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TERM OF AGREEMENT for RENTAL
1.1 The Rentee 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 Rentee 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 Rentee 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 Rentee 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 Rentee (called "the recalculated rent"). The Rentee 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 Rentee 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.
TERM OF AGREEMENT
2.1 Microrentals shall deliver the Equipment to the Rentee 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 Rentee 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 Rentee 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.
The Equipment shall be delivered to the delivery address as set out in the Schedule hereto and the Rentee 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 Rentee to pay all rental charges due hereunder shall continue thereafter,
OWNERSHIPThe Equipment at all times remains the property of Microrentals and the Rentee has no right to charge, pledge, grant a lien over or give any interest in the Equipment to any other person.
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 Rentee 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.
By signing the rental contract the Rentee 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 Rentee.
Once the Rentee extends the rental period of the equipment either by email, fax or verbal confirmation, Rentee 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 Rentee but Rentee still needs to pay the full rental charges for the complete extended rental period.
If cancellation occurs after an confirmed order is placed, the Rentee 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 Rentee 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.
REPAIRS, USE, ALTERATIONS
The Rentee 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.
LOSS OR DAMAGE
If any negligence or misconduct of the Rentee results in any loss, theft, destruction of or damage to the Equipment however caused to any part thereof, then the Rentee 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 Rentee of the obligation to pay rent under this Agreement or of any other obligation under this Agreement.
The Rentee 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 Rentee agrees that upon written notice by Microrentals of the assertion of such a claim, action, damage, suit, liability or lien, the Rentee shall assume full responsibility for the clause and shall continue notwithstanding the termination of this Agreement.
If the Rentee 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 Rentee 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.
After the expiration of the term of this Agreement, or its prior termination, the Rentee shall forthwith return all Equipment by delivering it in the same condition as when delivered to the Rentee, reasonable wear and tear excepted,
COSTS AND EXPENSES
The Rentee 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.
The Rentee agrees to reimburse Microrentals in full for the amount of any dishonoured cheque. In addition to the aforesaid condition, the Rentee agrees to pay Microrentals the sum of $45.00 for every such dishonoured cheque presented by Microrentals.
Should the Rentee 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.
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.
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
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 Rentee acknowledges that the goods are fit for the purpose for which he requires them.
The Rentee shall take out, and maintain whilst ever the Rentee 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 Rentee 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.
The Rentee 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 Rentee of the Equipment.
MAINTENANCE AND EQUIPMENT
The Rentee 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.
MICRORENTALS PRICE GUARANTEE
Our 15% guarantee is subject to availability on similar product. not extend to Rent to Keep plans. We will require a written quote from our competitors.
TERM OF AGREEMENT for Managed Services
1.1 MicroRentals agrees to supply the requested goods ("Products") and/or services ("Services") to the Customer only on these standard terms and conditions ("these Terms").
2.1 Quotations expire within 14 days or at the end of the current month, whichever comes first unless otherwise specified in the quotation. Product specifications, pricing and availability are subject to change without notice.
3. Purchase orders.
3.1 Only these Terms (no other terms and conditions which may be attached to or incorporated in a purchase order) form part of the agreement between the parties. MicroRentals's acceptance of a purchase order will not be acceptance of any such terms or conditions.
4.1 MicroRentals will use its reasonable endeavours to deliver the Products and supply the Services by the date agreed but is not liable for any delays in delivery caused by matters beyond its control. Freight charges incurred by MicroRentals in delivering Products to the Customer will be invoiced to the Customer.
4.2 For Products which are to be collected, an email will be sent (and/or a telephone call made) to the Customer when the Products become available. Any orders not collected within 5 business days will be returned to stock.
5.1 Unless the Customer gives MicroRentals written notice of any aspect of a deliverable which is alleged by the Customer to be otherwise than in accordance with these Terms or any applicable specifications within 48 hours of the date of delivery of that deliverable, the Customer is deemed to have accepted that deliverable on delivery.
6. Prices and payment.
6.1 Payment terms are strictly 7 days from date of invoice.
6.2 Products and pre-delivery Services will be invoiced on delivery of the Products. Other Service and Support Tickets will be invoiced on completion.
(a) The following forms of payments are accepted:
(b) company cheques for account customers:
(c) electronic funds transfer (EFT) to account name: MicroRentals Pty Ltd; BSB: 032 013 ; account no: : 111 275
(d) for EFT payments, goods will be released on receipt of cleared funds; and
(e) Credit card: American Express, Visa, MasterCard.
7.1 Credit limits may not be exceeded without MicroRentals's written consent.
8. Overdue payments.
8.1 If any amount is not paid by the due date, or any payment by cheque be unpaid, the entire balance then outstanding shall immediately become due and payable without any notice. The Customer agrees that a service charge of 0.05% per day on overdue balances may be
charged to the Customer's account at MicroRentals's discretion.
9. Collection charges.
9.1 If MicroRentals instructs its solicitors to collect an overdue amount all legal fees and collection charges and tracing agents' fees as between solicitor and client shall be borne by the Customer.
9.2 All payments made by the Customer shall firstly be allocated towards recovery fees and charges thereafter to interest and finally to reduction of the debt.
10. Recovery and governing law.
10.1 The Customer hereby consents to the jurisdiction of the courts of New South Wales for all actions, which may be instituted against it for the recovery of any amounts owing to MicroRentals. The agreement will be governed by the laws of New South Wales.
11.1 Goods returned will only be credited to the Customer's account if returned in the same condition as delivered by MicroRentals to the Customer initially and if returned and received by MicroRentals in accordance with the "MicroRentals Returns Policy".
12. Risk, Title and the Personal Property Securities Act.
12.1 Products supplied by MicroRentals to the Customer will be at the Customer's risk upon delivery to the Customer or into the Customer's custody (whichever is the sooner).
12.2 Ownership of each unit of the products will remain with MicroRentals until all amounts owing by the Customer to MicroRentals (including without limitation the purchase price of the products and other debts between the Customer and MicroRentals) have been paid in full.
12.3 Until all amounts owing by the Customer have been paid in full, the Customer may sell the products in the ordinary course of its business but only as trustee and agent of MicroRentals. The Customer must not represent to any third party that it is acting for MicroRentals, and MicroRentals will not be bound by any contracts with third parties to which the Customer is party.
12.4 The Customer must hold the proceeds it receives from any sale of the products as trustee and agent for MicroRentals. All proceeds from the sale of the products must be placed in an ADI account (as defined in the Personal Property Securities Act 2010) separate from its own monies and the Customer must not allow any person to have control of, or grant a security interest over, the proceeds or the accounts in which they are held. The Customer must make immediate payment to MicroRentals from the accounts in which the proceeds are held of all amounts which may be owing by the Customer to MicroRentals.
12.5 Until all amounts owing by the Customer have been paid in full, the Customer may, subject to clause 12.3 take possession of the products and hold them as trustee and agent for MicroRentals. The Customer must store the products in such a manner that they are readily distinguishable from the other goods held by the Customer and so they clearly show that they are the property of MicroRentals.
12.6 If the Customer becomes insolvent or does not comply with any terms of this Agreement in relation to the payment of any amount owing to MicroRentals or otherwise, then:
(a) immediately on MicroRentals's request, the Customer must return any products acquired from MicroRentals;
(b) MicroRentals may enter upon the premise (or where the products are stored) and take possession of the products; and
(c) MicroRentals may retain, sell or otherwise dispose of the products.
12.7 If the Customer makes a payment to MicroRentals at any time whether in connection with this Agreement or otherwise MicroRentals may, at its absolute discretion, apply that payment to first satisfy obligations that are not secured, then obligations that are secured, but not by a purchase money security interest, in the order in which those obligations were incurred, and then obligations that are secured by a purchase money security interest in the order in which those obligations were incurred.
12.8 If Chapter 4 of the Personal Property Securities Act 2009 (Cth) ("PPSA") would otherwise apply to the enforcement of a security interest arising in connection with this Agreement the Customer agrees the following provisions of the PPSA will not apply to the enforcement of this
(a) section 95 (notice of removal of accession), to the extent that it requires MicroRentals to give a notice to the Customer,
(b) section 96 (when a person with an interest in the whole may retain an accession);
(c) subsection 121(4) (enforcement of liquid assets - notice to grantor);
(d) section 125 (obligation to dispose of or retain collateral);
(e) section 130 (notice of disposal), to the extent that it requires MicroRentals to give a notice to the Customer;
(f) paragraph 132(3)(d) (contents of statement of account after disposal);
(g) subsection 132(4) (statement of account if no disposal);
(h) section 135 (notice of retention);
(i) section 142 (redemption of collateral); and
(j) section 143 (reinstatement of security agreement).
12.9 Notices or documents required or permitted to be given to MicroRentals for the purposes of the PPSA must be given in accordance with the
12.10 The Customer consents to MicroRentals effecting a registration on the PPSA register (in any manner MicroRentals considers appropriate) in relation to any security interest contemplated by this Agreement and the Customer agrees to provide all assistance reasonably required to facilitate this. The Customer waives the right to receive notice of a verification statement in relation to any registration on the register.
13. Limitation of Liability.
13.1 MicroRentals shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any defect in the products whether patent or latent, and the Customer indemnifies MicroRentals against any claims made against it by any third party arising out of any such defects.
14.1 MicroRentals makes no warranty in relation to the Products or Services other than as contained in these Terms or as prescribed by a law which cannot be excluded or, in the case of Products, as provided by the Products' respective manufacturers. Defects in Services which are reported to MicroRentals within 30 days of delivery of the Service will be rectified by MicroRentals at no charge to the Customer. MicroRentals will not provide claimed warranty services for defects or deficiencies in Products or Services which are caused by:
(a) external causes including natural disaster, fire, accident, neglect, misuse, vandalism, water, lightning, power surge or spike;
(b) the use of a Product for other than its intended purpose;
(c) the use with or connection of a Product to items not approved by MicroRentals;
(d) the performance of maintenance or attempted repair by persons other than MicroRentals or as authorised by MicroRentals;
(e) any configuration or reconfiguration by the Customer.
14.2 Products validly returned will only be credited to the Customer's account if they are returned in the same condition as delivered to the Customer and if received by MicroRentals within 21 days from delivery.
15.1 MicroRentals and the Customer agree that they will keep at all times as strictly confidential any confidential information that is disclosed or provided by one party to the other. In this clause, "confidential information" means information in any form but does not include information that is already in the public domain at the time that it is disclosed or becomes part of the public domain otherwise than as a result of an unauthorised disclosure by MicroRentals or the Customer.
16. Intellectual property.
16.1 The Customer acknowledges that all intellectual property rights attaching to the Products or arising out of the provision of Services are and will remain the property of MicroRentals (or its supplier, where such rights are owned by that supplier). Software will be licensed to the Customer on the terms of the relevant licence agreement provided with the Products. Any rights to be conferred on Customer will only commence on payment of all charges payable in connection with those rights.
18.1 If the Customer:
(a) makes default in any payment or breaches any of these Terms;
(b) becomes unable to pay its debts as and when they fall due; or
(c) commits an act of bankruptcy or, being a company, enters into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or has a receiver or receiver manager or administrator appointed over all or part of its assets or passes a resolution for winding-up or a petition is presented for its winding-up.
18.2 MicroRentals may without prejudice to any of its rights or remedies under these Terms or otherwise by notice to the Customer:
(a) suspend further supply and require payment in advance for future supply;
(b) recover possession of any Product for which payment has not been made;
(c) terminate all or any purchase orders for Products or Services which have been accepted by MicroRentals;
(d) claim immediate payment of all moneys due by the Customer in respect of all Products and/or Services which will then be immediately due and payable notwithstanding the due date or dates for payment or any terms agreed by MicroRentals; and/or
(e) continue to enforce its rights and recover from the Customer such payments and any other amounts owing as and when they fall due.
19. No representations.
19.1 The Customer acknowledges that MicroRentals has not made any warranty or representation, express or implied, in relation to the Products or the Services, including whether they are suitable for a particular purpose (whether such purpose was made known to MicroRentals or not), unless provided in writing.
20. No implied terms.
20.1 To the fullest extent permitted by law, the parties agree to exclude any terms which would otherwise be implied into these Terms by any statute. The liability of MicroRentals for a breach of a condition or warranty implied into these Terms by the Trade Practices Act, 1974 is limited at the option of MicroRentals:
(a) if the breach relates to goods, to the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and
(b) if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
21.1 The Any variation to these Terms must be in writing. Variations to any of the Services agreed to be supplied will be charged by MicroRentals at its then current rates for those additional services, unless otherwise agreed in writing.
22. Taxes and GST.
22.1 The amount payable to MicroRentals is inclusive of existing taxes, duties and government charges imposed or levied in Australia in connection with the supply of the Products and Services. The Customer is liable for any new or varied taxes, duties or charges imposed subsequent to MicroRentals's quotation in respect of the supply of the Products and Services. MicroRentals will issue a valid tax invoice where GST is to be recovered.
23.1 The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force and effect unless to writing and signed by both MicroRentals and the Customer. No representations have been made by MicroRentals or on its behalf which have induced the Customer to enter into this Agreement.
24.1 No relaxation or indulgence granted by MicroRentals to the Customer shall be deemed as a waiver of any rights of MicroRentals in terms of this Agreement and such relaxation or indulgence shall not be deemed a variation of any terms and conditions of this Agreement.
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