Rent to buy terms and conditions |
These Terms & Conditions are for information only.
Individual Corporate Rentals outlets' terms may vary.
12 Month Rent with Option to Buy Agreement Terms and
Conditions.
Retail Value of Equipment………………
1. 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. 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
5.30pm Monday to Friday)
b) The Rentee shall have the option to
purchase the rented items at the end of the term for a price equal to 25%
of the retail price of the equipment subject to the Rentee notifying the
Rentor in writing of his intention to exercise the option and making
payment in full of the purchase price and the twelfth month’s rent during
the eleventh month of the rental term. If the option to purchase is
not exercised the Rentee may continue renting the equipment at a monthly
rate equal to 50% of the initial monthly rental rate or he may return the
equipment to the Rentor.
c) If the Rented Property is not returned to
the Rentor by the end of the Rental Period then the rental term extends,
at the Rentor’s discretion, on a month by month basis with rent payments
due on or before the first day of each month. 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 by direct debit into the Rentor’s bank account.
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 with all further payments made monthly in advance by direct
debit into the rentor’s bank account. The Rentee agrees to pay all
invoices within or in accordance with the payment terms.
Should the
Rentee fail to pay by direct debit within or in accordance with the
specified time then the Rentor reserves the rights to:-
i) cancel the
Rental Agreement without notice and recover the Rented Property at cost to
the Rentee.
ii) 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.
iii) charge the Rentee for any costs incurred in the
recovery of any debts including all legal costs on a solicitor/client
basis.
iv) charge the Rentee 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.
Furthermore the Rentee
agrees to pay these charges and accepts these terms and to allow entry by
the Rentor or his agents to the premises where the Rented Property is
present should the Rentor wish to recover it.
3. Change of
Address. The Rentee will notify the Rentor without delay of any
change of address or telephone number during the period of this Rental
Agreement.
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, and the Rentor’s Loss & Damage Waiver option
has not been purchased or in the case that the Rentor’s Loss & Damage
Waiver option has been purchased and the circumstances surrounding the
loss or theft is subsequently deemed by the Rentor to be excluded, 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. 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.
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 back-up copies at the completion of the Rental Period or
any extension thereof.
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. 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.
14. 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 extent permitted by
law.
15. Cancellation of orders. If cancellation
occurs after an order is placed the Rentee shall incur a cancellation
charge equal to half 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.
Privacy. The Rentor will comply with its 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 provided, the
appropriate services may not be provided. Your proceeding to deal
with the Rentor is confirmation of your acceptance of the Privacy
Policy.
17. 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.
18.
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.
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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Signature
Date
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