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TERM OF AGREEMENT
1.1 The Renter shall pay to Microrentals the
total amount set out in the Schedule by
monthly or weekly instalments as set out in
the Schedule. The first of such instalments
shall be paid on the date of this Agreement
and thereafter, where monthly instalments
are due, on the same day of each succeeding
month or as close there to as is reasonably
practicable. Where weekly instalments are
due, on the same day of each succeeding week
as the delivery date. Rental payments shall
be due whether or not the Renter has
received any notice that such payments are
due and all rental payments shall be paid to
Microrentals at its address set out on the
reverse page hereof or as otherwise directed
in writing by Microrentals.
1.2 The Renter acknowledges that when the
rental is for a period of 3 months or more
the monthly Rental Charge has been
determined at a concessional rate based on
the Rental Period stated in the Schedule.
The Renter agrees that in the event that the
equipment is returned to MicroRentals prior
to the expiration of the Rental Period then
MicroRentals shall have the right to
recalculate the Rental Charge based on the
rates applicable for the rental of such
equipment for the period it was retained by
the Renter (called "the recalculated rent").
The Renter will pay to Microrentals.
1.3.1 The difference between the
recalculated rent and the rent paid and
1.3.2 15% of the total Rental Charge that
would have been payable for the original
Rental period, calculated at the non-concessionable
rate, for each month or part of a month
between the date of the return of the
equipment and the date of the expiration of
the rental period.
1.4 When the rental is for a period of less
than 3 months the renter is not entitled to
the repayment of any part of the rent on the
return of the equipment prior to the
expiration of the rental period.
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TERM OF AGREEMENT
2.1 Microrentals shall deliver the Equipment
to the Renter on the delivery date or so
soon thereafter as is practicable. Provided
however that Microrentals shall not be
responsible for any failure to deliver
arising out of any strike, act of war, act
of God or other cause beyond its control.
The Renter hereby authorises Microrentals to
insert in this Rental Agreement the Serial
numbers and other identification data of
Equipment as particularised in the schedule
when the same has been determined by
Microrentals. Microrentals does not
guarantee on the battery life of its
laptops.
2.2 CRAA. The Renter acknowledges that
verbal permission has been given to
Microrentals to obtain from a credit
reporting agency, a credit report containing
personal/commercial credit information about
themselves in relation to commercial credit
provided by Microrentals.
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LOCATION
The Equipment shall be delivered to the
delivery address as set out in the Schedule
hereto and the Renter covenants and agrees
that he will not remove the same from that
address without the prior written consent of
Microrentals. Microrentals may at any
reasonable time inspect the Equipment.
Should the Equipment at any time be removed
from the Equipment delivery address without
the prior written consent of Microrentals,
Microrentals shall have the right to
forthwith retake possession of the Equipment
provided however that the obligation of the
Renter to pay all rental charges due
hereunder shall continue thereafter,
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OWNERSHIP
The Equipment at all times remains the
property of Microrentals and the Renter has
no right to charge, pledge, grant a lien
over or give any interest in the Equipment
to any other person.
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TERM OF AGREEMENT
This Agreement shall commence upon the date
hereof and shall continue for the period set
out in the schedule hereto. In the event
that Microrentals permits the Renter to
remain in possession of the Equipment or any
part thereof after the period set out in the
schedule hereto then this Agreement shall
continue as a monthly/weekly agreement
(whichever is applicable) upon the same
terms and conditions so far as they are
applicable as set out hereunder and such
agreement shall thereupon be terminable by
one months/weeks notice (whichever is
applicable) in writing.
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ACCEPTANCE
By making the first payment due after
delivery of the Equipment, the Renter shall
be deemed to have acknowledged receipt of
the Equipment in good order and repair and
in a condition satisfactory in all respects
for the purpose required by the Renter.
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EXTENSION
Once the Renter extends the rental period of the equipment either by email, fax or verbal confirmation, Renter agrees to pay all rental charges in full towards the extension. Microrentals can organise the pick up of the rental equipment earlier than the last date of the extension if requested by the renter but Renter still needs to pay the full rental charges for the complete extended rental period.
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CANCELLATION
If cancellation occurs after an confirmed order is placed, the Renter
shall incur a cancellation charge that is
50% of the Rental Charges. However,
if the cancellation occurs within 24 hours of the
delivery date, the Renter shall incur a cancellation
charge that is 100% of the Rental Charges.
Once the products are delivered, there will
not be any refund of the Rental Charges.
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REPAIRS, USE, ALTERATIONS
The Renter shall at his own expense and cost
keep all the Equipment in good and working
repair and condition and it shall not in any
way alter the Equipment without the Owner's
written consent having been obtained.
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LOSS OR DAMAGE
If any negligence or misconduct of the
Renter results in any loss, theft,
destruction of or damage to the Equipment
however caused to any part thereof, then the
Renter shall bear the entire costs of such
loss or damage and it shall reimburse
Microrentals in respect thereof. No such
loss or damage shall relieve the Renter of
the obligation to pay rent under this
Agreement or of any other obligation under
this Agreement.
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INDEMNITY
The Renter shall indemnify Microrentals from
or in respect of any claims and/or actions,
suits and damages, obligations, liabilities,
and liens (including any of the foregoing
arising or imposed under the doctrine of
"strict liability"), arising out of the
manufacture, purchase, rent, possession,
operation, condition, return or use of
Equipment or any breach of copyright in
respect of any software. The Renter agrees
that upon written notice by Microrentals of
the assertion of such a claim, action,
damage, suit, liability or lien, the Renter
shall assume full responsibility for the
clause and shall continue notwithstanding
the termination of this Agreement.
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DEFAULT
If the Renter fails to pay the rental when
due, fails to pay any amount required herein
or fails to perform any obligation under
this Agreement or makes any assignment for
the benefit of his creditors or if the
Renter shall commit any act of bankruptcy,
enter into any scheme of arrangement or
composition or being a Company shall go into
liquidation or receivership or enters into
any scheme of arrangement, Microrentals
shall have the right to immediately take
possession of any or all of the Equipment,
wherever the same shall be located, without
demand or notice, without any Court Order or
other process of Law.
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SURRENDER
After the expiration of the term of this
Agreement, or its prior termination, the
Renter shall forthwith return all Equipment
by delivering it in the same condition as
when delivered to the Renter, reasonable
wear and tear excepted,
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COSTS AND EXPENSES
The Renter shall pay to Microrentals all
cost and expenses including reasonable
Solicitors' fees and the fees of any
Collection Agencies incurred by Microrentals
in the enforcing of the conditions or
provisions hereof.
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DISHONOURED CHEQUES
The Renter agrees to reimburse Microrentals
in full for the amount of any dishonoured
cheque. In addition to the aforesaid
condition, the Renter agrees to pay
Microrentals the sum of $45.00 for every
such dishonoured cheque presented by
Microrentals.
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INTEREST
Should the Renter be in arrears in respect
of the payment of any amount due under this
Agreement, such amount shall bear interest
at a rate of twenty per cent (20oIc ) per
annum, such interest shall be calculated and
paid on a daily basis.
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NOTICES
Services of notices under this Rental
Agreement shall be sufficient if given
personally or mailed to the party involved
at its address set forth in this Agreement
or at such other address as that party may
provide in writing from time to time. Any
such notice mailed to the address shall be
effective when deposited in the mail, duly
addressed and with postage paid.
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EXCLUSION OF WARRANTIES
Should this Rental Agreement constitute a
supply of goods or services to a Consumer as
defined by the provisions of the Trade
Practices Act, then the liability of
Microrentals for breach of any condition or
warranty implied under the said Act shall be
limited to any one or more of the following
at the option of Microrentals. In the case
of goods, one of the following: (i)the
replacement of the goods or the supply of
equivalent goods: (ii)the repair of the
goods; (iii)the payment of the cost of
replacing any goods or acquiring equivalent
goods: (iv)the payment of the cost of having
the goods repaired; or In the case of
services: (i)supplying of the services
again; or (ii)the payment of the cost of
having the services supplied again
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EXCLUSION OF WARRANTIES
Subject to EXCLUSION OF WARRANTIES, by as
far as is permitted at Law all warranties or
conditions as to fitness for the intended
purpose, merchantable quality or otherwise
are hereby excluded and the Renter
acknowledges that the goods are fit for the
purpose for which he requires them.
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INSURANCE
The Renter shall take out, and maintain
whilst ever the renter is in possession of
the equipment insurance of the kind
specified in the schedule hereto. All such
insurance shall be in a form satisfactory to
Microrentals and shall be for an amount at
least equivalent to the retail price of the
equipment. Such insurance shall name
Microrentals as the owner of the equipment,
and shall contain the insurers agreement to
give Microrentals at least thirty (30) days
written notice of cancellation or material
change of any such policy of insurance. The
renter shall provide copies of all such
policies or certificates of insurance to
Microrentals upon request. SCHEDULE: Fire;
perils; storm and tempest; burglary; public
liability; fusion.
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TAXES
The Renter shall pay to Microrentals or as
directed by it in writing all stamp duty,
taxes or other assessments or expenses which
may hereafter be imposed or levied upon, in
respect of or arising out of this Agreement
and/or the use by the Renter of the
Equipment.
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MAINTENANCE AND EQUIPMENT
The Renter shall under no circumstances
permit any person to carry out any repair or
maintenance work upon or to the Equipment
without the written consent of Microrentals
first having been obtained.
The law governing this
Agreement shall be the law for or in respect
of all States and Territories of Australia.
You agree to allow
MicroRentals Pty. Ltd. to obtain
corporate/personal credit information
through Baycorp Advantage Australia in
relation to your equipment rental.
All clients approved will be
subject to terms and conditions in the
MicroRentals rental agreement.
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