Equipment lease is made between :
Bright Consultants Pty Ltd (ACN: 606 343 677) of Middle Park,Victoria 3206 (The “Owner”)
The Purchaser named as the order on Learnandreturn.com (the “Hirer”)
(the owner and Hirer are collectively the “Parties”)
Upon placement of order with Learnandreturn consideration is hereby acknowledged, the Owner leases equiment to the hirer, and the Hirer leases the equipment from the Owner on the following terms:
The following definitions are used but not otherwise defined in this Agreement:
a.) “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a total loss, the market value the equipment would have had at the end of the term but for the total loss. The casualty value may be less than but not more than the original price of the equipment and incurred expenses to re-procure.
b.) “Equipment” means learning equipment provided and listed on learnandreturn.com and stated at time of order on learnandreturn.com.
c.) “Total Loss” means any loss or damage that is nor repairable or that would cost more to repair than the market value of the equipment.
The owner agrees to lease the equipment to the Hirer, and the Hirer agrees to lease the equipment from the Owner in accordance with the terms set out in this agreement.
The agreement commences from the date the product is received by the Hirer and completes after the agreed term stated within the placed order on learnandreturn.com. The Hirer must complete return of the item within 7 days of completion of the selected term. Extension and continuation may be agreed to as an amendment between the Owner and the Hirer.
4.> Rent and Deposit
Payment for the selected period is pre-paid prior to equipment being released to the Hirer.
5.> The Hirer may be asked for a deposit upon placement of and order and is included at the time of checkout which must be paid prior to the release of equipment to the Hirer. The Owner will refund the deposit to the Hirer at the end of the Term provided the Hirer has performed all of the Hirers obligations under this agreement.
6.> Use of equipment : The Hirer will use the equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the equipment and with any applicable law, whether local, state or federal respecting the the use of the equipment, including, but not limited to, environmental and copyright law.
7.> The Hirer will use the equipment for the purpose for which it was designed and not for any other purpose.
8.> Unless the Hirer obtains prior written consent of the Owner, the Hirer will not alter, modify, or attach anything to the equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.
Repair and Maintenance
9.> The Hirer will, at the Hirers own expense, keep the equipment in good repair, appearance and condition. Normal and reasonable wear and tear is excepted. The Hirer will provide all parts to keep the equipment in such a state.
10.> If the equipment is not in good repair, appearance and condition when it is returned to the Owner, the Owner may make such repairs or may cause such repairs to be made which are necessary to put the equipment to a state of good repair, appearance and condition, normal and reasonable wear and tear excepted. The owner will make the said repairs within a reasonable time of taking posession of the equipment and will give the Hirer written notice of the said repairs. Upon receipt of a repair invoice, the Hirer will immediately reimburse the owner for the repairs.
11.> The Hirer may, but is not obligated to, enforce any warranty that the owner has against the supplier or manufacturer of the equipment. The Hirer will enforce such warranty or indemnity in its own name and at its own expense.
12.> The equipment will be in good working order and good condition upon delivery.
13.> The equipment is of merchantable quality and is fit for the following purposes : Learning and Education
Loss and Damage
14.> To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to equipment from any and every cause.
15.> If the equipment is lost or damaged, the Hirer will complete payment for loan period, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the equipment to be put into a state of good repair, appearance and condition.
16.> In the event of Total Loss of the equipment, the Hirer will provide the owner with prompt written notice of such loss and will pay the owner all unpaid bills for the term, plus the casualty value of the equipment, at which point the ownership of the equipment passes to the Hirer.
Ownership, Right to Lease and Quiet Enjoyment.
17.> The equipment is the property of the owner and will remain the property of the owner.
18.> The Hirer will not encumber the equipment or allow the equipment to be encumbered or pledge the equipment as security in any manner.
19.> The Owner warrants that as long as no event of default has occured, the owner will not disturb the Hirers quiet and peaceful possession of equipment or the hirers unrestricted use of the equipment for the purpose for which the equipment was designed.
20.. The Hirer will, during the whole of the Term and for as long as the Hirer has possession of the Equipment, take out, maintain and pay for insurance against loss of and damage to the Equipment for the full replacement value of the Equipment.
25.> The occurance of any one or more of the following events will constitute an event of default (“Event of Default”) under this agreement.
The Hirer fails to pay any amount required or otherwise breaches the Hirers obligations under this agreement.
The Hirer becomes insolvent or makes assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Bankruptcy law of Australia or another competent jurisdiction.
A writ of attachment or execution is levied on the equipment and is not released or satisified within 10 days.
26.> On the occurance of an Event of Default, the owner will be entitled to pursue any one or more of the following remedies (“Remedies”)
Apply the Deposit toward any amount owing to the owner.
Commence legal proceedings to recover the Rent and oher obligations accrued before and after the Event of Default.
Terminate this agreement immediately upon written notice to the hirer.
Pursue any other remedy available in law or equity.
Address for Notice
27.> Service of all notice under this agreement will be delivered personally or sent via registered mail or courier to the following address:
Bright Consultants Pty Ltd
PO Box 66
Albert Park VIC 3206
The corresponding order address registered on learnandreturn.com.
28.> All dollar amounts in this agreement refer to Australian Dollars, and all payments required under this agreement will be paid in Australian Dollars unless parties agree otherwise.
29.> This agreement will extend to and be binding upon and inure to the benefit of respective heirs, executers, administrators, sucessors and assigns, as the case my be, of each party to this agreement.
30.> Neither party will be liable in damages or have the right to terminate this agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters and/or any other cause beyond the reasonable control of the party whose performance is affected.
Notice to Hirer:
This is a lease. You are not buying the equipment. Do not indicate agreement without fully reading.