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“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.
- 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.
- 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:-
- Cancel the Rental Agreement without notice and recover
the Rented Property at cost to the Customer.
- 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.
- Charge the Customer for any costs incurred in the
recovery of any debts including all legal costs on a
solicitor/client basis.
- 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.
- 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.
- Condition of Rented Property. The
Customer acknowledges that:
- 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;
- 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;
- the Customer will look to the manufacturer, and not
Reechcom, for any collateral warranty the Customer may
require in relation to the Rented Property.
- 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.
- Indemnity. The Customer indemnifies Reechcom against:
- any loss of or damage to the Rented Property however
arising;
- liability for any death, injury or damage to any
person or property arising directly or indirectly from the
Rented Property or its use;
- any claim for breach of intellectual property rights
arising in connection with the Rented Property or its use;
- any loss arising from any part of this Rental
Agreement being void, voidable or unenforceable for any
reason;
- any loss or liability incurred by Reechcom resulting
from possession, use or operation of the Rented Property
by the Customer;
- 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;
- anything done by Reechcom in exercise or purported
exercise of its rights under this Rental Agreement,
- 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;
- any breach by the Customer of its obligations under
this Rental Agreement including any failure to insure or
adequately insure the Rented Property; and
- 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.
- 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:
- The replacement of the relevant Rented Property with
the same or equivalent Rented Property;
- b. the repair of the relevant Rented Property; or
- reimbursement of the rent for the relevant Rented
Property for the Rental Period.
- 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.
- 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.
- 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.
- Software:
- 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
- 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.
- 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.
- 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.
- 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.
- 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:
- loss or damage resulting from abuse or misuse of the
equipment.
- Loss or damage due to mysterious disappearance of the
equipment.
- Loss or damage caused by misappropriation or wrongful
conversion by the renter or his employees or agents.
- Loss or damage to accessories, including battery packs,
chargers and antenna
- 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.
- 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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