You should read these Hire Contract Conditions very carefully. They contain terms and conditions which may impact you, including that; the liability of Force Marketing to its Customers is excluded in some circumstances; and Customers may be liable for damage to goods that are hired by them, and for damage to goods or property owned by a third party; and Force Marketing Privacy Policy permits Force Marketing in some circumstances and subject to compliance with the Australian Privacy Principles to provide data about a Customer, or data provided by a Customer, to a third party in a form that may enable the third party to identify the Customer. 

These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Force Marketing and the Customer in writing. Force Marketing agrees to hire Equipment to the Customer on terms set out in this document The Customer agrees to receive hire Conditions and all associated documentation by electronic means, or by printed or other form where electronic means are not available. The Customer must check the Hire Conditions on receipt and unless the Customer notifies Force Marketing before Delivery of the Equipment that it disagrees with anything in the Hire Conditions, the terms of the Hire Conditions are accepted by the Customer.

 Force Marketing may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.

Amendments: These Hire Contract Conditions may be changed by Force Marketing from time to time by Force Marketing giving notice of the amendment to the Customer.

Notice is deemed given when Force Marketing does any of the following:

sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer; publishes the amended terms on its website. 

Changes to these Hire Contract Conditions will only apply to Hire Contracts entered into after the change has been notified to the Customer by one of the methods mentioned above. 

INTERPRETATION OF WORDS IN THIS CONTRACT;

COMMENCEMENT The date and time when the Equipment is Delivered to the Customer.

EQUIPMENT Means any of Force Marketing, Owned Equipment.

CUSTOMER refers to the person, firm, organisation, partnership, corporation, or other entity (including a trust) hiring the Equipment from Force Marketing Hire as identified in the Credit Application or Hire Conditions.

HIRE CHARGE The amounts shown on the Hire Rates payable by the Customer to hire the Equipment.

HIRE PERIOD Means from Commencement until the end of the period shown on the Hire Conditions. The Hire Period may only be extended for one or more definite periods and in each case, this can only be done if the Customer requests it and if Force Marketing agrees. Force Marketing may issue amended Hire Conditions for any extension of the Hire Period.

HIRE CONDITIONS Means a document in such form as Force Marketing shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Force Marketing may decide to include.

FORCE MARKETING The company or companies listed on the Hire Conditions.

REMOTE AREA Any location which is more than 50 kilometres from the Force Marketing branch from where the Equipment is hired. FORCE MARKETING OBLIGATIONS.

Force Marketing will:

Allow the Customer to use the Equipment for the Hire Period;

Provide the Equipment to the Customer clean and in good working order;

Collect the Equipment within 1 day of being requested to do so by the Customer.

 OBLIGATIONS OF THE CUSTOMER

The Customer must:

Satisfy itself at Commencement that the Equipment is suitable for its purposes; 

Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturers instructions whether supplied by Force Marketing or posted on the Equipment; 

NOTE TO CUSTOMER:

You MUST advise Force Marketing if you require any further instruction on the operation and safe use of the Equipment. 

INDEMNIFY: Force Marketing for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred because of the use of the Equipment;

Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;

Report and provide full details to Force Marketing of any accident or damage to the Equipment within two business days of the accident or damage occurring;

Sign any documentation requested by Force Marketing at such intervals as reasonably stipulated by Force Marketing, to confirm the Customers acceptance of these Hire Contract Conditions;

Assist and co-operate fully and promptly with Force Marketing and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a Hire Conditions on which the Customer is Force Marketing;

Remain responsible for the care and safekeeping of the Equipment until collected by Force Marketing. 

THE CUSTOMER MUST NOT;

Tamper with, damage, or repair the Equipment;

Lose or part with possession of the Equipment;

Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;

Exceed the recommended or legal load and capacity limits of the Equipment; 

PAYMENTS BY THE CUSTOMER TO FORCE MARKETING

On or before Commencement (or as otherwise specifically agreed with Force Marketing ), the Customer will pay the Hire Charge. Immediately on request by Force Marketing, the Customer will pay: the new list price of any Equipment which is for whatever reason not returned to Force Marketing. 

NOTE TO CUSTOMER:

Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment. All costs incurred in cleaning the Equipment;

The full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;

Stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer s use of the Equipment;

All costs incurred by Force Marketing in delivering and recovering possession of the Equipment;

Interest for late payment of amounts owing by the customer, at thepre-judgement interest rate set by the Local Court of WA from time to time;

Any reasonable expenses and legal costs (including commission payable to a commercial agent) incurred by Force Marketing in enforcing this Contract due to the Customers default;

All costs of repairing or replacing tyres, including road service;

If any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract;Hire fees for the period from the commencement of the hire until the Equipment is picked up by Force Marketing.

Without limiting the ability of Force Marketing to recover all amounts owing to it, the Customer authorises Force Marketing to charge any amounts owing by the Customer to any credit card or account details of which are provided to Force Marketing.

Force Marketing may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments. 

PPS LAW

This clause applies to the extent that this Contract provides for a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law). References to PPS Law in this agreement include references to amended, replace- ment and successor provisions or legislation.

Force Marketing may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Force Marketing requires for the purposes of ensuring that Force Marketing security interest is enforceable, perfected, and otherwise effective under the PPS Law, enabling Force Marketing to gain priority (or any other priority agreed to by Force Marketing in writing) for its security interest,

and enabling Force Marketing to exercise rights in connection with the security interest.The rights of Force Marketing under this document are in addition to and not in substitution for Force Marketing rights under other law (including the PPS Law) and Force Marketing may choose whether to exercise rights under this document, and/or under such other law, as it sees fit.

To avoid any doubt about it Force Marketing security interest will attach to proceeds.To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are contracted out of this agreement in respect of all goods to which that section can be applied:

section 95 (notice of removal of accession to the extent it requires Force Marketing to give a notice to the Customer);

section 96 (retention of accession);

section121(4) (notice to grant or);

section125 (obligations to dispose of or retain collateral);

section 130 (notice of disposal to the extent it requires Force Marketing to give a notice to the Customer);

section 129(2) and 129(3);

section 132(3)(d) (contents of statement of account after disposal);

section 132(4) (statement of account if no disposal);

section 135 (notice of retention);

section 142 (redemption of collateral);

section 143 (re-instatement of security agreement).

The following provisions of the PPS Law:

section 123 (seizing collateral);

section 126 (apparent possession);

section 128 (secured party may dispose of collateral);

section 129 (disposal by purchase);

section 134(1) (retention of collateral) confer rights on Force Marketing.

Customer agrees that in addition to those rights, Force Marketing shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights,  under this document and the Customer agrees that Force Marketing may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or license.

The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.

Force Marketing and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply.

The agreement in this sub-clause is made solely for the purpose of allowing to Force Marketing the benefit of section 275 (6)(a) and Force Marketing shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. Customer must not dispose or purport to dispose of or create or purport to create or permit to be created any security interest (as defined in PPS Law) in the Equipment other than with the express written consent of Force Marketing.

Customer must not lease, hire, bail or give possession (sub-hire) of the Equipment to anyone else unless Force Marketing (in its absolute discretion) first consents in writing.

Any such sub-hire must be in writing in a form acceptable to Force Marketing and must be expressed to be subject to the rights of Force Marketing under this agreement.

Customer may not vary a sub-hire without the prior written consent of Force Marketing (which may be withheld in its absolute discretion).

Customer must ensure that Force Marketing is always provided with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.Customer must take all steps including registration under PPS Law as may be required to:

Ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected, and otherwise effective under the PPS Law, enabling the Customer to gain (subject always to the rights of Force Marketing) first priority (or any other priority agreed to by Force Marketing in writing) for the security interest; and enabling Force Marketing and the Customer to exercise their respective rights in connection with the security interest. 

EXCLUSION OF WARRANTIES AND LIABILITIES.

Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, Force Marketing liability in respect of any guarantee is limited to the replacement or re-pair of the Equipment, or the cost of having the Equipment repaired or replaced.To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply.

Force Marketing makes no representations and gives no warranties other than those set out in these Hire Contract Conditions and will not be liable to the Customer for any damages, costs, or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

BREACH OF HIRE CONTRACT BY CUSTOMER

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then,

Force Marketing shall be entitled to:

Terminate this Contract; and/or sue for recovery of all monies owing by the Customer, and/or repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 6 is immediately invalidated.

The Customer indemnifies Force Marketing in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

DISPUTES

The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Force Marketing in writing within 30 days of the hire contract date.

In the event that no communication is received from the Customer within that 30-day period, the Hire Charges are deemed to be accepted by the Customer.

If a dispute arises relating to this contract, the hiring, or the use of the Equipment (except in regard to payments due to Force Marketing), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation. 

EQUIPMENT DATA

Force Marketing Equipment may contain on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment.

By hiring any Equipment from Force Marketing, the Customer expressly consents to Force Marketing use of the GPS Device on such Equipment during the Hire Period and to Force Marketing collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that Force Marketing is the owner of that data subject to your rights as set out in our Privacy Policy. PRIVACY

Force Marketing will comply with the Australian Privacy Principles in all dealings with Customers.

A copy of the Force Marketing Privacy Statement is available upon request or by visiting www.forcemarketing.com.au/privacy-policy GOVERNING LAW

The hire contract containing these Hire Contract Conditions is a payment claim under the Construction Contracts Act 2004 WA, the Building and Construction Industry (Security of Payment)Except where Force Marketing in its discretion takes action against the Customer under any of the Building and Construction Industry legislation referred to in this clause, Force Marketing and the Customer agree that this Contract is governed by the law of the state of Western Australia, and the parties submit to the jurisdiction of the courts of that State.