Rental Terms & Conditions |
These Terms & Conditions are for information only. Individual Corporate Rentals outlets' terms may vary.
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) If the Rented Property
is not returned to the Rentor by the end of the Rental Period then a pro
rata daily charge will be made (based on 7 days for a weekly Rental
Agreement type and 30 days for a monthly Rental Agreement type) related to
the original terms and conditions. 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. Delivery/pickup, installation, consumables and software
loading, if require, are extra to rental charges and are payable in
advance as agreed. Payment is to be made on collection or delivery of the
Rented Property for the first invocie associated with thei Rental
Agreement and within 14 days for any subsequent invocies. The Rentee
agress to pay all invocies within or in accordance with the payment terms.
Should the Rentee fail to pay any invoice 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.
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 , 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 for
reasons other than misuse or accidental damage, then the Rentor will
repair the product at no charge to the Rentee (other than for freight if
the product is outside the Perth Metropolitan area defined for this
purpose as within 20 kilometers of the Perth GPO). If the Rented Property
is outside the Perth Metropolitan area and the Rentee chooses not to
return the Rented Property to the Rentor for repair then repair costs are
at the expense of the Rentee. In the case of malfunctions or damage caused
by accident or misuse the Rented property will be repaired by the Rentor
or its appointee and charged to the Rentee. In the event of
malfunction the Rentor reserves the right to replace the Rented Property
with an equivalent system.
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
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 extend permitted by
law.
15. Cancellation of orders. If cancellation
occurs within 48 hours of the delivery date, the Rentee shall incur a
cancellation charge equal to half the 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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