- Eligibility
(a) The hirer must have a valid and current Credit Card/Debit Card & Drivers Licence. - Post Hire
(a) Once the Hired Equipment is returned, it will be inspected by a staff member from Mr Treadmill.
BEST TREADMILLS PTY LTD retain the right to charge the hirer the cost of any damage to the hired equipment other than fair wear and tear (Determined by a staff member of Mr Treadmill) - Equipment Breakdown
(a) In the event of the Hired Equipment fails or breaks down (with reference to the hirers obligation of due care) BEST TREADMILLS will extend the hire period by the number of days the equipment was not functional. - Hirer Negligence
(a) If the hirer believes there is a problem with the Hired Equipment then they MUST contact Mr Treadmill (BEST TREADMILLS) immediately.
i. Mr Treadmill advises that the hirer should send an email describing in detail the problem with the Hired Equipment.
ii. A detailed description may avoid the requirement to send a technician and the fault may be resolved by correspondence or over the phone.
(b) If a qualified Technician is sent out to fix the issue and finds there is no mechanical or electrical issue with the ‘Hired Equipment’, then the Hirer will be charged the full cost charged by the Technician. This payment is to be made to Mr Treadmill (BEST TREADMILLS) immediately otherwise Mr Treadmill (BEST TREADMILLS) retains the right to charge the payment owed with the authorized credit card on the contract. - Hirer’s Obligations
(a) Keep the goods in good order and condition and only use the equipment as they would be used by a careful and prudent owner
(b) Report any damage to, loss of, or failure occurring to the equipment
(c) Be liable for any breach of this agreement committed by the Hirer’s servants or agents
(d) Indemnify the owner (Mr Treadmill) in relation to any breach of this agreement and any liability arising out of any breach
(e) Pay the owner the cost of effecting repairs to the goods necessitated by the improper use of the goods - Hire Extensions & Overdue Hire Conditions
(a) The onus is strictly on the hirer to notify a staff member from Mr Treadmill (BEST TREADMILLS) of their intensions prior to the hire expiry date.
(b) In the event that the hirer has not notified Mr Treadmill prior to the expiry date, once the expiry date has passed the hire agreement will be automatically extended for one month and the hirers authorised credit card or debit card will be charged the amount of one month’s hire for the specific item hired.
i. If no credit card details are held, then the hirer will be invoiced for the hire extension with seven days payment terms. - Payment for Hire
(a) The Hirer agrees that:
i. At the conclusion of the initial hire period, this agreement automatically renews in three (3) month periods
ii. Unless the hirer notifies Mr Treadmill (BEST TREADMILLS) that they wish to end the hire agreement, the auto renew will be applied twice only.
iii. At the conclusion of 6 months after the hire agreement, in the event that the hirer has not notified Mr Treadmill (BEST TREADMILLS PTY LTD) of their intention to renew or end the agreement, the hirer will be charged the cost of replacement of the equipment plus GST.
(b) The Hirer agrees to pay BEST TREADMILLS PTY LTD the amount of the hire charge together with any applicable goods and services tax, fees, penalties, demands, charges or costs imposed in collecting outstanding hire fees. The hirer authorises BEST TREADMILLS PTY LTD to complete any necessary action to enable the charging of hire fees to hirer’s credit card or debit card details supplied.
(c) If a periodic payment or any other amount due is not paid in full and on time, you will be in default of the hire agreement, and Mr Treadmill is entitled to recover liquidated damages from you on the overdue amount.
(d) For each failure to make a payment in full and on time, the amount of liquidated damages payable will be:
i. If the payment period is monthly, $50; or
ii. If the payment period is quarterly, $100
iii. In addition, you agree to reimburse Mr Treadmill for the amount that the bank charges us for your dishonoured payment(s).
iv. All liquidated damages are payable on demand which Mr Treadmill may enforce by debiting the amount of any liquidated damages from your nominated bank account or credit card. However, you will be provided with reasonable notice before we debit your bank account or credit card. - Change of Address
(a) If the Hirer moves house and changes their address during the Hire period then they must contact someone from Mr Treadmill (BEST TREADMILLS) prior to the move. The Hirer will be responsible for any damages to the Hired equipment that occurs before, during or after the move. BEST TREADMILLS PTY LTD will not cover any damages to the cosmetics, mechanical or electrical parts of the Hired equipment after it has been moved. Any problems with the hired equipment post move will be charged to the Hirer’s credit card as a result of issues caused from the move may not show immediately. - Delivery and Collection (Pick-up)
(a) Hire of the equipment will commence on the date that the fitness equipment is delivered after all fees have been paid.
(b) Delivery and collection is available between 9am and 4pm, Monday to Friday and 8am to 12.30pm on Saturday only.
i. The delivery fee will be charged at the time of hire
ii. The pickup (collection) fee will be deducted from the bond
(c) You will arrange a suitable delivery time with Mr Treadmill at the time of entering into this agreement.
(d) After hours delivery or collection incurs an extra $60 fee
i. By entering into this hire agreement, you hereby authorise Mr Treadmill to charge your credit card $60 for all after-hours delivery or collection attempts.
(e) Mr Treadmill will send you a text message on the morning of collection to your mobile phone confirming the time of collection.
i. If you are not present at the time of collection, you will be charged a $60 fee for the return collection time.
ii. If you do not answer your door at the time of collection, you will be charged a $60 fee for the return collection time.
(f) If you have a safe ‘undercover’ dry place to leave the hired equipment, Mr Treadmill will collect the equipment from that pre-arranged location on condition that:
i. The hirer will provide a detailed description to Mr Treadmill where the equipment is stored with details of how to access the property;
ii. The hirer accepts all risk and liability in the event that the equipment is not in the nominated pre-arranged location at the time when Mr Treadmill attends your property;
(g) In the event that the equipment has not been left in the pre-arranged location, you will be charged a fee of $60 for the second pick-up.
(h) Mr Treadmill will take the utmost care when delivering (and collecting) your fitness equipment. By entering into this hire agreement, you agree to indemnify Mr Treadmill for any damage that may occur to your property during the delivery (or collection) of the hired fitness equipment - Oversize Equipment
(a) Mr Treadmill is experienced in the delivery of fitness equipment. By entering into this hire agreement, you confirm that you have carefully measured the door openings to your property (entry to the property; entry to the room where the fitness equipment is to be located; entry to any hallway; access any stairway or balcony).
(b) At the time of delivery, Mr Treadmill will assess the access and designated location for the fitness equipment.
i. In the event that the hired equipment is too large and will not fit into the designated space, you agree that:
a. The bond OR first month’s rent will be forfeited (whichever is the greater)
b. The delivery fee will be charged
ii. In the event that you still want to continue with the hire agreement, Mr Treadmill can disassemble and reassemble in your designated area.
a. Mr Treadmill will give you an estimate of the time required;
b. Mr Treadmill will book a time to return to disassemble and reassemble. A further delivery fee will apply;
iii. The fee to disassemble and reassemble the equipment will be charged to your credit card at $60 per hour
a. Please allow approximately 2 hours for disassemble and reassemble at the time of delivery
iv. Please note: the fee to disassemble and reassemble will apply to the end of the hire period and will be charged to your credit card at the same time as the initial disassembly and reassembly.
i. Please allow approximately 2 hours for disassemble and reassemble at the time of collection
ii. If you choose to purchase the equipment prior to the end of the hire agreement, the second fee to disassemble and reassemble will be deducted from the purchase price. - Hire Termination / Extension
(a) It is the responsibility of the hirer to inform Mr Treadmill of your intention prior to the termination date of the hire agreement.
(b) At the end of the hire agreement, it is your responsibility to notify Mr Treadmill of your intention to:
i. Return the fitness equipment; OR
ii. Continue the hire agreement on a ‘month-to-month’ basis; OR
iii. Purchase the fitness equipment
(c) Written notice must be given no less than 48 hours prior to the end of the hire period
i. If written notice is not received by Mr Treadmill, that is, no notice is received OR notice is received less than 48 hours, you will be charged the next month’s rent; and
ii. The hire agreement will continue on a month-to-month basis until you choose to terminate the month-to-month hire agreement
iii. Written notice to be sent by email to: mrtreadmill@live.com.au
(d) In the event that the equipment is not returned by the termination (end) date, then a further month’s payment shall become due and payable and shall continue to accrue on a monthly basis until the equipment is returned
(e) In the event that the equipment is returned prior to the end of the monthly anniversary, Mr Treadmill reserves the right to not refund or rebate any early termination. The hirer agrees that no claim shall be made if Mr Treadmill determines not to provide a rebate.
(f) All equipment is to be returned clean. Unclean equipment will incur a $60 cleaning fee.
(g) You must remove all personal data from the fitness equipment where storage of information is available
i. Mr Treadmill expressly denies all liability for any consequences arising from your failure to remove such information, except for our fraudulent or negligent handling or disposal of such information - Fair Wear and Tear
(a) You must keep the fitness equipment in good repair, condition and working order (normal fair wear and tear excepted).
(b) You must use, service and maintain the fitness equipment in accordance with the manufacturer’s instructions and recommendations.
(c) You must not modify the equipment
(d) In the event that the fitness equipment breaks down, Mr Treadmill will repair or replace the equipment and extend the hire period by the number of days the equipment was not functional.
a. Extension of the hire period will only commence from the date the hirer notifies Mr Treadmill - Purchase Option
(a) You have entered into a Hire Agreement for Fitness Equipment. This is not a ‘rent-to-buy’ agreement.
(b) However, from time to time, the hirer will want to purchase the fitness equipment.
(c) In the event that you choose to purchase the fitness equipment, the following will apply:
i. You will be provided with a payout figure;
ii. The payout figure is calculated on the basis of value of the equipment and the time remaining on the hire agreement (the details of the payout figures are provided at the time of signing the hire agreement).
(d) The hire agreement will be mutually terminated and Mr Treadmill will provide you with a purchase receipt for the fitness equipment.
(e) This is a non-refundable purchase.
(f) Mr Treadmill provides a 3 month (90 day) warranty on repairs (the cost of replacement parts are not included in the warranty). - Ownership of Fitness Equipment
(a) The hired equipment shall remain the sole and absolute property of Mr Treadmill, and the hirer shall not sell, assign, pledge, sub-let, lend or otherwise part with possession of the fitness equipment, or deal with the property in any way than in accordance with this Hire Agreement.
(b) The hirer shall not, without the written consent of Mr Treadmill remove the equipment from the address provided in the application form.
(c) The hirer will protect the fitness equipment against distress, execution or seizure of property, and indemnify Mr Treadmill against all losses.
(d) Mr Treadmill reserves their right to make a request to inspect the fitness equipment at any time during the hire period. If the request to inspect is made:
i. You have 7 days after receiving the request to allow the inspection to take place at the address provided on the hire application.
ii. If you do not have the fitness equipment, Mr Treadmill reserves the right to:
a. Charge you the full cost of replacement; OR
b. Take legal action against you in a court of competent jurisdiction. - Notices
(a) You must notify Mr Treadmill immediately if there are changes to:
i. Your phone number;
ii. Your bank account or credit card details;
iii. Your postal address;
iv. Your email address; or
v. Any other information that we should be aware of regarding your ability to comply with this hire agreement.
(b) We can give notice by delivering it to you personally or leaving it at, or sending it by post, facsimile or email to your home, business, postal or email address last known to Mr Treadmill. An email notice shall be valid if not returned in error. - Governing Law
(a) This Hire Agreement is governed by the laws of Queensland
(b) The parties submit to the non-exclusive jurisdiction of the courts of Queensland - Risk of Loss or Damage
(a) Subject to the return of the equipment or criminal activity (theft), while Mr Treadmill owns the equipment, the hirer bears the risk of theft, accidental loss or accidental damage to the equipment occurring anywhere in Queensland.
(b) You assume and bear the risk of all theft, loss or damage to the fitness equipment which we do not retain and bear under clause 17(a), and you agree to indemnify Mr Treadmill for any such theft, loss or damage.
(c) If the fitness equipment is stolen, you must inform the Police within 48 hours and promptly provide Mr Treadmill with a copy of the Police Report and QP number.
(d) If the fitness equipment is stolen, accidentally lost or accidentally damaged, you agree to:
a. Pay the agreed sum (being the recommended retail price) to replace the stolen, lost or damaged equipment.
(e) Mr Treadmill (BEST TREADMILLS PTY LTD) recommends that you should notify your insurance company that you have hired fitness equipment and that this equipment should be noted on your insurance policy.
Mr Treadmill – Best Treadmills Pty Ltd – ABN 36 659 411 677 –
126 Robinson rd East, Geebung
(07) 3865 4940
