Common use of PPS Law Clause in Contracts

PPS Law. This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. Security interests and sub-hire The hirer must not create, 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 the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer 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 hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement Owner For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. Hirer I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… WARNING FAILURE TO RETURN THE SCHEDULED EQUIPMENT ON OR BEFORE THE FINAL DATE OF THE HIRE PERIOD NOMINATED IN THE SCHEDULE CAN BE CRIMINAL THEFT AND MAY BE IMMEDIATELY REPORTED TO THE POLICE ATTACHMENT 1 Schedule Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Telescopic Handlers: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Conditions of use specific to the equipment: Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. WARNING This schedule has terms and conditions attached which must be read by the hirer before signing All equipment is hired under the terms of the Master Agreement for the Hire of telescopic handlers in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

PPS Law. This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. Security interests and sub-hire The hirer must not create, 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 the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer 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 hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement Owner For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. Hirer I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… WARNING FAILURE TO RETURN THE SCHEDULED EQUIPMENT ON OR BEFORE THE FINAL DATE OF THE HIRE PERIOD NOMINATED IN THE SCHEDULE CAN BE CRIMINAL THEFT AND MAY BE IMMEDIATELY REPORTED TO THE POLICE ATTACHMENT 1 Schedule Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Telescopic HandlersPlant and Equipment: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Conditions of use specific to the equipment: Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. WARNING This schedule has terms and conditions attached which must be read by the hirer before signing All equipment is hired under the terms of the Master Agreement for the Hire of telescopic handlers Plant and Equipment in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

PPS Law. This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. Security interests and sub-hire The hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment vehicle other than with the express written consent of the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment vehicle to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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 equipmentvehicle. The hirer 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 hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement Owner For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. Hirer I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible See next page for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the signing by hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… WARNING FAILURE TO RETURN THE SCHEDULED EQUIPMENT ON OR BEFORE THE FINAL DATE OF THE HIRE PERIOD NOMINATED IN THE SCHEDULE CAN BE CRIMINAL THEFT AND MAY BE IMMEDIATELY REPORTED TO THE POLICE ATTACHMENT 1 Schedule Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Telescopic Handlers: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Conditions of use specific to the equipment: Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. WARNING This schedule has terms and conditions attached which must be read by the hirer before signing All equipment is hired under the terms of the Master Agreement for the Hire of telescopic handlers in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

PPS Law. This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. Security interests and sub-hire The hirer must not create, 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 the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer 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 hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement Owner For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. Hirer I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… WARNING FAILURE TO RETURN THE SCHEDULED EQUIPMENT ON OR BEFORE THE FINAL DATE OF THE HIRE PERIOD NOMINATED IN THE SCHEDULE CAN BE CRIMINAL THEFT AND MAY BE IMMEDIATELY REPORTED TO THE POLICE ATTACHMENT 1 Schedule Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Telescopic HandlersElevating Work Platforms: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Conditions of use specific to the equipment: Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. WARNING This schedule has terms and conditions attached which must be read by the hirer before signing All equipment is hired under the terms of the Master Agreement for the Hire of telescopic handlers Elevating Work Platforms in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

PPS Law. This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. Security interests and sub-hire The hirer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the equipment vehicle other than with the express written consent of the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment vehicle to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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 equipmentvehicle. The hirer 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 hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement Owner For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. Hirer I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible See next page for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the signing by hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… WARNING FAILURE TO RETURN THE SCHEDULED EQUIPMENT ON OR BEFORE THE FINAL DATE OF THE HIRE PERIOD NOMINATED IN THE SCHEDULE CAN BE CRIMINAL THEFT AND MAY BE IMMEDIATELY REPORTED TO THE POLICE ATTACHMENT 1 Schedule Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Telescopic Handlers: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Conditions of use specific to the equipment: Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. WARNING This schedule has terms and conditions attached which must be read by the hirer before signing All equipment is hired under the terms of the Master Agreement for the Hire of telescopic handlers in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.

PPS Law. This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law. The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees. The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit. To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, 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 hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. The hirer 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. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer 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 purposes of allowing the owner the benefit of section 275(6)(a) and the owner will not be liable to pay damages or any other compensation or be subject to injunction if the owner breaches this sub-clause. Security interests and sub-hire The hirer must not create, 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 the owner. The hirer must not lease, hire, bail or give possession (‘sub-hire’) of the equipment to anyone else unless the owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the owner and must be expressed to be subject to the rights of the owner under this Agreement. The hirer may not vary a sub-hire without the prior written consent of the owner (in its absolute discretion). The hirer must ensure that the owner is provided at all times 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. The hirer 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 hirer to gain (subject always to the rights of the owner) first priority (or any other priority agreed to by the owner in writing) for the security interest; and enabling the owner and hirer to exercise their respective rights in connection with the security interest. The owner may recover from the hirer the cost of doing anything under this clause, including registration fees. Executed as an agreement Owner For and on behalf of:……………………………………………………………………………….(company) Authorised Person: ……………………………………………………………………………….(printed name) Signature: ……………………………………………………………….. Date: ……………………. Hirer I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible See next page for the safekeeping of the equipment against damage or theft and that the owners insurance will not cover the signing by hirer, subject to any damage waiver agreement. For and on behalf of:………………………………………………………………………………..(company) Authorised person: ………………………………………………………………………………..(printed name) Signature: ……………………………………………………………….. Date: ……………………… WARNING FAILURE TO RETURN THE SCHEDULED EQUIPMENT ON OR BEFORE THE FINAL DATE OF THE HIRE PERIOD NOMINATED IN THE SCHEDULE CAN BE CRIMINAL THEFT AND MAY BE IMMEDIATELY REPORTED TO THE POLICE ATTACHMENT 1 Schedule Owner…………………………………………………………(company) ABN …………………………………………………………. 1 Telescopic Handlers: ……………………………………………………………………………………… 2 Hire fee (incl GST): ………………………………………………………………..………………………… 3 Damage waiver fee (incl GST): …………………………... 4 Hire period: From …………….(Date)……………(Time) to …………..(Date)…………..(Time) 5 Deliver to:…………………………………………………………………………………………………………… 6 Pick up from:……………………………………………………………………………………………………… Conditions of use specific to the equipment: Manuals/risk assessment information issued……………………………………………………………………… Training required:…………………………………............................................................................ Hazardous materials warning:………………………………………………………………………………………….. Competency Certificate requirement:……………………………………………………………………………….. Specific conditions of use:……………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………….…. …………………………………………………………………………………………………………………………………..… …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….. WARNING This schedule has terms and conditions attached which must be read by the hirer before signing All equipment is hired under the terms of the Master Agreement for the Hire of telescopic handlers in place between the hirer and the owner unless any other terms have been specifically prescribed or agreed by the owner. The hirer certifies that the equipment has been received in good order and condition and the hirer has received detailed instructions on the operation of equipment in the Schedule and understands the safety procedures that are to be followed including the restrictions on other persons using the equipment.