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Terms and Conditions of Trade
   
         
 

“Reechcom Pty Ltd “ shall mean Reechcom, of any agents or employees thereof.

“ Customer “ shall mean the customer, any person acting on behalf of and with the authority of the customer or any person purchasing product and service from Reechcom Pty Ltd.

“ Goods “ shall also mean goods, products, services and advice provided by Reechcom Pty Ltd to the Customer and shall include without limitation the supply, installation, repair and maintenance of communication equipment and all chargers for labour, hire chargers or any fee or charges associated with supply of goods by Reechcom Pty Ltd to the Customer. Any property purchased, rented or loaned by Reechcom Pty Ltd

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 Hire Intelligence 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.

  1. Rental Period. Unless otherwise agreed the Customer will return the Rented Property to Reechcom at the completion or termination of the Rental Agreement. Any costs of return are to be born by the Customer. a. If the Rented Property is not returned to Reechcom 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. Reechcom 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 Customer.
  2. Payment Terms. A) 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 invoice associated with the Rental Agreement and within 14 days for any subsequent invoices. The Customer agrees to pay all invoices within or in accordance with the payment terms. Should the Customer fail to pay any invoice within or in accordance with the specified time then Reechcom reserves the rights to:-
    1. Cancel the Rental Agreement without notice and recover the Rented Property at cost to the Customer.
    2. Charge the Customer interest at a rate of 18% per annum ( 1.5% accumulated monthly ) and calculated from the date of invoice until paid in full.
    3. Charge the Customer for any costs incurred in the recovery of any debts including all legal costs on a solicitor/client basis.
    4. The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of Reechcom between the date of the contract and delivery of the goods.
  3. Change of Address. The Customer will notify Reechcom without delay of any change of address or telephone number during the period of this Rental Agreement.
  4. Condition of Rented Property. The Customer acknowledges that:
    1. it has examined the Rented Property before accepting it and satisfied itself that it is in good condition, is suitable for the Customers purpose, functions to a high standard, produces accurate readings and complies with prescribed safety standards;
    2. Reechcom 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 Reechcom to do so;
    3. the Customer will look to the manufacturer, and not Reechcom, for any collateral warranty the Customer 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 Customer will take good care of the Rented Property. Any damage (other than fair wear and tear) will be repaired by the Customer or its appointee and will be charged to the Customer. If any of the Rented Property is lost or stolen during the Rental Period, or extensions thereof, Reechcom reserves the right to charge the Customer 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 Customer which amount is in addition to the rental charges paid.
  6. Indemnity. The Customer indemnifies Reechcom against:
    1. any loss of or damage to the Rented Property however arising;
    2. liability for any death, injury or damage to any person or property arising directly or indirectly from the Rented Property or its use;
    3. any claim for breach of intellectual property rights arising in connection with the Rented Property or its use;
    4. any loss arising from any part of this Rental Agreement being void, voidable or unenforceable for any reason;
    5. any loss or liability incurred by Reechcom resulting from possession, use or operation of the Rented Property by the Customer;
    6. any liability which Reechcom may incur under any legislation by reason of the use of the Rented Property for any purpose other than as stated by the Customer to Reechcom; provided that such loss, damage, claim or liability is not due to Reechcom’s negligence;
    7. anything done by Reechcom in exercise or purported exercise of its rights under this Rental Agreement,
    8. any claim affecting Reechcom’s interest in or title to the Rented Property and any action taken by Reechcom to protect such interest and title;
    9. any breach by the Customer of its obligations under this Rental Agreement including any failure to insure or adequately insure the Rented Property; and
    10. 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.
  7. 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. Reechcom 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, Reechcom’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 Reechcom’s liability is limited, at Reechcom’s option to:
    1. The replacement of the relevant Rented Property with the same or equivalent Rented Property;
    2. b. the repair of the relevant Rented Property; or
    3. reimbursement of the rent for the relevant Rented Property for the Rental Period.

  8. Equipment Malfunctions. In the case of malfunctions or damage caused by accident or misuse the Rented property will be repaired by Reechcom or its appointee and charged to the Customer. In the event of malfunction Reechcom reserves the right to replace the Rented Property with an equivalent product.
  9. Consumables. The rental charges do not include consumable products (eg disposable batteries). The Customer 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 Customer.
  10. 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 Reechcom reserves the right to adjust the rental charges to include such changes or new taxes or government charges.
  11. Software:
    1. If any Operating System or Application Software is included in the Rental Agreement then the Customer guarantees that the only copies of these made will be for the purpose of security back-up. Further to this the Customer undertakes to destroy any such
    2. Where the Customer has requested Reechcom to install Software other than the Operating System on the Rented Property, the Customer declares that they are the holder of a legitimate licence to the Software, and have the right to install the Software.
    3. The Customer agrees to indemnify and keep indemnified Reechcom from any loss or damage arising from or in connection with the installation or use of the Software.
  12. 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.
  13. Cancellation of orders. If cancellation occurs after an order is placed the Customer shall incur a cancellation charge equal to half of the Rental Charges however if the cancellation occurs within 48 hours of the delivery date, the Customer shall incur a cancellation charge equal to the full Rental Charges.
  14. Privacy. Reechcom will comply with its privacy policy in respect of any personal information the Customer provides to Reechcom. If the personal information requested by Reechcom is not provided, the appropriate services may not be provided. Your proceeding to deal with Reechcom is confirmation of your acceptance of the Privacy Policy.

Loss & Damage Waiver. If the damage waiver box overleaf is initiated by the renter the renter agrees to pay the insurance levy of 10% of hire charge and the owner agrees to waive its right of claim from the renter for any loss or damage to the equipment in excess of $500. which is caused by fire, storm, earthquake, accident or burglary/theft provided that in the case of burglary/theft the renter has supplied to the owner satisfactory evidence that he has promptly reported the burglary/theft to the police. The waiver shall not apply to the loss or damage to the equipment in the following circumstances:

  1. loss or damage resulting from abuse or misuse of the equipment.
  2. Loss or damage due to mysterious disappearance of the equipment.
  3. Loss or damage caused by misappropriation or wrongful conversion by the renter or his employees or agents.
  4. Loss or damage to accessories, including battery packs, chargers and antenna
  5. Theft or any attempted theft commited by any of the Customers family / employees, any person in the service of the customer, any person or persons in collusion with any of the customers family, theft from an unlocked / unattended vehicle or theft in open spaces.
  1. Provided always that if the renter has breached this agreement he shall not be entitled to claim on the insurance and shall be liable to the owner for all damage to the equipment and to any other property, however caused, arising from the use of the equipment. The renter’s right to claim on the insurance is subject to the terms of an insurance policy, a copy of which is available from the owner, and is conditional upon the renter not having been otherwise entitled to claim under another insurance policy. In the event that damage is not fully covered under the insurance the renter agrees to indemnify the owner against all claims by any part for damage suffered as a result of any incident involving the equipment however caused. The renter acknowledges that the owner shall not be bound by any representation as to the existence or extent of any insurance and that the provisions of this agreement and the insurance referred to constitute the totality of the agreement between the owner and the renter in relation to insurance.
 
     
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