Terms & Conditions
This Lease Agreement is a “Consumer Lease”. The provisions of the National Credit Code apply to this Lease Agreement if, at the date You sign the Lease Agreement, You are an individual and the Goods are leased wholly or predominantly for personal or household purposes.
1. INFORMATION PROVIDED BY YOU TO US
You acknowledge that:
- (a) all financial information which You have provided to Us, and which We have used as the basis of making Our assessment, correctly and fully sets out Your current financial position; and
- (b) all of Your contact information which You have provided to Us is complete and current. You agree to notify Us of any changes to Your contact information within 7 days of the changes becoming effective.
2. ACKNOWLEDGEMENT OF RECEIPT OF DOCUMENTS
You acknowledge that, before signing this Lease Agreement, You have been supplied with the following documents:
- (a) Our Credit Guide;
- (b) Our Dispute Resolution and Complaints Handling Brochure;
- (c) Our Electronic Communications Consent;
- (d) the Form 17 Information Statement;
- (e) Our Direct Debit Agreement; and
- (f) Privacy Consent Form.
3. BASIS OF LEASE AGREEMENT
- (a) This Lease Agreement constitutes the entire agreement between You and Us and cannot be cancelled except in accordance with its terms.
- (b) This Lease Agreement is only accepted when We sign the Lease Agreement or provide You with the Goods.
- (c) We have agreed to lease to You the Goods on the terms and conditions of this Lease Agreement.
- (d) This Lease Agreement is a ’consumer lease’ as specified in section 169 of the Code.
- (e) The parties acknowledge that this Lease Agreement, and the rights and obligations of the parties, are to be read subject to the NCCP Act and the Code.
4. OWNERSHIP AND RISK
- (a) We are the owner of the Goods and You only have the right to use them. Title and property in the Goods remains vested in Us at all times.
- (b) Whilst You lease the Goods from Us, You must not:
- (i) sell, mortgage, sublet, lend, assign or otherwise part with possession of the Goods;
- (ii) grant any security over the Goods; or
- (iii) transfer (or attempt to transfer) ownership of the Goods from Us into Your own or someone else's name.
- (c) Subject to the Waiver Fee, the Goods will be at Your risk:
- (i) immediately from the time the Goods leaves Our premises; and
- (ii) until the Goods are returned to Us
5. TERM OF LEASE
The lease of the Goods commences on the date of collection or dispatch of the Goods, and continues for the Term, or until You return the Goods to Us.
- (a) You must allow Us access to the Goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. You are responsible for providing safe and proper access to and at the Site. You will be liable for all injury, loss or damage suffered by Rentasaur, its employees or agents while at the Site.
- (b) If, for whatever reason, We are unable to gain access to the Site for delivery or pick up of the Goods, We may charge You the Delivery Fee for each unsuccessful attempt.
- (c) Any period or date for delivery of the Goods specified by Us is as an estimate only and not a contractual commitment. We will use Our reasonable endeavours to meet any estimated date for delivery of the Goods, but will not be liable to You for any loss or damage suffered by You as a result of Our failure to deliver or Our late delivery of the Goods.
- (d) You must rely on Your own judgement as to the quality, condition, fitness and suitability of the Goods for Your particular purposes.
7. BREAKDOWN, DEFECT OR SHORTAGE
- (a) You must inspect the Goods on delivery and satisfy Yourself that they are in good operating order and condition. You must notify Us within 24 hours of delivery if there is any damage or defect.
- (b) Breakdown or defect in the Goods resulting from:
- (i) proper or ordinary use; or
- (ii) the development of an inherent fault or faults not ascertainable prior to the commencement of the Term;
- (c) If repair is impracticable and if replacement Goods are not available, the proportional charge for the broken or defective Goods will be credited to You.
- (d) Under no circumstances are You authorised to repair or attempt to repair the Goods Yourself unless You obtain Our prior written consent.
8. PAYMENT OF RENTAL PAYMENTS
- (a) You must pay the required:
- (i) Security Bond (if any);
- (ii) Rental Payments; and
- (iii) any other charges,
- (b) to Us in full, and without any deduction or set-off, at the times and in the manner specified in the Schedule.
- (c) Time for payment is of the essence.
- (d) Subject to the requirements of the ACL and the Code, all payments, once paid, are not refundable.
- (e) If any required payment falls due on a public holiday, then time for that payment is extended until the next Business Day.
- (f) We may require You to pay a Security Bond in addition to the Rental Payments. We may apply the Security Bond against any amounts payable by You under this Lease Agreement.
- (g) Any portion of the Security Bond not applied will be refunded by cheque or electronic transfer within 15 days of return of the Goods to Us.
- (h) Unless We otherwise agree, all payments must be made by CentrePay or direct debit from Your bank account.
- (i) For clients with more than one consumer lease, if a part payment is made monies received will be credited to the oldest consumer lease.
9. LATE PAYMENTS
- (a) If a payment due under this Lease Agreement is not paid in full on time, You will be in default of this Lease Agreement. We will be entitled to:
- (i) recover default interest from You at the prevailing rate under the Penalty Interest Rates Act 1983 (Vic) plus 4% for the period from the due date until the date of payment in full;
- (ii) charge You for the amount that Our bankers charge Us for Your dishonoured payment(s);
- (iii) charge You an administration fee; and
- (iv) subject to the requirements of the NCCP Act, terminate this Lease Agreement by written notice to You.
- (b) All amounts referred to in clause 9(a) are payable by You to Us on demand. If payment is made by direct debit, then We may debit the relevant amount from Your nominated bank account. You must ensure that You have sufficient funds in Your nominated bank account at all times.
10. PERSONAL PROPERTY SECURITIES ACT
- (a) Terms used in this clause that are defined in the PPSA have the same meaning as in the PPSA.
- (b) In circumstances where this Lease Agreement constitutes a PPS Lease, You acknowledge that You are the grantor and We are the secured party holder of a Purchase Money Security Interest (PMSI) by virtue of this Lease Agreement and the PPSA.
- (c) You must not, except with Our express written consent, allow to be, or be liable to become, perfected or attached in favour of any person, a security interest over the Goods, and whether to a provider of new value or otherwise.
- (d) For the purposes of section 275(6) of the PPSA, You agree that this Lease Agreement and any information pertaining to the rental of the Goods and details of the Goods must be kept confidential at all times. You must not disclose any information about the Lease Agreement or the rental of the Goods, except as otherwise required by law or as is already in the public domain.
- (e) You hereby consent and appoint Us to be an interested person and Your authorised representative for the purposes of section 275(9) of the PPSA.
- (f) We may allocate amounts received from You in any manner that We determine, including in any manner required to preserve Our PMSI over the Goods and their proceeds.
11. YOUR RESPONSIBILITIES
- (a) During the Term and at any time the Goods remain in Your possession or under Your control, You are responsible for:
- (i) safekeeping of the Goods;
- (ii) proper operation of the Goods, including using the Goods in strict conformity with their ordinary purpose and any instructions;
- (iii) ensuring that the Goods are not misused, modified or altered;
- (iv) ensuring that the Goods are not moved from the Site, unless in an emergency and We are advised immediately afterwards;
- (v) keeping and maintaining the Goods in Your personal possession;
- (vi) keeping and maintaining the Goods in a serviceable and clean condition and in good working order;
- (vii) protecting the Goods against fire, storm, accident, theft, vandalism, distress and seizure;
- (viii) advising Rentasaur immediately if the Goods break down or are not working satisfactorily;
- (ix) allow Us to do repair or maintenance work on the Goods at designated intervals; and
- (x) returning the Goods to Us in accordance with clause 16.
- (b) Subject to the ACL, You must pay Us on demand for any damage to or loss of the Goods, sustained wilfully or by accident whilst the Goods are in Your possession, including (as appropriate) the replacement cost of the Goods or repair of the Goods. The applicable Rental Payments continue to accrue and are payable whilst the Goods are being repaired or replaced.
- (a) If You have paid the Waiver Fee and You are not in breach of Your obligations under this Contract, then We will waive the right to receive from you repayments and replacement costs of the Goods in the event of loss or damage to the Goods as a result of theft (from site address) or fire.
- (b) The Waiver Fee does not cover deliberate damage or where loss could have reasonably been prevented by You. You must immediately inform Us of any loss or damage to the Goods and provide satisfactory evidence including a Police report or written statement. The Waiver is not insurance.
- (a) Unless You have elected to pay the Waiver Fee, for the duration of the Term You must:
- (i) take out and maintain Your own insurance for loss, damage or theft of the Goods to their full replacement value;
- (ii) make all insurance payments in full and at the times and in the manner specified by Your insurer;
- (iii) prior to hire and at Our further request, provide Us with evidence of any required insurance policy.
- (b) You must not do or permit any act that may contravene or void Your insurance policy.
- (c) You agree that We can receive all monies payable to You by an insurer or by any other person in respect of damage to or loss of the Goods.
- (d) If the Goods are stolen, You must inform the police within 24 hours and provide Us with a copy of the police report.
14. CHANGES WE CAN MAKE TO THIS AGREEMENT
We may change these terms at any time by giving You not less than 30 days written notice provided that those changes do not increase Your liability under this Lease Agreement. Any change will only apply to obligations arising after the date of notice.
15. REQUESTING CHANGES TO THIS LEASE AGREEMENT
- (a) Under the NCCP Act and the Code, You are entitled to request changes to this Lease Agreement, including in the following situations:
- (i) where You cannot make a payment due on the grounds of hardship; or
- (ii) where You wish to postpone a payment.
- (b) If You request a change to this Lease Agreement, or Your obligations under this Lease Agreement, We will consider and respond to Your request in accordance with the NCCP Act and the Code.
16. RETURN OF GOODS AT END OF LEASE
- (a) At the end of the Term, or upon the earlier termination of this Lease, You must return the Goods to Us:
- (i) at Your own expense;
- (ii) in a clean, serviceable and working state; and
- (iii) in the same condition as at the start of the Term (fair wear and tear excepted).
- (b) As this is a lease, You have no right, obligation or option to purchase the Goods at the end of the Term.
- (i) If the Goods are returned to Us other than in accordance with clause 16(a):
- (i) You must pay to Us at Our election:
- (ii) the difference between the fair market retail value of the Goods as actually returned to Us, and the fair market retail value of the Goods as should have been returned to Us;or
- (iii) all of Our reasonable costs and expenses relating to the cleaning and restoration of the Goods to substantial working order if the Goods are returned by You to Us in a state of disrepair or in a condition unsuitable for reuse; and
- (iv) this Lease Agreement will continue on the same terms including the payment of all rental charges until the Goods are returned or repossessed, or otherwise agreed with Us.
- (i) If the Goods are returned to Us other than in accordance with clause 16(a):
17. EARLY TERMINATION
- (a) Under the NCCP Act and the Code, You are entitled to return the Goods to Us and to terminate this Lease Agreement.
- (b) If You wish to return the Goods and terminate this Lease Agreement in accordance with clause 17(a):
- (i) You must comply with Your obligations under the NCCP Act and the Code. We will process Your request in accordance with the NCCP Act and the Code;
- (ii) You must comply with clause 16 of this Lease Agreement; and
- (iii) You must pay to Us the Termination Amount.
- (c) For the purpose of this clause, the Termination Amount is calculated as follows:
- (i) the sum of all overdue Rental Payments (if any); plus
- (ii) any liquidated amounts payable in accordance with clause 9; plus
- (iii) the Early Termination Fee (if any).
- (d) The applicable Rental Payments continue to accrue and are payable until the Termination Amount is paid and the Goods are returned in accordance with clause 16.
18. BREACH AND TERMINATION OF THIS LEASE AGREEMENT
- (a) You will be considered to be in breach of this Lease Agreement if You:
- (i) fail to comply with any of Your obligations under this Lease Agreement or the Code;
- (ii) fail to make any of the required payments to Us at the times and in the manner specified in the Schedule;
- (iii) fail to notify us of any change to Your contact details within 7 days of the change;
- (iv) sell or dispose of the Goods, or grant any security over the Goods without first obtaining Our express prior written consent;
- (v) allow the Goods to become damaged or lost, or the Goods are damaged or lost whilst under Your responsibility;
- (vi) are likely to breach Your obligations under this Lease Agreement or the Code (as determined in Our reasonable opinion); or
- (vii) become bankrupt or enter into any scheme of arrangement with Your creditors.
- (b) If You breach this Lease Agreement, we will send You written notice of the breach.
- (c) If You do not remedy the breach after receipt of a notice in accordance with clause 18(c), We have a range of enforcement options available to Us, which (subject to the NCCP Act and the Code) include:
- (i) recovering from You Our reasonable collection and enforcement costs in accordance with clause 20;
- (ii) taking any action or proceedings necessary or desirable in order to exercise or enforce any of Our rights under this Lease Agreement or the Code;
- (iii) charging You for the costs of repairing or replacing the Goods;
- (iv) charging You the Administration Fee;
- (v) charging You for all overdue Rental payments (if any);
- (vi) charging You for the value of all future Rental Payments owing for the balance of the Term;
- (vii) charging You for subsequent lost hire charges as a result of the Goods being lost, damaged or destroyed until the Goods are repaired or replaced;
- (viii) charging You for liquidated amounts payable in accordance with clause 9;
- (ix) terminating this Lease Agreement;
- (x) repossessing the Goods; and
- (xi) reporting Your conduct to the police.
- (d) If We terminate this Lease Agreement:
- (i) We will provide You with written notice of termination;
- (ii) You must immediately return the Goods to Us in accordance with clause 16; and
- (iii) You must immediately pay to Us all amounts due under this Lease Agreement and the Code.
19. REPOSSESSION OF THE GOODS
- (a) If You breach this Lease Agreement then, subject to the NCCP Act and the Code and in addition to Our other rights, We may take all lawful steps to enter any premises where We believe the Goods may be located and repossess them.
- (b) If We repossess the Goods, then subject to and in addition to Our rights in clause 19, We will charge You the repossession fee as specified in the Schedule.
- (c) bject to the NCCP Act and the Code:
- (i) You licence and authorise Us to enter without notice onto any premises where We suspect the Goods may be and remove them; and
- (ii) You indemnify Us from and against all reasonable costs, claims, demands or actions by any party arising from such action.
- (d) If We have not terminated this Lease Agreement, You may recollect the Goods from Us only if You have paid all outstanding amounts owing under this Lease Agreement and the Code.
20. ENFORCEMENT EXPENSES
- (a) If You do not comply with Your obligations under this Lease Agreement, We may charge You for, and You must indemnify Us from and against, all of Our reasonable collection and enforcement costs and expenses incurred (including legal costs on an indemnity basis) in:
- (i) enforcing this Lease Agreement; and
- (ii) repossessing the Goods (if necessary).
- (b) These enforcement expenses will become payable by You to Us immediately upon Your breach of this Lease Agreement, or otherwise in accordance with the NCCP Act.
- (a) Except as specifically set out in this Lease Agreement, this Lease Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods, or any contractual remedy for their failure.
- (b) Our liability to You arising under or in connection with the hire of the Goods to You is limited to the maximum extent permitted by law.
- (c) We are not liable for any indirect or consequential losses or expenses suffered by You or any third party, except to the extent of any liability imposed by the ACL.
- (d) Nothing in this Lease Agreement is to be interpreted as excluding, restricting or modifying the application of any laws applicable to the hire of the Goods which cannot be so excluded, restricted or modified.
- You must indemnify Us to the extent permitted by law, for liability for any injury or death to any person or damage to any property arising directly or indirectly from Your use and possession of the Goods.
23. MATTERS BEYOND OUR CONTROL
- (a) We will have no liability to You for failure to fulfil Our obligations under this Lease Agreement if such fulfilment is prevented by circumstances beyond Our reasonable control.
- (b) We can cancel this Lease Agreement if any matter occurs which is beyond Our reasonable control, and which prevents Us from fulfilling Our obligations to You.
- (a) This Lease Agreement is governed by the laws of Victoria.
- (b) Our failure to enforce any of the terms of this Lease Agreement will not be construed as a waiver of any of Our rights.
- (c) This is the entire agreement of the parties concerning the hire of the Goods. There is no other agreement, understanding, warranty or representation, whether verbal or written, concerning any aspect of this Lease Agreement.
- (d) We may assign Our rights and benefits under this Lease Agreement at any time without notice to You.
- (e) You may assign Your rights and benefits under this Lease Agreement only after obtaining Our express prior written consent, which may be given or withheld in Our sole discretion.
- (f) The terms of this Lease Agreement will not merge or terminate upon completion of this transaction, but will continue in full force and effect while any obligations have not been satisfied or fulfilled.
- (g) If any clause of this Lease Agreement (or part of it) is unenforceable, it must be interpreted as narrowly as necessary to make it enforceable. If that is not possible, then that clause (or part of it) must be severed from this Lease Agreement without affecting the enforceability of the remaining terms.
- (h) You authorise Us to complete any blanks or correct any errors in this Lease Agreement (including inserting serial numbers, model numbers and Contract Number).
- (a) A notice by a party under this Lease Agreement must be given to the other party in accordance with the NCCP Act and the Code.
- (b) You must tell Us immediately if You change Your bank account details, Your contact details and address or telephone details, or if You think there is any information that We should be aware of about Your ability to comply with this Lease Agreement.
- (c) A certificate signed by an authorised officer of Us is adequate proof of the facts stated in it relating to this Lease Agreement and the rights and obligations arising under it (absent of manifest error).
27. HOW TO UNDERSTAND AND INTERPRET THIS LEASE AGREEMENT
In this Lease Agreement:
- (a) headings and emphasises are for convenience only and do not affect the interpretation of this Lease Agreement;
- (b) the singular includes the plural and the plural includes the singular;
- (c) reference to legislation includes that legislation as amended or modified or re-enacted.
In this Lease Agreement:
- ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth);
- Business Day means Monday to Friday excluding public holidays in the State of Victoria;
- Code means the National Credit Code, which is part of the NCCP Act;
- Delivery Fee means the fee associated with the delivery of the Goods as specified in the Schedule;
- Goods means the Goods listed in the Schedule (including accessories) that You have agreed to rent from Us and includes services provided by Rentasaur in delivery, unpacking, installation or removal of the Goods;
- GST means the goods and services tax within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth);
- Lease Agreement means this lease agreement and any schedule, variation or annexure to it;
- NCCP Act means the National Consumer Credit Protection Act 2009 (Cth);
- PPSA means the Personal Property Securities Act 2009 (Cth);
- Site means the Site Address where the Goods will be kept, as specified in the Schedule;
- Term means the time from when the Goods leave Our premises until received back at Our premises;
- Termination Amount means the amount payable by You on the early termination of this Lease Agreement in accordance with clause 17;
- Rentasaur, We, Us and Our means Rentasaur Pty Ltd (ACN 154 909 396) of 38-42 Mercer Street, Geelong, Victoria;
- Waiver Fee means the amount specified in the Schedule and payable by You for the Waiver described in clause 12; and
- You and Your means you, the person, jointly and/or severally if more than one, hiring the Goods from Us.