Terms & Conditions
Term of Agreement for Rental
1.1 The Rentee shall pay to Microrentals the total amount set out in the Schedule by monthly or weekly instalments as set out in the Schedule. The first of such instalments shall be paid on the date of this Agreement and thereafter, where monthly instalments are due, on the same day of each succeeding month or as close there to as is reasonably practicable. Where weekly instalments are due, on the same day of each succeeding week as the delivery date. Rental payments shall be due whether or not the Rentee has received any notice that such payments are due and all rental payments shall be paid to Microrentals at its address set out on the reverse page hereof or as otherwise directed in writing by Microrentals.
1.2 The Rentee acknowledges that when the rental is for a period of 3 months or more the monthly Rental Charge has been determined at a concessional rate based on the Rental Period stated in the Schedule. The Rentee agrees that in the event that the equipment is returned to MicroRentals prior to the expiration of the Rental Period then MicroRentals shall have the right to recalculate the Rental Charge based on the rates applicable for the rental of such equipment for the period it was retained by the Rentee (called “the recalculated rent”). The Rentee will pay to Microrentals.
1.3.1 The difference between the recalculated rent and the rent paid and
1.3.2 15% of the total Rental Charge that would have been payable for the original Rental period, calculated at the non-concessionable rate, for each month or part of a month between the date of the return of the equipment and the date of the expiration of the rental period.
1.4 When the rental is for a period of less than 3 months the Rentee is not entitled to the repayment of any part of the rent on the return of the equipment prior to the expiration of the rental period.
TERM OF AGREEMENT
2.1 Microrentals shall deliver the Equipment to the Rentee on the delivery date or so soon thereafter as is practicable. Provided however that Microrentals shall not be responsible for any failure to deliver arising out of any strike, act of war, act of God or other cause beyond its control. The Rentee hereby authorises Microrentals to insert in this Rental Agreement the Serial numbers and other identification data of Equipment as particularised in the schedule when the same has been determined by Microrentals. Microrentals does not guarantee on the battery life of its laptops.
2.2 CRAA. The Rentee acknowledges that verbal permission has been given to Microrentals to obtain from a credit reporting agency, a credit report containing personal/commercial credit information about themselves in relation to commercial credit provided by Microrentals.
The Equipment shall be delivered to the delivery address as set out in the Schedule hereto and the Rentee covenants and agrees that he will not remove the same from that address without the prior written consent of Microrentals. Microrentals may at any reasonable time inspect the Equipment. Should the Equipment at any time be removed from the Equipment delivery address without the prior written consent of Microrentals, Microrentals shall have the right to forthwith retake possession of the Equipment provided however that the obligation of the Rentee to pay all rental charges due hereunder shall continue thereafter,
The Equipment at all times remains the property of Microrentals and the Rentee has no right to charge, pledge, grant a lien over or give any interest in the Equipment to any other person.
TERM OF AGREEMENT
This Agreement shall commence upon the date hereof and shall continue for the period set out in the schedule hereto. In the event that Microrentals permits the Rentee to remain in possession of the Equipment or any part thereof after the period set out in the schedule hereto then this Agreement shall continue as a monthly/weekly agreement (whichever is applicable) upon the same terms and conditions so far as they are applicable as set out hereunder and such agreement shall thereupon be terminable by one months/weeks notice (whichever is applicable) in writing.
By signing the rental contract the Rentee shall be deemed to have acknowledged receipt of the Equipment in good order and repair and in a condition satisfactory in all respects for the purpose required by the Rentee.
Once the Rentee extends the rental period of the equipment either by email, fax or verbal confirmation, Rentee agrees to pay all rental charges in full towards the extension. Microrentals can organise the pick up of the rental equipment earlier than the last date of the extension if requested by the Rentee but Rentee still needs to pay the full rental charges for the complete extended rental period.
If cancellation occurs after an confirmed order is placed, the Rentee shall incur a cancellation charge that is 50% of the Rental Charges. However, if the cancellation occurs within 24 hours of the delivery date, the Rentee shall incur a cancellation charge that is 100% of the Rental Charges. Once the products are delivered, there will not be any refund of the Rental Charges.
REPAIRS, USE, ALTERATIONS
The Rentee shall at his own expense and cost keep all the Equipment in good and working repair and condition and it shall not in any way alter the Equipment without the Owner’s written consent having been obtained.
LOSS OR DAMAGE
If any negligence or misconduct of the Rentee results in any loss, theft, destruction of or damage to the Equipment however caused to any part thereof, then the Rentee shall bear the entire costs of such loss or damage and it shall reimburse Microrentals in respect thereof. No such loss or damage shall relieve the Rentee of the obligation to pay rent under this Agreement or of any other obligation under this Agreement.
The Rentee shall indemnify Microrentals from or in respect of any claims and/or actions, suits and damages, obligations, liabilities, and liens (including any of the foregoing arising or imposed under the doctrine of “strict liability”), arising out of the manufacture, purchase, rent, possession, operation, condition, return or use of Equipment or any breach of copyright in respect of any software. The Rentee agrees that upon written notice by Microrentals of the assertion of such a claim, action, damage, suit, liability or lien, the Rentee shall assume full responsibility for the clause and shall continue notwithstanding the termination of this Agreement.
If the Rentee fails to pay the rental when due, fails to pay any amount required herein or fails to perform any obligation under this Agreement or makes any assignment for the benefit of his creditors or if the Rentee shall commit any act of bankruptcy, enter into any scheme of arrangement or composition or being a Company shall go into liquidation or receivership or enters into any scheme of arrangement, Microrentals shall have the right to immediately take possession of any or all of the Equipment, wherever the same shall be located, without demand or notice, without any Court Order or other process of Law.
After the expiration of the term of this Agreement, or its prior termination, the Rentee shall forthwith return all Equipment by delivering it in the same condition as when delivered to the Rentee, reasonable wear and tear excepted,
COSTS AND EXPENSES
The Rentee shall pay to Microrentals all cost and expenses including reasonable Solicitors’ fees and the fees of any Collection Agencies incurred by Microrentals in the enforcing of the conditions or provisions hereof.
The Rentee agrees to reimburse Microrentals in full for the amount of any dishonoured cheque. In addition to the aforesaid condition, the Rentee agrees to pay Microrentals the sum of $45.00 for every such dishonoured cheque presented by Microrentals.
Should the Rentee be in arrears in respect of the payment of any amount due under this Agreement, such amount shall bear interest at a rate of twenty per cent (20oIc ) per annum, such interest shall be calculated and paid on a daily basis.
Services of notices under this Rental Agreement shall be sufficient if given personally or mailed to the party involved at its address set forth in this Agreement or at such other address as that party may provide in writing from time to time. Any such notice mailed to the address shall be effective when deposited in the mail, duly addressed and with postage paid.
EXCLUSION OF WARRANTIES
Should this Rental Agreement constitute a supply of goods or services to a Consumer as defined by the provisions of the Trade Practices Act, then the liability of Microrentals for breach of any condition or warranty implied under the said Act shall be limited to any one or more of the following at the option of Microrentals. In the case of goods, one of the following: (i)the replacement of the goods or the supply of equivalent goods: (ii)the repair of the goods; (iii)the payment of the cost of replacing any goods or acquiring equivalent goods: (iv)the payment of the cost of having the goods repaired; or In the case of services: (i)supplying of the services again; or (ii)the payment of the cost of having the services supplied again
EXCLUSION OF WARRANTIES
Subject to EXCLUSION OF WARRANTIES, by as far as is permitted at Law all warranties or conditions as to fitness for the intended purpose, merchantable quality or otherwise are hereby excluded and the Rentee acknowledges that the goods are fit for the purpose for which he requires them.
The Rentee shall take out, and maintain whilst ever the Rentee is in possession of the equipment insurance of the kind specified in the schedule hereto. All such insurance shall be in a form satisfactory to Microrentals and shall be for an amount at least equivalent to the retail price of the equipment. Such insurance shall name Microrentals as the owner of the equipment, and shall contain the insurers agreement to give Microrentals at least thirty (30) days written notice of cancellation or material change of any such policy of insurance. The Rentee shall provide copies of all such policies or certificates of insurance to Microrentals upon request. SCHEDULE: Fire; perils; storm and tempest; burglary; public liability; fusion.
The Rentee shall pay to Microrentals or as directed by it in writing all stamp duty, taxes or other assessments or expenses which may hereafter be imposed or levied upon, in respect of or arising out of this Agreement and/or the use by the Rentee of the Equipment.