Terms and Conditions
RENTAL APPLIANCE AGREEMENT TERMS AND CONDITIONS
1. The offer made herein by the Renter shall be deemed to have been accepted by the Company upon the installation or delivery of the goods in or to the premises described in the rental agreement. Notwithstanding acceptance of the offer by the Company by installation or delivery as the Company may at any time within one calendar month from the date of accepting of the offer by the Renter, without notice and without being bound to give any explanation, recind this agreement
"ab initio" and take possession of the goods, upon repayment to the Renter of all moneys paid hereunder.
2. The Renter agrees to take the goods on a rental basis for the initial term stated in the schedule. If the Renter shall have given to the Company not less than 48 hours before the expiration of the initial term, notice of termination of this agreement at the expiration of the initial term, then this agreement shall terminate on the expiration of the initial term. The renter agrees to pay a minimum rental amount equal to one month of the advertised rate.
If the Renter has not given such notice to the Company the term of this agreement shall continue after the expiration of the initial term on a month by month basis until the Renter terminates this agreement by giving not less than 48 hours notice of the termination to the Company and by ensuring the Company can have access to collect the goods.
3. The Company may terminate this agreement without prior notice'
(a) at the expiry of any paid up term during the term (whether during the initial term or not); or
(b) in the event of a breach of this agreement by the Renter; or
(c) if the Renter becomes bankrupt or assigns his estate for the benefit of his creditors; or
(d) if the Renter suffers execution upon any of his goods; or
(e) if the Renter becomes of unsound mind.
If, on termination of this agreement the Renter fails to deliver the goods to the Company or as it directs, the Renter shall on demand pay to the Company all costs, expenses and charges sustained or incurred by the Company in recovering possession thereof and in recovering any amount to which it shall be entitled hereunder.
4. The Renter hereby acknowledges the Company's title to the goods described in the agreement and the Company's right to immediate possession thereof upon termination of this agreement.
Nothing herein contained shall be construed as an offer by the Company to sell the Goods to the Renter or the grant of an option to the Renter to purchase the Goods.
5. The goods shall not be removed from the premises referred to in clause 1 unless the Company shall first have consented in writing to such removal.
6. Provided that the Renter shall not be in breach of this agreement, the Company shall keep the goods serviced and replace any parts which are faulty due to fair wear and tear.
7. The Renter shall keep the goods in good order and condition and shall indemnify the Company against any loss or destruction thereof or damage thereto from any cause whatsoever (fair wear or tear only excepted) at all times during the term of this agreement and until the goods have been delivered to the Company or as it shall direct. The Renter will upon demand pay to the company, in the case of loss, the value of the goods as assessed by the Company or in the case of damage, such value or the cost of repairs whichever is the lesser amount.
The Renter will clean the goods before they are returned to the Company and will pay upon demand a fee not greater than $55.00 per appliance to Company if the goods are returned in a state of condition that requires cleaning.
8 The Company shall not be liable for and the Renter hereby indemnifies and will continue to indemnify the Company against any direct, indirect, consequential or incidental damage to the Renter's business, property'" or injuries to any person, however caused that arise through the use of the goods. The Renter acknowledges that any insurance cover taken out by the Company in respect of the goods shall be for the benefit of the Company solely and may not include cover for any instances of loss or damage envisaged by this clause.
9. The Company may, at any time from time to time, substitute the goods of the same nature as those described in the schedule but of such type and model as shall, for the time being, be available. The substituted goods shall be deemed to be the goods described in the Schedule and to be subject to the terms and conditions herein.
10. The Renter shall not create any charge, lien, encumbrance over the goods or allow the same to go out of his or her personal control. The Renter shall notify the Company immediately of any seizure or attempt.
11 The Renter permits any person authorised by the Company to inspect and test the goods from time to time and enter upon any premises where the goods may be held at all reasonable times.
12. All payments by the Renter shall be made at the place of business of the Company or to such other person or place as the Company directs.
The renter agrees to pay the collection cost to the company on or before the day the goods are collected. Collection is charged at the follow rate; 1 - 3 months rental = $55 plus $12 for each extra appliance. 4 - 6 months rental = $35 plus $6 for each extra appliance. Collection is FREE when rented for a period that is longer than 6 months.
13. All rental installments are payable in advance on or before the due date. In each and any event whereby the Renter fails to forward such rental installments on or before the due date without written consent of the Company, the Renter shall pay to the Company a late payment fee of $12.00 .
14. The Company reserves the right (subject to any legislation for the time being in force) to increase the rental payable by the Renter at any time after 12 months from the date hereof. Such increase of rental shall be payable immediately on pubucation by or upon notice given by the Company to the Renter at its address stated overleaf.
15. It is acknowledged and agreed by the Renter that unless specifically stated otherwise, the rate of rental has been calculated on the basis that the Company is not liable to pay in respect of the Goods any licence fees, taxes, surtaxes, charges and/or levies to governments or governmental or semi-governmental instrumentalities. To the maximum extent permissible by law the Renter agrees that he will pay by way of additional or increased rent an amount equivalent to any additional or other moneys paid or payable from time to time by the Company in respect of any liability imposed on the Company under or by virtue of its ownership of the goods or by virtue of this agreement notwithstanding that any statute, amendment, ordinance, proclamation, order, regulation, Ministerial direction, moratorium or the like at any future date directly or indirectly imposes such liability on the Company.
16. Any indulgence granted by the Company shall not prejudice its rights hereunder and any waiver by the Company of any particular breach of this agreement by the Renter shall not be deemed a sanction or a waiver of any continuing or recurring breach. Any determination of this Agreement, or any termination of the renting, shall not affect any right of the Company to recover moneys then due by the Renter hereunder or damages for any breach of this agreement.
17. Where a deposit has been paid to the Company upon the signing of this offer and the Renter has duly complied with all the terms and conditions herein, the Company shall refund in full the amount of the deposit to the Renter at the termination of this agreement upon return of the goods to the Company.
18. The conditions set out on this page and any other page signed by the Renter constitute the whole Agreement made between the Renter and the Company and no officer, servant or agent of the Company has any authority to vary, add to
or omit any of the terms or conditions hereof.
19. In addition to the rights conferred by this agreement:
(a) If the Renter shall make default in payment of any monthly rental or other sum payable hereunder for seven (7) days after the same shall have become due (where payment thereof shall have been demanded or not) or commit any breach of the provisions hereof, then the Company without prejudice to its rights to recover rentals overdue may without notice resume possession of the goods and in any such case all costs, expenses, charges (legal or otherwise) sustained or incurred by the Company or the Company's agent in connection with the recovery or attempted recovery of the goods shall immediately become due and owing by the Renter to the company.
(b) If either the Company or the Renter terminates this agreement for any reason before the expiration of the initial term of this agreement, the Company may recover all arrears of rental including the collection fee and other amounts payable to the date of termination.
(c) If the Renter shall fail to return or deliver the goods to the Company (or the Company's agent) where the agreement is terminated by either the Company or the Renter, the initial term has expired or the Renter is in breach of the terms of this agreement, the Renter shall pay to the Company (or as it shall direct) on demand all costs, expenses, charges (legal or otherwise) sustained or incurred by the Company or the Company's agent in connection with the recovery or attempted recovery of the goods and/or in recovery or attempting to recover any amount including arrears of rental and late payment fees to which the Company shall be entities to from the Renter pursuant to this agreement or otherwise.
20. In this agreement singular words shall include plural words, words importing persons shall apply to corporations, the masculine gender shall include the feminine and neuter genders, and two or more Renters hereunder shall be bound jointly and severally.
21. In accordance with Section 18E (8)(c) of the Privacy Act 1988 ("the Act"), the Renter acknowledges that items of personal information about the Renter including information in this agreement and coming to the Company's knowledge during the term of this agreement which is permitted to be kept on a credit information file, might be disclosed to a credit reporting agency.
The Renter irrevocably and specifically agrees:
(a) For the purpose of Section 18L (4) of the Act, that the Company may use information of the kind referred to in that section for the purpose of assessing the Renters credit worthiness.
(b) For the purposes of Sections 18K (l)(b) and 18K (I)(h) of the Act, that a credit reporting agency may disclose personal information about the Renter for the purpose of the collection of payment that is overdue to the Company.
(c) For the purpose of Section 18N (l)(b) of the Act that the Company may give to and seek from other credit providers, any information derived from a report or the entire report for any of the following purposes: -
(i) To assess the Renter's creditworthiness and continued creditworthiness: and
(ii) To notify, exchange and/or obtain from a credit reporting agency and use the Renters credit report (or any derived information) for assessing any application for credit made by the Renter from time to time.
22. By completing the credit card section, you have authorised the company to debit your credit card account for the rental amount as set out in the schedule on the due dates and any costs incurred to rectify loss or damage.