EASY LIVING HIRE PTY LTD - CONDITIONS OF HIRE

1. Payment of rental: unaffected by this clause, the Company will

recalculate the monthly rental instalments and this
The Hirer must pay the Total Rental by monthly instalments in Agreement will continue in respect of those
advance, by the due date. The Hirer must pay the monthly rental unaffected Goods at the recalculated rental.
instalments until the Goods have been returned to the Company.
7. Right of Company to terminate and repossess Goods:
2. Delivery & pick up of Goods:
(a) The Company may terminate this Agreement and
(a) Arrange access. The Hirer must arrange access for the repossess the Goods if:
Company to the Premises for the delivery and, if applicable,
pick up of the Goods. If the Company is unable to gain (i) any money owing under this Agreement is due and
access for any reason, the Hirer must pay all additional remains unpaid for more than 14 days; or
costs incurred by the Company for the re-delivery or re-pick
up of the Goods within 14 days of the Company's request (ii) the Hirer breaches or is in default under any of the
for payment of those costs. other terms of this Agreement; or

(b) Return. The Hirer must arrange return of the goods to the (iii) the Hirer becomes bankrupt or has an administrator,
Company during the Company's normal trading hours. receiver, provisional liquidator, liquidator or other
However, if the Hirer requests, the Company may agree to external controller appointed to it.
pick up the Goods from the Premises if the Hirer: Upon any such termination before the expiration of the term
(i) requests pick up at least four working days before the of hire the Hirer must pay the Company all amounts due
requested pick up date; and under this Agreement but unpaid, plus an additional amount
calculated under clause 8(b).
(ii) pays a pick up fee (if it has not already done so).
(b) If this Agreement is terminated under clause 7(a) the Hirer
(c) Delivery/Pick-up time. Despite clause 2(b), the Company must promptly return the Goods to the Company. If the
reserves the right to nominate a day and time convenient to Hirer does not do so, the Hirer consents to the Company or
the Company for the delivery / pickup of the Goods. its agents at any times entering the Premises or any other
premises in which the Company believes the Goods are
3. Keep Goods at Premises located, whether the Hirer is present or not and, in either
(a) The Hirer must not move the Goods from the Premises case, using such force as is necessary, in order to
without the prior written consent of the Company and the repossess the Goods.
Goods must remain in the Hirer's sole possession. (c) The Hirer will make no claim against the Company or its
(b) If the Goods are removed without the Company's prior agents for damage arising out of or connected with
written consent, this will be deemed an unlawful conversion repossessing the Goods under clause 7(b).
and/or illegal misappropriation of the Goods and (d) The Hirer indemnifies the Company against all claims,
appropriate legal action may be taken against the Hirer. actions, demands or suits arising out of or connected with
4. Damage to Goods: repossessing the Goods under clause 7(b).

The Hirer must keep the Goods in good order and condition, (e) The Hirer must pay the Company all costs and charges
allowing for fair wear and tear and the Hirer is responsible for any (including all legal costs on a full indemnity basis) incurred
damage to the Goods. The Hirer must pay the Company on by the Company or its agents incidental to repossessing the
demand a sum equal to the cost of repairing or replacing damaged Goods.
Goods, as reasonably determined by the Company. (f) If the Goods cannot be repossessed by the Company or its
5. Service of Goods: agents they will be deemed lost, stolen or destroyed and the
Company may take legal action against the Hirer to recover
(a) Despite clause 4, if any Goods are electrical appliances and the retail price of the Goods that would have been charged
they malfunction due to: had the Hirer purchased the Goods on the date of this
Agreement.
(i) a defect in the Goods; or
8. Early termination of Agreement:
(ii) fair wear and tear through normal usage of the
Goods, (a) If the Hirer or the Company terminates this Agreement
before the expiry of the term specified in the Schedule, the
the Company will collect the Goods to repair them within 7 Hirer must pay to the Company:
days after the Hirer notifies the Company of the malfunction.
(i) all amounts due under this Agreement but unpaid at
(b) Any malfunction of the Goods arising in any other way must the time of the termination; plus
be repaired by the Hirer at its own cost.
(ii) an additional amount calculated under clause 8(b).
6. Insurance and lost, stolen or destroyed Goods:
(b) The Hirer acknowledges that long-term rentals are less
(a) The Hirer must insure the Goods against fire & theft for their expensive per month than short-term rentals. If this
full insurable value per the Insurance included in the quote Agreement is terminated early, the Company will
recalculate the monthly rental instalments based on the rate
(b) The Hirer acknowledges that the insurance policy offered of rent it would have applied had this Agreement originally
by the Company at the time of hire of the Goods covers fire been for a term ending on the date of early termination. The
and theft from the Hirer only, and any other loss or damage additional amount payable by the Hirer is the difference
is the Hirer's responsibility, with clause 6(c) applying. Theft between that recalculated rental instalment and the monthly
must be promptly reported to LER and supported by a rental instalments specified in the Schedule, multiplied by
Police Report. the number of months from the commencement of this
Agreement until early termination.
(c) If any Goods are lost, stolen (and not reported or supported
by a Police Report) or destroyed, they are deemed to 9. Cleaning of Goods:
remain on hire and the Hirer must:
The Hirer will be charged the reasonable cost incurred by the
(i) repair or replace them, in which case this Agreement Company for cleaning each item comprising the Goods that
continues in respect of them; or requires cleaning (excluding cleaning required as a result of
normal use) upon the return of the Goods to the Company.
(ii) pay the Company the replacement price of those
Goods. After this payment, the lost, stolen or 10. Security deposit:
destroyed Goods will be deemed to have been
returned to the Company and this Agreement will (a) The Hirer must pay the Company the security deposit
terminate in respect of them. If any other Goods are specified in the Schedule before delivery of the Goods.
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(b) If the Hirer: 18. Adult Supervision:

(i) returns the Goods to the Company at the end of the Adult supervision is required to be provided by the Hirer when
rental term; and using any baby furniture.
(ii) has complied with all of the terms of this Agreement, 19. Installing or Collecting Goods:
the Company will return to the Hirer the security deposit Installing or collecting a houselot of furniture has inherent risks
within 10 working days of the return of the Goods, less any and whilst all care is taken, normal wear & tear associated with
monies owed to the Company under this Agreement (such the installation or collection is the hirer’s responsibility. This
as cleaning costs under clause 9). includes minor marks on walls or scratches on floors.
11. Conditions of hire to apply after initial hire term: 20. Cross Default:
If the Hirer retains possession of the Goods beyond the term of If the Hirer defaults under any other agreement it has with the
this Agreement specified in the Schedule, the Hirer must continue Company, the Hirer will be deemed to be in default under this
to pay the monthly rental specified in the Schedule. If the Hirer Agreement and clause 7 applies.
notifies the Company that the Hirer wishes to extend the term of
the Agreement (the minimum extension period is three months), 21. Statements:
the Company will recalculate the monthly rental for the Goods A statement in writing signed by or on behalf of the Company of:
based on the rates of rental that would have been payable if the
term of the Agreement had originally been for the period from (a) the amount owing to it by the Hirer at the date specified in
commencement of the Agreement until the end of the period the statement;
specified in the Hirer's notice. The recalculated monthly rental will
apply from the date of the next tax invoice sent after the date of (b) the Company's right to be paid on demand; or
notification. It does not apply to rental instalments previously (c) anything else relevant to the establishment of any right or
incurred. remedy of the Company or liability of Hirer,
12. Collection charges: is sufficient evidence of the truth of its contents.
The Hirer must pay the Company any fees or charges relating to 22. Notices:
the collection of overdue moneys, including but not limited to,
dishonour fees, collection fees and all legal expenses on a full Any notice given in connection with this Agreement must be in
indemnity basis. writing. The notice may be served either:
13. Interest: (a) personally; or
The Hirer must pay interest on: (b) by leaving it at or sending it to the last known residential or
business address of the Hirer.
(a) any amount due and payable under this Agreement, or so
much of it which for the time being remains unpaid; or 23. Definitions:
(b) any judgment or order in which this clause may become "Agreement" means the Schedule and these conditions of hire
merged, and any variations to them.
in each case , at a rate equal to 2 per cent per annum above the "Goods" means each of the products specified in the Schedule.
Company's overdraft rate from time to time, calculated on daily
rests and computed from the date on which the payment was due "Premises" means the address specified on the application form
to the date it is actually received. for the delivery and installation of the Goods.

14. Goods not immediately available: "Schedule" means the document entitled hire agreement supplied
to the Hirer at the commencement of the term.
Where goods requested by the Hirer are not immediately available
at the start of the Term of the Agreement, the Company may "Tax Invoice" means the monthly tax invoice sent to the Hirer.
supply and the Hirer may accept similar replacement goods on an Other words used in this Agreement have the same meaning as
interim basis. The Hirer must pay monthly rental instalments for that set out in the Schedule.
the replacement goods at the same rate as the monthly rental
instalments for the goods originally requested. 22 Cancellation:

15. Taxes: If a signed Agreement is cancelled by the Hirer, prior to delivery, and
the goods have been selected and held for them, a charge of one week’s
The Hirer must pay all taxes, duties or charges payable under any rental will apply. If the goods have been loaded onto the trucks for
law of the Commonwealth or any State or Territory of Australia in delivery an additional fee of $300 will be charged.
respect of this Agreement or any supply under it, whether existing
at the time this Agreement was entered into, or introduced after
the execution of this Agreement. This includes, but is not limited 23 Credit Card Surcharge:
to, GST and stamp duty.
All Amex payments will attract a surcharge of 3% inclusive of taxes. All
16. Variation: VISA and Mastercard payments will attract a surcharge of 1.5%
inclusive of taxes
The Company may vary any of the terms and conditions of this
Agreement by giving the Hirer written notice of the variation. That
notice may be a copy of the terms and conditions, as varied.
The above conditions have been read and fully understood by me.
Unless otherwise stated in the notice, the variations will take effect
immediately upon service of the notice, which will be deemed to
occur 7 days after the notice is posted to the Hirer at the last Signed:................................................
known address of the Hirer.
17. Company not liable for consequential loss:
Print Name:.........................................
The Hirer agrees that it will not make any claim against the
Company for damages in respect of property or personal injury
Date:...................................................
sustained as a result of any use, malfunction, defect or breakdown
of the Goods and indemnifies the Company against all claims,
actions, demands or suits directly arising out of or connected with
the use, malfunction, defect or breakdown of the Goods.