TERMS AND CONDITIONS FOR RENTAL OF GOODS

1 Definitions

Unless required otherwise:

Business Day means any day between the hours of 9:00 a.m. to 5:00 p.m. that Abacus is open for business, other than a Saturday, Sunday or public holiday;

Commitment Period means the period between the start and end dates as specified in this Contract, as extended by agreement between the parties;

Contract means the rental contract between Abacus and the Renter which incorporates these terms and conditions;

Due Date means the due date for payment of an invoice, being 14 days from the issue of the relevant invoice; and

Goods means the goods specified in the “rental property” section of this Contract and any tools, accessories or parts supplied with the goods.

2 Interpretations

(a) Unless required otherwise, a reference to a party includes that party’s executors, administrators, personal representatives, successors and assigns.

(b) If a party comprises 2 or more persons, they are each jointly and severally liable for the performance of the terms of this Contract.

(c) When the day for doing an act is not a Business Day, that act shall be done on the immediately preceding Business Day.

3 Rent and other Payments

(a) (Due Date) During the Commitment Period, all rental fees and other charges set out in this Contract must be paid by the Due Date without set-off or deduction. The Renter must pay additional rental fees and other charges on a pro-rata basis at the agreed rates in respect of any extension of the Commitment Period.

(b) (Interest) Interest at the rate of 15% per annum will be charged on any money not paid by the Due Date from the Due Date until the date of payment.

(c) (Consumables) The rental fee does not include consumables (such as paper, ink or toner cartridges).

(d) (Tax) All payments due under this Contract are exclusive of GST and any other taxes except for state government rental tax. The Renter must pay Abacus GST and any other government charges in addition to the rental rate.

4 The Goods

(a) (Ownership) The goods remain the property of Abacus at all times. Abacus may register a caveat, charge or other security instrument against the Renter’s property as security for its interest in the Goods.

(b) (Delivery) The Renter is responsible for taking delivery of and returning the Goods at its own cost. Risk passes to the Renter immediately on taking delivery. Taking delivery of the Goods constitutes acceptance by the Renter of the Goods under this Contract.

(c) (Care for Goods) The Renter will operate, maintain and store the Goods with due care and diligence and in compliance with the instructions and recommendations of the supplier and manufacturer of the Goods. The Renter is responsible for the maintenance of the Goods during the Commitment Period.

(d) (No alterations) The Renter must not alter or replace any parts in the Goods without Abacus’ consent.

(e) (No dealing) The Renter must not part with possession or otherwise dispose of, or in any way encumber the Goods.

5 Damage to Goods and Repairs

(a) (Break down) If the Goods break down through no fault of the Renter, Abacus will repair or replace the Goods at its own cost, but the Renter must pay the delivery costs associated with the repair or replacement if the Goods break down outside the metropolitan area of the capital city of the State in which the Goods have been rented. Abacus may at its absolute discretion replace the Goods with goods of similar specifications during the period of repair, subject to these Contract terms. Abacus is not liable for any software or physical loss suffered by the Renter howsoever caused.

(b) Damage Waiver - $22.00 inc gst Flat Fee + 10% increase in rental order for the term of the contract. If the Renter has paid a damage waiver charge, Abacus will have no claim against the Renter for any damage which did not result from the Renter’s negligence or default, damage occurred:

1. by the Goods being dropped into a body of water, whether coastal or inland;
2. in suspicious circumstances;
3. because the Goods were not reasonably secured;

6 Renter’s covenants

(a) (Change of contact details) The Renter will notify Abacus immediately of any change in the Renter’s contact details during the Commitment Period.

(b) (Consumables and software) The Renter shall:

1. only use consumables approved by the manufacturers of the relevant Goods;
2. use all software in accordance with the appropriate end user licence; and
3. be responsible for software backups.

(c) (Application during extension of Commitment Period) The Renter acknowledges and agrees that the terms of this Contract will apply throughout any extension of the Commitment Period.

7 Indemnity

Subject to clause 5(b), the Renter indemnifies and will keep Abacus indemnified against:

1. the loss of or damage to the Goods whether by fire, theft, accident, seizure, confiscation or otherwise; and
2. all other losses, damages, claims, penalties, liabilities and expenses, including legal costs, howsoever arising incurred as a result of or in connection with the Goods or the possession, use, maintenance, repair or storage of the Goods or the Renter’s default, or the seizure or the taking of possession of the Goods by Abacus pursuant to this Contract.

This indemnity survives the termination of this Contract until all of the Renter’s obligations have been performed in full.

8 Event of Default

(a) (Events) An Event of Default occurs if:

1. money is not paid by the Due Date;
2. the Renter continues to breach the other terms of this Contract after Abacus gives the Renter notice of its default; or
3. the Renter is the subject of insolvency or other proceedings which places the Goods at risk of loss or seizure by others.

(b) (Consequences) If an Event of Default occurs, Abacus may immediately take possession of the Goods without notice. If Abacus makes demand, the Renter must at its own expense immediately deliver the Goods in good order and repair in accordance with Abacus’ directions. If the Renter defaults, the Renter irrevocably authorises Abacus to enter any premises occupied or controlled by the Renter to repossess the Goods, and for such purposes, break open any gate or lock and dismantle the Goods from any part of the premises to which they may be affixed, and the Renter indemnifies Abacus in respect of any loss arising from any such acts.

9 Termination

(a) At the end of the Commitment Period, the Renter must immediately deliver the Goods to Abacus in a condition consistent with the performance of this Contract, and pay any unpaid rental fees or other charges.

(b) If the Commitment Period is extended after the date specified on the Contract for return of the Goods, the end of the Commitment Period will be the date Abacus receives physical delivery of the Goods, and the Renter will be liable to pay rental charges on a pro-rata basis until that date.

10 Cancellation

(a) The Renter will not receive a refund or credit if the Goods are returned prior to the end of the Commitment Period, and must immediately pay the balance of the rental fees due under this Contract to the end of the Commitment Period.

(b) If the Renter cancels this Contract less than 24 hours before the start of the Commitment Period, the Renter must pay a cancellation fee equal to 50% of the rental rate.

11 Warranties and Disclaimer of Liability

(a) The Renter acknowledges and agrees that Abacus makes no express or implied warranties, and the Renter has not relied on Abacus, about the condition or suitability of the Goods for the Renter’s purposes. The Renter has inspected the Goods and is satisfied as to their condition and suitability.

(b) The Renter acknowledges and agrees that the Owner’s liability howsoever arising from this Contract is limited to replacing or repairing the Goods or the cost of such replacement or repair.

12 Severance

If any part of this Contract is or becomes void or unenforceable for any reason whatsoever, that part shall be severed from this Contract so that all parts that shall not be or become void or unenforceable shall remain in full force and effect and be unaffected by any severance.