to use the equipment in the correct and safe manner.
L. I have read and agree to abide by the conditions above and attached document No.65876.

 

CONDITIONS OF HIRE (Doc No. 65876)
The following conditions shall apply to the hiring of the equipment more particularly described on the face of this document (hereinafter called the “equipment”), owned by the supplier named on the face of this document (hereinafter called “the company”) and agreed by the company to be hired to the Hirer named on the face of this document (hereinafter called “the hirer”), that is to say ;
1. In consideration of the hire charge, more particularly set out the face of this document, received by the company from the hirer, the company agrees to hire the equipment to the hirer and the hirer agrees to take the equipment on hire from the company, subject to the conditions set out in this document.
2. The hirer shall pay all hiring charges, delivery fees and deposits to the company before being entitled to delivery of the equipment.
3. The equipment shall be at the risk of the hirer from the time of delivery into the possession of the hirer or the hirer’s servant or agent and the hirer shall be entitled to receive the equipment in like condition as to the condition of the equipment at the time of delivery into the possession of the hirer, his servant or agent, provided that the company shall not be entitled to make any claim against the hirer in respect of fair wear and tear.
4. It is hereby agreed that any person other than the hirer and other than an employee of the company who takes possession of the equipment for the purpose of delivery of the equipment into the possession of the hirer shall be deemed to be the servant or agent of the hirer.
5. At the end of any period of hire in respect of which the company has received payment from the hirer, the hirer will have the option to rehire the equipment at the same rate of hire, provided that that option must be exercised and further hire charges paid to the company before the expiry of the paid period of hire and provided that any such further hire shall in all respects be subject to the conditions of the contract as expressed in this document. The option to Re-Hire is subject to a GST payment for Hire periods after 1st July 2000 (1 / 7 / 00).
6. Exercise of the option expressed in the previous paragraph shall be deemed to have effected on payment being received by the company from the hirer.
7. The hirer hereby expressly warrants that he is aware that it shall at all times remain his responsibility to ensure that the return of the equipment to the company, in the event that the hirer does not wish to exercise the option expressed in paragraph 5 above and that the hirer shall be responsible for further hire payments at the agreed rate of hire (as well as any other charges which may be applicable) for any period of part thereof that the equipment shall not be re-delivered into the possession of the company, notwithstanding any apparent agreement entered into by or on behalf of the company, any such agreement being herein expressly negated.
8. In the event of the option expressed in paragraph 5 above not being properly exercised, or in the event of the company determining this contract for any reason whatsoever, the company shall be entitled to retake possession of the equipment forthwith without notice to the hirer and such right of retaking of possession extends to and includes a right In the company or its servant or agent to enter upon any premises by means of forcible entry if necessary, such necessity being at the sole discretion of the company or its servant or agent at any time of the day or night, without the hirer being entitled to any right of action or form of compensation against the company. In the event of such entry, whether forcible or otherwise, by the company or its servant or agent onto the premises for the purpose Third Party against the company, its servants or agents, the company shall be indemnified and is hereby indemnified by the hirer against any such action, claim or demand including any legal costs incurred by the company in connection therewith, provided that the company shall not be required to consult with the hirer or obtain the hirer’s consent to any step in connection with the defence of any such action, claim or demand or any counter-claim of the company in connection therewith.
9. Interest at the rate of five (5%) percent per month or part thereof shall accrue on any monies due to the company of the hirer.
10. It is hereby agreed that the hirer will seek medical advice prior to the usage of the equipment, and that the hirer will not be entitled to a claim against the company for an injury resulting from not seeking such guidance prior to usage. The Hirer further acknowledges that while the functions and attributes of the equipment may be explained by the company to the hirer that in no way has the company its employees or agents recommend the suitability of this equipment for the hirer and that this advice needs to be acquired from a medical practitioner and the Hirer agrees to make no claims against the company resulting from the use of the equipment.
11. It is hereby agreed that the hirer will ensure the equipment is in correct working order prior to the usage of the equipment, and that the hirer will not be entitled to a claim against the company for an injury resulting from not inspecting the equipment prior to use.
12. The hirer warrants and undertakes that he will, in the event of moving to a new place of residence (or in the case of a company, to a new place of business), notify the company prior to such change, whereupon the company shall have the option to forthwith rescind this agreement and be entitled to immediate re-delivery of possession of the equipment.
13. The hirer hereby warrants and undertakes that he will not move the equipment from the address of the hirer shown on the face of this document for a period in excess of seventy two (72) hours without having first obtained the consent of the company, in writing, prior to moving the said equipment.
14. This agreement to hire may be terminated by the company at any time by notice in writing posted to the address of the hirer shown on the face of this document. The company shall be entitled to retake possession of the equipment immediately upon delivery of such notice in writing in the event of cancellation of this agreement by the company pursuant to this paragraph, the company undertakes to refund, on a pro rata basis, such proportion of the periodic hire rate as shall apply to the unused period of hire.
15. In the event of the hirer being in default of payment of any hire charges, any other charges of fees or any condition hereof, the company shall be entitled to forthwith rescind this agreement without notice to the hirer and shall then be immediately entitled to retake possession of the equipment in the event of the cancellation by the company of this agreement pursuant to this paragraph, the hirer shall forfeit to the company any hire charges with respect to any unused period of hire.
16. The company shall be entitled to retain out any deposit paid by the hirer such amounts as the company may, in its discretion, decide shall be sufficient to compensate the company for any loss, damage, or inconvenience occasioned to the equipment or the company pursuant to this agreement.
17. The minimum period of hire shall be one (1) month, unless otherwise agreed by the company.
18. In consideration of the terms of this agreement and the taking to the hirer of the equipment an option is granted by the company to the hirer to Purchase the equipment for cash or on terms, for the prices indicated respectively on the face of this agreement, loss such hire charges as shall have been paid at the time of the exercise of the said option, subject to the reduction in price being no greater than the payment for the first hire period.
19. It is hereby agreed by the Hirer that if the company agrees to deliver the equipment to the Hirer at an agreed address that the delivery will
be deemed to be completed when the equipment arrives at the external entrance to their delivery address. The company, its employees or agents may agree where practical and reasonable to assist to locate the equipment within the delivery address, however the hirer agrees to indemnify the company, its employees or agents from any claim of damages or injury that occurs to the premises, the Hirer or any other person involved in or incidental to the handling of the equipment or its subsequent use within the Hirer’s premises or any other location.
20. This contract permits Hire Direct to make any enquiry deemed necessary to review ‘the hirers’ creditworthiness and any information which may identify the location of any equipment owned by Hire Direct. I authorise any of those sources to disclose only to Hire Direct any information concerning me, the Hirer. Any information received by Hire Direct is covered by our Privacy statement which is available on
request.
21. Under a payment plan, goods remain the property of hire direct until all payments are made and cleared.

 

“Sydney Fitness & Hire Pty Ltd ATF The Sydney Fitness Discretionary Trust” ABN: 13 363 294 927 Trading as: HireDirect.
Registered address: 33 Kirk Street Moe Vic 3825, Postal address: PO Box 159 Yarragon Vic 3823
Operating address: Address: 31 Kramer Drive Berwick Victoria 3806