These Terms & Conditions are for information only. Individual Corporate Rentals outlets' terms may vary.

You (the Rentee) declare that the Rental Agreement to which these Terms and Conditions apply relate to the provision of goods solely or predominantly for business or investment purposes.  You should not sign the Rental Agreement unless it is entered into wholly o predominantly for business or investment purposes.  By signing this agreement you may lose your protection under the consumer credit code.

1. Rental Agreement. This is an agreement between you (the Rentee) who has requested that we rent to you the goods (Rented Property), and Corporate Rentals (the Rentor) who has agreed to rent the goods to you on the terms and conditions set out in this agreement (Rental Agreement).
2. Payment Terms. The Rentee shall pay the rent monthly in advance by direct debit for the full term of this Rental Agreement (Rental Term). Delivery/pickup, installation, consumables and software loading, if required, are extra to rental charges and are payable in advance as agreed. Payment is to be made on or before collection or delivery of the Rented Property for the first invoice associated with this Rental Agreement and monthly in advance by direct debit thereafter.  Payments are not refundable under any circumstances. The Rentee agrees to pay all amounts due within or in accordance with the payment terms.
3. Default and Remedies
a) The Rentee agrees and acknowledges that the following terms are essential terms of this Rental Agreement and that any breach of the following terms shall be considered to be a material breach of this Rental Agreement giving rise to a right on the part of the Rentor to, at its option, terminate this Rental Agreement immediately upon notice to the Rentee:
i) If the Rentee fails to make the initial payment, any direct debit payment or any other payment due in accordance with the times specified in this Rental Agreement;
ii) If the Rentee fails to keep the Rented Property insured;
iii) If the Rentee attempts to or does encumber, dispose of or sell the Rented Property; or
iv) If the Rentee becomes insolvent, bankrupt or becomes subject to an arrangement or composition, or as a business it is liquidated, enters receivership or has an external administrator appointed.
b) In the event the Rentor terminates this Rental Agreement in accordance with paragraph a), or if the Rentee terminates this Rental Agreement prior to the expiry of the Rental Term (other than by reason of a material breach by the Rentor), the Rentee acknowledges and agrees that the Rentee will pay to the Rentor:
i) all costs incurred by the Rentor in recovering the Rented Property;
ii) liquidated damages equal to the present value of the remaining monthly rental payments for the balance of the Rental Term discounted at the "Indicator Lending Rates – Bank" variable housing loans interest rate last published by the Reserve Bank of Australia;
ii) interest on all amounts payable to the Rentor (including payments due under this clause) at a rate of 18% per annum (1.5% accumulated monthly) calculated from the date of invoice until paid in full.  Additionally the Rentee agrees to pay an administrative “late payment fee” equal to the greater of 10% of the overdue amount and $25 with the next monthly payment;
iii) all costs incurred by the Rentor in the recovery of all amounts payable to the Rentor (including payments due under this clause) including all legal costs on a solicitor/client basis; and
iv) the retail replacement costs of a current model new item of the same brand or similar quality brand available of any Rented Property not returned to the Rentor.
c) In the event the equipment is not returned in accordance with this Rental Agreement, the Rentor or its agent may enter the Rentee’s premises and repossess the Rented Property.

4. Change of Address. The Rentee must keep the Rented Property (other than notebook computers and similar portable equipment) at the address specified in this Rental Agreement.  The Rentee will notify the Rentor without delay of any change of address or telephone number during the period of this Rental Agreement.  The Rentor is permitted to enter the premises where the Rented Property is located in order to confirm the existence, condition and correct maintenance of the Rented Property.
5. Ownership of Rented Property.  The Rentor owns the Rented Property.  The Rented Property include all items that are the subject of this Rental Agreement including but not limited to all equipment, software, leasehold improvements, furniture and services.  The Rentee is only entitled to use the Rented Property and must protect the Rentor’s ownership rights.  The Rentee must not sell or attempt to sell, hire or deal with the Rented Property in any way other than to use it.
6. 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.
7. 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) must be repaired by 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 end of the term of this Rental Agreement and 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.
8. Insurance. The Rentee will (unless it has taken out Loss and Damage waiver cover with the Rentor) insure and maintain a policy of insurance in relation to the Rented Property during the Rental Period or any extensions thereof, to cover all loss and all other normally insured risks (including those referred to clauses 5 & 6 of these conditions). The Rentee must ensure that the Rentor is named as an additional insured party, and on request, produce evidence to the Rentor of the currency of the policy of insurance and the Rentee's compliance with this clause. In the event the Rentee receives payment of any amounts from the insurer under this policy of insurance, the Rentee agrees to hold these moneys on trust for the Rentor and immediately following receipt pay to the Rentor all moneys received.
9. 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.
10. Limitation of Liability. To the extent permitted by law, the Rentor gives no warranty with respect to suitability, quality or condition of the Rented Property and 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, to the extent permitted by law, is limited to repair and replacement of the Rented Property with no consequential damages liability.  It is the sole responsibility of the Rentee to ensure that the Rented Property is in good operating order upon receipt and their suitability for any planned use.
11. Equipment Malfunctions.  Should the Rented Property malfunction during its warranty period the Rentee shall make a claim direct from the manufacturer in accordance with the warranty conditions. In the event the Rented Property malfunctions outside its warranty period the Rentee shall be liable to effect the repairs at their cost.
12. 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.
13. Taxes and Government Charges. The parties agree and acknowledge that the rental charges under this Rental Agreement shall be exclusive of goods and services tax (GST) and all other taxes (except State Government Rental Tax). In relation to any GST, the Rentor may increase the consideration payable under this Rental Agreement by the amount of GST. If the Rentee is required to pay stamp duty, and other taxes relating to this Rental Agreement or if the rate of any applicable tax or government charge change then the Rentor may also adjust the rental charges to include such taxes, changes or new taxes, or government charges.
14. Software. 
14.1 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 back-up copies at the completion of the Rental Period or any extension thereof.
14.2 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 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.

15. Microsoft End User License Agreement.  The Rentee hereby acknowledges that its use of the Microsoft Products accompanying the Rented Property is governed by the applicable Microsoft End User License Agreement attached hereto.
16. Identification. The Rentee undertakes not to remove or permit the Rentor’s identification badges and marks to be removed from the Rented Property.
17. Loss & Damage Waiver. The Rentor’s Loss & Damage Waiver policy covers loss or damage as a result of physical and external means.  This Loss & Damage Waiver policy is subject to: a) The Rentee immediately notifying the Rentor of any damage or loss. In the event of theft the police must be notified within 24 hours and a copy of the police report submitted to the Rentor, b) the Rentee submits a written statement (“Loss & Damage Waiver Report”) detailing the loss or damage sustained, how it arose and what action was taken to minimise the loss or damage, c) The Rentee pays a processing fee when submitting the Loss & Damage Waiver Report. This fee is $1,000.00 per item for Data Projectors, Plasma Screens or international travel, or $500.00 per item for other Rented Property. The Rentee accepts and agrees that the Loss and Damage Waiver Policy set out herein only covers losses detailed above and any other loss including but without limitation any personal injury or any consequential loss either directly or indirectly as a result of damage to or loss of the covered items shall be excluded and specifically agrees that the following exclusions to a successful claim on the Loss & Damage Waiver apply: a) Any Item being dropped overboard on inland or coastal waters, b) Theft without forced or violent entry, c) Theft by the Rentee, its agents or employees or while not in their direct control, d) Misuse or abuse of item(s) e) Any acts of negligence, malice, lack of care or any deliberate act(s) causing loss or damage.
18. Service Option
The Rentor’s service option, if accepted by the Rentee, entitles the Rentee to half an hour free service per month per machine.  The time for the half an hour is calculated from when its technician leaves the Rentor’s premises until when he returns.  The Rentor shall charge the Rentee its going rate for any labour in excess of half an hour at its standard rate at the time which in any event shall not be less than $45 per half hour or part thereof.  By selecting the Service Option the Rentee undertakes to pay the monthly service option fee per item listed in the Rental Agreement for the duration of the Rental Term.
19. Upgrade Option
The Rentor’s upgrade option, if accepted by the Rentee, entitles the Rentee at any time after the first year of rental, to upgrade without an additional charge, subject to the Rentee not being in breach and not having breached at any stage the Rental Agreement to the date of upgrade.  On upgrading, the Rentee shall return the rented item and rent in its place a superior similar product that has a first year rental rate equal to or greater than the monthly rate charged during the first year of the rented item being upgraded.
20. End of the Rental Term. a) If at the end of the Rental Term, the Rented Property is not returned to the Rentor then this Rental Agreement shall continue on a month by month basis on the same terms and conditions terminable at will by Rentor. The Rentee shall pay the Rentor one month’s rent in advance for each month or part thereof that the equipment is retained passed the end of the original Rental Period. The Rentee agrees and acknowledges that the Rentee will be deemed to rent the Rented Property until the Rented Property is returned, or the Rentor has arranged for the recovery of the Rented Property at the Rentee's cost.
b) Unless otherwise agreed, at the end of the Rental Term the Rentee must give the Rentor thirty days written notice of its intention to return the Rented Property and following such written notification it will return the Rented Property to the Rentor’s address or at the Rentor’s discretion, an alternative address nominated by the Rentor in the same condition as when received by the Rentee (except for normal wear and tear) together with all accessories and manuals at the completion or termination of the Rental Agreement. Any costs of return are to be born by the Rentee.  It is the Rentee’s sole responsibility to remove all electronically stored information on the Rented Property and the Rentor expressly denies any liability arising from the Rentee’s failure to do so.  If the completion date falls on a weekend or public holiday then the Rented Property must be returned by 5.00pm on the last working day prior to the completion date. (Office hours are 8.30am to 5.00pm Monday to Friday).  The Rentee is unconditionally bound to pay all rent and other amounts for the full duration of the rental term irrespective of whether the Rented Property is defective, damaged ,destroyed, lost, stolen, cannot be used for whatever reason or is no longer required by the Rentee.
21. Entire Agreement. This Rental Agreement, the signature page, and any terms and conditions relating to the direct debit authority of the Rentee constitute the entire agreement between the parties in relation to the rental of the Rented Property.
22. Corrections.  The Rentee hereby authorises the Rentor to correct error and complete blanks (including filling in the Rentee’s name and address, model details, serial numbers, the start date, completion date, payment amount and date and contract number).  The Rentor undertakes to advise the Rentee of any such insertions or corrections.
23. Assignments. The Rentee acknowledges and agrees that the Rentor may without notice to the Rentee, sell, assign or otherwise dispose of or deal with its interests in the Rented Property or this Rental Agreement and disclose information about the Rentee (subject to privacy laws) for these purposes. The Rentee may not assign its interest in this Rental Agreement.
24. Cancellation of orders.  If cancellation occurs between execution hereof and the delivery date, the Rentee shall incur a cancellation charge equal to half the Rental Charges over the full term payable within seven (7) days of cancellation.
25. Notices. Notices are deemed delivered to the Rentee in the event they are delivered to the Rentee in person, or sent by post, facsimile or email to the Rentee’s business, home or postal address last known to the Rentor.  Changes to the Rentee’s bank account details, business, postal or email address must be advised to the Rentor.
26. Privacy. The Rentor will comply with it’s privacy policy in respect of any personal information the Rentee provides to the Rentor.  A copy of the Privacy Policy can be obtained at www.CorporateRentals.wmn.cc. If the personal information requested by the Rentor is not submitted, the appropriate services may not be provided.  Your proceeding to deal with the Rentor is confirmation of your acceptance of the Privacy Policy.
27. 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 Corporate Rentals 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.
28. Governing Law. This Rental Agreement shall become valid when executed and accepted by the Rentor and it shall be governed and construed under and in accordance with the laws of Western Australia.  The parties hereto submit to the non-exclusive jurisdiction of the West Australian Courts.
29. Severance. If any condition covenant or stipulation of this Rental Agreement or the application thereof to any person or circumstance shall be or become invalid or unenforceable, the remaining covenants conditions and stipulations shall not be affected thereby and each covenant condition and stipulation of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.

In the event the Consumer Credit Code applies to this Rental Agreement, to the extent that any clauses of this Rental Agreement are inconsistent with it as it applies to this Rental Agreement, the provision of the Consumer Credit Code will prevail over any clauses in this Rental Agreement.

RENTAL SUBLICENSEE AGREEMENT

THIS COMPUTER SYSTEM CONTAINS ONE OR MORE MICROSOFT PRODUCTS WHICH ARE LICENSED TO CORPORATE RENTALS.  AS A SUBLICENSEE OF  CORPORATE RENTALS YOU ARE BOUND BY THE TERMS OF THIS RENTAL SUBLICENSEE LICENSE AGREEMENT.

Microsoft Products:
Windows Operating System and/or
Windows Operating System with Office
 
Microsoft License Agreement for End Users using a Microsoft Product on a Rental Computer
 
Microsoft Operations Pte Ltd has licensed the software listed above to Corporate Rentals and Corporate Rentals licensed the use of this software to you on the terms below. You will not be able to use this Microsoft software unless you agree to the following terms:
 
MICROSOFT SOFTWARE LICENSE

1.    GRANT OF LICENSE.  This Microsoft License Agreement (“License”) permits you to use one copy of the specified version of the Microsoft software product(s) identified above (“SOFTWARE”) on the Rental Computer, provided the SOFTWARE is in use on only one computer at any time during the period you are a Rental customer.  The SOFTWARE is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD ROM, or other storage device) of that computer. COPYRIGHT.  The SOFTWARE is owned by Microsoft or its suppliers and is protected by United States copyright laws and international treaty provisions.  Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). You may not copy the software or written materials accompanying the SOFTWARE.
2.    OTHER RESTRICTIONS.  This Microsoft License Agreement is your proof of license to exercise the rights granted erein .You may not rent or lease, lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE or otherwise transfer your rights hereunder. You may not reverse engineer, decompile, or disassemble the SOFTWARE except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
3.    PRODUCT SUPPORT.  Any product support for the SOFTWARE is provided to you by Corporate Rentals and is not provided by Microsoft or its affiliates or subsidiaries.
4.    NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT.  Any warranties, liability for damages and remedies, if any, are provided solely by Corporate Rentals and not by Microsoft or its affiliates or subsidiaries.
5.    NOT FAULT TOLERANT.  The SOFTWARE may contain technology that is not fault tolerant and is not Designed, manufactured, or intended for use in environments or applications in which the failure of the SOFTWARE could lead to death, personal injury, or severe physical, property or environmental damage.
6.    LIABILITY FOR BREACH.  In addition to any liability you may have to Corporate Rentals you agree that you will also legally responsible directly to Microsoft for any breach of the terms and conditions.
 

I …………………………………… hereby acknowledge on behalf of …………………………………… that I have read, understood and accept the Corporate Rentals terms and conditions which shall apply to all existing and future rental agreements.

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