Rental Agreement Legal Contract
Terms & Conditions
An Agreement between Kiwa Trading Ltd T/a RentaMac, “the Company”, and
“the Client”, whereby the Client will rent from the Company the equipment owned by the Company as detailed on the attached Tax Invoice under the following terms and conditions:
- RENTAL PERIOD
The rental period commences on the date of delivery and expiry at 1:00pm on the date stated for expiry on the Tax Invoice unless otherwise specified.
The Client will pay the rental charge as well as any other related charges as detailed on the Tax Invoice by the due dates specified on the Tax Invoice. Failure to pay any payment by the due date may result in the account being passed to a debt collection agency for collection. All commissions, legal costs and all other costs associated with collection will be added to the Client’s account and the Client agrees will be recoverable in full from the Client.
- CUSTODY AND BAILMENT
The Customer is responsible for the safe custody of the equipment and accessories and shall be liable for any loss, theft or damage to the equipment however it has been caused. The Client shall at all times hold a suitable policy of insurance to cover for these risks. The amount to repair or replace the damage or loss is at the sole discretion of the Company.
- DELIVERY & RETURN OF EQUIPMENT
The risk in the equipment supplied shall pass to the Client on delivery of the equipment to the Client. The risk will remain with the Client until delivery of the equipment back to the possession of the Company or its duly authorised agent.
It shall be the responsibility of the Client to arrange collection of the rented equipment by the Company’s appointed courier.
5.1 Despite this contract of hire and bailment, ownership of the equipment listed on the attached Tax Invoice shall at all times remain with the Company.
The Client holds the goods on the following conditions:
5.2. Not to service or repair the equipment. In the event that the equipment requires repair the Client shall notify the Company immediately.
5.3 The Client shall not deface the equipment or remove any identifying markings.
5.4 The Client shall immediately notify the Company of any loss or damage to the equipment. 5.5 The Client shall not modify the equipment in any form without the prior written permission of the Company.
- RIGHT OF INSPECTION
The Client shall allow the Company to inspect the Equipment on the Client’s premises at all reasonable times during normal hours of business.
The Company warrants that the equipment functions in accordance with the manufacturer’s specifications at the commencement of this contract. The Company will not be liable in any event for any damages resulting in the loss of data or for incidental or consequential damages.
The Client shall be liable for the cost of repair of any equipment damaged where, in the Company’s opinion, the damage arises through abuse, misuse, power spikes or attempted repair by anyone other than the Company or its agents.
No other warranty is expressed or implied. The company specifically disclaims any implied warranty of fitness for any particular purpose.
The agreement and the rights pertaining therein may not be assigned to any other party by the Client.
The Customer shall be in default of the Agreement and the Company (or its Agent) shall be entitled to enter the Client’s premises and repossess the equipment where:
a. The equipment has been damaged or is in danger of being damaged.
b. The Customer has breached the terms of the Agreement.
c. The Customer has committed an act of insolvency or bankruptcy.
d. Any of the rental or related charges owing on the equipment are unpaid.
a. The Company shall not be liable for any consequential loss or losses due to any failure of the equipment or in the event of any breach of the Agreement by the Company.
b. The Client agrees to fully indemnify the Company for all or any losses it may suffer in respect of claims made against the Company arising out of matters relating to the use of the equipment by the Client or any other person during the term of the Agreement.
- INTELLECTUAL PROPERTY
All rights pertaining to intellectual property including, but not restricted to, copyrights, patents and trademarks are expressly reserved to the Company. The Client shall not commit a breach, nor shall it authorise any other person to commit a breach of these rights. Any copies or articles made in breach of these rights shall be traced and destroyed at the Client’s expense.
- DATA SECURITY
The Company will, whenever possible, protect the Client’s data security and right to confidentiality by scanning for viruses and reformatting hard disks before they are rented. The customer agrees not to hold the Company responsible for any loss or losses arising from omission of this service.
- NON-REFUNDABLE DEPOSIT
Upon booking equipment for rental, the Client agrees to pay a non-refundable deposit being 25% of the rental or $100+GST whichever is the larger amount. If the Client cancels the booking for any reason, this deposit will not be refunded. If the Client cancels the agreement and has not paid a deposit, the Client agrees to pay the deposit within seven days.
The Company has the right, without giving a reason for so doing, to give the Client thirty days’ written notice of cancellation of this contract of Hire and Bailment and to collect the equipment on the expiry of the notice but all rental accruing under the Agreement after the date of collection shall not be recoverable from the Client but without prejudice to the Company’s entitlement to recover all charges up to and including the date of such collection.
- ALTERATIONS & AMENDMENTS
Both parties agree that there are no verbal or handwritten alterations or amendments to this agreement and that this document contains the entire contract entered into between the parties.