Rental Agreement Consumer Terms and Conditions

1. What we agree to do

a) We agree to rent the Equipment to you for the initial term set out on the front page of this Agreement (“the Rental Term”) on the terms and conditions set out below:

2. What you agree to do

You agree to the following:

a) To rent the Equipment from us for the Rental Term on the terms and conditions set out below,

b) To keep the Equipment at the Premises and not permit its removal to any other premises or place without our prior written approval.

c) To take all reasonable steps to keep the Premises secure against unauthorised entry.

d) To install and operate the Equipment according to the manufacturer’s instructions and take all steps to prevent any warranties applicable to the Equipment becoming inoperative.

e) To take good care of the Equipment and use the Equipment in compliance with the law and in a good and careful and proper manner.

f) To notify us immediately if there is any loss or damage to the Equipment or if there is a defect or fault in the Equipment. We (subject to our obligations under the Consumer Guarantees Act 1993) reserve the right to refuse to service or repair the Equipment we believe if the Equipment requires such repair or servicing as a result of any deliberate act by you. If we do repair or service the Equipment in such circumstances we will claim the cost of the repair from you. We also reserve the right to refuse to service or repair the Equipment if you owe us any money under this agreement or are in breach of this agreement.

g) That we may substitute the Equipment for such periods as we deem necessary with other equipment of a similar type or model.

h) To allow us or our agents access to the Premises at any time between the hours of 7am and 10pm for the purposes of inspection, repair and adjustment or collection of the Equipment.

i) To pay the Rental Payments. The first payment is due on the First Payment Date. Each subsequent Rental Payment must be paid as frequently as set out on the front page of this agreement.

j) To make each Rental Payment to us on the due date by direct credit to our nominated bank account. Each payment you make to us is to be made free of any condition and without any deduction or withholding for any other account by way of set-off, counterclaim or otherwise.

k) We may, at our absolute discretion, decline to accept any Rental Payment from you until the due date of that payment has arrived. Any payments that are made to or accepted by us prior to the due date of payment shall be held unallocated by us, and shall not be credited to your account until the due date for the payment.

l) That your obligation to make Rental Payments is absolute and unconditional and you agree to continue to make payments even if the Equipment is unusable for any reason whatsoever.

m) If you do not make any payment as required under this agreement you must pay us interest on that amount from the due date to the date of payment at the rate of 18.9% per annum. We may also charge you an administration fee of $20 per month. We may increase or decrease these amounts at any time on one month’s notice to you in writing.

n) That the information you have provided us is true and correct.

o) Inform us of any changes in contact details of your alternative contact person(s).

3. What you agree not to do

You agree:

a) Not to allow the Equipment to become affixed to any building in such a way as to become a fixture.

b) Not to deal with or permit any dealing with the Equipment in a manner prejudicial to our ownership of the Equipment.

c) Not to part with possession of the Equipment or attempt to sell, pledge or create a security interest or permit any lien over the Equipment. You must notify us if the Equipment is taken out of your possession and advise us where the Equipment is located.

d) Not to assign any of your rights under this agreement or any rights to the Equipment.

e) Not to alter the Equipment in anyway.

f) Not to change your name ,address or contact phone numbers without first letting us know in writing of the change.

4. Can the Agreement be terminated before the end of the Rental Term?

a) We can terminate this Agreement prior to the end of the Rental Term if you breach the agreement, see clause 7 below.

b) You can terminate the Agreement prior to the end of the Rental Term on one month’s written notice to us. If you do, you must immediately pay us the balance of the Rental Payments which would otherwise have been payable by you, up to and including the Expiry Date less such rebate (if any) as we may in our absolute discretion determine.

c) The provisions of clause 9 will apply.

5. What happens at the end of the Rental Term?

a) You will be required to return the Equipment to us is good working order and condition (fair wear and term excepted) on the Expiry Date unless you have entered into a new agreement with us.

b) If the Equipment remains in your possession after the Expiry Date, you will continue to be liable to pay the Rental Payments until the Equipment is returned to us.

6. Damage Liability Waiver

a) If you have elected to pay the Damage Liability Waiver fee (“DLW Fee”) we agree to reduce your liability to us to the sum indicated as the “Excess” on the front page of this agreement in respect to each item of Equipment if the Equipment is damaged, or destroyed or lost through lightning, flood, fire, smoke, windstorm, burglary or housebreaking, bursting or leaking of fixed water installations, provided that you have:

i) Paid all Rental Payments and the DLW Fee up to and including the date of loss or damage;

ii) Complied with all the conditions of this agreement;

iii) Provided correct details in your Application Form;

iv) Reported any loss or damage to the Police within seven (7) days and to us within twentyfour (24) hours of the loss or damage occurring;

v) Fully and correctly completed any form required by us in respect of the damage or loss;

vi) Paid us the applicable “Excess” sum within thirty (30) days of the loss or damage occurring.

b) For the purposes of clause 6(a), “Burglary or Housebreaking” means the criminal taking of the Equipment from the Premises by a person feloniously entering the Premises through force or violence as shown by visible marks or damage to the Premise’s exterior made by tools or other means at the point of entry.

c) The Damage Liability Waiver does not apply to loss or damage due to moisture, scratches, mysterious disappearance, vandalism, and abandonment of the Equipment or your neglect or intentional acts.

d) If you have elected not to pay the DLW fee, you must keep the Equipment insured to its full insurable value against loss or damage by fire, theft or burglary with an independent and reputable insurer. All monies payable under such policy of insurance must be paid to us and shall be applied at our option in either making good any damage to the Equipment or towards payment of the balance owing under this agreement in which case any surplus shall be paid to you.

e) If you fail to keep the Equipment insured, it shall be at your sole risk and you will indemnify us for all loss or damage to the Equipment (excluding fair wear and tear), and you shall be obliged to complete the payment of all Rental Payments payable during the Rental Term and all other monies which may become payable under this agreement even if the Equipment may be damaged or destroyed before the Expiry Date.

7. What happens if you breach this Agreement?

If any of the following things happens:

a) You do not pay any money payable under this agreement on the date required for payment;

b) You do not comply with any term of this agreement;

c) You make a misrepresentation to us;

d) A statutory demand is served on you and you don’t remedy it in the time required;

e) You commit an act of bankruptcy or are adjudged bankrupt;

f) If we believe the Equipment is at “risk” (as construed in accordance with section 109(2) of the Personal Properties Securities Act 1999);

Then we may:

i) Immediately terminate this agreement; and

ii) Enter the Premises for the purposes of repossessing the Equipment and repossess the Equipment.

8. How may we exercise our powers in exercising powers of repossession?

a) We may enter and where necessary, break into any premises (or vehicles) where the Equipment may reasonably be expected to be held. You indemnify us against any claim arising from the exercise of this right of entry provided that the right of entry shall not be exercised in an unreasonable manner.

9. What happens after this agreement is terminated?

If the agreement is terminated the following will apply:

a) You must pay any other money payable under this agreement.

b) We can make any repairs to the Equipment which are required as a result of a breach by you of this agreement and claim the cost of the repairs from you.

c) Termination of this agreement is without prejudice to any other rights or remedies available to us under this agreement or at law or in equity or otherwise and shall not affect any provisions of the agreement which are intended to survive termination.

10. You acknowledge and agree to the following

a) That you have no ownership rights over the Equipment and shall be a baillee of the Equipment only.

b) If you are renting the Equipment for the purposes of business that the provisions of the Consumer Guarantees Act 1993 shall not apply.

c) That you have selected the Equipment yourself and that, subject to the Consumer Guarantees Act 1993 we provide no warranties as to the merchantable quality or fitness for purpose of the Equipment.

d) For the purpose of the calculation of payments due under this agreement and determination of the timing of those payments, each day shall end on 4pm on that day, and any payments received or required to be made after 4pm shall be deemed to have been made or received after the end of that day.

11. Other terms which you agree to

a) We can assign any of our rights under this agreement or rights to the Equipment at any time to any party on such terms as we think fit.

b) Time is of the essence in relation to the performance of obligations under this agreement.

c) This agreement contains all of the terms of our agreement with you. You acknowledge that in entering this agreement you have not relied on and we are not liable for any representation, statement or term which is not expressly set out in this agreement.

d) We are not liable, whether in contract or tort (including but not limited to negligence) or otherwise to you, for any loss or damage (including indirect or consequential loss and loss of business or other profits) suffered or incurred or claimed to have been suffered or incurred by you or any other person under or in connection with this agreement or the use of operation of the Equipment or result from the exercise or purported exercise of any of our rights under this agreement.

e) You agree to indemnify us against the following:

i) Any liability arising in connection with the possession or use or operation of the Equipment

ii) Any loss of, damage to or destruction of the Equipment which we believe is the result of a deliberate act by you; and

iii) Any liability, loss or expense we incur as a result of us having entered into this agreement or as a result of your default under this agreement.

f) You agree to reimburse us for all costs (including legal costs on a solicitor and client basis) incurred by us in relation to repossessing the Equipment and enforcing any of out rights under this Agreement together with any other amount as we may reasonably determine is necessary to compensate us for any administrative action take by our employees in connection with this agreement.

g) We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not enforce those rights.

h) All notices under this agreement are to be given in accordance with section 185 to 189 of the PPSA.

i) You authorise us to request information about you from other people for the purposes of this agreement and to collect that information. You also authorise us to disclose information collected by us under this clause to any potential assignee of this agreement or any other person providing us with services in connection with this agreement. You have certain rights of correction to and access to your personal information under the Privacy Act 1993.

j) This agreement cannot be varied by word of mouth. It may only be varied or modified in writing signed by both parties.

12. How to interpret this Agreement

a) Any term used in this agreement beginning with a capital letter has the meaning entered beside that term on the front page of this agreement or as described below.

b) References to “You” are references to the person described as the Renter on the front page of this agreement and references to “We” or “Us” are to the independent franchisee named on the front page of this agreement.

c) The following terms have the following meanings when used in this agreement:

i) “Equipment” means the Equipment described on the front page of this agreement and includes any equipment substituted for that Equipment and any manuals, accessories or other equipment supplied with the Equipment;

ii) “GST” means goods and services tax under the Goods and Services Tax Act 1985;

iii) “PPSA” means the Personal Properties Securities Act 1999.

iv) “Premises” means the premises at which the Equipment will be located being the installation address set out on the front page of this agreement and includes such other address where the Equipment is located whether such address has been notified to us or not.

d) Headings are for guidance only and do not affect the interpretation of this agreement.

e) References to plural include singular and vice versa.

f) References to person include (as applicable) that person’s successors, executors and permitted assigns.

g) If more than one person executes this agreement as the Renter references to ”You” in this agreement shall include each such person and every two or more of them and shall bind each such person under this agreement jointly and severally.

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