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LEASE AGREEMENT TERMS & CONDITIONS
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Rentnow Pty Ltd ABN 24 620 814 600 Trading As Rentnow appliance
The Agreement comprises of the Agreement Schedule, these Terms and Conditions, the Direct Debit Agreement and any electronic correspondences in relation to the Agreement as agreed from time to time.
Together, these form the entire agreement between us and you in relation to the Equipment.
Part A – General Terms and Conditions
1. Definitions and Interpretation
“Agreement” means the agreement you have with us in respect of the Goods.
“Agreement Schedule” means the schedule to this Agreement describing your financial obligations and any fees and charges you are liable to pay us.
“Business Day” means a day other than Saturday, Sunday or a day on which banks and financial institutions are generally open for business in Melbourne. Where the day on or by which any thing is to be done is not a Business Day, that thing must be done on or by the next Business Day.
“Commencement Date” means the date you sign the Agreement following which we deliver the Equipment to you.
“Delivery Confirmation Statement” means a form as set out in Schedule 2 which we ask you to complete confirming that you have received the Equipment under this Agreement.
“Direct Debit Request Form” means the direct debit request signed by you which contains the direct debit request service agreement (Direct Debit Agreement) between you and us in relation to payments to be made by you under this Loan and any arrangements which replace these.
“Direct Debit” means a payment made directly from an account in accordance with a Direct Debit Request Form.
“Enforcement Expenses” means the legal and administrative expenses as allowed by the Law which we may incur in the process of enforcing our rights under this Agreement against you in the event of a default.
“Equipment” means goods;
(a) which are the subject matter of this Agreement and which are set out in the Agreement Schedule; and
(b) that are consumer goods used predominately for personal use.
“Law means the National Consumer Credit Protection Act 2009 (Cth) and related Regulations as amended from time to time.
“Manufacturer’s Warranty” means the warranty that accompanies the Goods as new goods.
“Premises” means your regular place of residence or the place where you are residing at the relevant time.
“Offer” means the offer you make to us to lease the Equipment to you subject to the conditions set out herein.
“Term” means the term of this Agreement as set out in the Agreement Schedule.
“you” means the person signing this Agreement as the renter. Your and yours shall have corresponding meanings.
“we” means Rentnow Pty Ltd ABN 24 620 814 600 Trading As Rentnow appliance Australian Credit Licence number 501622 , the lessor/owner under this Agreement and us and ours shall have corresponding meanings.
1.1 General Interpretation
The following rules also apply in interpreting this document, except where the context makes it clear that a
(a) Headings are for convenience only, and do not affect interpretation.
(b) A reference to:
(i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(ii) a document or agreement includes all variations, novations or replacements;
(iii) a party to this document or to any other document or agreement includes a permitted substitute or a permitted assign of that party;
(iv) a person includes a natural person and a corporation, and includes the person and any successors in title, assigns, transferees or executors of the person;
(v) anything (including a right, obligation or concept)includes each part of it.
(c) A singular word includes the plural, and vice versa.
(d) Where any word or expression has a special meaning, any other part of speech or other grammatical form of that word or expression has a corresponding meaning;
(e) The word agreement includes an undertaking or other binding arrangement or understanding, whether or not in writing.
(f) A reference to dollars or $ is to Australian currency.
1.2 If there is more than one, “you” means each of you separately and all of you jointly.
2. Offer to Lease and Acceptance
We have the discretion to decide whether or not to accept your Offer to enter into this Agreement.
We will not accept your Offer to enter into this Agreement with us if you have not satisfied all of the following conditions:
(a) You have signed this Agreement;
(b) You have signed the Direct Debit Form;
(c) You have supplied us with all the information we require to process this Agreement to our satisfaction.
We will also refuse to enter into this Agreement with you if we assess, on the information available to us, that the agreement is unsuitable to you or that entering into this Agreement will or may cause you hardship.
If we refuse to enter into this Agreement with you, we will not be liable to you for any loss or damage that you suffered or incurred as a result of the refusal.
3. Ownership of Equipment
a) We are the owner of the Equipment. You only have the right to use the Equipment as bailee and lessee under this Agreement.
b) You must protect our ownership of the Equipment and not attempt to sell, hire or deal with it in any way including not altering it or adding software or hardware other than in accordance with this Lease Agreement.
c) You acknowledge that this Agreement creates a registerable security interest in the Equipment. We may register our interest in the Equipment as allowed under the Personal Property Securities Act 2009 (Cth) (“PPS Act”). If the Equipment gives rise to proceeds (by being dealt with or otherwise), the “Security Interest”:
i) continues in the Equipment; and
ii) attaches to the proceeds (and nothing in this Lease Agreement will be taken to provide otherwise).
4. Disclaimer of Warranties
a) Upon delivery of the Equipment you must inspect it and satisfy yourself that the Equipment is in good operating order and condition.
b) You must rely on your own judgment as to:
i) the qualify and condition of the Equipment and its fitness and suitability for any particular purpose; and
ii) the performance of services provided by third parties.
c) All Equipment is subject to Manufacturer’s Warranty. We do not warrant the operation of the Equipment and we rely on the Manufacturer’s Warranty to address any quality defects and operational matters of the Equipment. If the Equipment is second hand goods, these may not be covered by a manufacturer’s warranty but the Equipment may be covered by a merchant warranty which we will pass on to you. We do not warrant that second hand Equipment is covered by a merchant warranty.
d) Except for applicable non-excludable consumer guarantees, rights or warranties (“Consumer Guarantees”) under consumer laws we do not give any warranties or guarantees in relation to the Equipment or any services.
e) To the extent permitted by law, we exclude all liability for indirect or consequential damage, loss of income, loss of profit or interruption of business arising out of the use of the Equipment.
f) No salesman or agent of the seller of the Equipment is authorised to act as our agent to agree or negotiate or change any term of this Lease Agreement or to make any warranties or representations about it or the Equipment, oral or otherwise. You may have rights against the seller if any of their warranties or representations are incorrect.
5. Authority to Complete and Amend Errors
You authorise us to complete any blanks or correct any errors in this Lease Agreement (including inserting serial numbers, model numbers and the Contract Number) that are clearly incorrect and the amendment of which would not have a detrimental effect on your liabilities or materially affect your obligations under this Lease Agreement.
6. Delivery of Equipment
We will deliver the Equipment to your Premises. When we deliver the Equipment, we will ask you to sign a Delivery Confirmation Statement in the form attached to this Agreement in Schedule 2.
We may require that you pay the first lease payment at the time of delivery of the Equipment. This will enable lease payments to be up to date until the first payment under the Direct Debit or Centrepay (Centrelink payment system) is processed.
7. Payments
a) You must pay to us any payments set out in the Agreement Schedule (Lease Payments) and any fees and charges by the due date.
b) If you have more than one contract with us, each payment obligation under these contracts is independent. If you make a Lease Payment and the amount is insufficient to meet your obligations under either one of the agreements you have with us, then unless you tell us otherwise, we may apply the payment to any one or more of the agreements you have with us.
c) if you have more than one contract with us and you make a Lease Payment that exceeds your payment obligation, then unless you tell us otherwise, we may apply the over payment to any one or more of the agreements you have with us.
d) Unless we agree otherwise in writing, you must pay the Lease Payments by a Direct Debit from your financial institution’s account or by enabling Centrepay (Centrelink payment system) to establish a deduction from a Centrelink payment.
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e) Lease Payments are fixed for the Term of this Agreement. Lease Payments received by us are not refundable. If a payment was made in error, you will be required to commence the dispute resolution process as set out in this Agreement so we can investigate the issue and offer a resolution, if one can be found.
f) You must pay the Lease Payments in cleared and available funds and not subject any Lease Payments to a set off or counter claim. The obligation to pay the Lease Payments is not dependent on the operation, maintenance status or your enjoyment of the Equipment. Lease Payments obligations will continue until termination or expiry of this Agreement even if the Equipment have been destroyed, lost or stolen.
g) If any taxes apply to the Lease Payments, we will advise you of these taxes and any changes to them during the term of this Agreement. You must reimburse us for any taxes paid in relation to Lease Payments except for taxes that relate to our income or capital gain tax liability as a lessor of the Equipment.
h) In addition to the payment obligations set out above, you must also pay us, within 5 Business Days of a written demand being made to you, our reasonable Enforcement Expenses we incurred in the event you breached this Agreement and we commenced enforcement proceeding or in the event you repudiated this Agreement and we accepted your repudiation. Enforcement expenses are unascertainable as at the date of this Agreement.
i) If you fail to pay us the Lease Payments on time, you are in breach of this Agreement and we may charge you a late payment fee as set out in the Agreement Schedule. We will continue to charge you the late payment fee until you remedy the default.
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j) If a Lease Payment or any other amount due under this Lease Agreement is not paid in full on time, you are in default and we are entitled to recover liquidated damages on the overdue amount and Enforcement Expenses if we commence recovery process of any overdue amount.
k) In addition, you agree to reimburse us for the amount that our bankers charge us for your dishonoured payment(s).
l) All liquidated damages are payable on demand which we may enforce by debiting the amount of any liquidated damages from your nominated bank account, however we will provide you with reasonable notice before debiting your bank account.
8. Use and Maintenance of Equipment
a) You must keep the Equipment in good repair, condition and working order, normal fair wear and tear excepted.
b) You must use the Equipment in accordance with the manufacturer’s instructions and recommendations.
c) You may modify the Equipment only with our consent.
9. Repair Warranty
a) Unless other provisions in this Agreement apply in relation to your liability for the Equipment, if the Equipment malfunctions then after two (2) authorised warranty repairs have been completed on an individual product and that individual product requires a third (3rd) repair within the first two (2) years from the Commencement Date of this Agreement, we will repair it at no extra costs to you.
b) We may elect the technical support or repairer for the Equipment at our absolute discretion.
c) We will not repair, and you will assume and bear the risk of any maintenance, loss, theft or damage to any Equipment:
i) which is not a service or warranty issue or covered under clause (a) ;
ii) where at the time of the loss, theft or damage you are in arrears under this Lease Agreement;
iii) which is covered by a manufacturer’s warranty or any other extended warranty or would have been so covered had that warranty not been voided.
iv) Caused by mechanical and/or electrical breakdown of any kind, if the breakdown/derangement occurs as a result of an external accident (e.g. power surge) and where you have been grossly negligent;
v) arising from theft, misappropriation, fraudulent, intentional or dishonest acts, or malicious damage by you, your employees, your family, any person who has unrestricted access to the Equipment, or any person to whom you have lent the Equipment or otherwise permitted to use the Equipment.
vi) occurring during or as a result of the Equipment being transported in any aircraft or watercraft unless carried as cabin baggage;
vii) that was on loan or being used for trial, testing, demonstration or exhibition;
viii) where the loss or damage is to software or data of any type whatsoever or is caused by any computer virus, worm, Trojan or the like or any other software based malfunction;
ix) for the costs of data programming, data reconstruction, data recovery or program installation or reconfiguration;
x) resulting from:
A. any consequence of war or warlike or terrorist activities;
B. ionizing radiation or radioactivity; or
C. the confiscation or destruction of any Equipment by any Government, public or statutory authority;
xi) caused by corrosion, oxidation, rust, insects, vermin, dust, dampness, dryness, cold, heat, wasting, cosmetic damage, scratching or marring, faulty workmanship or materials unless it is covered by warranty, loss of screen or image brightness or resolution, failure to perform to specifications or wearing away or wearing out of any part of any Equipment which arises from normal fair wear and tear, ordinary use or gradual deterioration; or
xii) which are expendable or consumable items including fuses, lamps, batteries, bells, chains, tapes or ribbons or any other part of any Equipment which requires periodic or frequent replacement; or
xiii) that occurred whilst the user was under the influence of drugs and/or alcohol; or
xiv) if you supply false or misleading information in relation to the incident that resulted in the loss, theft or damage.
d) You agree to indemnify us for:
i) any theft, loss or damage to the Equipment;
ii) liability for any injury or death to any person or damage to any property arising directly or indirectly from the Equipment or its use; and
iii) any loss or damage we suffer as a result of you failing to remove personal information or software as required under this Lease Agreement.
e) Incident Notification
i) If any Equipment is stolen, you must inform the Police within 48 hours of the incident, and promptly provide us with a copy of the Police report event number.
b) Within fourteen (14) days after the loss or damage occurring, you must complete an Incident Notification form and send it to us.
f) We may choose to:
A) repair the damaged Equipment with a service person of our choice; or
B) replace the affected Equipment with equipment of similar age, original specifications (excluding modifications not under this agreement) and condition, but this may not necessarily be the same make or model; or
C) release you from your future obligations under this Lease Agreement except for any payments in arrears at the time your incident was approved; or
g) Unless we release you from your obligations under this Lease Agreement, you must continue to pay Lease Payments in accordance with this Agreement.
10. Location and Inspection
a) Other than portable equipment, you must not move the Equipment from your Premises without our prior written consent.
b) You must tell us, within 7 Business Days of our written request, where the Equipment is used or ordinarily kept and if the Equipment is not in your possession and or control, you must give us sufficient details so we can trace the Equipment. You agree to provide our authorised agents and us with reasonable access to your Premises to inspect the Equipment to confirm its existence, condition and proper maintenance.
c) If you fail to provide access to us and/or our authorised agents, you are in breach of this Agreement and we may seek a court order to gain access to your Premises. If we seek a court order, you will be liable to pay us Enforcement Expenses.
11. Early Termination Option
a) The Lessee may unilaterally terminate this Lease at any time by returning the goods to the Lessor, during their business hours.
b) Upon termination by the Lessee, goods must be returned in working conditions without damage, subject to fair wear and tear, within 24 hours.
c) The Lessee will be liable for the replacement or damage caused to the goods prior to the termination of the lease.
12. Termination and Default
a) You will be considered to be in default and to have repudiated this Lease Agreement if you:
i) do not pay in full any Lease Payment or any other amounts due under this Agreement by the due date;
ii) become insolvent, bankrupt or become subject to any arrangement or composition, or as a company or business you enter administration, receivership, liquidation or external administration; or
iii) sell, sub-lease, dispose of or create a Security Interest (as defined in clause 27) in the Equipment or attempt to do any of those things.
b) We will issue you a default notice as required by Law giving you 30 days to remedy the default. If you fail to remedy the default, we may terminate this Agreement forthwith and commence enforcement action against you. Enforcement Expenses will apply to any enforcement action we commence.
c) This Lease Agreement cannot be cancelled or terminated except in accordance with its terms.
d) If you repudiate this Lease Agreement and we accept your repudiation, we may give you notice terminating this Lease Agreement, and then you must immediately:
a) pay to us the Termination Amount calculated in accordance with Clause 13; and
b) return the equipment in accordance with Clause 14.
13. Termination Amount
The Termination Amount is:
a) all overdue Lease Payments until the expiration of the Term of the Lease Agreement;
c) any liquidated damages and or Enforcement Expenses payable under this Lease Agreement.
14. Return of Equipment
a) On termination of this Lease as a consequence of a default, you must return the Equipment at your expense to a rentnow appliance office in your State as nominated by us, together with all software specified in the Agreement Schedule, all CDs, DVDs, accessories and manuals, in a good condition as the Equipment was delivered to you, except for normal fair wear and tear.
b) If it your responsibility to remove any personal data and software not specified in the Agreement Schedule that is stored on or in the Equipment before returning it to us.
c) We expressly deny all liability for any consequences arising from your failure to remove such information.
15. Repossession of Equipment
a) If you are in breach of this Lease Agreement and failed to remedy the breach and or return the Equipment to us and pay the Termination Amount, we may seek access to your Premises to repossess the Equipment. We will send you a consent form which you undertakes to execute giving us access to your Premises. If you fail to do so, we will apply to the court and seek access order to repossess the Equipment. If we seek a court order, additional Enforcement Expenses will be payable.
b) If we collected the Equipment from you and we have not terminated this Lease Agreement, you may collect the Equipment from us only if you have paid all amounts payable under this Lease Agreement, including any outstanding amounts and Enforcement Expenses.
c) If we repossess the Equipment, we may dispose of it as we deem fit and appropriate.
16. End of Term Options
This clause applies only if this Agreement comes to an end not by reason of any default.
a) On expiry of this Agreement;
(a) you may return the Equipment to us;
(b) you may continue to lease the Equipment on a monthly basis; or
(b) you may give us an offer to purchase the Equipment from us. See clause 17(d) for additional information concerning end of lease options and guide as to the value of the Equipment.
b) We reserve the right to decline your offer to purchase the Equipment from us. This Agreement is not an offer by us to pass ownership or sell the Equipment to you at the end of this Agreement nor is it an agreement for the purchase, by you, of the Equipment by instalments. You have no right and no obligation to purchase the Equipment at the end of this Agreement.
17 Periodic Statement and End of Lease Statement
a) We will give you a periodic statement of account no later than the first anniversary and every anniversary thereafter after Commencement Date.
b) We will not give you a statement of account if you are in default under this Agreement and we commenced enforcement proceeding.
c) You may, at any time, request us to issue you with a statement of account. We will issue the statement within 14 days of the request:
(i) If the request was oral the statement can be given orally however if the request was in writing, the statement of account will be provided in writing; and
(i) The statement of account issued by us under this request will include information about your account, any credit and or debits made to your account during the statement period, the Payment outstanding and any corrections to the account.
d) No later than 90 days before the end of this Agreement, we will issue you an end of lease statement. The end of lease statement will provide information as required by Law in regards to your obligations under this Agreement, including:
(i) the date the agreement ends;
(ii) Your obligations under this Agreement with regards to the Equipment;
(iii) the total amount that you would have paid under this Agreement (assuming no default);
(iv) a date by which the Equipment must be returned and information in relation to the collection or the return of the Equipment;
(v) your liability if the Equipment is not returned;
(vi) whether we are willing to negotiate with you the sale of the Equipment to you and if we are prepared to negotiate the sale of the Equipment to you, an estimate sale price of the Equipment and contact details through whom the sale can be completed.
e) As a guide:
(i) We will be open to negotiate the sale of the Equipment to you if you complied with the terms of this lease Agreement;
(ii) The sale price of the Equipment may vary and is not ascertainable at this time but we will need to account for the age of the Equipment, its market value which can be nominal and the relative high cost of handling the Equipment.
f) We will not give you an end of agreement statement of account if you are in default under this Agreement and we wrote off the debt under this Agreement or we commenced enforcement proceeding or if You are deceased or are insolvent unless the trustee in bankruptcy or the personal representative of your estate asks for a statement of account.
gf) You may request a statement of amounts payable on termination to be provided to you. If you request such a statement, We will provide you with such statement within 7 days of your request. The statement will contain information including;
(a) about the amount required to terminate this Agreement ;
(b) Your liability if this Agreement is terminated;
(c) any information required by Law in relation to your rights to the Equipment, the return of the Equipment and whether we are prepared to negotiate the sale of the Equipment to you; and
(d) any further information as required by Law.
18. Assignments
a) At law we may, without giving you notice, sell, assign or otherwise dispose of or deal with our interest in the Equipment or this Lease Agreement. To the extent that it applies, you will continue to have rights against the assignee under the National Credit Code, and the person to whom we assign has no greater rights than us.
b) You may apply to assign this Lease Agreement but you acknowledge that we are not obliged to agree. We may charge a fee to credit assess the proposed assignee even if the proposed assignee is declined.
19. Costs, Indemnities and Commissions
a) You must pay or reimburse us for:
i) all taxes (including GST) and stamp duties payable in connection with this Lease Agreement; and
ii) any expenses we reasonably incur in enforcing this Lease Agreement or incur because you have repudiated, terminated or breached this Lease Agreement, including, without limitation, any legal costs and expenses, financing break costs, costs incurred in repossessing or attempting to repossess the Equipment and costs incurred in storing and disposing of the Equipment.
b) Subject to any provision of law that prohibits the indemnity, you must indemnify us for:
i) liability for any injury or death to any person or damage to any property arising directly or indirectly from you or your agents’ fraudulent, illegal, negligent or otherwise improper use of the Equipment (except to the extent that the injury, death or damage occurs as a result of the Equipment being faulty), and
ii) a claim for patent, trademark or copyright infringement, for strict liability or for any other reason being made against us as a result of your acts or omissions or use of the Equipment which is inconsistent with its ordinary use or purpose.
c) You agree that we may pay commissions or fees to any broker, agent, dealer or other person who introduces you to us, or us to you.
20. Privacy
a) We comply with the Privacy Act 1988 (as amended) and the Australian Privacy Principles as well as the Credit Reporting Code of Conduct. Terms used in this Clause have the meaning given in the Privacy Act. In this Clause “you” includes any guarantor.
b) You have a right to request access to the personal information that we hold about you. Contact our Privacy Officer for more information.
c) Subject to the payment of any applicable fee, we agree to provide you access to, or with a copy of, the personal information that we hold about you. We can only deny access as authorised by the Privacy Act.
d) You agree to us collecting personal information about you for the purposes of:
i) us or our related companies assessing existing or future application(s) for consumer or commercial credit, managing your account, responding to your questions, enforcing our rights, performing our obligations and protecting our assets;
ii) either us, the supplier of the Equipment or any other supplier appointed by us contacting you about your end of rental term options, any trade up options or other special offers or promotions;
iii) unless you opt out by telling us that you do not consent to receive any marketing communication, us or our related companies providing you with information about our other products and services and the products and services offered by our dealers, our related companies or suppliers; and
iv) any guarantee given or to be given by you or any guarantee given or to be given by any other person as your guarantor whether to us or our related companies and the enforcement of any guarantee.
e) We collect your personal information primarily from you. You agree that we may also collect personal information about you from the supplier of the Equipment; other credit providers; insurers; credit bureaus, any of your employers, former employers, referees, banks, landlords, guarantors, accountants, lawyers and financial advisers; service providers to us (including debt collection agencies, introducers, private investigators, professional advisers); professional organisations; the internet; public and subscriber only databases; and Government authorities.
f) You agree that we can obtain from credit reporting agencies and/or any business providing information about credit worthiness consumer credit report(s), payment history and default history about you.
g) You agree that we can disclose your name, residential address and date of birth to credit reporting agencies so that the credit reporting agency can provide an assessment to us of whether the information provided by you matches (in whole or in part) the information in the credit reporting agency’s possession or control (which may include information contained in the credit information files of other individuals). This will be done for the purpose of verifying your identity as required under Australia’s anti-money laundering and counter-terrorism laws where applicable. If you would prefer us to use another form of verification, such as your passport or drivers’ licence, you must notify us and provide us with any information that we request.
h) You agree that we can disclose your personal information to:
i) any person as permitted or required by law (except this paragraph does not permit us to disclose any information of the kind referred to in section 275(1) of the PPS Act unless section 275(7) of the PPS Act applies);
ii) any of our related bodies corporate; our assignees or potential assignees; the supplier of the Equipment; any other supplier appointed by us, credit reporting agencies or any business providing information about commercial credit worthiness; other credit providers; insurers; any guarantor or proposed guarantor of your obligations to us; your assignees or proposed assignees; debt collection agencies; our banks and financial advisers; our lawyers, accountants and other professional advisers; and any suppliers or contractors to us whom may need to have access to your personal information for the purpose of providing services to us or you (including, without limitation, valuers, physical and electronic file storage suppliers, receivables management suppliers and data warehousers); and
iii) any person specifically authorised by you in writing.
i) You agree that the main consequence for you if you do not provide to us the personal information that we require, is that any application for credit is unlikely to be approved.
21. Severability
If a provision of this Agreement is inconsistent with the provision of any law then the offending provisions shall be severed and this Lease Agreement is to be read as if that provision were varied to the extent necessary to comply with the law without affecting the continued operation of the rest of this Lease Agreement in that jurisdiction or any other jurisdiction.
22. Notices
a) You must tell us if you change your bank account details or alter the Centrepay payment schedule, your business, postal or email address, or if you think there is any information that we should be aware of about your ability to comply with this Lease Agreement.
b) We can give you notice by delivering it to you personally or leaving it at, or sending it by post, facsimile or email to your home, business, postal or email address last known to us. An email notice shall be valid if not returned.
c) A certificate signed by one of our authorised officers is adequate proof of the facts stated in it relating to this Lease Agreement and rights and obligations arising under it unless you can demonstrate otherwise.
d) You consent to us and our related bodies corporate sending commercial electronic messages to you.
23. Changes to these Terms and Conditions
a) These terms and conditions may only be varied or amended by agreement of the parties. We may vary our Privacy Policy or any policy that apply to our business operation and will provide you with notice of such variation.
24 Hardship
a) If you experience difficulties or you are unable to meet your obligations under this Agreement, you may give us notice with details of the difficulties or inability. The notice can be given orally or in writing (Hardship Notice).
b) We may give you notice within 21 days of receiving the Hardship Notice requiring you to provide further and better particulars in relation to the Hardship Notice within 21 days of the date of our notice.
c) You must comply with our notice for further and better particulars in relation to the Hardship Notice and you must provide us with accurate further and better particulars. These details are critical and will assist us in deciding whether to comply with any request made by you under the Hardship Notice.
d) We will give you notice and advise of our decision in relation to the Hardship Notice within 21 days;
(a) if we do not require further information from you in relation to the Hardship Notice; or
(b) if we requested and received further information from you in relation to the Hardship Notice.
e) If we requested further information from you in relation to the Hardship Notice and you failed to provide us with this information, we will advise you of our decision in relation to the Hardship Notice within 28 days of our request for information.
f) When we communicate with you in relation to hardship, we will tell you:
(i) whether we have agreed to change this Agreement and what changes will be effected; or
(ii) whether we have not agreed to change this Agreement and the reasons why we did not agree.
g) The option that are available to us are to reduce the lease repayments for a period of time to resolve the hardship, extend the term of the lease agreement or allow you to skip payments without default. We do not have to agree to a Hardship Notice or request to amend this Agreement as a result of your hardship. If we decline your request to change this Agreement on the grounds of hardship, we will advise you of the name and contact details of our external dispute resolution scheme.
h) If we agree to vary this Agreement on the grounds of hardship, we will give you notice, no later than 30 days from the date we agreed to vary this Agreement, detailing the changes to this Agreement and any information required by Law.
(i) If:
(i) you provide us with all the information we require and you demonstrate to us that you are experiencing genuine hardship;
(ii) we endeavoured to find a solution and work with you to resolve the hardship but we were unable to,
Then unless we agree with you otherwise in relation to the purchase of the Equipment, we agree that you may terminate this Agreement by returning the Equipment to us in good working order and you will not be liable to pay us the Termination Amount.
25. Fees
In addition to any other fees and charges described in this Lease Agreement, the following fees and charges may be payable to you:
a) Dishonour Fee – Our financial institution will charge us a dishonour fee every time a Lease Payment is dishonoured. We will pass onto you the dishonour fee that our financial institution charges us for the dishonour.
b) A payment deferral fee of $15.00 where we agree to defer a Lease Payment or any other amount due under this Lease Agreement. A payment deferral fee is payable at the same time as the deferred payment is due.
c) For each failure to make a payment in full and on time we will charge you $15.00 per late payment as liquidated damages. If we charged you a Dishonour fee as set out in 25(a), we will not charge you an additional $15 late payment fee.
26. Governing Law
a) This Lease Agreement is governed by the laws of Victoria.
b) The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
27. Personal Property Securities Act
27.1 In this Clause and in this Lease Agreement, “Security Interest” includes any security interest under the PPS Act, mortgage, pledge, lien, charge, hypothecation, trust arrangement, title retention arrangement or other security interest or encumbrance
27.1 You must do anything we reasonably ask and consider necessary (at your own expense) (such as obtaining consents, signing and producing documents and getting documents completed and signed and supplying information) to:
a) Provide more effective security over the Equipment, or any other personal property over which we have a “Security Interest” for payment of money owing to us in connection with this Lease Agreement.
b) Bind yourself and any other person intended to be bound under this Lease Agreement;
c) Ensure that a “Security Interest” is enforceable, perfected (including where possible, by control in addition to registration) and otherwise effective;
d) Enable us to apply for any registration, or give any notification, in connection with a “Security Interest” created by this Lease Agreement so that the “Security Interest” has the priority we require and any notice in relation to it;
e) Enable us to exercise our rights in connection with the Equipment; and
f) Show whether you are complying with this Lease Agreement.
27.2 You must notify us in writing of any change in your name at least fourteen (14) days before you propose to change your name.
27.3 We may at your expense, apply for any registration, or give any notification, in connection with a “Security Interest” created under this Lease Agreement.
27.4 You agree that:
a) We need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) and 132(4) of the PPS Act, or any other provision of the PPS Act notified to you by us after the date of this Lease Agreement, to the extent the law permits them to be excluded;
b) We may not exercise rights under sections 142 and 143 of the PPS Act to the extent the law permits them to be excluded; and
c) We need not give any notice required under the PPS Act (including a notice of a verification statement, but not including a statement under section 135) unless the requirement to give the notice cannot be excluded.
28 Dispute Resolution
a) If you have a compliment, inquiry or complaint that you wish to raise with us in relation to this Agreement, you can contact us by:
(i) calling us on 0430060569;
(ii) writing to us at 34 Davanzo Av, Clarinda VIC 3169
(iii) emailing us at [email protected]
and informing us of the nature of the compliment, inquiry or complaint. If you have special needs including limited literacy skills, please let us know and we will provide further assistance. Where practical it is best if you complete the Complaint Form which can be downloaded from our Complaint and Dispute Policy. Any complaint or dispute is governed by our Complaint and Dispute Policy as amended from time to time.
b) We will promptly respond to all complaints we receive. However, we will prioritise complaints we consider to be urgent based on the consequences to you or any other reasonable criteria we consider appropriate from time to time.
c) We will endeavour to resolve your complaint on the spot. If this is not possible, we will:
(a) acknowledge receipt of your complaint; and
(b) tell you the name and contact details of the person who is investigating your complaint
d) This will be done by sending you an email to your designated email address setting out the relevant details.
e) In most cases, as stated in our Complaint and Dispute Policy we will seek to deal with your complaint within 21 days. We may require additional time and if we do require additional time, we will communicate with you as committed in our Complaint and Dispute Policy. If we require additional time, this may extend the complaint handling time to a total of 45 days from the initial date of lodgement. If the unresolved complaint exceeds 45 days, we will advise you in writing and specify a date when a decision can be expected, and give you regular updates.
(f) Sometimes we may require that you confirm the nature of a complaint with us in writing if we consider this to be appropriate in the circumstances.
g) If we have made a decision about the dispute and you are dissatisfied with our determination, you can escalate the dispute to our senior management or failing that you may seek to review the matter by our external dispute resolution body the details of which are set out in our Credit guide.
RENTNOW APPLIANCE
Lease Agreement Schedule
PARTIES:
RENTNOW PTY LTD (A.C.N. 620 814 600) TRADING AS RENTNOW APPLIANCE
(ABN: 24 620 814 600) Australian Credit Licence number 501622
TELEPHONE: 0430060569
AFCA NO. 40300
– AND –
|
SURNAME (CUSTOMER 1) |
FIRST NAME: (CUSTOMER 1) |
|
SURNAME (CUSTOMER 2) |
FIRST NAME: (CUSTOMER 2)
|
This is the Lease Agreement Schedule referred to in the Lease Agreement Terms and Conditions. The lease Agreement between Rentnow and you comprises of this Agreement Schedule, the Terms and Conditions Together, these form the entire agreement between us and you in relation to the Equipment.
|
CUSTOMER NUMBER |
|
|
ADDRESS |
|
|
DATE OF BIRTH |
|
|
START DATE |
|
|
END DATE |
|
|
DESCRIPTION OF GOODS UNDER THE LEASE AGREEMENT: 1. 2. MODEL/ID NUMBER/SERIAL NUMBER IF RELEVANT 1. 2. |
|
FINANCIAL INFORMATION |
AMOUNT |
WHEN IS IT DUE |
||
|
ANY PAYMENT TO BE MADE BY THE CUSTOMER ON THE DELIVERY OF THE EQUIPMENT |
$ |
FORTNIGHTLY RENT ADVANCE |
||
|
AMOUNT OF EACH LEASE PAYMENT |
$ |
|
||
|
FREQUENCY OF LEASE PAYMENTS
|
|
|
||
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TOTAL NUMBER OF LEASE PAYMENTS
|
|
|
||
|
TOTAL LEASE PAYMENTS |
$ |
|
||
|
ADDITIONAL CHARGES UNDER THE LEASE AGREEMENT
|
$15.00
$15.00
$15.00 |
DISHONOUR FEE PAYABLE EVERY TIME A DISHONOUR OF A DIRECT DEBIT OCCURS
PAYMENT DEFERRAL FEE OF PAYABLE EVERYTIME WE AGREE TO DEFER A LEASE PAYMENT
LATE PAYMENT FEE EVERY TIME A LEASE PAYMENT IS LATE.IF WE CHARGE DISHONOUR FEE OF $15, WE WILL NOT CHARGE A LATE PAYMENT FEE IN ADDITION.
|
||
I / we, the customer / customers named above, hereby:
A. Verify and declare that I/we have read through and understand the terms and conditions of the credit guide, consumer lease information and lease agreement terms and conditions.
B. Have sought legal, accounting or financial advice or if I have not done so am aware of my right to seek such advice and have voluntarily decided to dispense with such advice.
C. Accept the terms and conditions described in the consumer lease information and lease agreement terms and conditions attached to this Schedule.
D. warrant that all the information supplied to the Lessor is correct and accurate and that the Lessor may rely on such information when assessing the suitability of the lease.
SIGNED BY:____________________________________________________________
(Customer 1)
(PRINT NAME): ________________________________________________________
SIGNED BY: ___________________________________________________________
(Customer 2)
(PRINT NAME):___________________________________________________________
SIGNED ON BEHALF OF
RENTNOW:______________________________________________________
(PRINT NAME):______________________________________________________
DATE______________________________________________________________________
Schedule 2
RENTNOW APPLIANCE
Delivery Confirmation Statement
* Note- Do not sign this statement when you execute the Agreement. You must sign this statement only when the Equipment has been delivered to your Premises.
PARTIES:
RENTNOW PTY LTD (A.C.N. 620 814 600) TRADING AS RENTNOW APPLIANCE
(ABN: 24 620 814 600) Australian Credit Licence number 501622.
TELEPHONE: 0430060569
– AND –
|
SURNAME (CUSTOMER 1) |
FIRST NAME: (CUSTOMER 1) |
|
SURNAME (CUSTOMER 2) |
FIRST NAME: (CUSTOMER 2) |
I confirm that the Equipment as set out in the Lease Agreement Schedule has been delivered to me to my satisfaction.
Signature
Date
Thank you for inquiring about the Rentnow appliance service.
Please complete the form below so we can best assist you with your application.
Alternatively you can call us on 0430 060 569