Payment and Default. a) The Lessee must pay the Rental Instalments and any Fees as set out in the Schedule at the amount and in the frequency as set out in the Schedule. Rental Instalments are paid in advance. The date of the first Rental Instalment is set out in the Schedule. b) The Rental Instalments are fixed for the Term of the Rental Agreement. c) The Lessee may pay the Rental Instalments by: i. setting up a direct debit from the Lessee’s nominated account and executed the direct debit service agreement with the Owner; or ii. setting up a direct deduction from the Lessee’s Centrelink/Centrepay account; or iii. any other means as agreed with the Owner from time to time. d) The Lessee may change the method of payment under this Rental Agreement but must advise the Owner of the change. Failure to advise the Owner of the change of payment mechanism is a breach of this Agreement. e) Each of the following constitutes an event of default under this Agreement entitling the Owner to terminate this Agreement following a notice of default and failure of the Lessee to remedy the default; i. If the Lessee fails to make the Rental Instalment as set out in the Schedule; ii. If the Lessee is in breach of any obligation under this Agreement other than payment obligation and such a breach continues for 7 days after the Lessee was advised to remedy the breach; iii. If the Lessee advises the Owner that he has an insurance policy that covers the Goods and the Lessee cancels the policy or does not renew the policy when it falls due; iv. If the Lessee enters into any arrangement with the Lessee’s creditors or is bankrupt, unless the owner agrees otherwise, the Lessee must return all goods to the owner prior to entering into any form of bankruptcy; or v. If the Lessee tempers with or attempt to temper with the Enabling Technology. f) The Owner may, at its absolute discretion, require the Lessee to pay the Bond. The Bond is a security deposit with the purpose of ensuring the return of the Goods at the end of the Rental Agreement in a reasonably working order Fair Wear and Tear excluded. g) The Owner reserves the right to use the Bond if the Goods are returned not in a reasonable working order or the Goods are dirty. h) The Lessee must pay to the Owner the Fees and Charges as set out in the Schedule including any dishonour or late fees. The Fees and Charges are fixed for the Term of the Rental Agreement except for any government duties and levies. If a government duty or levy (such as stamp duty or Goods and Services Tax) are imposed under the Rental Agreement and it’s varied during the Term, the Owner may vary this Agreement accordingly. i) If the Lessee is in default under this Agreement, the Owner will issue a default notice to the Lessee demanding that the Lessee remedy the default within 30 days. If the Lessee remedies the default before the expiry of the default notice then the issue is remedied. j) If the Lessee does not remedy the default, this Agreement may be terminated by the Owner and enforcement action commencing against the Lessee and repossession action of the Goods. k) Termination of this Rental Agreement due to a default does not change, amends or vary the Lessee’s financial obligations and liability for the Rental Instalments for the duration of the Rental Agreement. l) The Lessee may ask the Owner to postpone any enforcement action. The notice may be in writing or verbal. The Owner must consider the request and advise the Lessee within 21 days of the request whether the Owner is agreeable to postpone the enforcement proceeding against the Lessee and if the Owner does not agree to postpone then provide the Lessee with reasons for the refusal and details of the Owner’s external dispute resolution scheme and the Lessee’s right under that scheme. The Owner does not have to agree to postpone enforcement proceedings. m) If this Agreement is terminated due to a default of the Lessee; i) the Lessee must deliver to the Owner the Goods in a good working order Fair Wear and Tear excluded; ii) the Owner may collect the Goods from the Lessee; iii) the Owner will provide the Lessee with an access to premises form and the Lessee must sign that form and grant the Owner access to the Lessee’s premises for the purpose of recovering the Goods; iv) If the Lessee refuses to grant access to the Lessee’s premises, the Owner may apply to the court seeking an order to gain access to the premises to recover the Goods. If this occurs, enforcement expenses will be added to the costs of the lease; v) the Lessee irrevocably appoints the Owner as his attorney for the purpose of executing such documents and forms as are necessary in any enforcement or repossession proceedings; vi) the Lessee will remain liable to the Owner for monies still owing under the Agreement at termination including reasonable enforcement expenses and If the Owner recovers the Goods from the Lessee, the Owner may deal with the Goods as it deems fit; vii) all monies owing under this Agreement become due and payable immediately. n) The Lessee agrees to indemnify and to continue to indemnify the Owner against all losses, costs and expenses the Owner incurs or suffers as a consequence of the Lessee’s use of the Goods or a breach of this Agreement including, without limitation, to any loss of rent for the Goods and enforcement expenses and against any claim arising out of the Lessee’s use of the Goods.
Appears in 1 contract
Sources: Rental Agreement
Payment and Default. a) The Lessee must pay the Rental Instalments and any Fees as set out in the Schedule at the amount and in the frequency as set out in the Schedule. Rental Instalments are paid in advance. The date of the first Rental Instalment is set out in the Schedule.
b) The Rental Instalments are fixed for the Term of the Rental Agreement.
c) The Lessee may pay the Rental Instalments by:
i. setting up a direct debit from the Lessee’s nominated account and executed the direct debit service agreement with the Owner; or
ii. setting up a direct deduction from the Lessee’s Centrelink/Centrepay account; or
iii. any other means as agreed with the Owner from time to time.
d) The Lessee may change the method of payment under this Rental Agreement but must advise the Owner of the change. Failure to advise the Owner of the change of payment mechanism is a breach of this Agreement.
e) Each of the following constitutes an event of default under this Agreement entitling the Owner to terminate this Agreement following a notice of default and failure of the Lessee to remedy the default;
i. If the Lessee fails to make the Rental Instalment as set out in the Schedule;
ii. If the Lessee is in breach of any obligation under this Agreement other than payment obligation and such a breach continues for 7 days after the Lessee was advised to remedy the breach;
iii. If the Lessee advises the Owner that he has an insurance policy that covers the Goods and the Lessee cancels the policy or does not renew the policy when it falls due;
iv. If the Lessee enters into any arrangement with the Lessee’s creditors or is bankrupt, unless the owner agrees otherwise, the Lessee must return all goods to the owner prior to entering into any form of bankruptcy; or
v. If the Lessee tempers with or attempt to temper with the Enabling Technology.
f) The Owner may, at its absolute discretion, require the Lessee to pay the Bond. The Bond is a security deposit with the purpose of ensuring the return of the Goods at the end of the Rental Agreement in a reasonably working order Fair Wear and Tear excluded.
g) The Owner reserves the right to use the Bond if the Goods are returned not in a reasonable working order or the Goods are dirty.
h) The Lessee must pay to the Owner the Fees and Charges as set out in the Schedule including any dishonour or late fees. The Fees and Charges are fixed for the Term of the Rental Agreement except for any government duties and levies. If a government duty or levy (such as stamp duty or Goods and Services Tax) are imposed under the Rental Agreement and it’s varied during the Term, the Owner may vary this Agreement accordingly.
i) If the Lessee is in default under this Agreement, the Owner will issue a default notice to the Lessee demanding that the Lessee remedy the default within 30 days. If the Lessee remedies the default before the expiry of the default notice then the issue is remedied.
j) If the Lessee does not remedy the default, this Agreement may be terminated by the Owner and enforcement action commencing against the Lessee and repossession action of the Goods.
k) Termination of this Rental Agreement due to a default does not change, amends or vary the Lessee’s financial obligations and liability for the Rental Instalments for the duration of the Rental Agreement.
l) The Lessee may ask the Owner to postpone any enforcement action. The notice may be in writing or verbal. The Owner must consider the request and advise the Lessee within 21 days of the request whether the Owner is agreeable to postpone the enforcement proceeding against the Lessee and if the Owner does not agree to postpone then provide the Lessee with reasons for the refusal and details of the Owner’s external dispute resolution scheme and the Lessee’s right under that scheme. The Owner does not have to agree to postpone enforcement proceedings.
m) If this Agreement is terminated due to a default of the Lessee;
i) the Lessee must deliver to the Owner the Goods in a good working order Fair Wear and Tear excluded;
ii) the Owner may collect the Goods from the Lessee;
iii) the Owner will provide the Lessee with an access to premises form and the Lessee must sign that form and grant the Owner access to the Lessee’s premises for the purpose of recovering the Goods;
iv) If the Lessee refuses to grant access to the Lessee’s premises, the Owner may apply to the court seeking an order to gain access to the premises to recover the Goods. If this occurs, enforcement expenses will be added to the costs of the lease;
v) the Lessee irrevocably appoints the Owner as his attorney for the purpose of executing such documents and forms as are necessary in any enforcement or repossession proceedings;
vi) the Lessee will remain liable to the Owner for monies still owing under the Agreement at termination including reasonable enforcement expenses and If the Owner recovers the Goods from the Lessee, the Owner may deal with the Goods as it deems fit;
vii) all monies owing under this Agreement become due and payable immediately.
n) The Lessee agrees to indemnify and to continue to indemnify the Owner against all losses, costs and expenses the Owner incurs or suffers as a consequence of the Lessee’s use of the Goods or a breach of this Agreement including, without limitation, to any loss of rent for the Goods and enforcement expenses and against any claim arising out of the Lessee’s use of the Goods.
Appears in 1 contract
Sources: Rental Agreement