Terms & Conditions

Contract (Rent & Own)

Purpose:

This is a contract whose purpose is solely for the provision of household goods and services.

Contracts (Rent & Own) fall under the National Consumer Credit Protection ACT (NCCP) 2014.

Interpretations :

In these Terms & Conditions, unless the context otherwise requires:

  1. Words denoting the singular include the plural and vice versa and words denoting one gender include each gender
  2. Headings are for convenience only and do not affect the interpretation of these Terms & Conditions/Consumer Credit Contract

The following words have the following meanings:-

  1. GST… has the same meaning as that defined to the word in Goods & Services ACT 1999 (Cth)
  2. Governing Law…. has the same provisions as those stated in National Consumer Credit Protection Act (NCCP) 2014
  3. Default Event …. a default event means:-
    • Payment is not received on the due date of any repayment   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 capacity
    • The customer breaches any of the clauses listed in 3…. Use, Location, Relocation
  4. Recoverable Amount ….means the total, at the date of termination of:-
  1. The repayment amounts and other monies which have fallen due for payment but have not been paid
  2. The value of all repayments which are still to fall due
  3. Any reasonable enforcement expenses
  1. Payments
    1. 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.
      1. Payments consist of the RRP plus interest, administration costs .
    2. Your 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.
    3. If any payment is late, stopped, dishonoured, cancelled, held or missed (default event):
      1. a $10.00 fee will be charged to your Contract account on each occasion
      2. 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 contract
      3. the above fees are in addition to any fees already included in the total Contract amount
    4. 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 remains.
    5. 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 Credit Report.
  2. Use, Location and Relocation
    1. You must not remove appliances from the delivery address listed without our consent. Consent must be sought /advised 7 days prior to such relocation.
    2. You must use the product for the purpose it was designed, and follow all manufacturer instructions and recommendations for use and maintenance.
    3. 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.
  3. Repairs and Maintenance
    1. You are responsible for maintaining the product in a clean and hygienic condition.
    2. If we are requested or required to clean the product, our normal service charges apply.
    3. We will service and repair the equipment free of charge, under warranty, unless the product requires service as result of a user fault.
    4. 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.
    5. Only our service personnel or authorised service agents may service/repair the product.
    6. 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.
  4. Your Duties and Obligations
    1. You must give any information we request in regards to:
      1. your financial position;
      2. the product/s, their location and who is in possession of them.
      3. you must advise us immediately of any changes in your financial situation which may affect your ability to pay your Contract.
    2. Anything you must do under this agreement is at your cost.
    3. You are responsible for insurance of the product/s.
    4. 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.
    5. You must notify us immediately if any of our products are:
      1. stolen;
      2. lost;
      3. destroyed; or
      4. damaged.
      5. Used for purposes which are unlawful
    6. You must pay the remaining value of the contract, or a figure agreed upon by us, if the product is stolen, lost, destroyed or damaged.
    7. This Contract terminates in relation to the product when you make the final payment.
    8. 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.
  5. End of Contract
    1. 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.
    2. 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.
    3. The Company will waive the $50 default fee if all payments are made on time (i.e. no payments are held, dishonoured, cancelled, or late).
    4. Should you wish to terminate your contract early, you must advise the Accounts Department, for a renegotiation of agreement.
    5. 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.
  6. Breach of contract/Default Events
    1. The Customer will be in breach of this contract upon any of the following conditions:
      1. failure to pay rent within one month of the due date;
      2. removal of the product from delivery address without notification.
      3. Events as per definition of Default Events
    2. Should the contract be breached, the Company reserves the right to act upon one or all of the following:
      1. Terminate the contract
      2. 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;
      3. propose extension of the term of contract, thereby reducing the repayment amounts, at the agreement of the Company and the client;
      4. seek to repossess the product/s; and
      5. 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.
      6. 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.
  7. Indemnity
    1. 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.
    2. This indemnity is a continuing obligation, separate and independent from your other obligations. It continues after this agreement ends or is terminated.
  8. Notices and Other Communication
    1. 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.
    2. Statements made via communication in 8.1 are deemed legally binding.
  9. General
    1. We may exercise a right, remedy or power in any way we consider appropriate.
      1. If we do not exercise a right, remedy or power at any time, this does not mean we cannot exercise it later.
      2. A term of this agreement cannot be varied or waived except in writing, signed by the parties.
  10. Privacy Notice & Notifications
      1. 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.
      2. You authorise and consent to us collecting, using and disclosing your information:
      3. to and from a credit reporting agency;
      4. to and from our credit providers;
      5. to and from others who perform a function or service for you;
      6. to and from government authorities.
      7. For further information please refer to our website www.ezy2own.com.au
    2. Any notice or demand to be given by us to the customer may be delivered by:
      1. Email
      2. Text
      3. Post
      4. Fax
      5. Personally
  11. Additional Documentation Supplied with Contract
    1. You agree and confirm that the Lender has supplied the following additional documentation upon Acceptance of the Contract:
      1. Credit Guide
      2. Privacy Policy
      3. Things you should know about your Contract