Terms & Conditions

LEASE AGREEMENT – TERMS & CONDITIONS

Ownership and interest

Providing you make the rental payments in the manner and times set out in the Schedule, we grant you a right to use the goods but the goods remain our property. You must not:

(a) part with possession of the goods; or
(b) give another person an interest in the goods.

Location

You must tell us within seven days of our written request where the goods are used or ordinarily kept and, if the goods are not in your possession, you must give us all information that you have that might assist us to trace the goods.

Maintenance and insurance

You must take proper care of the goods and keep them in good working order and in good repair. You must insure at all times against loss or damage to the goods caused by fire, theft or accident.

Access

We will not enter any part of premises used for residential purpose for the purposes of taking possession of the goods unless a court has authorised the entry or, after we have informed the occupier in writing of their rights under a Consumer Credit Code, the occupier has given us consent in writing.

Taking possession

We will give you 30 days written notice of our intention to exercise a right under this lease to take possession of the goods. However, we need not give this notice if:

(a) this lease has ended; or
(b) we believe on reasonable grounds that you have disposed of the goods, or intend to dispose of the goods, contrary to the terms of this lease; or
(c) we have made reasonable attempts to locate you without success; or
(d) you are insolvent; or
(e) a court authorises us to do so.

Right of entry

Subject to cl 4 and 5, on being given reasonable notice, you must allow us or our representative at any time to enter the place where the goods are to:

(a) inspect their condition; or
(b) check whether the terms of this lease are being complied with; or
(c) exercise any of our rights under this lease.

Loss or damage

You must tell us if any of the goods are stolen, lost or destroyed. After that, in addition to any rental payment or other amounts due, you must pay on the next payment date the termination value on that date and this lease will then be terminated.

Payment

You must pay us:

the deposit bond before we deliver the goods to you, and
the rental payments on the payment dates, and
all stamp and other duties, fees, taxes and charges payable in connection with this lease, when we ask for them
- If you do not pay us a rental payment by the payment date, you must pay us a late payment fee as specified in the Schedule.

Information

You must give us any information we ask for about your financial position or the goods or insurances relating to them.

Return of goods

On the last day of the term, you must:

(a) return the goods to us in good working order, and in good repair to a place we nominate, and pay us any outstanding rental payments for the goods, or

(b) at least 10 business days before the last day reach agreement with us for a new lease period at an agreed rental amount, or

Upon termination we will return to you the deposit bond or any amount remaining after deduction of any amount then owed by you to us including for any damage to the goods.

Default

If you:

(a) do not pay all money due on time as required by this lease;
(b) part with possession of the goods;
(c) give another person an interest in the goods;
(d) do not give us the information we request in accordance with cl 2;
(e) do not take proper care of the goods; or
(f) do not insure the goods in accordance with cl 3,

we may terminate the lease by notice to you.

If we give you a notice of termination, you must immediately:

(a) return the goods to us in good working order, and in good repair;
(b) pay us the termination value for the goods calculated as at the day we give you notice; and
(c) pay us all arrears of rental payments, any rental payments due on the day we give you this notice and other payments due up to and on that day.

Termination

You may terminate this lease on any payment date by giving us five business days’ notice before the payment date. On that payment date you must:

(a) return the goods to us in good working order, and in good repair; and
(b) pay us the termination value for the goods, calculated as at that payment date; and
(c) pay us all arrears of rental payments, any rental payments due on that day and other payments due up to and on that day, or

Upon termination we will return to you the deposit bond or any amount remaining after deduction of any amount then owed by you to us including for any damage to the goods.

No offer to sell

Nothing contained in this lease is intended to be an offer to sell the goods to you and you have no right or obligation to purchase the goods from us.

Offer to purchase

You may make an offer to purchase the goods from us as provided in clause 10.

Our right to act

Subject to cl 4 and 5, if you do not return the goods when you are required to under this lease, we may enter the place where the goods are and take possession of the goods.

Acknowledgments

You acknowledge that:

(a) before signing this lease you received and read a copy of it;
(b) you have not relied on our skill or judgment in deciding to enter into this lease;
(c) on delivery you will have the opportunity of examining the goods and your acceptance of the goods at that time confirms that they are in a satisfactory condition and they are suitable for your purposes;
(d) we have not made any representation, warranty or undertaking about the condition or quality of the goods, their suitability or fitness for your purposes;
(e) to the full extent permitted by law, all express and implied terms, conditions and warranties other than the ones set out in this lease are excluded
(f) to the full extent permitted by law, we are not liable for any injury to any person or loss or damage to property arising from the possession, operation or use of the goods; and
(g) whether or not Div 2 of Pt V of the Trade Practices Act 1974 or any law to a similar effect applies, our liability for anything in relation to the goods, or their use is limited to the extent we are able to do so.

Repair of Goods

If during the term the goods are defective because of faulty materials or workmanship and require repair or replacement (at our sole discretion) and such repair or replacement requires that the goods be removed from your premises then you will permit us to take the goods for that purpose for such reasonable time as is necessary to undertake repair or replacement.

Governing law

This lease is governed by the laws in the state or territory in which it is executed and the goods are supplied. The parties irrevocably submit to the jurisdiction of the courts of that state or territory.

Severability

(a) the Consumer Credit Code or any statutory requirement would otherwise make a provision of this lease void, illegal or unenforceable; or

(b) a provision of this lease would otherwise contravene a requirement of the Consumer Credit Code or any statutory requirement or impose an obligation or liability which is prohibited by the Code or statute,

then this lease is to be read as if that provision were varied or omitted to the extent necessary to comply with the provisions of the Consumer Credit Code or statute.

Privacy Consent, Authorisation and Declaration

You agree that in us providing the goods to you it follows that we will have personal information about you. You consent to our use of that personal information in the ordinary course of business unless you revoke that consent. We will not disclose any of your personal information to a third party unless:

(a) you have authorised the disclosure, or

(b) disclosure is necessary in us providing our services to you, which may involve disclosure to a franchisor, or

(d) it is necessary for us to disclose information for the purposes of investigating or reporting to relevant authorities a reasonably suspected unlawful activity that has been, is being or may be committed, or

(e) we are required to do so by a Court of competent jurisdiction or government regulation.

You authorise us:

(a) to obtain a report about your consumer or commercial creditworthiness or financial capacity from a credit reporting agency for the purpose of assessing the offer to lease or collecting any overdue payments; and

(b) to give to and seek information regarding credit worthiness or financial capacity from a credit provider named in a credit report from a credit reporting agency.

You warrant that the information provided to us is correct in all details and that you are not an undischarged bankrupt and are not known by any other name.

Interpretation

‘Goods’ means the goods described in the Schedule.

‘Payment date’ means each date you are required to make a rental payment.

‘Rental payment’ means each amount described as a rental payment in the Schedule.

‘Termination value’ for any of the goods on a day, means 95% of the outstanding balance of the total amount of rent payable and any reasonable expenses incurred by us in recovering or attempting to recover the goods.

FORM 17

(Subsection 175(1) of the Code, Reg 105 of the Regulations)

INFORMATION STATEMENT

THINGS YOU SHOULD KNOW ABOUT YOUR CONSUMER LEASE

This statement tells you about some of the rights and obligations of yourself and your lessor. It does not state the terms and conditions of your lease.

THE LEASE

How can I get details of my lease?

Your lessor must give you a copy of your consumer lease with this statement. Both documents must be given to you within 10 days after the lessor enters into the consumer lease, unless you already have a copy of the consumer lease.

If you want another copy of your lease write to your lessor and ask for one. Your lessor may charge you a fee. Your lessor has to give you a copy:

within 10 days of your written request if the contract came into existence 1 year or less before your request; or
otherwise within 30 days.

What should my lease tell me?

You should read your lease carefully. Your lease should tell you about your obligations, and include information on matters such as:

details of the goods which have been hired; and
any amount you have to pay before the goods are delivered; and
stamp duty and other government charges you have to pay; and
charges you have to pay which are not included in the rental payments; and
the amount of each rental payment; and
the date on which the first rental payment is due and either the dates of the other rental payments or the interval between them; and
the number of rental payments; and
the total amount of rent; and
when you can end your lease; and
what your obligations are (if any) when your lease ends.

This information only has to be included in your lease if it is possible to give it at the relevant times. If your lease does not tell you all these details, contact your credit provider’s external dispute resolution scheme, or get legal advice, for example from a community legal centre or Legal Aid as you may have rights against your lessor.

Can I end my lease early?

Simply return the goods to your lessor. The goods may be returned in ordinary business hours or at any other time you and the lessor agree on or the court decides.

What will I have to pay if I end my lease early?

The amount the lease says you have to pay.

If you have made rental payments in advance then it is possible that your lessor might owe you money if you return the goods early.

Can my lease be changed by my lessor?

Yes, but only if your lease says so.

Is there anything I can do if I think that my lease is unjust?

You should talk to your lessor. Discuss the matter and see if you can come to some arrangement.

If that is not successful, you may contact your credit provider’s external dispute resolution scheme.

EXTERNAL DISPUTE RESOLUTION SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS THE FINANCIAL OMBUDSMAN SERVICE LIMITED (FOSL) AND CAN BE CONTACTED AT 1300 780 808 (EMAIL info@fos.org.au, GPO BOX 3, MELBOURNE VIC 3001.

Alternatively, you can go to court. You may also wish to get legal avice, for example from a community legal centre or Legal Aid and/or make a complaint to ASIC. ASIC can be contacted on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au.

THE GOODS

If my lessor writes asking me where the goods are, do I have to say where they are?

You have 7 days after receiving your lessor’s request to tell your lessor. If you do not have the goods you must give your lessor all the information you have so they can be traced.

When can my lessor or its agent come into a residence to take possession of the goods?

Your lessor can only do so if it has the court’s approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code.

GENERAL

What do I do if I cannot make a rental payment?

Get in touch with your lessor immediately. Discuss the matter and see if you can come to some arrangement. You can ask your lessor to change your lease in a number of ways:

to extend the term of the lease and reduce rental payments; or
to extend the term of your lease and delay rental payments for a set time; or
to delay rental payments for a set time.

What if my lessor and I cannot agree on a suitable arrangement?

If the lessor refuses your request to change the rental payments, you can ask your lessor to review this decision if you think it is wrong.

If the lessor still refuses your request, you can complain to the external dispute resolution scheme that your lessor belongs to. Further details about this scheme are set out below in paragraph 35.

Can my lessor take action against me?

Yes, if you are in default under your lease. But the law says that you cannot be unduly harassed or threatened for rental payments. If you think you are being unduly harassed or threatened, contact your credit provider’s external dispute resolution scheme or ASIC, or get legal advice.

Do I have any other rights and obligations?

The law will give you other rights and obligations. You should also READ YOUR LEASE carefully.

IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE.

PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.