This is a
contract whose purpose is solely for the provision of household goods and
Contracts (Rent & Own) fall under the
National Consumer Credit Protection ACT
In these Terms & Conditions,
unless the context otherwise requires:
denoting the singular include the plural and vice versa and words denoting one
gender include each gender
are for convenience only and do not affect the interpretation of these Terms
& Conditions/Consumer Credit Contract
The following words have the following meanings:-
the same meaning as that defined to the word in
Goods & Services ACT 1999 (Cth)
Law.... has the same provisions as those stated in
National Consumer Credit Protection Act (NCCP) 2014
.... a default event means:-
Payment is not received on the due date of any
payable under this contract
The customer breaches any of the clauses listed in
4.... Your Duties and Obligations
The customer dies or creased to have contractual
The customer breaches any of the clauses listed in
3.... Use, Location, Relocation
Amount ....means the total, at the date of termination of:-
The repayment amounts and other monies which have
fallen due for payment but have not been paid
The value of all repayments which are still to fall
Any reasonable enforcement expenses
You must make all regular payments as outlined in
the Payment Details of the contract for the term of the Contract and on the
frequency stated in the Contract.
Payments consist of the RRP plus interest,
administration costs .
obligation to pay the repayments is absolute and unconditional and you must not
withhold payment for any reason, including breakdown/damaged or destruction of
the goods, unless prior arrangements have been made with the Company.
If any payment is late, stopped, dishonoured,
cancelled, held or missed (default event):
a $10.00 fee will be charged to your Contract
account on each occasion
a $10.00 fee will be charged at the end of each
month that your Contract is in arrears (default) during the term of the
the above fees are in addition to any fees already
included in the total Contract amount
You will be charged a $10 administration fee per
month if an overdue (default) account remains after the Contract Finish Date.
This will occur on the first business day each month the outstanding balance
If a debt remains outstanding for a period of 6
months with no attempts made by the Customer to pay the outstanding debt, we
are required to list you as a bad debt and register the debt on your
Location and Relocation
You must not remove appliances from the delivery
address listed without our consent. Consent must be sought /advised 7 days
prior to such relocation.
You must use the product for the purpose it was
designed, and follow all manufacturer instructions and recommendations for use
Product cannot be sold for money value during the
term of the contract or until contract has been paid in full including
finalising any default balances.
You are responsible for maintaining the product in
a clean and hygienic condition.
If we are requested or required to clean the product,
our normal service charges apply.
service and repair the equipment free of charge, under warranty, unless the
product requires service as result of a user fault.
You are responsible and will be charged for the
costs of repair necessary as a result of vandalism, damage, misuse or neglect
which has been caused by you or in your care.
Only our service personnel or authorised service
agents may service/repair the product.
We will not accept claims for unauthorised service
carried out on the product and you will be liable for any rectification work
required as a result of unauthorised repairs.
Duties and Obligations
You must give any information we request in regards
your financial position;
the product/s, their location and who is in possession
you must advise us immediately of any changes in
your financial situation which may affect your ability to pay your Contract.
Anything you must do under this agreement is at
You are responsible for insurance of the product/s.
You must allow us, or our representative, access to
the product to inspect its condition, check your compliance with, or exercise
our rights under, this agreement.
You must notify us immediately if any of our
Used for purposes which are unlawful
You must pay the remaining value of the contract,
or a figure agreed upon by us, if the product is stolen, lost, destroyed or
This Contract terminates in relation to the product
when you make the final payment.
It is the intention of the Lender and agreed upon
by the Customer named in the contract is that title/right of ownership of the
goods shall remain with the Lender until the customer has met all the
obligations in respect to the contract between the lender and the customer and
the customer has paid all amounts owing for the goods.
Accounts on default at the end of the contract term
(finish date) will be charged a $50 default fee in conjunction with and
additional to Clause 1.4 & 1.4.1 until the arrears (default/overdue) amount
is paid in full. Clause 1.3.1 will still be charged on the Account in default
at the end of the contract term should you fail to pay in any given payment
period i.e dishonour/stop/cancel/miss a payment.
Upon receipt of this $50.00 default fee as well as
the total amount owed under the contract, title/ownership of the product passes
from us to you.
The Company will waive the $50 default fee if all
payments are made on time (i.e. no payments are held, dishonoured, cancelled,
Should you wish to terminate your contract early,
you must advise the Accounts Department, for a renegotiation of agreement.
You will receive a letter from the Company advising
that your final payment has been received and that right of ownership/title of
the product is now transferred to you.
The Customer will be in breach of this contract
upon any of the following conditions:
failure to pay rent within one month of the due
removal of the product from delivery address
Events as per definition of Default Events
Should the contract be breached, the Company
reserves the right to act upon one or all of the following:
Terminate the contract
elect that the repayments/instalments due be
accelerated and the entire amount of repayments/instalments be due immediately,
or amount decided upon at the Companys discretion;
propose extension of the term of contract, thereby
reducing the repayment amounts, at the agreement of the Company and the client;
seek to repossess the product/s; and
the Company shall have the right, at its option, to
sell the product to any other person or persons on such terms and conditions as
the Company shall determine.
All costs, expenses & expenditures inclusive
without limitation, the complete legal costs incurred by enforcing this
agreement, as a result of default by the customer, will be added to the total
of the customer's account and is the responsibility of the customer.
You indemnify us against any liability or loss
arising from your possession, operation or use of the product or from any
negligent or illegal act or breach of this contract by you.
This indemnity is a continuing obligation, separate
and independent from your other obligations. It continues after this agreement
ends or is terminated.
and Other Communication
All communication between our offices and you will
be by telephone, mail, text or email. It is your responsibility to update your
contact details should they change.
Statements made via communication in 8.1 are deemed
We may exercise a right, remedy or power in any way
we consider appropriate.
If we do not exercise a right, remedy or power at
any time, this does not mean we cannot exercise it later.
A term of this agreement cannot be varied or waived
except in writing, signed by the parties.
Notice & Notifications
We are bound by and will comply with the Privacy
Act 1988(Commonwealth), the Privacy Amendment (Enhancing Privacy Protection)
Act 2012, the National Privacy Principals and relevant State & Territory
privacy legislation (referred to as privacy legislation) in relation to the
treatment of your personal information.
You authorise and consent to us collecting, using
and disclosing your information:
to and from a credit reporting agency;
to and from our credit providers;
to and from others who perform a function or
service for you;