The Customer (which includes its employees, servants and agents)
hereby rents from Current Electrical Industries Pty Ltd, Trading As –
Current Projects (“Current Projects”) the Equipment as referred to in
the Rental Agreement which includes all items, articles, accessories,
documents (including operating manuals) or things supplied with the
Equipment upon these Conditions or any terms and conditions
contained in the Rental Agreement (together the “Rental Documents”).
The Rental Documents apply despite any other terms and conditions
that are proffered by the Customer.
1. CASUAL RENTAL
1.1 The rental period commences on the rent start date shown on
the Rental Agreement and continues until it terminates at 9:00
am on the first business day (in the state which the rental
occurred) after the period nominated on the Rental Agreement
(“Term”). A business day excludes Saturdays, Sundays and
Public Holidays.
1.2 When the Equipment is not returned at the end of the Term, then
rental charges will continue to accrue at the same daily rate set
out in the Rental Agreement until the business day on which the
Equipment is returned complete with all the accessories and
undamaged.
1.3 The Term is the minimum period for which charges at the daily
rate set out in the Rental Agreement apply.
1.4 A rental fee at the daily rental rate and subject to a minimum
total charge set out in the Rental Agreement will continue to be
charged until the Equipment is returned complete with all the
accessories and undamaged. Where the Equipment or
accessories are lost or equipment or accessories are damaged and the Rental Agreement did not include damage waiver
under clause 21 of these Conditions, the rental fee at the daily
rate will continue to be charged and payable until replacement
equipment or accessorie(s) is/are purchased and delivered to
Current Projects and /or the damaged Equipment or
accessories are replaced or repaired to serviceable condition
and returned to Current Projects.
1.5 A minimum transaction charge of $150+GST will apply to the first
invoice.
1.6 The rental rate shown on the Rental Agreement does not include preparation, packaging & freight charges, GST or other rental tax
or duty recovery charges which are shown separately on the
invoice.
1.7 Equipment returned before 9:00 am on any business day (in the
state equipment is rented) to the Current Projects Office from
which it was dispatched will be deemed to have been received on
the previous calendar day. Equipment received after 9:00 am on
any business day (in the state equipment is rented) will be
recorded as received on that business day.
1.8 A reposition fee will apply and be charged for assets not returned
to the Current Projects office from which the equipment was
shipped. The office from which Equipment was shipped is shown
on the Rental Agreement.
2 RENTAL PURCHASE OPTION (RPO)
2.1 The rental period and monthly rental fee is specified in the Rental Agreement.
2.2 The Customer shall pay the rental fee by calendar monthly
instalments with the first instalment due and payable upon
placement of order. Further instalments will be due and payable 7
days from the invoice date specified in the Rental Agreement. If
the Equipment is not returned (complete with all accessories and
undamaged) by the calendar month date following the Rent Start
Date, then a further monthly rental fee shall become due and
payable. Rental shall continue to accrue daily and will be payable
on each calendar month thereafter until the Equipment is
returned.
2.3 If the Customer at the end of the rental period specified in the
Rental Agreement desires to purchase the Equipment, the
Customer must earlier than 2 months and no later than 1
month prior to the end of the rental period give written notice
to Current Projects that the Customer exercises the option to
purchase the Equipment. Upon receipt of the Customer’s
written exercise of its option to purchase the Equipment,
Current Projects will advise the Customer of the purchase
price for the Equipment and if the Customer proceeds to
purchase the Equipment, the then General Terms and
Conditions of Sale 1.1 of Current Projects shall apply to the
sale of the Equipment.
2.4 If the equipment is returned to Current Projects before the
expiration of the rental period specified in the Rental Agreement
then Current Projects, at its sole discretion, may increase the
monthly rental fee to recover the full rental amount calculated
for the original Rental Agreement for the period the Equipment
was retained by the Customer and that increased rental fee
may apply to the entire rental period the Equipment was with
the Customer including for periods previously invoiced.
3 DEBIT AUTHORITY
When the Customer has given a credit card or account debit
authority, Current Projects are hereby authorised to debit all fees and
charges payable under this agreement to the Customer's card or
account, whether owing now or in the future.
4 OTHER CHARGES
The Customer shall be responsible for the payment of all costs,
taxes, charges, imposts and expenses which arise or are incurred
by virtue of this rental including:
4.1 Any Stamp Duty or like or similar duty applicable to rental
transactions or rental business.
4.2 Any Goods or Services Tax or taxes in the manner or nature of a
Goods and Services Tax.
4.3 Any Value Added Tax or a tax in the manner or nature of a
Value Added Tax.
4.4 Any Sales Tax or tax of a similar manner or nature.
4.5 Any Rental Tax or tax on rentals.
4.6 Any customs duties and tariffs. If any of the above taxes or
duties apply in the country of rental then such applicable tax
and/or duty will be paid by the Customer in addition to the rental
fee. In certain instances equipment may need to be sourced
from outside of the country of rental. In those circumstances
Current Projects reserves the rights to adjust any rental fee if
there is any adverse currency fluctuation between the country
of rental and the country of source. The Customer indemnifies
Current Projects in respect of any claims for such costs,
charges, imposts and expenses applied or incurred.
5 PAYMENT
Payment terms are strictly seven (7) days from date of invoice unless
otherwise stated in the Rental Agreement.
6 OVERDUE PAYMENTS
If any amount is due and unpaid, the Customer agrees to pay interest
on the overdue amount at the rate of 7% higher than the Reserve
Bank of Australia’s 90 day bill rate calculated daily until payment in full
is received and the Equipment has been returned. The Customer is
liable for all additional costs Current Projects may incur, including
legal, administrative and collection costs to recover unpaid amounts.
7 DELIVERY AND RETURN OF EQUIPMENT
Delivery of Equipment to the Customer shall take place at the
premises as set forth in the Rental Agreement at the expense and risk
of the Customer. Return of the Equipment by the Customer is solely at
the Customer’s expense and risk, even if arranged by Current
Projects, and shall be to the premises of Current Projects from where
the Equipment was dispatched. The Customer agrees to not ship the
Equipment by post.
8 CUSTOMER'S COVENANTS
The Customer agrees with Current Projects that:
8.1 it will not remove any sticker or other identification from the
Equipment giving notice of Current Projects ownership of the
Equipment;
8.2 it has no right, title, estate or interest in the Equipment
8.3 the Customer shall not sell, transfer, assign, underlet, lend,
charge, pledge or part with possession of the Equipment;
8.4 purport to grant any encumbrance over or in connection with the
Equipment or otherwise purport to offer or use the Equipment as
security. For the purpose of these Conditions, encumbrance
means any mortgage, lien, charge, bill of sale, option, title
retention, pledge, claim, restriction, condition, overriding interest,
security interest pursuant to the Personal Property Securities Act
2009 (Cth) (“PPSA”) or other encumbrance.
8.5 the Customer shall keep the Equipment at the delivery address
specified in the Rental Agreement unless prior written permission
has been obtained from Current Projects to relocate the
Equipment elsewhere;
8.6 the Customer shall use the Equipment in a careful and proper
manner and not interfere or tamper with or let anyone else do so;
8.7 the Customer shall notify Current Projects immediately if any
judgment or order is levied against the Customer or property of
the Customer or if a petition is presented for the liquidation of
the Customer or an Administrator or Receiver is appointed or a
scheme of arrangement is proposed;
8.8 the Customer shall permit Current Projects its agents or
servants to enter the premises where Equipment is located at
all reasonable times in order to inspect the Equipment or carry
out repairs to the Equipment;
8.9 the Customer requires and will utilise the Equipment for its
business purposes;
8.10 the Customer shall keep the Equipment in a safe and proper
location;
8.11 the Customer shall not alter or modify the Equipment without the
prior written consent from Current Projects;
8.12 the Equipment shall at all times, whilst in the care, custody or
control of the Customer, be at the risk of the Customer;
8.13 The Customer accepts full responsibility for all Equipment
rented, including its use in accordance with any
manufacturer or Current Projects operating instructions
provided or Government Regulations. Where the
Customer is using communications frequencies that are
licensed or arranged by Current Projects these
frequencies are for use only on the dates, at the places
and during the times expressed on the Rental Agreement.
Use of the frequencies outside the dates, places and
times indicated may result in fines from relevant licensing
authorities which are all payable by the Customer;
8.14 The Customer will comply with all State, Territory and Federal
Laws in respect of the Equipment; and
8.15 The Equipment will not have any information contained in or
associated with it which would, if received by Current Projects or
any other person, be in breach of State, Territory or Federal
privacy laws when it has been returned.
8.16 The Customer may not ‘on- hire’ the Equipment unless it
receives the prior written consent of Current Projects. Current
Projects’ consent may be withheld in its absolute discretion.
8.17 If Current Projects provides its consent pursuant to clause
8.16, it
may require the Customer to register a security interest in
relation to the Equipment on the PPSR.
8.18 Notwithstanding any other provisions of the Rental Documents,
the parties agree that the Customer is liable to Current Projects
for any loss, including loss of the Equipment, where that loss
has arisen as a direct or indirect result of the Customer ‘onhiring’
or not registering or perfecting a security interest
pursuant to the PPSA.
9 WARRANTY
Current Projects warrants that the Equipment is of merchantable
quality. Other than expressly provided for in the Rental Document the
Customer acknowledges that it has not relied upon any statement or
representation by Current Projects in respect of the Equipment or the
use of the Equipment by the Customer irrespective of whether or not
the Customer’s purpose for the use of the Equipment is known to
Current Projects the Customer acknowledges that under no
circumstances is Current Projects responsible or liable for any failure
or unsuitability of the Equipment to perform the purpose required by
the Customer.
10 MAINTENANCE
Current Projects shall at its expense, when it deems necessary,
provide maintenance and recalibration for the Equipment and shall
use its best endeavours to expeditiously repair or replace Equipment
which may become defective during the rental period through no fault
of the Customer. If the Equipment does not operate properly the
Customer shall notify Current Projects and request instructions
before taking any action. The responsibility for advising Current
Projects of any need for recalibration rests with the Customer.
Current Projects may at its sole and absolute discretion and for such
length of time as it deems expedient replace the Equipment with
another of such type or model as shall for the time being be available
and the Equipment so substituted shall be subject to these
Conditions. |
11 EARLY CESSATION
Notwithstanding the rental period, Current Projects expressly
reserves to itself the right to require early cessation which may be
exercised on demand and at the absolute discretion of Current
Projects. If Current Projects so demands the Customer shall forthwith
return the Equipment to Current Projects. The applicable rental fee
shall be adjusted and payable at the daily rate on the Rental
Agreement for the period between the Rent Start Date and the date
the Equipment, complete with accessories and undamaged, is
returned to Current Projects.
12 SAFEKEEPING
The Customer is responsible for the safekeeping of the Equipment and
shall bear the risk of any loss, theft, damage or destruction of Equipment
and if the Equipment shall require repair, recalibration or replacement as
a result of the Customer’s use, the Customer shall bear the total cost of
any such repair, recalibration or replacement including any freight
charges there occasioned. Any repairs carried out by Current Projects
will be charged at our normal hourly rates. The Customer shall pay to
Current Projects the total new replacement cost as assessed by Current
Projects of the Equipment which is lost, stolen, destroyed or damaged
beyond repair. The Customer shall pay to Current Projects a reasonable
calibration and refurbishing fee in the event that ownership labels,
calibration seals or anti-tamper notices affixed to Equipment are
removed or defaced. Any item, article, accessory, document or thing
supplied in conjunction with the Equipment (including operation
manuals) not returned or are returned in damaged condition to Current
Projects upon cessation of the rental period shall be paid for by the
Customer with a fee determined by Current Projects being charged to
the account of the Customer. In respect of damage or loss of
Equipment, or failure to return all of the Equipment (including all
accessories), the rental period shall continue, and the Customer shall
continue to pay rental until the Equipment has been repaired and
returned (including all accessories) to Current Projects, or the
replacement cost of new Equipment or accessories has been paid by
the Customer. The Customer indemnifies Current Projects for all loss or
damage suffered as a consequence of such damage or loss to, or failure
to return, the Equipment and accessories.
13 CUSTOMER DEFAULT, TERMINATION & REPOSSESION
13.1 If the Customer is in breach of the Rental Agreement, Current
Projects shall be entitled to treat the Rental Document as
breached and repudiated by the Customer and with or without
notice accept the repudiation and terminate the Rental
Agreement whereupon the Customer shall immediately, at its
own cost and expense, return the Equipment to Current Projects
and failing such return Current Projects may repossess the
Equipment and charge the Customer for all of its costs and
expenses incurred in doing so. Any such termination shall not
prejudice any right to recover any unpaid rental and the rights
and obligations under clause 12. Further, Current Projects shall
be entitled to recover all damages including any consequential
damages incurred.
13.2 Where the Rental Documents are terminated under clause
13.1, the Customer consents to Current Projects its servants
and agents entering its premises, or any other premises
where the Equipment is located, using such force as is
necessary to repossess the Equipment. The Customer must
provide Current Projects with all reasonable assistance in
order to locate and collect the Equipment. If the Equipment is
not available for collection at the nominated time and or place
the Customer will be liable for any additional costs Current
Projects incur. Current Projects will not be liable for any
damage to property caused by any person in collecting the
Equipment.
14 INDEMNITY
The Customer agrees to indemnify Current Projects and be
responsible for all costs, liability, damage, loss, claim or charges and
other liabilities incurred by Current Projects as a result of the
Customer’s breach of the Rental Documents or as a result of Current
Projects enforcement of the Rental Documents or arising out of or in
any way connected with the use of the Equipment.
15 SEPARATE ITEMS OF EQUIPMENT
Where more than one item of Equipment is supplied under the Rental
Documents, in interpreting the Rental Documents, the singular shall be
read as the plural where appropriate and the rental shall be
apportioned to each item of Equipment as set forth in the Rental
Agreement and these Conditions herein set forth shall apply
separately to each individual item of Equipment as though each item of
Equipment was subject to separate Rental Agreement.
16 LIABILITY
16.1 Subject to clause 9, to the maximum extent permitted by law,
Current Projects makes no warranties or representation and the
Customer releases Current Projects from all liability for any
loss, claim, damage or injury suffered in connection with the
supply of the Equipment.
16.2 Current Projects liability to the Customer in respect of any nonexcludable
warranty or condition shall be limited to the
maximum extent possible to:
in the case of the Equipment supplied by Current Projects, either
of the following (as Current Projects may decide):
(a) the replacement of the Equipment or the supply of equivalent
Equipment;
(b) the repair of the Equipment;
(c) the payment of the cost of replacing the Equipment or of
acquiring equivalent Equipment; or
(d) the payment of the cost of having the Equipment repaired;
and
in the case of any services provided by Current Projects, either of
the following (as Current Projects may decide):
(e) the supply of the services again; or
(f) the payment of having the services supplied again.
16.3 Subject to clause 9, all express and implied warranties,
guarantees and conditions under statute, general law or trade
usage, as to merchantability, description, quality, suitability or
fitness of the Equipment for any purpose, or as to design,
assembly, installation, materials, workmanship or otherwise are
expressly excluded.
16.4 Subject to any non-excludable warranty or condition and to the
maximum extent permitted by law, Current Projects maximum
aggregate liability for all claims relating to the Rental Documents
or their subject matter, whether in contract, tort (including
negligence), in equity, under statute, under an indemnity, based
on fundamental breach or breach of a fundamental term or on
any other basis, is limited to an amount equal to the rental fees
paid by the Customer under the Rental Documents.
16.5 Current Projects shall not be liable to the Customer in any
circumstances for indirect, economic or consequential loss
suffered by the Customer
17 PROPERTY
Subject to this paragraph, title in the property in the Equipment shall
not pass to the Customer. Where the Customer has selected a rent to
purchase option, title in the Equipment shall not pass to the Customer
until and unless all monies owing including rental and purchase price
have been received by Current Projects and the payments received
shall be applied first in reduction of any outstanding rental and interest
and second on account of the purchase price.
18 SECURITY INTEREST
18.1 Expressions used in this clause18 and in the PPSA have the same
meanings as when used in the PPSA.
18.2 If Current Projects already has a prior registered security
interest in the Equipment supplied or rented/leased, that
security interest continues in this Equipment. The Customer
acknowledges that this Agreement may be a PPS Lease and
create a security interest in favour of Current Projects for the
purposes of the PPSA, and:
(a) Current Projects may register this security interest with the
Registrar of Personal Property Securities pursuant to the
PPSA in order to perfect its security interest;
(b) the Customer agrees the security interest granted to
Current Projects pursuant to this Agreement is also a
purchase money security interest for the purpose of the
PPSA;
(c) if requested, the Customer must pay or reimburse the costs
of registering the security interest, and provide Current
Projects with all assistance reasonably required in order
for Current Projects to register the security interest; and
(d) for the purpose of section 115 of the PPSA, the following
sections of the Act do not apply to this Agreement: sections
95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and 135.
18.3 The Customer authorises Current Projects to search the
Personal Property Securities Register at any time for any
information about the Customer.
18.4 The Customer waives its right to receive a copy of the
verification statement confirming registration of a financing
statement or financing change statement relating to any
security interest granted under this Agreement in relation to
commercial property.
19 INTELLECTUAL PROPERTY RIGHTS
All rights pertaining to industrial or intellectual property including but
not limited to copyrights, patents and trademarks are expressly
reserved. The Customer shall not make any copies or authorise any
copying of anything supplied such as software programs and
operating manuals except with the prior written authority of Current
Projects and the owner/licensor and in accordance with the license
terms as applicable. All copies must be delivered up with the
Equipment.
20 CONSUMABLES
Current Projects is entitled to separately charge for consumables
including but not limited to pens, paper, toner cartridges, drum
developer, fuser, ink jet cartridges, ribbons and cabling supplied by
Current Projects for the operation of the Equipment.
21 DAMAGE WAIVER
21.1 Current Projects has available and may offer at its discretion an
optional rental equipment damage waiver facility (“Waiver”) for
certain items of equipment.
The Waiver limits the Customer’s liability for specific types of
loss and damage to the Equipment.
21.2 The Waiver is not available for, and the Customer will be entirely
responsible for, the return of all accessories and manuals in good
order and condition.
21.3 If the Customer seeks the Waiver and it is available, the rental
rate will be increased by a fee (“Waiver Fee”).
21.4 If the Waiver Fee has been paid by the Customer, Current Projects
waives its rights against the Customer for loss and damage to the
Equipment if:
(a) the Customer notifies Current Projects of the loss or
damage within 2 business days;
(b) the Customer pays to Current Projects an amount calculated
by multiplying the daily rental rate by 30 (“Waiver Excess”)
within 7 days of the date of invoice;
(c) the loss or damage is not due to circumstances set out in
clause 21.5.
21.5 The Waiver does not cover loss or damage to the Equipment in the
following circumstances:
(a) the theft of the Equipment;
or
(b) misuse or use contrary to Current Projects’ or the
manufacturer’s instructions; or
(c) malice or any deliberate act; or
(d) negligent acts or omissions or want of care; or
(e) an act or omission by any person who is not the Customer
or in the Customer's direct employ; or
(f) damage by any cause at or from a place which has not been
approved as a rental location;
(g) the Customer breaches any item or condition of the Rental
Documents; or
(h) is caused by vandalism;
(i) is caused by the overloading of the Equipment.
21.6 The Waiver option does not apply to any item comprising the
Equipment which is noted as being excluded on the
accessory list provided with the Equipment. The cost for
repair or replacement of these items of the Equipment will be
invoiced to and payable by the Customer.
22 SUNDRY
22.1 The Rental Agreement constitutes the entire agreement between
Current Projects and Customer with respect to the Equipment
and shall not be amended except in writing by Current Projects.
The Rental Documents shall be governed in all respects by the
laws of Victoria and the jurisdiction of Victoria shall apply to any
dispute arising out of the Rental Documents. To the extent of
any inconsistency between the Rental Agreement and these
Conditions the Rental Agreement prevails.
22.2 Current Projects may amend the Conditions by providing written
notice to the Customer and the amended Conditions are
deemed to be accepted by the Customer if the Customer
continues to use the Equipment after receipt of the amended
Conditions. |
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