Rental Service Terms

1. About

These terms are specific terms which apply to any rental equipment we rent to you.

2. Application

These service terms along with Standard Form of Agreement (which can be found at au.pacnet.com/terms-and-conditions/) together form your customer contract with us.

3. Term

Unless we state otherwise, we offer a minimum 24 month rental term on rental equipment. Either party may terminate the service with 30 days notice after the expiry of the minimum term of your rental agreement.

4. Purpose

You warrant that you will only use the rental equipment wholly or predominantly for commercial or business purposes.

5. Rent

You must:

5.1. pay us rent for each piece of rental equipment in accordance with your customer contract, or such other rental as we agree to in writing; and

5.2. pay rent to us at the same time as your monthly service fee.

6. Delivery and Maintenance

6.1. Unless we agree otherwise you:

6.1.1. are solely responsible for the setup and installation of the rental equipment; and

6.1.2. are responsible for keeping the rental equipment in good repair and good operating order.

6.2. You may request an enhanced service and maintenance plan for the rental equipment, where we agree, you must pay the additional charges that we impose for this plan.

7. Title and Risk

7.1. Title in the rental equipment will remain with us, unless we agree to sell it to you in accordance with clause 11.

7.2. This agreement does not give you any proprietary or other rights other than those expressly contained in this agreement.

7.3. Upon delivery risk in the rental equipment passes to you.

7.4. You must:

7.4.1. maintain adequate insurance (including public liability insurance for its use) for the full replacement value of the rental equipment with a reputable insurer, noting our interest in such policy of insurance;

7.4.2. provide us with a certificate of currency verifying the matters in clause 7.4.1 within 7 days of a request by us;

7.4.3. keep the rental equipment in a secure environment;

7.4.4. take all steps necessary to prevent loss or damage to the rental equipment or any part of it;

7.4.5. not sell, hire or part with possession of the rental equipment;

7.4.6. not charge, mortgage, encumber or use the rental equipment as security;

7.4.7. immediately deliver the rental equipment to us when requested to;

7.4.8. only use the rental equipment:

7.4.8.1. for its intended purpose;

7.4.8.2. in accordance with its user manual;

7.4.8.3. in a lawful manner and for lawful purposes;

7.4.8.4. in a manner consistent with the policy of insurance required in clause 7.4.1;

7.4.8.5. in a manner consistent with the manufacturer’s warranty; and

7.4.8.6. with a service we provide.

7.5. If we suffer any loss or damage because you have failed to comply with this clause 7, or because your insurer fails to pay a claim to us within 30 days of the loss, then you indemnify us against any loss or damage that we may suffer (this obligation is in addition to and not instead of any other obligation you have under this agreement).

8. Representations and warranties

8.1. Except for any express warranties in a customer contract, to the extent permitted by law we disclaim all express and implied warranties in relation to a service or a customer contract.

8.2. If during the term of this agreement the equipment no longer works, you:

8.2.1. must notify us immediately;

8.2.2. do all reasonable things that we request including returning the rental equipment to us.

9. Acknowledgments

You acknowledge that:

9.1. you are solely responsible for selecting the rental equipment and determining its adequacy for your use;

9.2. we are under no obligation to sell the rental equipment to you at anytime during or after the term;

9.3. you are deemed to have accepted the rental equipment upon delivery – except where we inadvertently deliver you rental equipment other than that which you have ordered.

10. Costs and expenses

10.1. Our rental payments are expressed as being exclusive of GST and other government duties including stamp duty – unless we advise you otherwise in writing.

10.2. You must pay any GST stamp duty or government duties that are payable on account of the rental or this agreement.

11. Rental equipment Value

11.1 If you wish to purchase the rental equipment at the end or after the minimum term, and we agree then you must pay us the fair market value of the rental equipment. For the purpose of this clause, the fair market value will be determined at our sole discretion.

11.2. If this agreement is terminated prior to the expiration of the minimum term, then you must:

11.2.1. pay us (within 7 days of the termination) a sum equivalent to the aggregate of the monthly rental for the equipment over the remaining term of the agreement e.g. if there are 3 months remaining in the minimum term and your monthly rental is $100, you must pay 3 x $100=$300; and

11.2.2. return the rental equipment to us in good repair and good operating order.

11.3. If the rental equipment is damaged or stolen after delivery to you, then you will be liable for the cost of replacing the rental equipment (with a replacement which is new and of the same or higher model) – and your obligations under this agreement will continue.

11.4. The termination value is calculated in accordance with the following table:

Contract Term At End or after Rental Term
24 months 60% of RRP
36 months 40% of RRP

12. Definitions

rental equipment hardware which we rent to you for use with our services
RRP our recommended retail price for a particular product which is the subject of a rental agreement with us (refer to our website for current details)