Terms and Conditions1. Rental Period. a) Unless otherwise agreed the Rentee will return the Rented Property at the completion or termination of the Rental Agreement. Any costs of return are to be born by the Rentee. b) If the Rented Property is not returned to the Rentor by the end of the Rental Period then a pro rata daily charge will be made (based on 7 days for a weekly Rental Agreement type and 30 days for a monthly Rental Agreement type) related to the original terms and conditions. The Rentor reserves the right (at its discretion) to deem the rent to be extended until the Rented Property is returned and also to arrange for the recovery of the Rented Property at cost to the Rentee.
2. Payment Terms. Rent is payable in advance. Delivery/pickup, installation, consumables and software loading, if require, are extra to rental charges and are payable in advance as agreed. Payment is to be made on collection or delivery of the Rented Property for the first invoice associated with the Rental Agreement and within 14 days for any subsequent invoices. The Rentee agrees to pay all invoices within or in accordance with the payment terms. Should the Rentee fail to pay any invoice within or in accordance with the specified time then the Rentor reserves the rights to:-
b. charge the Rentee interest at a rate of 18% per annum (1.5% accumulated monthly) and calculated from the date of invoice until paid in full.
c. charge the Rentee for any costs incurred in the recovery of any debts including all legal costs on a solicitor/client basis.
4. Condition of Rented Property. The Rentee acknowledges that: (a) it has examined the Rented Property before accepting it and satisfied itself that it is in good condition, is suitable for the Rentee’s purpose, functions to a high standard, produces accurate readings and complies with prescribed safety standards; (b) the Rentor has given no representation or warranty regarding the quality, fitness, safety, suitability, standard or accuracy of the Rented Property, and no person is authorised by the Rentor to do so; (c) the Rentee will look to the manufacturer, and not the Rentor, for any collateral warranty the Rentee may require in relation to the Rented Property.
5. Care of Products. The condition of the Rented Property is recorded on the Rental Agreement. The Rentee will take good care of the Rented Property. Any damage (other than fair wear and tear) will be repaired by the Rentor or its appointee and will be charged to the Rentee. If any of the Rented Property is lost or stolen during the Rental Period, or extensions thereof, the Rentor reserves the right to charge the Rentee the retail price of the lost or stolen item/s. In the event of loss or damage of the Rented Property the rental charges will continue until the Retail Price of the Rented Property is paid for in full by the Rentee which amount is in addition to the rental charges paid.
6. Insurance. The Rentee will insure the Rented Property during the Rental Period or any extensions thereof, for all the eventualities pertaining to clause 5 of these conditions or will purchase the Rentor’s Loss & Damage Waiver.
7. Indemnity. The Rentee indemnifies the Rentor against: (a) any loss of or damage to the Rented Property however arising; (b) liability for any death, injury or damage to any person or property arising directly or indirectly from the Rented Property or its use; (c) any claim for breach of intellectual property rights arising in connection with the Rented Property or its use; (d) any loss arising from any part of this Rental Agreement being void, voidable or unenforceable for any reason; (e) any loss or liability incurred by the Rentor resulting from possession, use or operation of the Rented Property by the Rentee; (f) any liability which the Rentor may incur under any legislation by reason of the use of the Rented Property for any purpose other than as stated by the Rentee to the Rentor; provided that such loss, damage, claim or liability is not due to the Rentor’s negligence; (g) anything done by the Rentor in exercise or purported exercise of its rights under this Rental Agreement, (h) any claim affecting the Rentor’s interest in or title to the Rented Property and any action taken by the Rentor to protect such interest and title; (i) any breach by the Rentee of its obligations under this Rental Agreement including any failure to insure or adequately insure the Rented Property; and (j) the repossession of the Rented Property and any related storage, repair and/or sale. Each indemnity in this clause is a separate and independent obligation and continues after termination of this Rental Agreement.
8. Limitation of Liability. To the full extent permitted by law, all express and implied terms, conditions and warranties (other than those terms expressly set out in this Rental Agreement) are excluded. The Rentor is not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Rented Property. Whether or not the Trade Practices Act 1974 or any laws to a similar effect apply, the Rentor’s liability for anything in relation to the Rented Property and its use, including damage or economic loss, is limited to the maximum extent permitted by law. In any event the Rentor’s liability is limited, at the Rentor’s option to: (a) the replacement of the relevant Rented Property with the same or equivalent Rented Property; (b) the repair of the relevant Rented Property; or (c) reimbursement of the rent for the relevant Rented Property for the Rental Period.
9. Equipment Malfunctions. In the case of malfunctions or damage caused by accident or misuse the Rented property will be repaired by the Rentor or its appointee and charged to the Rentee. In the event of malfunction the Rentor reserves the right to replace the Rented Property with an equivalent product.
10. Consumables. The rental charges do not include consumable products (eg laser printer toner). The Rentee agrees to use only consumable products which are approved by the manufacturer of the Rented Property and not to use re-inked or refurbished consumables. Any consumables supplied with the Rented Property will be paid for by the Rentee.
11. Taxes and Government Charges. Unless otherwise specified the rental charges shall exclude all taxes (except State Government Rental Tax). Should additional taxes or government charges be introduced or the rate of any applicable tax or government charge change then the Rentor reserves the right to adjust the rental charges to include such changes or new taxes or government charges.
12. Software. _12.1 If any Operating System or Application Software is included in the Rental Agreement then the Rentee guarantees that the only copies of these made will be for the purpose of security back-up. Further to this the Rentee undertakes to destroy any such_12.2 Where the Rentee has requested the Rentor to install Software other than the Operating System on the Rented Property, the Rentee declares that they are the holder of a legitimate licence to the Software, and have the right to install the Software. The Rentee agrees to indemnify and keep indemnified the Rentor from any loss or damage arising from or in connection with the installation or use of the Software.
13. Severance. If any term or condition of this Rental Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this Rental Agreement shall be valid and enforceable to the fullest extend permitted by law.
14. Cancellation of orders. If cancellation occurs after an order is placed the Rentee shall incur a cancellation charge equal to half of the Rental Charges however if the cancellation occurs within 48 hours of the delivery date, the Rentee shall incur a cancellation charge equal to the full Rental Charges.
16. Definitions. In this Rental Agreement unless the context otherwise requires the expressions:_(a) Rentee shall mean and include the Rentee and each of them and where appropriate their respective directors, shareholders, representatives, transferees and assigns. (b) Rentor shall mean and include the person firm or corporation trading as Hire Intelligence and entering into this Rental Agreement as Rentor and its transferees and assigns. (c) Rented Property shall mean all property including but not limited to equipment, packaging, containers and carrier bags, provided to the Rentee by the Rentor. (d) Words importing a singular number or plural number shall include plural number and singular number respectively (e) Words importing the masculine or neuter gender shall include every gender. (f) Rental Period shall mean the duration for which the Rentor has agreed to provide the Rented Property in accordance with the terms and conditions of this Rental Agreement.
17. Loss & Damage Waiver. If the damage waiver box overleaf is initiated by the renter the renter agrees to pay the insurance levy of 10% of hire charge and the owner agrees to waive its right of claim from the renter for any loss or damage to the equipment in excess of $500. which is caused by fire, storm, earthquake, accident or burglary/theft provided that in the case of burglary/theft the renter has supplied to the owner satisfactory evidence that he has promptly reported the burglary/theft to the police. The waiver shall not apply to the loss or damage to the equipment in the following circumstances:
(b) loss or damage due to mysterious disappearance of the equipment
(c) loss or damage caused by misappropriation or wrongful conversion by the renter or his employees or agents.
(d) loss or damage to accessories, including battery packs, rechargers, antennae, adaptors and vehicle mounting accessories.
(e) Theft or any attempted theft committed by -
i) any of the renter’s family.
ii) any person in the service of the renter.
iii) any person or persons in collusion with any of the renter’s family.
(f) theft from an unlocked/unattended vehicle.
(g) theft in open air.
In the event that damage is not fully covered under the insurance the renter agrees to indemnify the owner against all claims by any part for damage suffered as a result of any incident involving the equipment however caused.
The renter acknowledges that the owner shall not be bound by any representation as to the existence or extent of any insurance and that the provisions of this agreement and the insurance referred to constitute the totality of the agreement between the owner and the renter in relation to insurance.
I ……………………………………hereby acknowledge on behalf of …………………………………… that I have read, understood and accept the Tin Can Telecom Pty Ltd terms and conditions which shall apply to all existing and future rental agreements. …………………………………… ……………… Signature Date