1. Rentals Payable Fortnightly in Advance

The Subscriber shall during the continuance of the hiring pay to the Company rentals at the rates and the time provided in the Schedule, the first of such rental is to be paid on the date of installation of the Goods and subsequent rentals as per Schedule thereafter whether demanded or not. If through non payment , by the due date, the Company's Representative has to call, a Fee of $25.00 per call is payable by the Subscriber in addition to any Rental due and owing to the Company.

2. Initial Payment

The Subscriber shall pay an initial payment in accordance with the Schedule on signing this Agreement.

3. Service

So long as the Subscriber fulfils his part of this Agreement the Company shall service the Goods by maintaining them in good working order and condition and the Company may if it considers necessary and in such length of time as it deems expedient replace the Goods with others of such type or model as shall for the time being be available. The Goods so substituted shall be subject to the conditions of this Agreement.

4. Suspension of service

The Company shall have the right to refuse to service the goods if in the Company's opinion that the Goods have been misused or if any rental is overdue and such refusal shall be without prejudice to the provisions of this Agreement of the Subscriber's liability for payment of rental.

5. Property in the Goods

The Goods shall remain the absolute property of the Company. The Subscriber shall not tamper with the Goods or remove them from the address shown in this Agreement without the permission of the Company nor remove from the Goods any identifying mark, labels or ownership identifications. The Subscriber shall not create any charge, lien or security upon the Goods, nor allow the same to go out of his personal control and shall notify the Company immediately of any seizure or attempted seizure thereof.

6. Access to the Goods

After the expiration of the Initial Term of Renting or if the Subscriber shall make default in payment of any rental or other sum payable under this Agreement for seven days after the same shall have become due (whether payment thereof shall have been demanded or not) on termination of this Agreement by the Company or the Subscriber or if the Subscriber shall commit a breach of or fail to observe any provision of this Agreement, the Subscriber shall return and deliver up to the Company the goods. The Company may, at its option, retake possession of the goods and the Subscriber hereby irrevocably authorises the Company to enter upon the Subscribers premises or upon any site to which the Subscriber may have access, by whatever means the Company deems necessary, for the purpose of retaking possession and the Subscriber agrees to indemnify the Company, its servants and/or its agents against any claim, however so caused, due to the Company re-taking possession of its goods.

7. Loss or Damage

The Subscriber shall be responsible for any loss or damage whatsoever caused to the Goods (whilst the Goods are hired or until returned to the Company) and, upon demand, shall pay to the Company either the cost of repairs or the value of the Goods as assessed by the Company, whichever be the lesser amount. The subscriber agrees that a Certificate signed on behalf of the Company as to such value at the date of the damage or loss shall be conclusive evidence thereof for all purposes. The Company shall not be required to replace the Goods until such amount is paid by the Subscribers. The Subscriber is required to notify the Company of any loss or damage to the Goods within forty-eight hours of such loss or damage occurring.

8. Termination by Subscriber

The Subscriber may on or after the expiration of the Initial Term of Renting, terminate this Agreement by giving one month's written notice expiring on a payment date and returning the Goods to the Company or to any address that the Company may direct before that date in good condition (fair wear and tear expected). The Subscriber shall pay rentals up to and including the date of expiry of such notice.

9. Early Termination by Subscriber during the Initial Term of Renting of 12 months

On termination of this Agreement by the Subscriber during the first 12 months after signing the Rental Agreement, the Company will recover all arrears of rental payable hereunder to the date of termination plus as a penalty for early termination, the Company will charge a fee equal to the value of the rentals due for the remaining period of the first 12 months together with any Bond paid.

10. Early Termination by Subscriber during the Initial Term of Renting of less than 12 months

On termination of this Agreement by the Subscriber before the expiration of the initial Term of Renting, The Company may recover all arrears of rental payable hereunder to the date of termination together with any Bond paid for liquidated damages for early termination.

11. Termination by the Company

The Company may terminate this Agreement at any time by giving the Subscriber 14 day's notice in writing and thereupon the Subscriber shall return and deliver up the Goods to the Company and the Subscriber shall grant every facility for the Company to recover possession of the Goods.

12. Breach or Default

If the Subscriber shall make default in payment of any rental or other sum payable hereunder for seven days after the same shall have become due (whether payment thereof shall have been demanded or not) or commit any breach of the provisions hereof then the Company without prejudice to its right to recover rental arrears and Limited Liability Cover (LLC) premiums may without notice resume possession of the said Goods at the cost of the Subscriber. The Company reserves the right to recover debt collection expenses and late fees (as specified in the Schedule) from the Subscriber in default of payment of any amount under this Agreement.

13. Acceptance of Agreement

Notwithstanding that the Goods may have been installed this Agreement is made subject to the Company's approval and within a period of one month from the date hereof the Company may without notice and without being bound to give any explanation, refund any monies then paid and retake the Goods in which event neither the Company nor the Subscriber shall be under any liability in respect of the obligations imposed by the Agreement.

14. Assignment of Rights

The Company reserves the right at any time to assign the benefit of this Agreement to any Company or person whatsoever.

15. Variation of Rentals

The fee payable for a Subscriber's Licence and Stamp Duty in respect of the Goods is included in the rentals provided at the Schedule. In the event of any increase or reduction in such Licence Fee and Stamp Duty or for any other reason the Company may vary the rentals payable by the Subscriber at any time by giving written notice of such variation to the Subscriber provided nevertheless that the Subscriber may thereupon terminate the hiring by returning the goods and paying all rental due to the date of re-delivery of the Goods to the Company.

16. Expiration of the Agreement

Upon the expiration of the initial term of renting, this Agreement shall remain in force on the basis as set out in the Schedule upon all the terms hereof.

17. No indemnity given by the Company

Except as may be implied by law, the Company shall not be liable for any direct, indirect, consequential or incidental damage to the Subscriber's business, property or for injuries to any person, howsoever caused that may arise through the use of the Goods.
The Company shall not be liable in either contract or tort for any loss, injury or damage to either person or property, howsoever occasioned and whether directly, indirectly or consequentially as a result of either the subscriber or a third party assisting in the delivery and or installation of the Goods the subject of the Rental Agreement.
The Company shall not be liable for any loss, injury, damage or costs, either direct, indirect or consequential howsoever incurred by either the subscriber or any third party as a result of the failure of the subscriber or any third party to use the Goods in accordance with the labeling and/or instructions and specifications supplied by the manufacturer or the misuse and abuse of the Goods.
The Company shall not be liable to the subscriber in contract or in tort for any claims including, but not limited to, claims for faulty design, negligent or misleading advice and any loss, injury or damage whether indirect, special or consequential to any person or property arising from a defect, fault in or the use of the products.
The Company shall not be liable to the subscriber in contract or in tort for any loss, injury or damage to any person or property arising out of, or in connection with, or relating to the performance of the products or any breach of these conditions; or any error (whether in negligence or in contract) in the information supplied to the subscriber before or after the date of the subscriber’s use of the products.

18. Use of the Goods

The Subscriber shall be held responsible in the event of any failure in the Goods if the tapes, or other supplies used by the Subscriber are not in compliance with the Company's or the Manufacturer's technical specifications or if the Goods are used beyond their capacity or in any manner other than as recommended by the Company or the Manufacturer of the Goods.

19. Company rights

All the original rights and powers of the Company under this Agreement shall remain in full force notwithstanding any neglect forbearance or delay in the enforcement thereof and the Company shall not be deemed to have waived any of the Company's rights or any provision of this Agreement or any notice given hereunder unless expressly waived in writing by the Company and no waiver by the Company of any breach by the Subscriber of this Agreement shall be deemed a waiver of any continuing or recurring breach.

20. Variation by Law

If any term or condition or any part of any term or condition of this Agreement or the application thereof shall be or become illegal, invalid or unenforceable then the same shall be severed from this Agreement and the remaining terms and conditions or any part of remaining term or condition shall not be affected thereby.

21. Bailment

Whereas the Company is the Baileee under a Bailment Agreement, it is now hereby acknowledged and agreed by the Subscriber that any Bailor, its officers, agents or servants shall have the right to regain possession of the Goods referred to in the Schedule hereto upon default either by the Company of any of the terms of the said Bailment Agreement as amended from time to time or by the said Renter of any of the terms of this Agreement and the Subscriber hereby by authorises and permits the said Bailor by its officers, agents or servants to enter upon any premises where the said goods are situated for the purpose of this clause and the Subscriber agrees that he shall have no claims whatsoever against the Bailor arising out of any exercise by the said Bailor or its right hereunder.

22. Rental Payments

All payments by the Subscriber shall be made at the place of business of the Company or to such other Person or place as the Company directs.

23. Whole Agreement

The Conditions set out on this and the proceeding page including any Annexures signed by the Subscriber, constitute the whole Agreement made between the Subscriber and the Company and no officer, servant or agent of the Company has any authority to vary, add to or omit any of the terms or conditions hereof.

24. Interpretation

In this Agreement singular words shall include plural words, words importing persons shall apply to corporations, the masculine gender shall include the feminine and neuter genders and two or more Subscribers hereunder shall be bound jointly and severally.

25. Bonds

Bonds will be repaid at the termination of the Rental Agreement less any monies due to the Company by the Subscriber under this Agreement.

26. Offer to Purchase

The Subscriber may offer to purchase the goods from the Company at any time after the expiration of six (6) calendar months from the date of delivery for a price agreed with the Company.

27. Fees and Charges

The Company reserves the right to vary any fees and charges as it may deem necessary from time to time.

28. Privacy

The Subscriber(s) acknowledges that they have made an application for a rental agreement from the Company.
The Guarantor(s), where applicable, acknowledge that they have offered to guarantee payments under the rental agreement by the applicant(s).
The applicant(s) consents that 1st Choice Appliance Rentals (and any other party who at any time provides a product or has an interest in the rental agreement) may do any of the following at any time either before, during or after the term of the rental agreement;

29. Collect your personal information

If you are going to or have in the past rented a product from a 1st Choice Appliance Rentals you consent to us collecting and holding your personal information for the purposes of providing you with relevant products or services (including assessing your application and identifying you), managing and administering those products or services and protecting ourselves, our insurer and our suppliers against fraud.
You consent to us also collecting your personal information for the purpose of letting you know about other products or services that might better serve your lifestyle needs or promotions or other opportunities in which we believe you may be interested however if you would prefer not to receive this information you have the right and we encourage you to tell us by writing to 1st Choice Appliance Rentals, P O Box 100, Macarthur Square NSW 2560.
The information collected may include your name, postal and/or email address, date of birth, financial details, tax file number or other information 1st Choice Appliance Rentals considers necessary to assess your application or vary your rental agreement once established.
Where necessary you also consent to us collecting your personal information from third parties of the nature of credit reporting agencies, your representatives (such as a legal adviser), your financial adviser, your employer, Centrelink or from other publicly available sources of information.

30. Disclosing or using your personal information

You consent to 1st Choice Appliance Rentals disclosing your personal information to the organisations described below. When we do disclose your personal information we will always seek to ensure that the information is held, used or disclosed consistently with the National Privacy Principles in Schedule 3 of the Privacy Act 1988.
Except where you tell us not to release your personal information organisations that you consent to 1st Choice Appliance Rentals disclosing your personal information to are those that help us provide, manage, promote or administer our products and services such as third party suppliers, product partners, printers, postal services, financial institutions, payment organizations, our insurers and advisers as well as your financial and legal advisers and government or regulatory bodies whose purpose is the prevention or detection of unlawful activities or fraud.
You also consent to us providing your information to credit rating agencies for the purpose of obtaining a credit rating, score, report or assessing the risk of default under the rental agreement or the likelihood that the goods, the subject of the agreement may not, where relevant, be returned upon completion of the agreement.

31. Accuracy and Currency

1st Choice Appliance Rentals always endeavors to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. If however, you believe your personal, information is not accurate, complete or up to date, please inform us by contacting us on (02) 8796 3888.

32. Protecting your personal information

We store information both in physical and electronic formats. The security of your personal information is important to us and we always endeavour to ensure it is protected from misuse and loss and unauthorised access, modification or disclosure.

Gaining access to your personal information

You have the right to be given access to your personal information except where:

• access would pose a serious threat to the life or health of any individual
• access would have an unreasonable impact on the privacy of others
• your request is frivolous or vexatious
• the information relates to a decision making process that is commercially sensitive for 1st Choice Appliance Rentals
• providing you with access would be unlawful
• providing access would infer with the enforcement activities of government authorities in relation to criminal activities and other breaches of law
• providing access would infer with our negotiations with you
• the information that you request relates to a legal dispute between us in which the information requested is privileged
• denying you access is required or authorised under law.

If you wish to access your personal information please do not hesitate to contact us on (02) 8796 3888 and we will, provided there is nothing of the nature described above that prevents us from doing so, arrange for you to be given access to personal information that 1st Choice Appliance Rentals has collected from you or from other organizations.

33. Sensitive information

We will not collect information about you that reveals your sexual orientation, ethnic origins, political affiliations, religious or philosophical affiliations, memberships of associations or trade unions, details of disabilities or any criminal record except where the information is necessary to pursue or defend a claim in equity or in law or where the collection if such information is required by law.

34. Discussing your privacy concerns

If you have any concerns about your privacy or personal information that you wish to discuss you are always welcome to contact us on (02) 8796 3888 and we will always endeavour to address your concerns. If further investigation is required we will keep you advised of the progress of the investigation and if necessary your complaint or concern will be escalated for action to one of the directors of 1st Choice Appliance Rentals.

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