Terms & Conditions

1. DEFINITIONS:

In this Agreement:-

• Entire leasse period mean the Initial Lease Period together with any Subsequent Lease Period or period during which the Lessee is holding over.

• Lease means the lease set up by this agreement.

• Lease Rentals means the sums due by the Lessee as set out in Schedule 2.

• Machine means the plant or machine(s) described in Schedule 1.

• Security Deposit means the sum paid by the Lessee to the Lessor as a deposit against any breach by the Lessee of any provision of this Lease.

• Start Date means the start date of this Lease.

• Subsequent Lease Period means any period after the expiry of the Initial Lease Period.

2. INTERPRETATION:

• A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

• A reference to a person or party includes reference to that person's successors, legal representatives, permitted assignees and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.

• Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

• The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

• A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

• All money sums mentioned in this Lease are calculated net of GST, which will be charged when payment is due and so far as the law requires.

3. LESSEE'S WARRANTIES FOR AUTHORITY:

The Lessee warrants that:-

• He has all necessary authority to enter into this Lease;

• He has no reason to doubt his ability / the ability of the Lessee to pay all sums due under this Lease as they become due for payment.

• No person, nor governmental authority, has any right or claim which could prevent the Lessee at any time, from complying with the terms of this Lease.

4. LESSOR'S WARRANTIES AND EXCLUSIONS:

The Lessor warrants that:-

• He is the owner of the Machine and has legal title in its company/ name.

• The Machine is operational, is in good order and in safe, clean and usable condition.

• There is no right of any third party which could prevent or prejudice the use of the Machine.

• He is aware of no contractual obligation or legal right which could prevent him from entering into this Lease.

• The Lessor, not being the manufacturer or seller of the Machine, does not make any representation or warranty concerning:

• Any defect that may be present or may arise at the time of delivery of the Machine;

• Any future condition or performance of the Machine;

• All repairs and replacements of parts of the Machine shall be at the Lessee's expense and title shall remain with the Lessor.

5. THE LEASE:

• The Lease commences on date/time when you sign the contract.

• This Lease shall continue in full force and effect until the obligations of the Lessee for payment of Lease Rentals have been fully discharged.

• The Lessee may extend the Lease for another hours/ days by giving notice by phone call to the Lessor at least two hours before the expiry of the Initial Lease.

• By this Lease the Lessor lets and the Lessee takes the possession of the Machine for the Initial Lease time at the Lease Rentals and subject to the terms and provisions set out in this Lease.

• The Lessee agrees that the Machine complies with the description given in Schedule 1, is in merchantable condition and is fit for the Lessee's purpose.

• The Lessee agrees to pay the Lease Rentals in advance in the sums and on the dates set out in Schedule 2.

• The Lessee recognises that the Machine is acquired by the Lessor only for the purpose of leasing it and the Lessor has made no representation or warranty concerning the condition or performance of the Machine.

• All payments which may be due by the Lessee to the Lessor from time to time shall be treated as Lease Rentals for all purposes at law.

• Except so far as provided in this Lease, the Lessor warrants that he will not interfere with Lessee’s use of the Machine, nor allow anyone else to do so.

6.PAYMENT AND ACCOUNTS:

• All payments to be made by the Lessee shall be made in full, without any set-off or counter claim.

• Lessee will have to pay all the costs in advance at the time of leasing an equipment/ machine. I will include all the rental and security amounts which further may vary according to the machine.

7. THE SECURITY DEPOSIT:

• The Lessor confirms that it has received the sum of $200 from the Lessee as a Security Deposit.

• The Lessor may sell or liquidate the Security Deposit at any time in payment of any money which might otherwise be due to him by the Lessee.

8. DELIVERY AND POSSESSION:

• The Lessee shall be responsible for list expenses relating to set up of the agreement and delivery of the machine, if any.

• In the event that the Lessor cannot hand over the possession of the Machine to the Lessee at the beginning of the Initial Lease Period, though no fault of the Lessor, then the provisions of this Lease shall become effective from the date of possession by the Lessee.

• The Lessor shall, at the cost and expense of the Lessee, assign to the Lessee the benefit of all manufacturers’ guarantees in respect of the Machine.

• Immediately upon possession of the Machine, the Lessee shall fully examine it and shall satisfy himself that it is in good order and in safe, clean and usable condition.

• In the event there is any defect in the Machine, the Lessee shall immediately inform the Lessor of such defect. If no notice is received by the Lessor within 2 hours from time of possession (If it is leased for at least 1 day), then it shall be presumed that the Machine is in good working order and acceptable to the Lessee.

9. LESSEE’S OBLIGATIONS IN RESPECT OF THE MACHINE:

• The Lessee shall keep the Machine in good repair and condition.

• The Lessee shall obtain and maintain all licences to operate the Machine.

• The Lessee shall ensure that the Machine is operated only by properly skilled and trained personnel and shall follow the operating instructions of the manufacturer.

• The Lessee shall not remove the plates or makings affixed on the Machine, indicating the Lessor's interest and ownership.

• The Lessee shall not make any alteration, addition or improvement to the Machine without the written consent of the Lessor.

• The Lessee shall keep and maintain accurate records of all the maintenance and insurance carried out to the Machine.

• The Lessee shall not purport to sell or sub-lease the Machine, nor create any charge or lien over it without the prior written consent of the Lessor.

• The Lessee shall not allow the Machine to be used by any other person [not concerned with Lessee’s business or allowed by the Lessee to use it].

• If the Machine is lost or damaged, the Lessee shall immediately notify the Lessor. The Lessor may then choose either that the Lessee shall immediately make good such damage or that the Lessee shall assign to the Lessor all the Lessee's rights, benefits and claims under the relevant policy of insurance.

10. INSURANCE:

• The Lessee shall at its own cost keep the Machine fully insured against all kinds of risks for the Entire Lease Period on a comprehensive insurance policy with third party liability insurance without restriction or excess.

• The Lessee shall ensure that the name of the Lessor is endorsed on the insurance policy.

• The Lessee shall pay all insurance premiums punctually and shall produce to the Lessor on request the insurance policies together with evidence of payment of the premiums.

11. TAXES AND PERMITS:

• The Lessee shall pay all taxes, licence fees and other charges due to any proper authority in respect of the Machine.

• The Lessee shall obtain all permits and authorities for operating the Machine.

12. DEFAULT BY THE LESSEE AND TERMINATION:

• There shall be an "Event of Default" if:

• In the opinion of the Lessor, any representation or warranty made by the Lessee is found to be incorrect; or

• The Machine is lost, destroyed, or damaged to such an extent as to make it unfit for use, for any reason.

• Any other money payable to the Lessor remains unpaid for a period of fourteen days after notice of demand has been received by the Lessee, or

• The Machine is dealt with by the Lessee in a manner which is illegal or beyond the scope of this Lease; or

• The Lessee makes an arrangement for the benefit of its creditors; or

• The Lessee or any other person takes any action indicating that it is insolvent.

• Each Event of Default stands on its own, independently from any other Event of Default and shall not be limited by another Event of Default.

• When an Event of Default happens:

• This Lease terminates automatically;

• The Lessee must inform the Lessor immediately;

• The Lessor may make whatever arrangements it decides in order to re-take possession of the Machine;

• Every expense of the Lessor arising from the Event of Default shall be a debt due to him by the Lessee.

13. CONSEQUENCES OF TERMINATION:

When this Lease terminates, whether or not by expiry of the Initial Lease Period or Entire Lease Period:

• The Lessee shall deliver the Machine to the location written in signed contract in NSW the Lessor shall specify, within 14 days.

• If the Lessee or the Guarantor is prevented by law from delivering the Machine to the Lessor, or if the Lessor so decides in any event, the Lessor may collect the Machine. If it does so, all cost in connection with its taking possession, transporting and storing the Machine shall be a debt due by the Lessee.

• All obligations of the Guarantor remain unaffected.

• So long as the Machine is not in the physical possession of the Lessor, it shall remain in the possession of the Lessee as bailee.

• The Lessee shall pay all expenses and costs incurred by the Lessor in retaking possession of and selling or attempting to sell the Machine and/or enforcing its rights under this agreement.

• All costs of restoring the Machine to the condition in which the manufacturer would expect it to be, having regard to its age and usage, and assuming it had been fully maintained, shall be a debt due by the Lessee to the Lessor.

• If any debt remains due to the Lessor, it may realise the Security Deposit. An account shall be taken and any balance due to the Lessee shall be paid to him immediately.

14. LIMITATION OF LIABILITY:

• Neither party shall be liable to the other in any possible way, for any loss or expense which is:

• Indirect or consequential loss; or

• Economic loss or other loss of turnover, profits, business or goodwill.

• Nothing in this agreement excludes liability for fraud.

• This paragraph (and any other paragraph which excludes or restricts the liability of the Lessor) applies to the Lessor’s directors, officers, employees, subcontractors, agents and affiliated companies as well as to the Lessor itself.

15. ASSIGNMENT:

• This agreement shall be binding upon any successor, permitted assignee or transferee of either party.

• The Lessee shall not assign or transfer any of its rights or obligations without the prior written consent of the Lessor [which may be withheld without giving a reason].

• The Lessor may assign its rights and obligations to any other person without the consent of the Lessee. OR

• The Lessor agrees that during the Entire Lease Period, it shall not sell or transfer the Machine to any party except as to mortgage or create a charge in favour of [a Bank or Financial Institution]. Upon such transfer it shall inform the Lessee of any such mortgage or charge.

• The Lessor may disclose to a potential assignee such information about the Lessee as the Lessor shall consider reasonable and appropriate.

16. INDEMNITY:

Lessee agrees to indemnify the Lessor against all costs, claims and expense arising directly or indirectly from:

• His failure to comply with the law ;

• His breach of this agreement;

• Any act, neglect or default by any agent, employee, licensee of the Lessee;

• A contractual claim arising from Lessee’s use of the Machine

• A contractual claim arising from the Lessee's non payment of the Lease Rentals, Security Deposit or any other payment due under this agreement.

17. MISCELLANEOUS MATTERS:

• No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or its authorised representative.

• So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

• The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

• Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 17.9 Unless otherwise stated, this agreement does not give any right to any third party.

• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

• This agreement may be executed in duplicate counterparts each of which shall be considered an original and all or any one of which constitute one and the same instrument.

• The validity, construction and performance of this agreement shall be governed by the laws of the State of NSW.