RENTAL AGREEMENT – TERMS AND CONDITIONS
Version 1: Modified 15/03/2018
- The offer made herein by the Renter shall be deemed to have been accepted by Farthing Acre Pty Ltd as trustee for the Synnott Scott Unit Trust, trading as Brisbane Appliance Rentals (the Company) upon the installation or delivery of the goods described in the Schedule (the Goods) in or to the premises described in the Schedule (the Premises). Notwithstanding acceptance of the offer by the Company by installation or delivery of the Goods as aforesaid, the Company may at any time within one calendar month from the date of signing of the offer by the Renter, without notice and without being bound to give any explanation, rescind this agreement and take possession of the Goods, upon repayment to the Renter of all moneys (if any) paid in advance by the Renter.
- The Renter shall rent the Goods and pay the rental instalments set out in the Schedule until such time as this agreement is terminated by either party giving the other not less than one months’ written notice. .
- The Company may terminate this agreement forthwith by notice in writing to the Renter upon any breach of this agreement by the Renter, or if the Renter shall become bankrupt or assign his estate for the benefit of his creditors or shall suffer execution upon any of his goods or shall become of unsound mind. If, on the termination of the renting, the Renter fails to deliver the Goods to the Company or as it shall direct, the Renter shall on demand pay the Company all costs, expenses and charges (legal or otherwise) sustained or incurred by the Company in recovering possession thereof and/or in recovering any amount to which it shall be entitled hereunder.
- The Renter hereby acknowledges the Companyʼs legal title to the Goods and the Companyʼs right to immediate possession thereof upon termination of the renting or of this agreement. Nothing herein contained shall be construed as an offer by the Company to sell the Goods to the Renter or the grant of an option to the Renter to purchase the Goods. The Renter acknowledges the Company’s right to, and agrees to provide all assistance as is requested to enable the Company to, register the Company’s interest in the Goods on the Personal Property and Securities Register.
- The Goods shall not be removed from the Premises unless the Company shall first have consented in writing to such removal.
- The Company undertakes to keep the Goods serviced and replace any parts which are faulty due to fair wear and tear.
- The Renter shall keep the Goods in good order and condition and shall indemnify the Company against any loss or destruction to the Goods or damage thereto arising during the term of this agreement from any cause whatsoever (fair wear and tear only excepted).
- The Company may in its discretion, at any time and from time to time, substitute for the Goods any other goods of the same nature as those described in the Schedule but of such a type or model as shall, for the time being, be available, and the goods substituted shall for all purposes be deemed to be the Goods described in the Schedule and to be subject to the terms and conditions hereof.
- The Renter shall not create or permit to be created any charge, lien or security interest upon the Goods nor allow the same to go out of his/her personal control and shall notify the Company immediately of any seizure or attempted seizure thereof.
- The Renter permits any person authorised by the Company to inspect, test and remove the Goods and enter any premises where the Goods may be upon 24 hours’ prior notice.
- All payments by the Renter shall be made as directed by the Company and to such person or place as the Company directs.
- All rental instalments are payable in advance on or before the due date described in the Schedule. If the Renter fails to pay a rental instalment on or before the due date without the prior written consent of the Company, the Renter shall pay to the Company interest at the rate of 5% per annum on all overdue rental instalments calculated from the due date for payment to the date of receipt of the outstanding amount by the Company. This clause operates without prejudice to any other rights that the Company may have available to it.
- It is acknowledged and agreed by the Renter that the rate of rental has been calculated on the basis that the Company is not liable to pay in respect of the Goods any license fees, taxes, surtaxes, imposts, charges and/or levies to governments or governmental or semi-governmental instrumentalities. To the maximum extent permissible by law, the Renter agrees that he/she will pay by way of additional or increased rent an amount equivalent to any additional or other monies paid or payable from time to time by the Company in respect of any liability imposed on the Company under or by virtue of its ownership of the Goods or by virtue of this agreement notwithstanding any statute, amendment, ordinance, proclamation, order, regulation, Ministerial direction, moratorium or the like at any future date directly or indirectly imposes such liability on the Company. Notwithstanding the foregoing, it is acknowledged and agreed that the Company shall be responsible for the payment of goods and services tax (if any) assessed on the hire of the Goods.
- Any indulgence by the Company shall not prejudice its rights hereunder and any waiver by the Company of any particular breach of this agreement by the Renter shall not be deemed as sanction or a waiver of any continuing or recurring breach and any determination of this agreement, or any termination of the renting, shall not affect any right of the Company to recover monies then due by the Renter hereunder or damages for any breach of this agreement.
- The conditions set out on this and the preceding page constitute the whole agreement made between the Renter and the Company. The terms of this agreement shall only be varied by written agreement signed by both the Company and the Renter.
- In this agreement singular words shall include plural words, words importing persons shall apply to corporations, masculine gender shall include the feminine and neuter genders, and two or more Renters hereunder shall be bound jointly and severally.
- The Company reserves the right at any time to assign the benefit of this agreement to any other company, entity or person.
- This agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.