Terms and Conditions
PLEASE NOTE: THIS IS A CONSUMER LEASE/RENTAL AGREEMENT
THIS RENTAL AGREEMENT is made on the date stipulated in the Schedule.
How is the agreement between us created?
You must complete the application form and provide us with all the information we request in order for us to consider whether to offer you a rental agreement.
We will assess your application, the suitability of the rental to your needs and your capacity to pay the repayments under this Agreement.
If your application is accepted, we will issue you with a rental agreement as an offer to enter into an agreement to rent Goods from us and you accept that offer by signing this Agreement and accepting delivery of the Goods.
By signing this rental agreement, you accept our offer to rent the Goods to you subject to the terms and conditions set out below. When you sign the agreement and accept the Goods, a binding fixed term agreement is created between us.
Is this the whole agreement?
This document, together with the Schedule which may be a separate document containing important information about the rental agreement and any direct debit agreement, form the entire agreement between us in relation to the Goods.
1. Terms used in the Agreement
In the Agreement some words have specific meaning. We list these words in this section.
Agreement means the agreement you have with us as explained above.
Application Form means the application form you completed and signed based upon which we will consider entering into this Rental Agreement with you.
Business Day is a day we are open for business.
Direct Debit Request Form and Agreement means the form in this name authorising us to debit your nominated account with repayments under the Agreement.
Enforcement Expenses means the legal and administrative expenses (including any internal costs) as allowed by Law which we may incur and charge you in the event of default under this Agreement.
Enabling Technology means a technology that is built into Goods that are capable of connecting to the Internet which enables the Owner to disable the Goods and or communicate with the user of the Goods as set out and subject to the provisions in clause 14.
Goods means the goods identified in the Schedule as the rental goods.
Law means the National Consumer Credit Protection Act 2009 (Cth) and related Regulations as amended from time to time and any consumer related laws such as Australian Consumer Law and the ASIC Act 2001.
Rental Agreement means this Agreement.
Rent (Rental) Adjustment means the payment you must pay us in the event this Agreement is terminated by you in default of the Term which, unless stated otherwise in this Agreement or the Schedule, is the remaining Rental Instalments from the date of termination to the expiry of the Term.
Rental Instalment means the regular rental payments under this Agreement.
Schedule means a document titled Schedule which will be given to you together with these Terms and Conditions of Rental Agreement and which discloses essential information in relation to the operation of this Rental Agreement.
Term means the term of this Agreement which is set out in the Schedule.
you means the renter (details of which are set out in the Schedule) and the person responsible under the Agreement for the rental repayments. Yours shall have the corresponding meaning.
we means Swah Investments Pty Ltd ACN 158 311 856 Australian Credit Licence 453684 of 68 Waters Drive, Seaholme Vic 3018 the lessor under this rental agreement. Us and or ours shall have the corresponding meaning.
1.1 General interpretation
The following rules also apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply:
(a) Headings are for convenience only, and do not affect interpretation.
(b) A reference to:
(i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(ii) a document or agreement includes all variations, novations or replacements;
(iii) a party to this document or to any other document or agreement includes a permitted substitute or a permitted assign of that party;
(iv) a person includes a natural person and a corporation, and includes the person and any successors in title, assigns, transferees or executors of the person;
(v) anything (including a right, obligation or concept) includes each part of it.
(c) A singular word includes the plural, and vice versa.
(d) Where any word or expression has a special meaning, any other part of speech or other grammatical form of that word or expression has a corresponding meaning;
(e) The word agreement includes an undertaking or other binding arrangement or understanding, whether or not in writing.
(f) A reference to dollars or $ is to Australian currency.
2. Agreement to Rent
We will not consider to accept an offer from you to rent Goods from us unless:
(a) You properly executed the Application Form;
(b) You provided us with all the information we require to assess your application and meet our responsible lending obligations under the Law; and
(c) You executed in our favour a Direct Debit Request Form and Agreement authorising the repayments under the Agreement or if you are a Centrelink benefit recipient, you instructed Centrepay to commence a payment schedule to pay the Rental Instalments.
3. Rental Period
The period of rental commences on the day you receive possession of the Goods and will continue, unless this Agreement is terminated earlier in accordance with the terms set herein, for the Term.
4. Rental Instalments
(a) You must pay us the Rental Instalments as well as any fees set out in the Schedule as we direct from time to time.
(b) Rental Instalments may be paid via 2 methods;
(i) by you executing a Direct Debit Request Form and Agreement which will authorise us to debit your nominated account with the Rental Instalments in the frequency as set out on the form and the Schedule; or
(ii) if you are a recipient of a Centrelink benefit, you may also pay us the Rental Instalments by using Centrepay the Centrelink payment platform. If you elect to use Centrepay, you must set up with Centrelink a deduction schedule with the details we will provide you for the Term and payment of the Rental Instalments.
(c) It is your obligation to ensure that the account from which a direct debit is made has sufficient funds to meet the Rental Instalment or that you set out a total target amount for Centrepay deduction schedule.
(d) You acknowledge and agree that failure to meet the Rental instalment is a fundamental default under this Agreement.
(e) If you amend the instructions you issued to Centrepay, Centrepay will advise us of such changes. At all time, you are responsible and liable for any changes to the Centrepay deduction and the continued obligation for payments under this Agreement.
(f) Whilst you may change, at any time, the payment instructions you issued to Centrepay under the Centrepay rules, unless you make alternative payment arrangements with us, you will be in breach of this Agreement if you change the payment instructions with Centrepay.
(g) the Schedule will set out the Rental Instalments and the frequency of payments of the Rental Instalments. If the due date falls on a day that is not a Business Day, the Rental Instalment must be paid on the first business day after the due date.
(h) Rental Instalments must be paid in clear fund without any deductions, set off or counterclaims. You are not entitled to deduct any monies that you claim are payable to you by us from the Rental Instalment.
(i) Your obligation to pay us the Rental Instalment is not dependent on the operation or your enjoyment of the Goods. Payment obligations continue until the Agreement is either terminated or is completed even if the Goods have been damaged, destroyed, lost or stolen.
(j) If you have more than one contract with us, each agreement will be treated separately and the payment obligation is independent of each other. Payment received by you will be applied by us in any manner and order we deem appropriate in order to meet your respective obligations under the Agreement or if you have more than one agreement then the agreements.
(k) Your Rental Instalments are fixed for the Term and once paid, are not refundable. If there is an error in the payment, you will need to commence the process described below in clause 19 in relation to errors and corrections including, where relevant, a dispute resolution.
(l) If any taxes apply to the Rental Instalments, we will advise you of these taxes and any changes to them during the Term. You must reimburse us for any taxes paid in relation to the Rental Instalments except for taxes that are attributed solely to our business operation like income tax.
(m) Unless otherwise specified, all amounts included in the Agreement and the Schedule, excluding the Security bond, are inclusive of GST.
5. Other Expenses and Liabilities
(a) You agree to pay to us on demand any fee, charge, tax or other payment that it is required by Law to be paid in respect of or as a consequence of this Agreement.
(b) Your rights in this Agreement are in addition and subject to and do not vary, limit or adversely affects your rights under any consumer protection laws whether State and Territory base or Commonwealth (Fair Trading legislation or Competition and Consumer Act 2010 Commonwealth).
(c) To the extent permitted by Law;
(i) We limit our liability with respect to the operation of the Goods to the repair of the Goods or the replacement of the Goods for goods of equal value and function;
(i) We exclude all liability for indirect and consequential losses or damage such as loss of income, loss of opportunity, inconvenience and interruption of business.
6. If a Rental Instalment is Paid Late
(a) Without limiting any provisions in this Agreement to the contrary, if you fail to pay a Rental Instalment by the due date or you changed the Centrepay deduction schedule without making alternative arrangements with us, you are in default under this Agreement. Without derogating from any other rights that we might have pursuant to this Agreement, we may levy a late payment fee as set out in the Schedule for every week or part thereof that the Rental Instalment, or any part of it, remains unpaid by you. The late payment fee will be added to the outstanding Rental Instalment and is payable by you on demand.
(b) You will be liable to pay us the late payment fee until the default is remedied or the Agreement is terminated.
7. Delivery and Installation
(a) We agree to free delivery of the Goods within 70km radius of the Melbourne CBD.
(b) If you ask us to deliver the Goods to an areas outside the radius set out in 6(a) we may charge a delivery charge. Delivery charges are payable on delivery.
(c) Delivery charges will be quoted to you before the Goods are delivered over the phone by one of our staff.
(d) If the Goods can be posted, we may elect to post them to you. The postal of any reasonable size package is free. Any extra postal costs will be in accordance with Australia Post charges and charged to you.
(e) You must inspect the Goods on delivery to ascertain (i) whether these are the Goods you ordered and (ii) whether the Goods are in good working order.
(f) You must advise us immediately if there is any defect in the Goods or the Goods are not the goods you ordered. If you do not advise us of any defect or delivery issue within 3 Business Days, it is assumed that the Goods are the goods you ordered and that they were delivered defect free.
(g) We will provide free installation of Goods, providing the Goods do not require professional installation and the Goods are delivered and installed at a location within the radius set out in 6(a).
(h) If the Goods require a professional installation, you must arrange for the requisite installer to install the Goods. You must pay all relevant costs associated with installation of the Goods by a requisite installer.
8. Terms and Termination
(a) The agreement commences when you signed the Agreement and Schedule. Rental Instalments obligations commence when you receive the Goods. The Agreement will continue in operation until and unless it either expires or is terminated in accordance with this clause.
(b) you may terminate this Agreement at any time before the Goods were delivered to you. Once the Goods are delivered, this is a fixed term Rental Agreement which can only be terminated in accordance with the provisions in this clause.
(c) You may terminate this Agreement at any time by returning the Goods to our premises (or as we direct). If you terminate this Agreement prior to the expiry of its fixed term as set out in the Schedule, you will be in default under the Agreement and you will be liable to pay us the Rental Adjustment.
How we May Terminate this Agreement
(d) We will not terminate the Agreement for as long as you comply with the terms of this Agreement.
(e) We reserve the right to terminate this Agreement if you are in default under this Agreement. Our respective rights and obligations in the event of default are set out below.
9. What happens at the end of the Agreement
(a) When this Agreement comes to an end at the expiration of the fixed Term, unless we agree with you otherwise and advised to you in the End of Lease Statement, you are required, at your cost, to return the Goods to our premises or as directed by us. If you fail to do so, you remain liable to us for monthly Rental Instalment for every month you retain possession of the goods.
(b) If the Goods are not returned to us in a clean or presentable condition, we reserve the right to charge you a cleaning fee to be charged at hourly rate of $25.
10. Statement of Account
(a) We will issue you with a periodic statement of account as required by Law. The statement of account will detail the period it relates to and will be for a period not exceeding 12 months. We will issue you with periodic statement on regular intervals.
(b) We will not issue you with a statement of account if you are in default and we commenced enforcement proceeding.
(c) In addition to the periodic statement we will issue, you may request us, at any time, to issue you with a statement of account and we will issue one within 14 days of your request.
(d) If you requested the additional statement orally, we may give you the information orally however if you requested the statement in writing, we will issue you with a written statement of account.
(e) The statement of account will contain such information as is required by Law which will reflect any debits and credit recorded on your account during the relevant period and any information concerning payments made and or received on your account including any outstanding payments and or corrections.
End of Lease Statement
(f) No later than 90 days before the end of this Agreement, we will issue you an end of lease statement. The end of lease statement will provide information as required by Law in regards to your obligations under this Agreement, including:
(i) the expiry date of the Agreement;
(ii) a description of you obligations under the Agreement;
(iii) payment related information;
(iv) a date by which the Goods must be returned and the manner of returning the Goods;
(v) a description of your liability if the Goods are not returned;
(vi) a statement whether we are willing to negotiate with you the sale of the Goods to you and if we are prepared to negotiate the sale of the Goods to you, an estimated sale price of the Goods and contact details through whom the sale can be completed.
(g) We do not have to issue you with an end of lease statement in the following circumstances:
(i) if you are in default under this Agreement and we wrote off the debt or commenced enforcement proceeding;
(ii) if You are deceased or are insolvent unless the trustee in bankruptcy or the personal representative of your estate asks for a statement of account.
(b) In addition to the right to seek a periodic statement of account set out in 11(c), you may request us at any time to issue you with a statement describing the payment obligations on termination or expiry of the Agreement. We will provide you with such a statement within 7 days of the request. The statement will describe your payment obligations and any other information required by Law in relation to your liability for the Goods and whether we are prepared to negotiate the sale of the goods to you.
11. The Goods, Ownership and Use
(a) At all times, title to the Goods shall remain with us. You are a lessee under this Agreement and you have no proprietary right to the Goods.
(b) The only interest or right in the Goods that you have as a consequence of this Agreement is the right to quiet enjoyment of and use of the Goods in accordance with the terms of this Agreement.
(c) You must not part with possession of the Goods or give another person an interest in the Goods.
(d) If you part with possession of the Goods, give another person an interest in the Goods, or fail to return the Goods to us on demand being made pursuant to the terms of this Agreement, you will be in default of this Agreement and considered to have misappropriated the Goods without authority.
Location of the Goods
(e) You must not relocate the Goods from the residential/installation address specified in the Application Form and or the Schedule without our written consent. We may not refuse consent unreasonably but if you remove the Goods to a location we do not service, you may not receive services from us in regards to the Goods.
(f) If the Goods are stolen, lost, destroyed or otherwise unlawfully removed from the said location you must immediately advise us. The occurrence of such incidents does not limit or excuse your obligation under the Agreement to pay the Rental Instalments.
(g) You must, within 7 days of our request, advise us of the location of the Goods or where the Goods are being used and if the Goods are no longer in your possession, you must give us all the information that you have that will assist us in locating the Goods.
(h) If you failed to provide us with information under clause 12(g), we may use the Enabling Technology to locate the Goods and disable the Goods.
Right to Inspect the Goods
(i) We reserve the right to seek to inspect the Goods by providing you with reasonable notice of not less than 5 business days. If we issue you with a notice, you must allow us access to your premises to inspect the Goods. If you do not allow us access as set out in this clause, you will be in default of the Agreement and we may seek access through the courts and charge you Enforcement Expenses.
Condition and Maintenance of the Goods
(j) The Goods are subject to Manufacturer’s limited Warranty. We do not warrant the operation of the Goods and we rely on the Manufacturer’s Warranty to address any quality defects and operational matters of the Goods. Subject to your rights under consumer law, we will liaise with the manufacturer with regards to any warranty claims and or appoint a service professional to service the Goods.
(k) You must:
(i) maintain, at your costs, the Goods at your premises in safe and good working order;
(ii) tell us, within 7 Business Days of our written request, where the Goods are used or ordinarily kept and if the Goods are not in your possession and or control, you must give us sufficient details so we can trace the Goods;
(iii) not operate the Goods in a way that is inconsistent or contrary to the Goods manufacturer’s instructions and operating manual;
(iv) If the Goods are a portable device, you are authorised to use the Goods as you deem appropriate but you must ensure that the Goods are in your possession and control at all time;
(v) If we need to use your name in any process involving the Goods, you expressly authorise us to use your name in any process or activity concerning the Goods including any legal process.
(l) You must advise us as soon as you become aware that there is a maintenance issue with regards to the Goods.
(m) If the Goods fail as a consequence of fair wear and tear or the fault is covered by the Goods warranty, we will, at our cost, either:
(i) liaise with the manufacturer to secure a replacement goods;
(ii) elect to repair the goods; or
(iii) replace the goods with goods of similar description and functionality.
(n) If the goods are damaged due to your or any other persons misuse or neglect you will be liable to reimburse us for any costs of repair incurred by us.
(o) If we attend to a service call with respect to the Goods, at your request, and it turns out that the Goods are not faulty or that the problem is not due to fair wear and tear or a manufacturer’s warranty, we reserve the right to charge you a service fee as set out in the Schedule or as we are charged by the technician.
(p) Where the Goods consist of computer equipment, we will only be responsible for the cost of installing the Goods and the initial operating software.
(q) We will not be responsible thereafter for any difficulties arising as a consequence of your use of the computer, including any software difficulties.
(r) If the computer equipment malfunctions or requires service, we will attend to it under the terms of this Agreement. If it is discovered that the malfunction or service requirement was as a consequence of a software or application you use, we reserve the right to charge you the costs of the service.
(s) You acknowledge that any software supplied with the Goods is proprietary and protected by copyright laws. You must operate any computer equipment in accordance with its operating manual and safe guard any software or application against misuse. All Goods are supplied for domestic household purposes and not commercial.
(t) When you return the computer equipment to us, you must return the software as it was supplied to you. You must remove all data from the computer. We will not be liable to any loss or corrupt data.
12. Insurance and Risk
(a) You are responsible for the Goods from the time you have possession of the Goods and until this Agreement is at an end and the Goods are returned to us.
(b) You agree that at all times during the Term you will maintain insurance against loss or damage to the Goods caused by fire, theft or accident breakage.
(c) You will continue to be liable to pay the Rental Instalments, despite the Goods being damaged, until this Agreement is terminated.
(d) If the Goods are lost or misappropriated in any way (other than as a consequence of being stolen) and we suffer loss or damage as a result, you agree to indemnify and pay us on demand any loss suffered by us as a consequence of the Goods being lost or misappropriated.
(e) If the Goods are stolen, damaged or destroyed, for whatever reason whilst the Goods are leased to you, you agree to indemnify and pay us, on demand, the loss suffered by us as a consequence of the theft of, damage to, or destruction of the Goods.
13. Enabling Technology
(a) You acknowledge that Goods that are capable of connecting to the Internet may have installed on them Enabling Technology.
(b) The Enabling Technology is built into the hardware of the device and cannot be disabled and its function cannot be distinguished or isolated from the operation of the Goods.
(c) You acknowledge and agree that we may use the Enabling Technology in the following circumstances;
(i) in the event of default, we may use the Enabling Technology to disable the device and render it inoperative;
(ii) in the event of default, we may use the Enabling Technology to send a message to you or the person in possession of the Goods; and
(ii) in the event of default, we may use the Enabling Technology to locate the Goods.
(d) We warrant and represent and your acknowledge that the Enabling Technology cannot be used by us;
(i) to view any of your information on the Goods;
(ii) to use any information on the device;
(iii) to transmit or install any information or data on the device; or
(iv) to gain access to any photos stored on the device or to any camera installed onto the device.
14. Purchase of the Goods
(a) Other than as set out in the End of Lease Statement provisions in this Agreement, you do not have the right or obligation under this Rental Agreement to purchase the Goods.
(b) If you wish to purchase the Goods from us, you may, at any time, request us to sell the Goods to you or make us an offer to acquire the Goods from us.
(c) We are not obligated to agree to sell the Goods, but may, in our absolute discretion, upon receiving a request from you, agree to negotiate the sale of the Goods to you and the purchase price.
(d) The sale price of the Goods cannot be pre determined in this Agreement, however, in any negotiation for the sale of the Goods, we will take into account;
(i) The age of the Goods;
(ii) The depreciable value of the Goods;
(iii) The term of the lease agreement; and
(iv) The condition of the Goods.
15. Event of DefaultAn event of default will occur if:
An event of default will occur if:
(a) you fail to pay a Rental Instalment;
(b) you fail to pay any other amount owed to us under this Agreement;
(c) you do not comply with any of the terms of this Agreement;
(d) any of the information that you supplied us in connection with this Agreement is incorrect or is misleading;
(e) you take advantage of the laws of bankruptcy or become externally administered in any way;
(f) you die or become incapable of managing your affairs;
(g) the Goods are damaged or destroyed;
(h) the Goods are removed, without our prior consent, from the location where they must be kept;
(i) you repudiate this Agreement;
(j) you changed any of the personal details you have provided us in this Agreement and failed to advise us of your new details; and
(k) If you temper with or attempt to temper with the Enabling Technology.
16. What happens on default?
(a) If you are in default under this Agreement we will issue you with a default notice. The default notice will set out the default and what action you are required to do to remedy the default.
(b) When we issue you with a default notice, you may, before the expiry of the default notice, give us notice requesting a postponement of the enforcement action against you. The notice can be given orally or in writing.
(c) We must consider the request and advise you, within 21 days of the request, whether we are agreeable to postpone the enforcement proceeding against you and if we are not willing to postpone then provide you
(i) with reasons for the refusal;
(ii) details of our external dispute resolution scheme; and
(iii) Your right under that scheme.
(d) We do not have to agree to postpone enforcement proceedings.
(c) If you fail to remedy the default as required under the default notice, we may terminate this Agreement immediately and commence enforcement proceeding against you. Enforcement proceedings may involve a demand to return the Goods, payment of Rental Adjustments, Enforcement Expenses and cost.
(d) You remain liable to us until you remedy the default and meet your obligations under this Agreement, pay us the Rent Adjustment and or the Goods are returned to us.
(e) If this Agreement is terminated as a consequence of your default, you must pay us the Rental Adjustment.
(f) If we need to gain access to your residential Premises for the purpose of removing the Goods, you expressly agree to us gaining access to your property and agree to execute such forms as we may require from time to time to facilitate the authority to enter the Premises.
(g) If this Agreement is terminated and we repossess the Goods, we may deal with the Goods as we deem fit.
(h) On default, we may also use the Enabling Technology to disable the Goods and or transmit any default message to you or a message to the person in possession of the Goods.
17. Enforcement Expenses
(a) You agree to indemnify us, on full indemnity basis, and pay us on demand any Enforcement Expenses incurred by us in connection with enforcing the terms of this Agreement.
18. Errors and Disputed Amounts
(a) If there is an error in a statement we sent you, you may dispute that transaction.
(b) If a statement of accounts is issued, you must dispute the liability within 30 days after you received the statement of account. If a statement of account is not issued, you must dispute the liability within 3 months after the end of this Agreement.
(c) We will investigate your complaint and respond to as soon as possible. If you dispute a transaction on the account, we will not commence any enforcement action in relation to this transaction before the expiry of 30 days from the date we responded to your dispute.
(a) If you experiences difficulties or you are unable to meet your obligations under this Agreement, you may give us a notice with details of the difficulties or inability. The notice can be given verbally or in writing (Hardship Notice).
(b) You may ask us to;
(i) extend the term of the Rental Agreement and reduce the Rental Instalments; or
(ii) extend the term of the Rental Agreement and delay the Rental Instalments for a set time; or
(iii) delay Rental Instalments for a set time.
(c) We may require additional information from you in relation to the Hardship Notice within 21 days of the request. You must provide this additional information or the Hardship Notice will be rejected.
(d) We will consider the information given and will advise you whether we are agreeable to amend this Rental Agreement as requested.
(e) We do not have to comply with your request under a Hardship Notice.
(f) If we agree to vary this Agreement following the Hardship Notice then we will, no later than 30 days after the agreement to vary is made, give you a notice settling out the particulars of the change.
(g) If we do not agree to amend the Rental Agreement under a Hardship Notice, we will give you reasons for the for the refusal and details of our external dispute resolution body.
20. Representations and Warranties
(a) You irrevocably warrant and represent that;
(i) the information you have provided us in the Application Form is true and accurate and is not misleading;
(ii) You will not remove, deface or change the Goods serial number, open its casing, alter its power cord or temper with the Goods in any way whatsoever or deal with the Goods in a manner that is inconsistent to our interest;
(iii) You will not mortgage or allow the Goods to be mortgaged by any person unless authorised by us;
(iv) You will immediately advise us if you become aware of an issue that may result in a claim against us or the Goods; and
(v) This Agreement constitute a legally binding agreement between the parties and supersedes any prior communication or understanding in relation to the subject matter.
(vi) You must not part possession with the Goods, mortgage them, dispose or assign your rights under this Agreement unless we expressly consented to such action. We may assign or dispose of our rights and or obligations under this Agreement and will give you notice as relevant.
(a) This privacy declaration contains important information about our collection, use and disclosure of personal information. Personal information is defined in the Privacy Act as information (or opinion), in any form, about an individual (not a business, company or trust) whose identity is apparent or can be ascertained from the information held.
(b) By signing this Agreement, you agree to the collection, use and disclosure of personal information as set out in this privacy notice. If you do not agree or do not provide some of the information request, we may not be able to process or accept your application.
(c) We undertake to comply with the Privacy Act 1988 (Cth) as is amended. During the application process and throughout the term, we may collect store and use your personal information. We undertake to safe guard your personal information and not to use it for any other purpose except to facilitate this Agreement and our relationship.
(d) You expressly authorise us to liaise with any credit reporting agencies/bureaus or credit providers and receive from these companies your credit file or disclose information to these companies about your credit file. Your credit file will contain information about your credit activity and any applications for credit you may have made. Your credit file may contain information about your credit worthiness, credit standing, credit default, credit history and credit capacity.
(e) If you are in default under this Agreement and the default is not remedied within the specified time in the default notice, we reserve the right to report the default to a credit reporting agency (bureau). If we report the default to a credit reporting agency, this may adversely affect your ability to secure credit in the future until the default is removed from your credit file.
(f) We do not engage or use overseas companies or suppliers to process or manage personal information we obtained through conducting business with you. If we commence using an overseas company or supplier for that purpose, we will provide you with details of that transaction.
22. Dispute Resolution
(a) If you have a compliment, inquiry or complaint that you wish to raise with us in relation to this Agreement, you can contact us by:
(a) calling us on 1800 736 826
(b) writing to us at PO Box 60 Altona North 3025
and informing us of the nature of the compliment, inquiry or complaint. If you have special needs including limited literacy skills, please let us know and we will provide further assistance.
(b) We will endeavour to resolve your complaint on the spot. If this is not possible, we will acknowledge receipt of your complaint and tell you the name and contact details of the person who is investigating your complaint.
(c) We will then investigate the complaint in a timely manner and may ask you for further information before informing you of the results of our investigation. We will resolve the dispute in accordance with our dispute resolution policy.
(d) If you are not satisfied with the resolution that we offer for the dispute, you can file a grievance with our external dispute resolution details of which are recorded on our Credit Guide and website.
23. Retention of Title and PPS Act
(a) Defined terms in this clause have the same meaning given in the Personal Property Securities Act 2009 (PPS Act).
(b) You acknowledge and agree that;
(i) that this Rental Agreement constitutes a PPS Lease and that under that PPS Lease, you are the grantor;
(ii) this Rental Agreement constitute a security agreement for the purpose of the PPS Act;
(iii) we as lessor under this Rental Agreement acquire a security interest in the Goods;
(iv) we, as lessor under this Rental Agreement, may register our security interest in the Goods under the PPS Act;
(v) Property in and title to the Goods will not pass to you until we receive full payment of the Rental Instalments;
(vi) Until we received clear payment in full for all amounts payable by you under this Rental Agreement, you must hold the Goods as the fiduciary agent and bailee for us and store those Goods so as to show that they are our property.
(vii) To the extent possible by the PPS Act, sections 96, 125, 129 and 143 are excluded from the operation of this Agreement;
(viii) Our obligation to discharge any security registration on the Personal Property Securities Register will only removed if the Rental Instalments have been paid in full;
(a) You acknowledge and agree that:
(i) After completing the Application Form but before signing this Rental Agreement, you received our Credit Guide and Form 17;
(ii) prior to signing the Rental Agreement and Schedule you received and read a copy of these terms and conditions and that you understood them;
(iii) you have not relied on any representations made by us or our agents in deciding whether to rent the Goods and to enter into this Agreement;
(iv) the full terms and conditions of this Agreement between you and us are as set out in this document and the Schedule and there are no other express or implied terms governing the relationship between you and us in respect of your rental of the Goods;
(v) to the extent permitted by Law, all express and implied terms, conditions and warranties other than the ones set out in this Agreement are excluded;
(vi) if this Agreement is entered into with us by two or more persons, each person is to be jointly and severally liable pursuant to the terms of this Agreement;
(vii) the failure by us to exercise a right or to enforce an obligation arising under this Agreement on any one occasion is not to amount to a waiver of our entitlement to rely on that right or to enforce that obligation on any other occasion;
(viii) This Agreement is governed by the laws of Victoria and the parties submit to the jurisdiction of the courts of that state;
(ix) if any term of this Agreement is prohibited by law or cannot be enforced at law, that term is to be severed from this Agreement and is not to effect the balance of the terms of the Agreement;
(x) the terms of this Agreement may not be varied unless the variation is evidenced in writing and signed by both parties;
(xi) A provision of the Agreement that is capable of taking effect after termination is to survive the termination of the Agreement
(xii) A notice under this Agreement may be communicated by a party in writing to the address of the other party as disclosed in this Agreement. Notices are deemed to be served 6 days after the date of dispatch by regular mail and the next business day if delivered by email.
(xiii) Any notice and or communication under this Agreement may be sent via electronic means (email, sms, social media etc) to the address or details you have provided us. You may cancel this authorisation to receive electronic communication by given us not less than 15 Business Days’ notice following which we will communicate with you by sending hardcopy communication to your address.
(xiii) It is your responsibility and obligation to inform us if you moved address or changed any of the details you provided us in this Agreement. If you fail to advise us of your new details, you will be in default under this Agreement. We will charge you a fee as set out in the Schedule for making inquiries into your new details.