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© 2009 - HOUSE OF COMPUTER RENTALS
Our Standard Terms and Conditions
1. The Equipment.
Shall remain the sole and absolute property of House-Of-Computer-Rentals (HOCR) and the customer shall not sell, assign, pledge, underlet, lend or otherwise part with possession of the equipment and shall not without HOCR’s written consent remove the equipment from the address at which it is delivered. The customer will protect the equipment against distress, execution or seizure and indemnify HOCR against all losses, however they occur.
2. Rental Period.
a) Unless otherwise agreed the Renter will return the Rented Property at the completion or termination of the Rental Agreement. Any costs of return are to be borne by the Renter. If the completion date falls on a weekend or public holiday then the Rented Property must be returned by 5.00pm on the last working day prior to the completion date. (Office hours are 08.30am to 5.00pm Monday to Friday).
b) If the Rented Property is not returned to House-Of-Computer-Rentals (HOCR) by the end of the Rental Period then a pro rata daily charge will be made (based on 7 days for a weekly agreement type and 30 days for a monthly agreement type) related to the original terms and conditions. HOCR reserves the right (at its discretion) to deem the rent to be extended until the Rented Property is returned and also to arrange for the recovery of the Rented Property at cost to the Renter.
c) If you do not have a twenty-four hour (24) reservation on function space over a multiple day event, HOCR reserves the right to charge additional labour fees for equipment removal and installation should the venue re-sell the space during the course of the event.
d) All equipment cancellation within two (2) working days prior to delivery will be charged at 50% plus other applicable charges.
e) All equipment cancellation within twenty-four hours (24) prior to delivery will be charged at 100% plus other applicable charges.
f) Equipment cancellation after delivery will be charged at 100% plus delivery.
3. Payment Terms.
Rent is payable in advance. Delivery/pickup, installation, consumables and software loading, if required, are extra to rental charges and are payable in advance as agreed. All amounts expressed in this order are exclusive of GST and HOCR will issue an invoice, which complies with the form of tax invoice required in accordance with the regulations to the A New Tax System (Goods and Service Tax) Act 1999. Payment is to be made on collection or delivery of the rented products for the first invoice associated with this agreement and within 14 days for any subsequent invoices. The Renter agrees to pay all invoices within the payment terms.
Should the Renter fail to pay any invoice within the specified time then HOCR reserves the right to:-
i) Cancel the Rental Agreement without notice and recover the Rented Property at cost to the Renter.
ii) Charge the Renter interest at a rate of 18% per annum (1.5% accumulated monthly) accumulated monthly and calculated from the date of invoice until paid in full.
Charge Renter for any costs incurred in the recovery of any debts including all legal costs on a solicitor/client basis.
Charge the Renter retail replacement costs of a current model new item of the same brand or similar quality brand available of any Rented Property not returned to HOCR.
Furthermore the Renter agrees to pay these charges and accepts these terms and to allow entry by HOCR or his agents to the premises where the equipment is present should HOCR wish to recover the Rented Property.
Where any amount is outstanding at the time of termination of the rental, or at any other time, the customer expressly authorises HOCR to charge such amount to any current credit card account, held in the name of the customer.
4. Change of Address.
The Renter will notify HOCR without delay of any change of address or telephone number during the period of this agreement.
5. Care of Products.
The condition of the Rented Property is recorded on the Rental Agreement. The Renter will take good care of the Rented Property. Any damage (other than fair wear and tear) will be repaired by HOCR or its appointee and will be charged to the Renter. If any of the Rented Property is lost or stolen during the Rental Period, or extensions thereof, HOCR reserves the right to charge the Renter the retail price of the lost or stolen item/s. In the event of loss or damage of the Rented Property the rental charges will continue until the Retail Price of the Rented Property is paid for in full by the Renter which amount is in addition to the rental charges paid.
6. Insurance.
The customer shall indemnify HOCR, and keep HOCR indemnified against all loss of, or damage to, the equipment howsoever occasioned, and the customer shall at his own expense insure the equipment to its full replacement value, against loss or damage from any cause, The customer agrees to be responsible for insuring the equipment fully until such time as HOCR receives the equipment. The customer shall continue making rental payments to HOCR until the full value of the loss or damage has been paid to HOCR.
HOCR’s responsibility to you will not exceed refund of the rental charges paid, or supply of substitute goods for another rental period of equal value.
7. Indemnity.
The Renter hereby agrees to indemnify and keep indemnified HOCR from and against all costs, action, liabilities and suits including the payment of HOCR's legal fees, arising out of or in any way related to:-
a) the Renter's breach of any provision of the Rental Agreement.
b) any loss or damage resulting from the use of the equipment, in particular, but not limited to, personal injury, direct or indirect consequential loss or loss of data caused by fault or computer virus.
8. Equipment Malfunctions.
Should the Rented Property malfunction for reasons other than misuse or accidental damage, then HOCR will repair the product at no charge to the Renter (other than for freight if the product is outside the Perth Metropolitan area defined for this purpose as within 30 kilometres of the Perth GPO). If the Rented Property is outside the Perth Metropolitan area and the Renter chooses not to return the Rented Property to HOCR for repair then repair costs are at the expense of the Renter. In the case of malfunctions or damage caused by accident or misuse the Rented property will be repaired by HOCR or its appointee and charged to the Renter. In the event of malfunction HOCR reserves the right to replace the Rental Property with an equivalent system.
9. Consumables.
The rental price does not include consumable products (e.g. laser printer toner). The Renter agrees to use only consumable products which are approved by the manufacturer of the Rented Property and not to use re-inked or refurbished consumables. Any consumables supplied with the Rented Property will be paid for by the Renter.
10. Taxes and Government Charges
Unless otherwise specified the rental price shall exclude all taxes (except State Government Rental Tax). Should additional taxes or government charges be introduced or the rate of any applicable tax or government charge change then HOCR reserves the right to adjust the rental price to include such changes or new taxes or government charges.
11. Software
If any Operating System or Application Software is included in the Rental Agreement then the Renter guarantees that the only copies of these made will be for the purpose of security back-up. Further to this the Renter undertakes to destroy any such back-up copies at the completion of the Rental Period or any extension thereof.
12. Microsoft end user licence agreement
The Renter hereby acknowledges that its use of the Microsoft software accompanying the Rented Property is governed by the Microsoft end user licence agreement.
13. No Warranty of Suitability
The Renter agrees that the Renter gives no warranty or guarantee as to the suitability of the Rented Property for any task or purpose proposed by the Renter for its use.
14. Severance
If any term or condition of this Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this agreement shall be valid and enforceable to the fullest extent permitted
by law.
1. The Equipment.
Shall remain the sole and absolute property of House-Of-Computer-Rentals (HOCR) and the customer shall not sell, assign, pledge, underlet, lend or otherwise part with possession of the equipment and shall not without HOCR’s written consent remove the equipment from the address at which it is delivered. The customer will protect the equipment against distress, execution or seizure and indemnify HOCR against all losses, however they occur.
2. Rental Period.
a) Unless otherwise agreed the Renter will return the Rented Property at the completion or termination of the Rental Agreement. Any costs of return are to be borne by the Renter. If the completion date falls on a weekend or public holiday then the Rented Property must be returned by 5.00pm on the last working day prior to the completion date. (Office hours are 08.30am to 5.00pm Monday to Friday).
b) If the Rented Property is not returned to House-Of-Computer-Rentals (HOCR) by the end of the Rental Period then a pro rata daily charge will be made (based on 7 days for a weekly agreement type and 30 days for a monthly agreement type) related to the original terms and conditions. HOCR reserves the right (at its discretion) to deem the rent to be extended until the Rented Property is returned and also to arrange for the recovery of the Rented Property at cost to the Renter.
c) If you do not have a twenty-four hour (24) reservation on function space over a multiple day event, HOCR reserves the right to charge additional labour fees for equipment removal and installation should the venue re-sell the space during the course of the event.
d) All equipment cancellation within two (2) working days prior to delivery will be charged at 50% plus other applicable charges.
e) All equipment cancellation within twenty-four hours (24) prior to delivery will be charged at 100% plus other applicable charges.
f) Equipment cancellation after delivery will be charged at 100% plus delivery.
3. Payment Terms.
Rent is payable in advance. Delivery/pickup, installation, consumables and software loading, if required, are extra to rental charges and are payable in advance as agreed. All amounts expressed in this order are exclusive of GST and HOCR will issue an invoice, which complies with the form of tax invoice required in accordance with the regulations to the A New Tax System (Goods and Service Tax) Act 1999. Payment is to be made on collection or delivery of the rented products for the first invoice associated with this agreement and within 14 days for any subsequent invoices. The Renter agrees to pay all invoices within the payment terms.
Should the Renter fail to pay any invoice within the specified time then HOCR reserves the right to:-
i) Cancel the Rental Agreement without notice and recover the Rented Property at cost to the Renter.
ii) Charge the Renter interest at a rate of 18% per annum (1.5% accumulated monthly) accumulated monthly and calculated from the date of invoice until paid in full.
Charge Renter for any costs incurred in the recovery of any debts including all legal costs on a solicitor/client basis.
Charge the Renter retail replacement costs of a current model new item of the same brand or similar quality brand available of any Rented Property not returned to HOCR.
Furthermore the Renter agrees to pay these charges and accepts these terms and to allow entry by HOCR or his agents to the premises where the equipment is present should HOCR wish to recover the Rented Property.
Where any amount is outstanding at the time of termination of the rental, or at any other time, the customer expressly authorises HOCR to charge such amount to any current credit card account, held in the name of the customer.
4. Change of Address.
The Renter will notify HOCR without delay of any change of address or telephone number during the period of this agreement.
5. Care of Products.
The condition of the Rented Property is recorded on the Rental Agreement. The Renter will take good care of the Rented Property. Any damage (other than fair wear and tear) will be repaired by HOCR or its appointee and will be charged to the Renter. If any of the Rented Property is lost or stolen during the Rental Period, or extensions thereof, HOCR reserves the right to charge the Renter the retail price of the lost or stolen item/s. In the event of loss or damage of the Rented Property the rental charges will continue until the Retail Price of the Rented Property is paid for in full by the Renter which amount is in addition to the rental charges paid.
6. Insurance.
The customer shall indemnify HOCR, and keep HOCR indemnified against all loss of, or damage to, the equipment howsoever occasioned, and the customer shall at his own expense insure the equipment to its full replacement value, against loss or damage from any cause, The customer agrees to be responsible for insuring the equipment fully until such time as HOCR receives the equipment. The customer shall continue making rental payments to HOCR until the full value of the loss or damage has been paid to HOCR.
HOCR’s responsibility to you will not exceed refund of the rental charges paid, or supply of substitute goods for another rental period of equal value.
7. Indemnity.
The Renter hereby agrees to indemnify and keep indemnified HOCR from and against all costs, action, liabilities and suits including the payment of HOCR's legal fees, arising out of or in any way related to:-
a) the Renter's breach of any provision of the Rental Agreement.
b) any loss or damage resulting from the use of the equipment, in particular, but not limited to, personal injury, direct or indirect consequential loss or loss of data caused by fault or computer virus.
8. Equipment Malfunctions.
Should the Rented Property malfunction for reasons other than misuse or accidental damage, then HOCR will repair the product at no charge to the Renter (other than for freight if the product is outside the Perth Metropolitan area defined for this purpose as within 30 kilometres of the Perth GPO). If the Rented Property is outside the Perth Metropolitan area and the Renter chooses not to return the Rented Property to HOCR for repair then repair costs are at the expense of the Renter. In the case of malfunctions or damage caused by accident or misuse the Rented property will be repaired by HOCR or its appointee and charged to the Renter. In the event of malfunction HOCR reserves the right to replace the Rental Property with an equivalent system.
9. Consumables.
The rental price does not include consumable products (e.g. laser printer toner). The Renter agrees to use only consumable products which are approved by the manufacturer of the Rented Property and not to use re-inked or refurbished consumables. Any consumables supplied with the Rented Property will be paid for by the Renter.
10. Taxes and Government Charges
Unless otherwise specified the rental price shall exclude all taxes (except State Government Rental Tax). Should additional taxes or government charges be introduced or the rate of any applicable tax or government charge change then HOCR reserves the right to adjust the rental price to include such changes or new taxes or government charges.
11. Software
If any Operating System or Application Software is included in the Rental Agreement then the Renter guarantees that the only copies of these made will be for the purpose of security back-up. Further to this the Renter undertakes to destroy any such back-up copies at the completion of the Rental Period or any extension thereof.
12. Microsoft end user licence agreement
The Renter hereby acknowledges that its use of the Microsoft software accompanying the Rented Property is governed by the Microsoft end user licence agreement.
13. No Warranty of Suitability
The Renter agrees that the Renter gives no warranty or guarantee as to the suitability of the Rented Property for any task or purpose proposed by the Renter for its use.
14. Severance
If any term or condition of this Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this agreement shall be valid and enforceable to the fullest extent permitted
by law.