A.RETURN OF GOODS BEFORE INITIAL PERIOD
The initial rental rate shown herein is conditional upon the goods being rented for the whole rental period stated overleaf (” the initial period”). However, if the Renter(s) wishes to return the goods before the end of the initial period, the Renter(s) may do so PROVIDED: (I) The Renter(s) pays to PABS an amount equal to THREE (3) months initial rental rate OR the amount otherwise payable for the remainder of the initial period, whichever is the lessor; and (II) Such return is at the Renter(s) sole expense and the goods are returned in good order and condition
B. CLEANING FEE.
If the rented goods are returned unclean an appropriate cleaning fee will be applicable
C. MALFUNCTION OF APPLIANCE.
PABS agrees to repair or replace any electrically operated appliance on rental herein which has a malfunction within three days of the Renter(s) notifying PABS of malfunction and should such repair or replacement be not carried out within three days the Renter(s) shall not be liable for rental of that appliance for such period in excess of three days until such appliance is repaired or replaced. The Renter(s) indemnify PABS against any claim for loss or expense for damage due to malfunction or breakdown of the goods.
D. REFUND OF DEPOSIT.
PABS agrees to refund the security deposit as specified overleaf upon (1) receipt of the goods by PABS and (2) payment of all monies payable to PABS by the Renter(s), in accordance with the conditions herein contained. The cost of returning the rental goods shall be at the expense of the Renter(s).
E. PICKUP OF GOODS.
Should the Renter(s) require PABS to collect the goods the Renter(s) agrees to seven days notice of such requirement.
F. CHANGE OF ADDRESS.
The Renter(s) shall not move or allow to be moved the goods from the place of delivery or installation as set out herein without the permission in writing of PABS but such permission shall not unreasonably be withheld.
G. RIGHT OF ACCESS AND POSSESSION.
The Renter(s) acknowledges PABS’ title to the goods described in the Schedule overleaf and PABS’ right to the immediate possession hereof upon termination of the renting or the Renter(s) failing to comply with any of the conditions herein contained and the Renter(s) acknowledges and agrees that PABS, its employees and agents for the purposes of exercising such right to immediate possession shall have the right, using any reasonable force, to enter upon any premises where the goods are then reasonably expected to be, following PABS first having served notice in writing to the Renter(s) at least 24 hours prior to such entry. The Renter(s) shall and hereby does indemnify and hold harmless PABS from and against any liability, loss, costs, charge or expenses arising either directly out of the exercise of such right of possession and/or right to enter.
H. CARE OF OR LOSS OR DESTRUCTION OF GOODS.
The Renter(s) shall keep the said goods in good order and condition, fair wear and tear expected, at all times during the renting and upon their return to PABS and the Renter(s) indemnifies PABS for any damage to the goods. In the event of the Renter(s) failing to return the goods described in the Schedule to PABS at the termination of the renting or in the event of the said goods being lost and/or destroyed from any cause whatsoever then the Renter(s) shall be liable to pay PABS the value of the said goods such value not to exceed the retail price of the said goods at the commencement of the renting.
I. DUTY OF CARE.
PABS agrees to take all care but we will not accept responsibilty for damage(s) occuring to any persons, property and third party property.
J. LIABILITY.
You must not without PABS prior written consent attempt to part with PABS property or possessions, sell, assign, sublet, let, hire, change, alter, deface, conceal the goods, make any addition to the goods, allow any pledge, mortgage, encumbrance, charge or lien of any kind to arise or remain on the goods or any part thereof.
K. PARTIAL WAIVER.
PABS agrees that upon receipt of the rental payment on or prior to the due date as prescribed overleaf, the Renter(s) will be relieved of any liability hereunder for loss of or damage to the rented goods caused by fire, explosion, accidental discharge of water from plumbing or heating system, acts of God or any other unavoidable casualty, provided however, that the Renter(s) shall not be relieved of any liability for larceny, malicious, destructive or negligent acts committed by the Renter(s) or any other person admitted to the location of the rented goods with the acquiescence or permission of the Renter(s). This provision shall be effective only if (1) the rental payments are not in arrears (2) the Renter(s) orally informs PABS within forty-eight hours of the time of discovery thereof and (3) the Renter(s) within seven days following such oral notification send written confirmation accompanied by full details to PABS of such event.
L. OVERDUE PAYMENTS.
THE Renter(s) agrees to pay all rental payments monthly in advance without further notice from PABS. Where the Renter(s) have provided to PABS credit card and/or bank account details the Renter(s) hereby authorises PABS to automatically debit such credit cards and/or bank accounts to pay the overdue payments and all incidental costs. The Renter(s) further agrees to pay the costs of all notices, demands and proceedings which PABS deems necessary to obtain such payments.
M. GOODS AND SERVICES TAX.
PABS reserves the right to vary the rental payments at any time to reflect the introduction of, or change in the rate of any Government Value Added Tax, Consumption Tax or similar, but only to the extent that such tax is levied to PABS. If the rental payments are increased for any other reason the Renter(s) may terminate the renting by returning goods in good condition (fair wear and tear excepted) and paying all rental and any other monies due up to the date of delivery of the goods to PABS or PABS agent.
N. NOTICE OF DISCLOSURE
Notice of Disclosure of the Renter(s) credit information and agreement that PABS may seek commercial or personal credit information. Under section 18 (E) (8) (c) of the privacy act 1988 (Cth) PABS is allowed to give a credit reporting agency personal information about the Renter(s) credit application. The information which may be given to an agency is covered by Section 18 (E) (1) of the privacy act and includes: (a) The Renter(s) particulars; (b) The fact the Renter(s) has applied for credit and the amount; (c) The fact that PABS is a current credit provider to the Renter(s); (d) Details of any payment which have become overdue by more than 60 days, and for which collection action has commenced; (e) Advice that payments are no longer overdue; (f) Details of any cheques drawn by the Renter(s) which have been presented and dishonoured more than once; (g) The fact that credit provided to the Renter(s) by PABS has been paid or otherwise discharged; and (h) In specific circumstances, that in the opinion of PABS the Renter(s) has committed a serious credit infringement. If PABS considers it relevant to assess the Renter(s) application for personal or commercial credit or any subsequent application by the Renter(s) for further personal or commercial credit then the Renter(s) hereby agrees to PABS obtaining a report or any further reports from time to time, about the Renter(s) commercial activities or commercial credit worthiness and/or the Renter(s) personal credit information from a credit reporting agency and/or a business which provides information about the commercial credit worthiness of persons.