CONDITIONS OF RENTAL AGREEMENT
1. DEFINITIONS AND INTERPRETATION: In the Conditions, unless the context does so permit:-
1.1 “Agreement” means this Rental Agreement
“Delivery Address” means the place designated on the face hereof as the Address of the Hirer to which the Owner is to deliver the goods.
“Goods” means the goods designated on the face hereof including any part thereof.
“Hirer” means the persons designated on the face hereof hiring Goods from the Owner.
“Loss” includes damage to Goods and/or consequential and/or economic loss.
“Owner” means the person designated on the face hereof and anyone acting on behalf of the same and the successors and assigns of same and the successors and assigns of same.
“Payment Date” means the dates upon which the Hirer is to pay the Owner as designated as designated on the face hereof.
“Security Deposit” means the amount designated on the face hereof to be paid by the Hirer to the Owner on delivery of the Goods.
“Term” means the period designated on the face hereof.
“Total Amount of Rental Payable Over the Term of the Agreement” is $
“Total Due on Delivery” means the amount to be paid by the Hirer to the owner upon Delivery of the Goods to the Hirer.
1.2 If the term of this Agreement is for a period of one year or more, then this Agreement will be a “consumer lease” as that term is defined in the Credit Contracts and Consumer Finance Act 2003. Where this Agreement is a “consumer lease” the cash price of the Goods is $
1.3 The Hirer shall do anything necessary or desirable to give (and must not do anything which may prevent) full effect being given to this Agreement.
1.4 Any exercise of discretion by the Owner shall be absolute and unfettered and may be unreasonable or arbitrary.
1.5 Where the Hirer comprises two or more persons, they bound jointly and severally.
2. TOTAL RENTAL RATE PAYABLE IN ADVANCE: The Hirer agrees to pay before delivery the amount Total Due before Delivery and where the Total Rental is payable Monthly in Advance, pay the Total Rental Rate for each month on the Payment Date in advance, until the end of the Term or the Earliest return date or for as long as they still have the owners goods in their possession.
The Hirer acknowledges that any amounts paid by the Hirer as a Security Deposit will be held by the Owner and either returned to the Hirer on termination of this Agreement or applied as provided by this Agreement.
The Hirer must reimburse the Owner for all expenses due to:
(a) calls made for pick-up, service or for any other reason for which an appointment was made and has not been kept by the Hirer;
(b) calls for collection of overdue payments.
3. LATE PAYMENT FEE: The hirer agrees to pay a late payment fee not exceeding $25.00 when any payment is not received by the Owner by its Payment Date.
4. SERVICE: The Owner agrees to keep the goods in good working order and service them while the Hirer meets its obligations. Service on the goods may be carried out only by the Owner’s own technicians or authorised agents. The Goods may be replaced, if decided by the Owner, and any replacement goods will then be Goods for the purpose of this Agreement.
5. PROPERTY IN THE GOODS: The Hirer agrees to pay a late payment fee not exceeding $25.00 when any payment is not received by the Owner by its Payment Date.
6. LOSS OR DAMAGE: The Hirer is responsible for the risk and loss or damage to the Goods. If the Goods are lost or damaged the Hirer agrees to pay for the replacement or repair of the Goods as determined by the Owner and to continue to pay rent. The Hirer must inform the Owner immediately of any loss or damage to the Goods.
7. ACCESS TO GOODS: The Hirer must not move the Goods from the Delivery Address without the prior written consent of the Owner. The Hirer agrees to provide the Owner or its agents reasonable access to inspect the Goods at all times in order to confirm their existence, condition and proper maintenance. At the expiration of the Term or upon early termination unless the Hirer makes an alternative arrangement with the Owner, the Hirer must, at its own expense, immediately return the Goods (together with all accessories and manuals), in the same condition as the Goods were delivered to the Hirer, except for normal wear and tear, to the Owner. If the Goods are not in the Hirer’s possession, the Hirer must give the Owner all the information that the Hirer has that might assist the Owner to locate the Goods. The Hirer agrees to pay the Owner for any damage to the Goods or lost accessories or manuals.
8. SECURITY AT RISK: If, in the Owner’s opinion, there at any time occurs an event which (whether on its own or in conjunction with other events) could materially adversely affect the Hirer’s ability to perform its obligations under this Agreement or which could materially adversely affect the Owner’s security in the Goods; the Owner (itself or by its agents) may enter the Delivery Address or any premises where it believes the Goods may be located (without the necessity of giving notice) and to search for and remove and take possession of the Goods without being in any way liable to the Hirer or anyone claiming under it for so doing.
9. TERMINATION BY THE HIRER: At expiry of the Term or the Earliest return date the Hirer can:
(a) return the Goods to the Owner;
(b) continue with the rental agreement on a monthly basis. If the Hirer does not contact the Owner or return the Goods to the Owner upon the Earliest return date the Hirer is deemed to continue the rental agreement at the agreed Monthly Hire Rate until the Goods are returned to the Owner or other arrangements are made in writing between the Hirer and the Owner.
If the Hirer wishes to end this Agreement before the end of the Term or Earliest return date, the Hirer may do so by returning the Goods to the Owner and by paying the Owner 50% the of balance of rental payments to expiry of the Earliest return date,
10. BREACH OR DEFAULT: The Hirer will be in default and will have repudiated this Agreement if the Hirer:-
(a) does not pay all rent and other amounts on time;
(b) does not keep the Goods insured (unless the Hirer has paid insurance to the Owner in which case the Owner will insure the Goods);
(c) becomes insolvent, bankrupt or becomes subject to any arrangement or composition, or as a business the Hirer enters receivership, liquidation or external administration;
(d) sells, hires, disposes of or encumbers the Goods or attempts to do any of these things; or
(e) assigns or attempts to assign the Agreement.
If the Hirer repudiates this Agreement, the Owner may give the Hirer notice termination this Agreement in which event the Hirer must immediately:-
(i) pay any unpaid amounts (including, without limitation, rentals, late payment charges and fees accrued on these payments);
(ii) return the Goods to the Owner;
(iii) pay the amount of 50% of the balance of rental payments to the expiry of the Term as liquidated damages for early termination.
(iv) Following termination under this clause, if the Hirer does not return the Goods as required under this Agreement the Owner (itself or by its agents) may enter the Delivery Address or any premises where it believes the Goods may be located (without the necessity of giving notice) and to search for and remove and take possession of the Goods without being in any way liable to the Hirer or anyone claiming under it for so doing.
The Hirer must pay to the Owner on demand all costs, expenses, charges (legal, on a solicitor-own client basis, or otherwise) and all financial institution fees and charges sustained or incurred by the Owner or the Owner’s agent in connection with the recovery of the Goods and/or in attempting to recover any amount including rental, the Owner’s interest charges in respect to the funds it borrows to purchase the Goods for the period of the default, arrears of rental and late payment fees to which the Owner shall be entitled to under this Agreement or otherwise permitted by law and/or losses incurred or suffered by the Owner as a result of any default by the Hirer under this Agreement.
11. SECURITY DEPOSIT: The Hirer must pay to the Owner before delivery of the Goods to the Hirer the Security Deposit to secure to the Owner the due performance by the Hirer of all of the Hirer’s obligations under this Agreement. If the Hirer shall breach any of its obligations under this Agreement, the Owner shall have the right to apply the Security Deposit either in whole or in part towards the monies owing under this Agreement by the Hirer to the Owner and/or towards the cost of replacement or rectification, however, such application shall not prevent the Owner recovering from the Hirer damages for any breach of this Agreement if such damages are in excess of the amount of the Security Deposit. The Owner may ask for a Credit Card to hold in lieu of a Security Deposit. The Hirer gives the Owner permission to charge the Credit Card with any monies owing under this Agreement, however, such action shall not prevent the Owner recovering from the Hirer damages for any breach of this Agreement if such damages are in excess of the Credit Card limit or if the Credit Card declines the charge.
12. REFUNDS OF RENTALS PAID IN ADVANCE: On the return of the Goods the portion of the rentals paid by the Hirer in advance which has not then been utilised and any Security Deposit (subject to clause 9 above) shall be refunded after deduction of any amount which may then be owed by the Hirer to the Owner.
13. ASSIGNMENT OF RIGHTS: The Owner reserves the right at any time to assign the benefit of this Agreement to any company or person.
14. WHOLE AGREEMENT – WARRANTIES: Upon delivery of the Goods, the Hirer must inspect them and satisfy itself that they are in good operation order and condition. The Hirer must rely on its own skill and judgement as to the quality and condition of the Goods and their fitness and suitability for any particular purpose. No warranties are given by the Owner in that regard, other than those implied by law and which cannot be excluded. To the extent permitted by law damages for breach of condition or warranty implied by law as to fitness and merchantable quality are limited to the repair or replacement of the Goods with no liability for consequential damage. No employee or agent of the supplier is authorised to change any term of the Agreement or to make any warranties or representations about it, verbal or otherwise. The Owner shall not be liable for any consequential loss or damage (or any other loss or damage) whatsoever suffered by the Hirer and as a result of any malfunction, operation or unsuitability of the Goods.
15. NO WAIVER: All the rights and powers of the Owner under this Agreement shall remain in full force despite any delay in their enforcement. The Owner shall not be deemed to have waived any of its rights or powers under this Agreement or any notice given under it unless it is expressly waived in writing by the Owner. Further no waiver by the Owner of any breach by the Hirer of this Agreement shall be deemed a waiver of any continuing or recurring breach.
16. SEVERABILITY: If any term or condition or any part of any term or condition of this Agreement or its application shall be or become illegal, invalid or unenforceable then the relevant term of condition shall be severed from this Agreement. The remaining terms and conditions or any part remaining term or condition shall not be affected and will continue to operate.
17. ACKNOWLEDGEMENT BY HIRER: This Agreement is a Rental Agreement. It is not an agreement by the Hirer to purchase the Goods. It is not an offer by the Owner to sell the Goods to the Hirer in the future. The agreement contains all the terms of the arrangement between the Owner and the Hirer. There are no oral terms. No representative of the Owner has the authority to vary or supplement this Agreement except in writing. No variation or supplementary or collateral agreement will be recognised or be binding unless it is in writing and signed and acknowledged by the Owner. No term is to be implied other than by operation of law (including any statutory rights under consumer protection legislation). If the Hirer offers to buy the Goods at any time after the Term the Owner may in its absolute discretion sell the Goods to the Hirer. However, the Owner has no obligation to sell.
18. IDENTIFICATION OF HIRER: The Hirer will provide the Owner with a widely recognized form of photographic identification (for example, driver’s licence or passport) before the Hirer enters into this Agreement and hereby authorizes the Owner to retain a copy of the same for the purpose of identifying the Hirer in the future. Where the Hirer is unable to provide such identification, the Hirer authorises the Owner to take a photograph of the Hirer and hold this photograph for the purpose of identifying the Hirer in the future.
19. PRIVACY ACT: The Hirer agrees to and acknowledges that the Owner (or its authorised agents) may give to and seek from any credit reporting agency and/or any credit providers names in the Hirer’s rental application and credit providers that may be named in a credit report issued by a credit reporting agency, information about the Hirer’s credit arrangements. This information can include:-
(a) The Hirer’s name, sex, date of birth, current address and last two addresses, current or last know employer and driver’s licence number;
(b) Any photograph taken pursuant to clause 18 of the Agreement;
(c) The fact that the Hirer has entered into this Agreement and the value of the Goods rented under this Agreement;
(d) That the Hirer is 60 days of or more overdue in making a payment to the Owner and that steps have been taken to recover all or any part of the amount owed by the Hirer;
(e) That the Hirer has paid out the Agreement;
(f) That payments due by the hirer to the Owner (whether by way of cheque, direct debit otherwise, have been dishonoured on at least two occasions;
(g) That in the Owner’s option, the Hirer ash committed a serious credit infringement;
(h) That Court judgements and/or bankruptcy orders have been made against the Hirer.
20. EXPRESS AUTHORITY TO OBTAIN INFORMATION FROM THIRD PARTIES: Without limiting the generality of clause 17 above, if the Hirer is in default under this Agreement and/or removes the Goods from the Delivery Address without the Owner’s prior written consent, the Hirer expressly authorises the Owner:-
(a) to collect all information it may require about the Hirer from any third parties and authorises those third parties to release that information to the Owner; and
(b) to hold all information given by the Hirer or any third party to the Owner; and
(c) to use that information, including giving the information to any other person, to facilitate collection of debts form the Hirer and/or repossess the Goods from the Hirer.
21. USE OF INFORMATION: The information referred to in clauses 18, 19 and 20 above may be used for the following purposes and held on the following basis:
(a) To assess the Hirer’s rental application;
(b) To collect payments that are overdue;
(c) To notify other credit providers of a default by the Hirer
(d) To exchange information with other credit providers as to the status of the Hirer’s account with the Owner where the Hirer is in default with other credit providers;
(e) To assess the Hirer’s credit worthiness;
(f) It will be held securely at the Owner’s address designated on the face hereof;
(g) It will be accessible to any of the Owner’s address designated on the face hereof;
(h) The Hirer may request access to and correction of it at any time.
22. INDEMNITY: The Hirer indemnities shall keep indemnified and save harmless the Owner and the Owner’s servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising wither directly or indirectly because of or incidental to the use, operation or storage of the Goods.
23. INSTRUCTIONS IN USE: The Hirer acknowledges that they have received adequate instruction in the correct use of the Goods which includes demonstration or verbal or written instructions.
24. PERSONAL PROPERTY SECURITIES ACT 1999: The Hirer acknowledges that this clause 24 creates a security interest (“Security Interest”) (as that term is defined in the Personal Property Securities Act 1999 (“PPSA”)) in the Goods. The Hirer will at the Owner’s request promptly sign any documents, provide all necessary information and do anything else required by the Owner to ensure that the Security Interest constitutes a Perfected Security Interest (as that term is defined in the PPSA) including executing any variation to these terms and conditions reasonable requested by the Owner. The Hirer waives its right under the PPSA to receive a copy of an Verification Statement (as that term is defined in the PPSA).
If the Goods have been supplied to the Hirer for the purposes of a business, the Hirer agrees, to the extent permitted by law, that the Hirer shall have no rights under the following provisions of Part 9 of the PPSA to:-
(a) receive a notice under section 114(1) (a);
(b) receive a statement of account under section 116;
(c) surplus distributed under section 117;
(d) recover any surplus under section 119;
(e) receive notice of any proposal of the company to retain collateral under section 120(2);
(f) object to any proposal of the company to retain collateral under section 121;
(g) not have goods damaged in the event that the company were to remove an accession under section 125;
(h) receive notice of the removal of an accession under section 129;
(i) apply to the Court for an order concerning the removal of an accession under section 131; and
(j) redeem collateral under section 132;
(k) reinstate the contract under section 133.
DIRECT DEBIT SERVICE AGREEMENT
1. Drawings on the Hirer’s account will be in accordance with the conditions set out on the reverse of the Hirer’s signed Authority to Accept Direct Debits form, or in this Agreement, unless other arrangements have been approved via telephone or other means.
2. The Owner will not change the amount or the frequency of drawing arrangements without the prior approval of the Hirer.
3. The Owner shall give notice of variation to the frequency or amount of drawings by telephone or other means not less than 14 days prior to implementation.
4. In the event the Hirer wishes to make a request of deferment, an alteration to the frequency or amount of drawings to the Hirer’s account, or to change accounts the Hirer must give the Owner 14 days notice. If the Hirer gives less than 14 days notice the Owner will charge the Hirer a fee of $25.00 which will be deducted from the Hirer’s bank account.
5. The Owner will terminate the payment plan at the request of the Hirer in accordance with this Agreement. The Hirer should give the Owner notice at least 14 days prior to the next debiting date.
6. The Hirer shall direct all queries relating to the Hirer’s debits to the Owner (not to the Hirer’s bank).
7. When the due date falls on a non-business day the Owner will draw the amount on the next business day.
8. It is the Hirer’s responsibility to ensure that sufficient funds are available in the nominated account to permit payment of the drawing on its due date.
9. The Owner reserves the right to cancel this Agreement if one or more drawings are returned unpaid. Each drawing returned unpaid will incur a dishonour fee not less than $10.00.
10. The Owner will keep all information pertaining to the Hirer’s nominated account private and confidential.
These terms are in relation to LA Fitness Hire Agreement LAF……….
I/We hereby accept teg terms and conditions as stated above for the hiring of the equipment listed on this agreement.
Signed (Hirer) ………………………………. Signed (Owner) ………………………………………..
Date ……………./……………/…………. Date …………………/……………../………………..