Rental Terms & Conditions
1.In these Terms and Conditions, these words have defined meanings:
- “The Hirer” is the person or persons (including businesses) specified in this Rental Agreement;
- “The Owner” is Furniture Rentals Australia Holdings Pty Ltd trading as Renta Centre – Appliance Rentals;
- “The Goods” is the equipment which The Hirer has agreed to rent from the Owner as listed in The Schedule;
- “The Schedule” attached forms part of this Rental Agreement and includes the specific Initial Contract Term, rent and charges and other specific terms of reference for this Rental Agreement.
2.In this agreement, singular words shall include plural words, words importing persons shall apply to corporations, and masculine gender shall include the neuter genders, and two or more Hirers shall be bound jointly and severally.
3.The Owner, Servants or Agents may at any time within one calendar month from the date of the signing of this Rental Agreement by the Hirer without notice and without being bound to give any explanation, rescind any agreement and take possession of the rented appliances, electronics and/or furniture items (herein referred to as “the Goods”) and refund to the Hirer, if requested, all monies paid upon this Rental Agreement.
4.The Initial Contract Term of this Rental Agreement is as indicated on the Schedule and commences from the date of signing this Rental Agreement. If, following the expiry of the Initial Contract Term, the Hirer continues to hold the Goods, then the terms of this Rental Agreement shall continue indefinitely (and the Hirer shall be liable to continue making rental payments at the rates set out in this Rental Agreement) until such time as either party terminates by giving no less than 48 hours notice to the other and the Goods have been collected.
5.The Owner may at any time terminate this Rental Agreement forthwith if the Hirer has made any mis-statement, or if the Hirer commits any breach of his obligations hereunder, or if any execution or distress is levied or leviable against the Hirer, without prejudice to any other rights and remedies of the Owner in respect to any breach of the Hirer. In the event of the Owner, Servants or Agents so re-taking possession of the Goods the Hirer agrees to indemnify the Owner for all losses, costs, charges, damages and expenses of whatsoever nature incurred or occasioned by the Owner by reason of such re-taking of possession.
6.The Goods shall remain the sole and absolute property of the Owner and the Hirer shall not sell, assign, pledge, underlet, lend or otherwise part with possession of the Goods and shall not without the Owner’s written consent remove the Goods from the address set out in the application form. The Hirer will protect the Goods against distress, execution or seizure and indemnify the Owner against all losses. As a rental business, many of the Goods are pre-rented and as such may have minor cosmetic imperfections but are otherwise complete and in good working order. The Owner will not attend to an exchange of the Goods for cosmetic or appearance reasons.
7.Where more than one item is supplied under this Rental Agreement, the singular shall be read as the plural where appropriate and the rental rate and conditions shall apply separately to each of the individual items as though each of the items were subject to a separate Rental Agreement.
8.The Hirer shall indemnify the Owner, and keep them indemnified against loss of, or damage to, the Goods howsoever occasioned, and The Hirer shall at his own expense, insure and keep insured the Goods for its full replacement value against loss or damage from any cause. The Hirer shall continue making rental payments until full value of the loss or damage has been paid to the Owner.
9.The Owner undertakes to keep the Goods serviced and replace any parts which are faulty due to fair wear and tear and the Hirer will use the Goods in a careful and proper manner. The Hirer will not open the outer case, and the Hirer will not permit other persons to adjust the components or open the outer case of the Goods without the written permission of the Owner. In the event that the Owner responds to a call out by the Hirer for a fault with the Goods and it is determined that the fault is due to operator error or damage to the Goods caused by the Hirer, then the Owner will charge a call out fee of $75.00 plus any costs incurred to restore the Goods to a working state and condition to which they can be rented again.
10.The Owner, Servants or Agents may at all reasonable times enter the Hirer’s premises for the purpose of collection or viewing the condition of the Goods and carrying out such replacements, repairs and adjustments as may be necessary.
11.In the event of this Rental Agreement being terminated in any manner whatsoever the Owner, Servants or Agents shall be entitled to enter the premises where the Goods are installed to retake possession thereof; any person who is in apparent authority at such premises who grants entry to the Owner or such other persons shall be deemed to do so as the Agents, and at the request of the Hirer.
12.Except as provided in this clause, this Rental Agreement may not be terminated by the Hirer prior to the expiry of the Initial Contract Term. Provided that the Hirer is not in default under this Rental Agreement and has paid all rental up to the date of the return of the Goods to the Owner and has paid in addition to such rent an amount of $100 per item at the time of return of the Goods and has returned the Goods to the Owner in good order and condition at the Owner’s place of business, then the Owner will release the Hirer from this Rental Agreement.
13.The Hirer shall pay promptly each calendar month (or other period specified in this Rental Agreement) in advance all rentals due to the Owner or Agents at their place of business, or to a bank nominated by the Owner. A late payment fee of $25 will apply on any occasion where the monthly rental amount is paid/not paid more than three (3) days after the Ongoing Monthly Payment due date as specified in The Schedule of this Rental Agreement.
14.Delivery & Cancellation charges. Delivery charges, where applicable, only cover the initial delivery and final collection (Monday to Friday only) of the Goods, provided the Goods have not been moved to a different location by the Hirer without prior permission of the Owner. Additional deliveries or partial collections during the term of this Rental Agreement that are not due to any malfunction of the Goods (see Clause 7), will incur an additional delivery charge. Cancellations made less than 24 hours before a booked collection or exchange date will incur an additional charge. This includes where a booking has been made and the Hirer (or their nominated representative) is not present at the agreed booking time. Collections requested for a Saturday will incur an additional collection charge irrespective of any other delivery charges previously paid.
15.If the Hirer defaults in payment of rental and such default has continued for a period in excess of seven (7) days the Owner, Servants or Agents may, without prejudice to any other rights or remedies they may have by virtue of their Rental Agreement or otherwise, attend to the collection of the arrears of rental and/or the Goods, and the Hirer shall reimburse and indemnify the Owner for all losses, costs, charges and expenses whatsoever nature incurred by the Owner in or about collecting or attempting to collect the arrears of rental and/or the Goods.
16.If the Hirer makes default in payment of rental and such default has continued for a period in excess of seven (7) days (whether payment has been demanded or not or whether collection has been attempted or subsequently effected or not or whether the Owner has subsequently reimbursed or indemnified themselves wholly or in part in respect thereof from the Refundable Bond or not) or if he commits a breach of any other conditions of this agreement then the Owner shall be entitled at their option without notice to retake possession of the Goods and the Hirer shall pay to the Owner all rentals then overdue, PLUS if the default or breach occurs within the Initial Contract Term, any unpaid fees and any outstanding rental amounts in respect of the remaining period of the Initial Contract Term.
17.The Owner shall be entitled at any time to vary the rates payable by the Hirer by giving the Hirer written notice of such variation. The Hirer shall be bound to pay the rates as varied UNLESS the Hirer determines this Rental Agreement by giving the Owner notice in writing within one calendar month of receiving notice of the variation, and by paying all the rent due up to and including the date of determination (including all amounts outstanding pursuant to this Rental Agreement) and by returning the Goods to the Owner on or before that date in good condition.
18.The granting of time or an indulgence of any nature by the Owner shall not effect the liability of the Hirer or invalidate the right of the Owner under the Rental Agreement.
19.The Owner shall be entitled at any time to assign the benefit of the Rental Agreement to any person, firm or company.
20.Where a Refundable Bond has been paid to the Owner, the Refundable Bond will be retained by the Owner for the duration of this Rental Agreement and the amount refunded to the Hirer at termination of the renting and upon return of the Goods to the Owner providing the Hirer has duly complied with all the terms and conditions therein. The Owner shall be entitled to deduct from the Refundable Bond any monies due to them by the Hirer under this Rental Agreement.
21.Where any amount is outstanding at the time of termination of the rental, or at any other time, the Hirer expressly authorises the Owner to charge such amount to any current credit card or bank account, held in the name of the Hirer.
22.The Hirer hereby clears the Owner from any claim, action or demand for any damage to person or property of the Hirer or any person claiming through him arising out of any use or malfunction of the Goods.
23.The Hirer indemnifies the Owner from any claim, action or demand for any damage to any person or property (that of the Hirer or any third party), or any person claiming through him, arising where the Hirer requires the Owner (and the Owner agrees) to deliver or remove the Goods via common property or third party property, other than through the main entry. It is the Hirer’s responsibility to seek and secure any relevant consents prior to the Owner accessing common or third party property.
24.The Owner accepts no responsibility for any damage to any property howsoever caused, where the Owner is asked (and the Owner agrees) to:
– move the Hirers or any third party’s property for the purpose of completing a delivery, installation or removal of the Goods; or
– remove any door, cupboard or other access point for the above purpose.
The Owner and/or its representatives will make reasonable efforts to minimise the risk of damage to property.
25.PLEASE CLEAN THE GOODS BEFORE RETURNING AND ENSURE THAT YOU RECEIVE A SIGNED RECEIPT FROM OUR DRIVER WHEN THE RENTAL ITEMS ARE COLLECTED FROM YOU ON TERMINATION OF THIS RENTAL AGREEMENT.
26.The Hirer acknowledges that the Privacy Act 1988 allows the Owner to give a credit reporting agency certain personal information about the Hirer including information contained in this credit application (e.g. identity details and credit limit sought), information about any payments overdue more than 60 days where collection action has commenced or payments which are no longer overdue and the Hirer authorises the Owner to do so. In accordance with Section 18N of the Privacy Act 1988, the Hirer authorises the Owner to exchange information about the Hirers credit arrangements (including information about the Hirers credit worthiness, credit history, credit standing or credit capacity) with credit providers named in this credit application and other credit providers named in a credit report issued by a credit reporting agency. The Hirer understands this information may be used to assess the Hirers application for credit and/or the Hirers credit worthiness, to assist the Hirer to avoid default and to notify other credit providers of the Hirers default. The Hirer also authorises the Owner to make enquiries about the information included on the Hirers credit application from any other source.
27.Goods & Services Tax (“GST”). This Rental Agreement is subject to GST after 1st July, 2000 and the Hirer agrees to pay any legislated increase to the GST from this date.
28.Risk Protection Plan (“RPP”). Under this Rental Agreement where the Hirer has elected to accept the RPP and has paid all amounts due for the RPP, the Hirer agrees with the Owner to accept a risk protection plan offered by the Owner upon the following conditions.
- The Hirer has entered into a Rental Agreement with the Owner for the hire of the Goods listed therein;
- The Hirer agrees to accept and the Owner offers a RPP in respect of the Goods listed in this Rental Agreement for the duration of this Rental Agreement against the following risks (Defined Events):
- Theft of one or more of the items which has been reported to the nearest Police station within 24 hours of the event resulting from a forcible entry of the premises where the items are located so long as the location is the same as set out in this Rental Agreement or such other location approved by the Owner in writing.
- Fire damage to one or more of the Goods which has been reported to the nearest Police station within 24 hours of the event resulting from fire in the premises where the items are located so long as the location is the same as set out in this Rental Agreement or such other location approved by the Owner in writing.
- The Hirer shall, within 3 business days of a Defined Event, notify the Owner in writing of the same and provide the Owner with a copy of the report (or Police Event Number) given by the Hirer to the Police.
- Upon the happening of the Defined Event causing loss or damage to one or more of the Goods the Hirer shall pay the Owner an excess of $100 per item lost, destroyed or damaged.
- The Owner shall not be liable to the Hirer or any other person in respect of any incidental loss, spoilage or damage caused directly or indirectly from the happening of a Defined Event.
- The Owner shall not seek to recover from the Hirer the cost of any one or more of the items lost, destroyed or damaged as a result of a Defined Event (subject to the Exclusions below) upon compliance by the Hirer of the conditions herein contained (the RPP).
- The cost to the Hirer of the RPP shall be $3 per month per item which has been included in this Rental Agreement.
- Any GST liability will be paid by the Hirer and added to the monthly rental amount.
The RPP offered by the Owner in respect of the Defined Events does not extend to willful or intentional acts committed directly or indirectly by the Hirer or any other person within the control of the Hirer.
29.Electronic Communication. Where the Hirer has consented to receive communications electronically on this Rental Agreement, the Owner may communicate with the Hirer electronically regarding this Rental Agreement or for marketing purposes in the form of data, text, images (including email, SMS and MMS) which the Hirer can retain or later reference by printing (or storing otherwise) for later use/display.