Standard Terms and Conditions
This document contains the terms and conditions as referred to in the Contract Details document.
1.1 In these Terms:
“Billing Address” means the address where the Goods are delivered to and installed as agreed with the Customer.
Contract for the renting of the Goods from Rent Smarte.
“Contract Details” means the cover page titled Consumer Lease Rental Contract (Contract Details).
“Customer” refers to the person or strata-corporation as set out in the Contract Details who is the lessee under this Rental
“Goods” as referred to in the Rental Contract includes all property, any accessories and parts, documents, operating instructions
or manuals or software installed onto the Goods or other things supplied with the Goods.
“Rent Smarte” means NEWSTARTRONICS PTY LTD ABN 80 585 621 787 Authorised Credit Representative No. 524456 of
Ozerentals Pty Ltd ABN 82 115 782 333 Australian Credit Licence No. 437930 trading as Rent Smarte.
This Rental Contract applies to Rent Smarte and any of its successors in title and or assigned.
“PPSA” means Personal Property Securities Act 2009.
“Rental Contract” means the consumer lease rental contract between Rent Smarte and the Customer for the rental of Goods
(a) any Credit Application;
(b) the Contract Details;
(c) these Terms;
(d) any direct debit services agreement; and
(e) any other terms governing the rental of the Goods which are agreed to be incorporated into this document.
“Rental Instalment” means the rent payable by the Customer for the Goods under this Rental Contract.
“Rental Period” means the term set out in the Contract Details as a fixed term consumer lease with respect to the Goods.
“Rental Start Date” means the date designated as the “Rental Start Date” in the Contract Details.
“State” means a State or Territory of the Commonwealth of Australia.
“Terms” means this document incorporating the Standard Terms and Conditions – Rent Smarte.
1.2 If there is any inconsistency between:
(a) the Terms and the Contract Details; or
(b) the Contract Details and any Credit Application;
the provisions of the Contract Details will prevail to the extent of the inconsistency.
1.3 If there is any inconsistency between the Terms and any Credit Application, the Terms will prevail to the extent of the
1.3 Headings are for convenience only, and do not affect interpretation.
1.4 “Including” and similar expressions are not words of limitation.
1.5 In these Terms, a business day excludes Saturdays, Sundays and Public Holidays. If an act governed by these Terms must be done
on a specified day which is not a business day, it must be done instead on the next business day.
1.6 If the Customer is made up of more than one person then:
(a) an obligation of those persons is joint and several;
(b) a right of those persons is held by each of them severally;
(c) any other reference to that party or that term is a reference to each of those persons separately, so that as an example a
representation, warranty or undertaking is given by each of them separately.
2. Title to Goods
2.1 The Customer acknowledges and agrees that at all times Rent Smarte (or its authorised credit representative) either owns the
Goods or is authorised to rent the Goods. Rent Smarte retains title to the Goods even if the Customer is declared bankrupt or
makes any repayment agreement with his or her creditors. The Goods under no circumstances will be deemed to be a fixture.
2.2 For the duration of the Rental Contract, the Customer is a bailee of the Goods. The Customer will not be entitled to offer, sell,
assign, sub-let, mortgage, pledge or otherwise deal with the Goods in any way which is inconsistent with the rights of Rent Smarte
as owner of the Goods.
2.3 The Customer acknowledges that at all times the property in and ownership of the Goods remains with Rent Smarte and the
Customer will not remove any sticker or other identification attached to or associated with the Goods giving notice of Rent
Smarte’ ownership of the Goods.
2.4 The Customer must not alter, deface, remove or erase any notices, safety information, identifying mark, serial number, plate or
number on the Goods.
2.5 Title to the Goods will only transfer to the Customer, if the Customer pays the purchase price specified by Rent Smarte pursuant
to clause 22.2 and Rent Smarte has been paid such purchase price in full.
3. Period of Rental & Rental Charges
3.1 In consideration for the use of the Goods during the Rental Period, the Customer must pay the Rental Instalment for each item
specified in the Contract Details.
3.2 For the purposes of these Terms, the Customer is deemed to have use of the Goods at all material times during the Rental Period.
3.3 Where the Goods are lost or damaged and the Loss or Damage provisions under clause 20 of this Rental Contract does not apply,
the Customer must continue to pay the Rental Instalment until the date that the Rental Contract comes to an end or until the
Customer delivers the Goods to Rent Smarte in such condition as the Goods were delivered to the Customer as at the
commencement of the Rental Period, fair wear and tear accepted.
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3.4 The Customer acknowledges Rental Instalment does not include packaging, handling, freight charges (other than delivery charges),
GST, rental tax or duty or other recoverable charges which are shown separately on the tax invoice. If the additional charges are
ascertainable as at the date of this Rental Contract they will be disclosed in the Contract Details. Unascertainable charges such as
taxation, will be charged at the prevailing rate at the time.
3.5 Any Goods returned by the Customer to the Rent Smarte office of dispatch after 5pm on any business day will be deemed to have
been received on the next business day.
3.6 Unless otherwise stated in the Contract Details, the Customer must pay the Rental Instalment fortnightly in advance, with the first
payment due and payable on the Rental Start Date.
3.7 The Rental Period will not be deemed to be at an end until the Customer returns the Goods to Rent Smarte in the same condition
as the Goods were delivered to the Customer as at the commencement of the Rental Period (fair wear and tear excepted) together
with all accessories provided by Rent Smarte to the Customer.
3.8 The Rental Instalment is fixed for the term of the Rental Contract.
3.9 If the Goods are returned to Rent Smarte by the Customer, the Customer will remain liable for all Rental Instalments, fees and
other charges incurred in respect of the Rental Period until the Customer has actually paid these amounts.
4. Other Charges
4.1 The Customer indemnifies Rent Smarte for the payment of all stamp duty, hire or rental duty, GST and all other applicable taxes,
duties, levies, fines, penalties and any other government charges imposed in respect of the Rental Contract or in respect of the
4.2 Where the Customer intends to claim any exemption from duty or tax the Customer must furnish appropriate exemption
certificates to Rent Smarte.
4.3 Rent Smarte and/or their nominated agent or contractors will, if requested by the Customer and only if personnel are available,
attend upon the Customer and instruct the Customer in the operation of the Goods. The Customer will pay Rent Smarte for such
services in addition to any other fees and charges payable under these Terms at the ordinary service rates that Rent Smarte or its
nominated agent or contractor applies to such services.
4.4 If Rent Smarte owes any credit (Credit Amount) to the Customer during the term of the Rental Contract, the Customer authorises
Rent Smarte to set-off any amounts payable to Rent Smarte under this Rental Contract against the Credit Amount.
5. Fees and Charges
5.1 The Customer agrees to pay the fees and charges (inclusive of GST) as set out in this clause in addition to the Rental Instalment;
(a) Default Fee $11.00 Payable by the Customer to Rent Smarte every time a Rental Instalment is not paid
on time or a default under this Rental Contract occurs requiring Rent Smarte to take an
action. The Default Fee will apply to every default and will be added to the total liability of
the Customer under the Rental Contract;
(b) Delivery Fee If the Contract Details provide a Delivery Fee then the Customer must pay the Delivery Fee
as set out in the Contract Details on delivery of the Goods;
(c) Change Fee $11.00 Payable by the Customer of any request for variation of the Rental Contract unless
the request to vary the Rental Contract is as a result of hardship;
(d) Call Out Fee $110.00 Payable by the Customer to Rent Smarte for any callout at the request of the
Customer to service the Goods and it turns out that the service of the Goods is not covered
by the warranty of the Goods or if the call out is after the manufacturer’s warranty has
expired then the services item would not have been covered had the warranty been in place;
(e) Travelling Fee Payable by the Customer for any travel incurred in relation to the Rental Contract if the
distance travelled is greater than 30km from Rent Smarte’ principal place of office at a rate
of $0.80 per kilometre unless the cause for the travel is an issue covered by the manufacturer’s
warranty or if the travel is after the manufacturer’s warranty has expired then the reason
would have been covered had the warranty been in place;
(f) Loss and Damage Fee Means a one off payment payable by the Customer being $495.00 if the cost to replace the
damaged or lost Goods exceeds $495.00 or the actual replacement cost of the Goods if the
cost of replacement of the Goods is less than $495.00;
(g) Enforcement Expenses All costs payable by the Customer;
(h) Maintenance Cost (clause 9) at cost as incurred by Rent Smarte.
5.2 If any amount payable by the Customer under the Rental Contract to Rent Smarte is due and not paid (Overdue Amount):
(a) the Customer authorises Rent Smarte to deduct the Overdue Amount from any deposit or bond held by Rent Smarte; and
(b) the Customer must pay interest on any balance of the Overdue Amount at the rate of 5% higher than the Reserve Bank of
Australia’s Capital Market 3 Year Yield for Government Bonds (which is determined as a fixed rate on the day interest
commences) calculated daily until payment in full is received.
6 Delivery and Return of the Goods
6.1 At the commencement of the Rental Period, Rent Smarte will deliver the Goods to the premises, at the Billing Address, as set out
in the Contract Details.
6.2 At the conclusion of the Rental Period, unless otherwise agreed, the Customer must return, at its costs, the Goods to the Rent
Smarte premises from which the Goods were dispatched or arrange for the Goods to be picked up by Rent Smarte. Rent Smarte
may charge a fee for the pick up of the Goods. If Rent Smarte is required to pick up the Goods as a result of default under this
Rental Contract, Rent Smarte will charge the Customer a pick up fee to be disclosed at the relevant time.
Standard Terms and Conditions
6.3 The Customer agrees to not ship the Goods by post or third party courier unless otherwise authorised by Rent Smarte.
6.4 Any transportation of the Goods for a purpose other than the purpose specified in clause 6.1 will be at the expense and risk of
6.5 The Customer must return the Goods, to Rent Smarte in the same good and clean condition the Goods were in at the
commencement of the Rental Period, excluding fair wear and tear. If the Customer delivers the Goods back to Rent Smarte and
the Goods are not in a marketable or merchantable condition and require maintenance or service, Rent Smarte reserves the right
to charge the Customer for its labour and materials necessary to bring the Goods to a marketable or merchantable condition.
Goods that are not marketable or merchantable conditions may be dirty, scratched, infested, unlicensed software installed,
damaged by graffiti and the like.
7. Customer’s Covenants
7.1 The Customer agrees with Rent Smarte that:
(a) the Goods shall remain the property of Rent Smarte and the Customer is only bailee of the Goods on the Terms set out in
this Rental Contract;
(b) the Customer shall not sell, create any charge, lien, or security over the Goods, or pledge or part with possession and control
of the Goods;
(c) the Customer shall keep the Goods except those designed for portability like cellular or mobile phones or handheld media
devices, GPS tracking units, computers (like small portable notebooks, netbooks or ultralites) and printers, game consoles,
electronic tablets, digital cameras, video or digital camcorders and DVD players at the Billing Address specified in the Rental
Contract. If the Customer is required to relocate the Goods, the Customer must advise Rent Smarte of the relocation.
Relocation of the Goods may affect the services Rent Smarte may offer the Customer for example if the Customer relocates
to a remote community. The requirement to inform Rent Smarte of the need to relocate prior to relocation is a fundamental
term of this Rental Contract;
(d) the Customer shall use the Goods carefully and properly and will not interfere or tamper with or let any third party do so;
(e) the Customer shall notify Rent Smarte immediately if any judgement or order is levied against the Customer or the property
of the Customer or if the Customer is bankrupt or is entering into an arrangement with his or her creditors;
(f) Rent Smarte may request the Customer details of the whereabouts of the Goods. The Customer must provide Rent Smarte
with those details as a fundamental term of this Rental Contract. The Customer shall permit Rent Smarte, its agents or
servants to enter the premises where the Goods are located at all reasonable times in order to inspect the Goods or carry
out repairs to the Goods;
(g) the Customer requires and will utilise the Goods solely for consumer purposes;
(h) the Customer shall keep the Goods in a safe and proper location, being the Billing Address of the Customer on the Rental
(i) the Customer shall not alter or modify the Goods without the prior written consent from Rent Smarte;
(j) the Goods shall at all times, whilst in the care, custody or control of the Customer, be at the risk of the Customer;
(k) the Customer accepts full responsibility for all the Goods rented, including its use in accordance with any operating
instructions provided by the manufacturer, Rent Smarte or Government regulation. Where the Customer is using
communication frequencies that are licensed or arranged by Rent Smarte these frequencies are for use only on the dates, at
the places and during the times expressed in this Rental Contract. Use of the frequencies outside the dates, places and times
indicated may result in fines from the relevant licensing authority which are all payable by the Customer;
(l) the Customer will in respect of the Goods comply with all State, Territory and Federal laws; and
(m) The Goods when returned to Rent Smarte will not have any information contained in or associated with it which would if
received by Rent Smarte or any other person is in breach of State, Territory or Federal privacy laws.
8.1 Rent Smarte warrants that the Goods rented are of merchantable quality.
8.2 Nothing in these Terms shall restrict, modify or exclude any conditions, warranties, rights or liabilities which may at any time be
implied in this Rental Contract by any State, Territory or Commonwealth law including the conditions or warranties implied by
the Australian Consumer Law being the Schedule to the Australian Competition and Consumer Act 2010 Cth as amended where
to do so would render any provisions of this Rental Contract void or unenforceable.
8.3 Other than expressly provided for in this Rental Contract the Customer acknowledges that he or she has not relied upon any
statement or representation by Rent Smarte in respect of the Goods or in the use of the Goods by the Customer irrespective of
whether or not the Customer’s purpose for the use of the Goods is known to Rent Smarte.
8.4 The Customer agrees that before accepting the Goods he or she has satisfied themselves as to the suitability, good working order,
general condition and fitness for purpose of the Goods.
8.5 The Customer acknowledges that under no circumstances is Rent Smarte responsible or liable for any failure or unsuitability of
the Goods to perform the purpose required by the Customer.
8.6 Calibration or configuration of the Goods will be at the Customer’s expense.
9.1 The Customer must:
(a) clean, fuel, lubricate and maintain the Goods in good condition, and in accordance with the manufacturer’s and Rent Smarte’
instructions at the Customer’s cost; and
(b) not in any way alter, modify, tamper with, damage or repair the Goods without Rent Smarte’ written consent.
Standard Terms and Conditions
9.2 Provided that the Customer complies with the Rental Contract, then Rent Smarte shall at its expense when it deems necessary
provide maintenance for the Goods and shall use its best endeavours to expeditiously repair or replace the Goods to the extent
that the Goods become defective during the Rental Period through no fault of the Customer.
9.3 If the Goods do not operate properly the Customer must notify Rent Smarte and request instructions before taking any action.
The Customer must also advise Rent Smarte if the Goods require recalibration, including the reinstallation of any computer
9.4 If it becomes necessary to maintain/service the Goods under this Rental Contract and Rent Smarte determines, acting reasonably,
that it is not economically viable to repair or service the Goods or parts cannot be found, Rent Smarte may at its sole and absolute
discretion and for any length of time it deems expedient replace the Goods with similar Goods that are available at the time and
which are similar in function and market value.
9.5 The Customer must bear the cost of repairs or replace the Goods where Rent Smarte determines that the breakdown or damage
to the Goods was caused by the Goods being used for a purpose other than which the Goods were designed or in breach of the
manufacturer’s specifications or the repair is not covered under the manufacturer’s warranty.
10. Suspension of Service
10.1 Rent Smarte may at its sole discretion refuse to service or maintain the Goods where the Customer is in default under the Rental
11 Early Cessation
11.1 This Rental Contract is a fixed term Rental Contract. Neither party can terminate the Rental Contract early unless it is by agreement
or by default of the other party. If the Customer terminates the Rental Contract prior to the expiry of the term of the Rental
Contract, the Customer shall be in default and Rent Smarte shall be entitled to claim from the Customer the Rental Instalment
until the expiry of the term of the Rental Contract.
12.1 The Customer is responsible for the safekeeping of the Goods including storage of the Goods in a safe and secure manner in
order to protect them from the risk of any loss, theft, seizure, damage or destruction. The Customer must bear the risk of any
loss, theft, seizure, damage or destruction of the Goods.
12.2 If in the view of Rent Smarte, the Goods require repair, recalibration or replacement as a result of the Customer’s negligence,
misuse, abuse or improper use of the Goods, the Customer must bear the total cost of any repair, recalibration or replacement
including any expenses incurred for the freight or transportation of the Goods.
12.3 Rent Smarte may charge the Customer for any expenses or service charges in accordance with this clause 12 at the rate normally
charged by Rent Smarte or at the rate payable to any contractors Rent Smarte elects to use.
12.4 Unless the provisions in clause 20 dealing with Loss and Damage do not apply, the Customer must pay Rent Smarte the total new
replacement cost or market value of the Goods that are lost, stolen, destroyed or damaged beyond repair. The Customer must
pay to Rent Smarte a reasonable calibration and refurbishing fee in the event that ownership labels, calibration seals or anti-tamper
notices affixed to the Goods are removed or defaced during the Rental Period. The Customer must pay for the cost of replacing
or repairing any item, article, accessory, document or thing supplied in conjunction with the Goods (including operation manuals)
that is not returned by the Customer or that is returned in damaged condition to Rent Smarte at the end of the Rental Period.
12.5 If the Goods are destroyed, damaged, stolen, lost, or misappropriated, the Customer agrees:
(a) that Rent Smarte may supply the Customer’s personal details to any crime, corruption or integrity authority, the Police, fire
investigator, any regulatory body, any insurer, licensed security agents, licensed second-hand dealers or pawn brokers, loss
assessors or adjusters, auction houses or internet auctions and traders, real estate agents, the manufacturer of the Goods,
and Rent Smarte’ service providers including marketers, advertisers, stock-takers, repairers, insurers, actuaries, accountants
and auditors, whether or not such details are requested;
(b) that if Rent Smarte requests the Customer, the Customer must cooperate with any of the parties described in clause 12.5(a)
in respect of any enquiries or investigation conducted by those parties concerning the Goods.
13 Customer Default, Termination & Repossession, Access to the Goods
13.1 For the purpose of this clause, the following definitions shall apply:
(a) “Form” means a form of a particular number is a reference to the form of that number in Schedule 1 of the National
Consumer Credit Protection Regulations 2010;
(b) “Act” means the National Consumer Credit Protection Act 2009;
(c) “Code” means the National Credit Code as Schedule 1 to the National Consumer Credit Protection Act 2009; and
d) “Regulation” means a regulation under the National Consumer Credit Protection Regulations 2010 made under the National
Consumer Credit Protection Act 2009.
13.2 Each of the following constitutes an event of default under this Rental Contract entitling Rent Smarte to terminate the Rental
Contract following the issuing of a default notice;
(a) If the Customer fails to make the Rental Instalment as set out in the Contract Details;
(b) If the Customer is in breach of any obligation under this Rental Contract other than a payment obligation and the breach
continues for 7 days after the Customer was advised to remedy the breach;
(c) If the Customer enters into any arrangement with the Customer’s creditors or is bankrupt; or
(d) If the Customer fails to advise Rent Smarte of the need to relocate the Goods.
13.3 If the Customer is in breach of this Rental Contract then Rent Smarte will issue a default notice to the Customer in accordance
with the Act and the Code demanding that the Customer remedy the default within 30 days of the notice. Rent Smarte may
terminate this Rental Contract if the customer does not remedy the default as set out in the notice and may repossess the Goods
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and charge the Customer for all of its costs and expenses incurred in doing so. Any such termination shall not prejudice any right
to recover any amounts payable by the Customer.
13.4 For the purpose of the Code, it is acknowledged that consent by the occupier of premises to entry to the premises is taken to be
given only if the following requirements have been complied with:
(a) a request to the occupier for entry to the premises has been made by Rent Smarte or agent by application in writing or by
calling at the premises concerned;
(b) if the request is made personally, it will only be made between the hours of 8 am and 8 pm on any day other than a Sunday
or public holiday;
(c) the consent in writing will be in accordance with Form 19 of the Regulations and signed by the occupier;
13.5 The Customer grants express permission to Rent Smarte or agents or contractors at all reasonable times to enter premises, or any
other premises where the Goods are located, to access the Goods at all times for routine inspection, repair, adjustment or collection
for off-site repair or servicing or where the Customer is returning the Goods or on event of default, repossess the Goods. For
the purpose of the Code, if the Customer executed Form 19 of the code on or about the Rental Start Date, the Customer is
deemed to have authorised access to Rent Smarte to the Customer’s premises.
14 Enabling Technology
(a) We reserve the right to install enabling technology on Goods that are capable of connecting to the Internet
(b) For the purpose of this agreement, enabling technology means a technology built into Goods that is capable of connecting
to the Internet and enables us to disable the Goods and/or communicate with the user of the Goods
(c) The enabling technology is built into the hardware of the Goods and cannot be disabled and its function cannot be
distinguished or isolated from the operation of the Goods
(d) You acknowledge and agree that we may use the enabling technology in the following circumstances
i. in the event of default, we may use the enabling technology to disable the device and render it inoperative or
otherwise restrict its full functionality;
ii. in the event of default, we may use the enabling technology to send a message to you or the person in possession
of the Goods;
iii. in the event of default, we may use the enabling technology to locate the Goods; and
iv. if the Goods are lost or stolen we can use the enabling technology to locate the Goods
(e) We will not use the enabling technology;
i. to view any of your information on the Goods;
ii. to use any information on the device
iii. to transmit or install any information or data on the device; or
iv. to gain access to any photos stored on the device or to any camera installed onto
(f) You can ask Rent Smarte to:
i. block the use of the Goods rented by You if it is lost or stolen;
ii. unblock the use of the Goods rented by You.
(g) If the Goods are blocked, the Goods cannot be used to access Mobile Services (except to make calls to emergency 000 or
112 numbers only). Access to the TTY 106 emergency services number may be restricted or unavailable from some blocked
(h) If Rent Smarte blocks the Goods, Rent Smarte or an Rent Smarte supplier may include the International Mobile Equipment
Identity (IMEI) number of the device on a list of blocked IMEI numbers that is available to Mobile Carriers and Carriage
Service Providers who may also block the Goods from being connected to their network.
(a) If the Customer is experiencing hardship or difficulties in meeting the financial obligations under this Rental Contract, the
Customer is encouraged to contact Rent Smarte without delay and advise Rent Smarte of that issue;
(b) Rent Smarte may seek additional information from the Customer to assist Rent Smarte in its consideration in relation to any
(c) The Customer must comply with the notice for further and better particulars in relation to the hardship;
(d) Rent Smarte must consider the request for hardship relief from the Customer and any additional information provided and
must respond to the Customer within the prescribed period as set out by law which generally speaking is within 21 days of
receiving the notice of hardship or 21 days after receiving additional information or 28 days from the notice by the Customer
if no additional information is sought;
(e) Rent Smarte does not have to vary this Rental Contract due to hardship. If Rent Smarte agrees to vary the Rental Contract
then Rent Smarte will issue a notice of variation setting out the changes to the agreement;
(f) If Rent Smarte does not agree to change the Rental Contract following the hardship request, the Customer may apply to the
court to change the terms of the Rental Contract; and
(g) The variation that Rent Smarte may agree to under the hardship notice includes postponement of Rental Instalment,
reduction in Rental Instalment, extension of the Rental Period and other measurements to address the hardship of the
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The Customer indemnifies Rent Smarte in respect of all damages, losses, costs, charges and other liabilities incurred by Rent
(a) as a result of the Customer’s breach of the Rental Contract;
(b) in the course of exercising Rent Smarte’ enforcement rights; or
(c) as a result of or in any way connected with the Customer’s use of the Goods.
16. Separate Items of the Goods
16.1 This Rental Contract applies to the Goods listed on the Contract Details. If the customer asks and Rent Smarte agrees to lease
additional goods to the Customer, Rent Smarte will issue to the Customer a new contract with details of the additional goods. If
the Contract Details is amended and updated, unless stated otherwise, these Terms will continue to apply to any additional or
revised Contract Details and bind the Customer for all Goods stated therein.
16.2 If a customer is deemed eligible for a SmartePay payment plan and Rent Smarte agrees to lease additional goods to the customer,
a new contract need not be issued however, these Terms will continue to apply to any additional or revised goods supplied to the
customer and bind the Customer for all Goods stated therein.
16.1 To the extent permitted by law Rent Smarte’ liability (if any) under the Rental Contract will be limited to:
(a) replacement of the Goods for the balance of the Rental Period; or
(b) the supply of equivalent goods that are equivalent to the Goods for the balance of the Rental Contract; or
(c) payment of the cost of replacing the Goods or the cost of acquiring the Goods; or
(d) the cost of having the Goods repaired; or
in relation to services:
(e) the supply of the services again; or
(f) the payment of the cost of having the services supplied again.
16.2 If the Goods are returned or repossessed, Rent Smarte is not liable to the Customer for any consequential losses or damages,
including the loss by the Customer of any of the Customer’s data or information being contained in, within or on the Goods.
16.3 Rent Smarte will not be liable for any failure to deliver the Goods or perform services under this Rental Contract if the failure
arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any matters beyond the control of Rent
16.4 In addition, Rent Smarte will not be liable for any delay or failure to deliver by any freight company or delivery service to deliver
the Goods to the Customer or any consequential loss or damage to the Customer that arises in connection with Rent Smarte’
delivery of the Goods to the Customer.
17. Personal Property Securities
Italicised and bolded terms in this clause 17 take their meaning from the PPSA.
17.1 In consideration for Rent Smarte granting to the Customer the use of the Goods under the Rental Contract and as security for
the performance of the Customer of its obligations under the Rental Contract, the Customer grants to Rent Smarte a purchase
money security interest over the Goods.
17.2 The purchase money security interest: (a) attaches to the Goods as from the commencement of the Rental Period; and
(b) is capable of perfection by Rent Smarte’ registration of the purchase money security interest in the form of a financing
statement on the Personal Property Securities Register in respect of the Goods.
17.3 The Customer will do all things required to enable the perfection of Rent Smarte’ purchase money security interest in the
Goods under the PPSA as and when required by Rent Smarte.
17.4 At any time after the Customer breaches the Customer’s obligations under this Rental Contract, Rent Smarte may (without it being
necessary give any prior notice to the Customer, and without prejudice to any other rights, powers or remedies it may have under
this Rental Contract or by law):
(a) take and keep possession of the Goods and:
(i) receive and give receipts for income earned using the Goods until it is sold by Rent Smarte under the power of sale
conferred by this clause 17 or until the Customer’s default has been rectified; or
(ii) carry on any business using the Goods, for which purpose Rent Smarte may, on such terms and in such manner as
it thinks fit:
A acquire any further property or rights (which upon acquisition will be deemed to become part of the Goods; or B do anything concerning the Goods which it could do if it were the absolute owner of the Goods;
without being responsible for any loss or damage that may arise or occur as a consequence of those actions;
(iii) pay and discharge the expenses incurred in the exercise of any of such powers, or otherwise in respect of the
provisions of the Rental Contract, out of the revenue from or proceeds of the Goods; and
(iv) raise or borrow any moneys which Rent Smarte thinks fit and secure the same with interest by any form of security
in priority to, or equally with, any amounts payable to Rent Smarte under this Rental Contract;
(b) either with or without taking possession:
(i) lease, license, bail or otherwise dispose of the Goods for any term, at any rental or consideration, and upon and
subject to any terms and conditions that Rent Smarte thinks fit; or
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(ii) sell, call in, collect, rent the goods to another customer, or convert the Goods into money in any manner and for
such consideration as Rent Smarte thinks fit. Upon any such sale Rent Smarte may sell the Goods by public auction
or tender, or private contract, on such terms as Rent Smarte thinks fit, for immediate or deferred consideration, and
may buy in or rescind or vary any contract of sale and may re-sell without being responsible for any loss occasioned; or (iii) compromise and effect compositions.
18. Intellectual Property Rights
18.1 All rights pertaining to industrial or intellectual property in connection with the Rental Contract, the Goods and the services
including copyrights, patents and trademarks are expressly reserved by Rent Smarte.
18.2 The Customer must not make any copies or authorise any copying of anything supplied by Rent Smarte under the Rental Contract
such as software programs and operating manuals except with the prior written authority of Rent Smarte and any owner or licensor
or the relevant intellectual property right, and in accordance with the license terms as applicable.
18.3 All copies must be delivered up on the return of the Goods.
19. Consumables & Trade Materials
19.1 The Customer will be liable for charges made for consumables and trade materials whether or not supplied by Rent Smarte.
20. Loss or Damage
20.1 The purpose of this clause is to describe the maximum liability that the Customer will incur in the event the Goods are damaged
or Rent Smarte suffer a loss as a result of prescribed events. These provisions are titled Loss and Damage (LD).
20.2 Rent Smarte agrees to forego its right to receive the amount otherwise payable by the Customer to Rent Smarte in respect to LD
to the Goods and agrees to reduce the Customer’s liability of costs incurred, including GST, from any event described below (save
for as set out as excluded events) to Rent Smarte to the Loss and Damage Fee (set out in clause 5) if any of the Goods other than
cellular or mobile phone or handheld media devices are damaged, or destroyed or lost through:
(a) lightning; or
(b) windstorm; or
(c) smoke; or
(d) fire; or
(e) burglary or housebreaking; or
(f) flash flooding, stormwater or rainfall runoff, that is water from intense but short duration storms or stormwater run-off
from areas surrounding the site or water escaping from any water main, pipe, street gutter, guttering or surface, that causes
only localised flooding; or
(g) bursting or leaking of fixed water installations or water tanks for the capture of rainwater from rooftops at premises where
the Goods are located.
20.3 If the item is designed for portability like GPS tracking units, computers (including notebooks, netbooks or ultralites) and printers,
game consoles, electronic tablets, digital cameras, video or digital camcorders and DVD players, the LD provision includes loss in
transit anywhere in Australia due to actual forcible and violent entry to a registered motor vehicle where these items are secured.
20.4 Burglary or housebreaking means the criminal taking of the Goods from the property, namely the residence or premise or other
installation address under this Rental Contract by a person feloniously entering the property through force or violence as shown
by visible marks or damage to the property’s exterior made by tools or other means at the point of entry.
20.5 The LD provision does not apply to loss or damage due to moisture, scratches, vandalism, abandonment of the Goods, mysterious
disappearance or Customer neglect or intentional acts.
20.6 This LD provision does not cover theft or loss of the Goods or damage to the Goods caused by the negligence of the Customer
or to any damage caused to the Goods other than in the course of its proper use and provided further the Customer:
(a) notifies Rent Smarte of the damage within 1 business day;
(b) has paid to Rent Smarte all periodic rental payments up to and including the date of loss or damage;
(c) reported any loss or damage to the Police within 24 hours of the loss or damage being discovered and request that a Police
Report be forwarded to Rent Smarte; and to the nearest Rent Smarte office on the next business day of the loss or damage
(d) paid to Rent Smarte the Loss and Damage Fee (set out in clause 5);
(e) has provided correct details on their Rent Smarte’ Credit Application;
(f) has obtained from Rent Smarte a Loss and Damage Report and completed it with correct details and lodge the same with
Rent Smarte within 7 days of the loss or damage being discovered; and
(g) has completed a Statutory Declaration and lodged it with Rent Smarte.
20.7 The LD provision does not apply and the Customer will continue in all respects to be fully responsible if the damage to the Goods
was directly or indirectly the result of:
(a) misuse or use contrary to instructions; or
(b) malice or any deliberate act; or
(c) negligence or want of care; or
(d) an act or omission by any person who is not the Customer or in the Customer’s direct employ; or
(e) damage by any cause at or from a place which has not been approved as a rental location.
Standard Terms and Conditions
20.8 The LD provision does not apply and the Customer will continue in all respects to be fully responsible if damage was directly or
indirectly the result of:
(a) the Customer is in breach of any item or condition of the Rental Contract; or
(b) the Customer fails to fully co-operate with the Police and Rent Smarte in relation to any theft, loss or repairs to damaged
20.9 Notwithstanding the application of the LD provision the Customer will continue in all respects to be fully responsible for the
return of all accessories and manuals relating to the Goods in good order and condition.
20.10 The LD provision does not apply to any item comprising the Goods, which is noted as being excluded on the accessory list
provided with the Goods. The cost for repair or replacement of these items of the Goods will be invoiced to and payable by the
21. Customer’s Right to Terminate
21.1 The Customer has the right to terminate the Rental Contract at any time by:
(a) returning the Goods to Rent Smarte; and
(b) paying the Rental Instalment from the date of termination to the end date of the Rental Contract; and
(c) paying all reasonable ascertainable and calculated expenses Rent Smarte incurs in the recovery of the Goods.
22. No Offer to Sell Goods
22.1 Nothing in this Rental Contract constitutes an offer by Rent Smarte to sell the Goods to the Customer or the grant of an option
to the Customer to purchase the Goods.
22.2 If the Customer desires to purchase the Goods the Customer must give written notice (letter, facsimile or electronic mail) to Rent
Smarte that the Customer wishes to purchase the Goods. Upon receipt of the Customer’s written notice of an offer to purchase
the Goods, Rent Smarte may at its sole discretion advise the Customer of a purchase price, inclusive of GST, for the Goods.
22.3 If Rent Smarte has retained a deposit or bond on the Goods then such deposit or bond monies will be applied towards any
outstanding amount due and payable to Rent Smarte and then to the agreed purchase price for the Goods.
22.4 On payment to Rent Smarte of the agreed purchase price for the Goods then this Rental Contract ceases.
22.5 Where Rent Smarte has not accepted the Customer’s offer to purchase the Goods the Customer must continue to pay the rental
instalments or must return the Goods to the office from which it was dispatched.
23. Environmental, General Compliance with Laws and Authorised Representative
23.1 The Customer acknowledges that the operation of some of the Goods will be governed by local, State and or Federal laws including
with respect to hours and method of operation, noise levels and liquids required by the Goods to operate such as petrol, oil, grease
and/or coolant or with respect to batteries distilled water and disposal of same. The Customer undertakes that at all times, he or
she will comply with local, State or Federal laws governing the operation of the Goods including the disposal of any liquids used
by the Goods.
23.2 The Customer agrees to indemnify Rent Smarte against all losses, costs and expenses and liability incurred by Rent Smarte as a
consequence of the Customer operating the Goods.
23.3 Rent Smarte enters into this Rental Contract through an authorised credit representative as set out in the definition of Rent Smarte.
Rent Smarte’ authorised representative has the same rights as Rent Smarte does under this Rental Contract Agreement including
collecting and or receiving Rental Instalments, managing the relationship with you the Customer and enforcing the Rental
Contract. The Customer must cooperate with Rent Smarte’ authorised representative at all times.
24 Statement of Account
(a) On regular intervals as required by law, Rent Smarte shall issue to the Customer a periodic statement of account. The
statement will be issued prior to the expiry of the Term if the Term is 12 months and if the Term is longer then every 12
(b) Rent Smarte will not give the Customer a statement of account if the Customer is in default under this Rental Contract and
Rent Smarte commenced enforcement proceeding or if the Customer is a natural person, the Customer dies or is insolvent
unless the trustee in bankruptcy or the personal representative of the Customer asks for a statement of account;
(c) The Customer may, at any time, request Rent Smarte to issue the Customer with a statement of account. The request can
be verbal or in writing. Rent Smarte must issue such statement within 14 days of the request being made. If the request
was oral the statement can be given orally and if the request was in writing the statement must be given in writing;
(d) The statement of account will contain such information as required by law including any credits and debits to the account
and the amount outstanding under the Rental Contract;
(e) Rent Smarte must issue to the Customer an end of Rental Contract statement. The end of Rental Contract statement must
be issued no less than 90 days before the expiry of the Term;
(f) The end of Rental Contract statement will describe to the Customer the obligations of the Customer on expiry of the Term.
The statement will describe to the Customer whether Rent Smarte is willing to negotiate the sale of the Goods to the
Customer and under what conditions. The statement will further describe to the Customer what liabilities the Customer
will have if the Goods are not returned to Rent Smarte;
(g) An end of Rental Contract statement does not have to be issued if the Customer is in default of this Rental Contract and
Rent Smarte commenced enforcement proceedings, the Customer dies or is insolvent and the trustee in bankruptcy or the
personal representative of the Customer did not ask for a statement or Rent Smarte had written of the debt; and
(h) The Customer may request a statement of amounts payable on termination to be issued. Rent Smarte will provide such a
statement within 7 days of the request. The statement will contain information regarding the liability of the Customer on
termination of the Rental Contract and whether Rent Smarte is willing to negotiate the sale of the Goods to the Customer.
Standard Terms and Conditions
25.1 Rent Smarte may collect personal information about the Customer for the purposes of administering the services and other
functions required of Rent Smarte under the Rental Contract.
25.2 Rent Smarte’ Privacy Officer can be contacted on 03 6273 6033.
25.3 Rent Smarte may use the Customer’s personal information to provide services to the Customer, to fulfil administrative functions
associated with these services (for example assessment of credit worthiness), to enter into contracts with the Customer or third
parties, marketing, client relationship purposes, any product extended warranty or product care or insurance companies.
25.4 If the Customer does not provide all the information required by Rent Smarte, then Rent Smarte may elect not to rent the Goods
or provide the associated services to the Customer.
25.5 Rent Smarte may disclose the Customer’s information to Rent Smarte’ service providers and contractors from time to time to help
provide and market Rent Smarte’ services to the Customer.
25.6 The parties acknowledge that the Customer has rights under all relevant privacy laws to access personal information that Rent
Smarte retains about the Customer.
25.7 The Customer consents to and authorises Rent Smarte to use and disclose the Customer’s personal information in accordance
with clause 25.
25.8 The Customer consents to Rent Smarte installing and using location tracking devices to monitor the location of the Goods at all
material times during the Rental Period.
26. Allocation of Payments
26.1 Rent Smarte may credit any amount received from the Customer to any balance owed by the Customer under the Rental Contract,
or to any other balance owed by the Customer under any other rental contract or arrangement.
27. Refund of Rentals Paid in Advance
27.1 On return of the Goods Rent Smarte will refund to the Customer any Rental Instalment paid in advance less any deduction payable
to Rent Smarte under the Rental Contract.
28. Assignment of Rights
28.1 Rent Smarte may assign the benefit of this Rental Contract to any other party without restriction. Rent Smarte will provide the
Customer with notice of the assignment at the relevant time.
28.2 The Customer must not assign the benefit under this Rental Contract without the prior written consent of Rent Smarte which
may be granted or declined in its discretion or given with conditions.
29. Force Majeure
29.1 Rent Smarte is not liable for failure to comply with this document if the failure (directly or indirectly) arises out of any
circumstances which are not within Rent Smarte’ reasonable control, including but not limited to strikes, lock outs, other labour
difficulties, accidents, war, civil commotion, terrorism, mobilisation, riots, embargoes, fire, flood, explosion, shortage of utility
including water, electricity, gas, telecommunications, internet facility, breakdown of plant or machinery, shortage of raw or other
materials from normal sources of supply, act of God, shortages of or inability to obtain shipping space or air freight or land
transportation and any order or direction of any local, State or Federal Government, Government authority or instrumentality
within the Commonwealth of Australia or elsewhere.
30. No Waiver
30.1 Every right and power belonging to Rent Smarte under this Rental Contract shall remain in force notwithstanding any neglect
forbearance or delay in enforcement and there is no deemed waiver of any of right or power belonging to Rent Smarte or any
term or condition in this Rental Contract or any notice given under the Rental Contract unless expressly waived in writing by Rent
30.2 No waiver by Rent Smarte of any breach of this Rental Contract by the Customer shall be deemed a waiver of any continuing or
31. Holding Over
31.1 If the Goods are not returned to Rent Smarte or not purchased in accordance with clause 22, then this Rental Contract will remain
in force on a fortnightly basis upon all the Terms.
32.1 If any term or condition or any part of any term or condition of the Rental Contract becomes void, illegal, invalid or unenforceable
then that term or condition must be severed from this Rental Contract and the remaining Terms or any part remaining term or
condition shall not be affected and will continue to be in full force and effect and be unaffected by the severance of any other
33.1 The Customer appoints Rent Smarte as its attorney to do all things, execute all documents, and otherwise act in place of the
Customer, for the purposes of giving effect to these conditions, including to recover possession of the Goods, recover amounts
due under the Rental Contract, or for other purposes incidental to the Rental Contract.
34. Notice to the Customer
34.1 Any document or notice to be given under this Rental Contract may be given by hand delivery, normal post, courier, or registered
mail to the Customer’s Billing Address as set out in this Rental Contract.
34.2 Any notice under the Rental Contract may be served by leaving it at or posting it to the address of the recipient as stated in the
Rental Contract or last notified by the Customer whether or not in writing to Rent Smarte and/or a known address of the Customer
and will be deemed served or rendered at the time of leaving it or, if posted, on the business day following the day of postage and
any notice may be signed by an officer, manager, authorised agent or solicitor of Rent Smarte.
Standard Terms and Conditions
34.3 Alternatively, for the purpose of delivery of a document or giving notice under the Rental Contract, Rent Smarte may use facsimile
or electronic mail to the address stated in the Rental Contract or last notified by the Customer and/or a known address of the
Customer and will be deemed served or rendered at the time of the dispatch receipt for a facsimile or the electronic mail the
dispatch advice in the sent or out box for electronic mail.
34.4 In addition to the notice provisions in clause 34.2 and 34.3, Rent Smarte may use any other available means of contact, including
social media networks or the mobile telephone short message service (SMS) to a contact number or social media network address
from information collected by Rent Smarte or advised to Rent Smarte, regardless of source, and will be deemed served or rendered
at the time of the dispatch.
35. Entire Agreement
35.1 This Rental Contract comprises and constitutes the entire Rental Contract between Rent Smarte and the Customer and supersedes
any prior arrangement or understanding in relation to the Goods.
35.2 No additional terms and conditions proposed by the Customer (including any terms contained in any purchase order provided by
the Customer) apply to the rental of the Goods unless agreed in writing by Rent Smarte.
36. No Reliance
36.1 The Customer acknowledges that neither Rent Smarte or any person acting on Rent Smarte’ behalf has made any representation
or other inducement to the Customer to enter into the Rental Contract and that the Customer has not entered into the Rental
Contract in reliance on any representations or inducements (including representations or inducements in relation to the use of the
Goods) except for those representations or inducements contained in the Rental Contract.
37.1 Any variation of these Terms must be agreed in writing between Rent Smarte and the Customer.
38. Authority of Customer
38.1 The person signing the Rental Contract for and on behalf of the Customer must only do so under a power of attorney. The
attorney hereby covenants and represents to Rent Smarte that he or she has the authority of the Customer to execute the Rental
Contract on the Customer’s behalf and is empowered by the Customer to bind the Customer to the Rental Contract and hereby
indemnifies Rent Smarte against all losses, costs and claims incurred by Rent Smarte arising out of the person so signing the Rental
Contract. The attorney must produce the power of attorney to Rent Smarte. Rent Smarte reserves the right not to proceed with
the Rental Contract under the authority of a power of attorney.
39. Time of the Essence
39.1 Time is to be of the essence of all obligations of the Customer in the Rental Contract.
40. Right of Refusal to Rent
40.1 Rent Smarte is in no way obliged to rent any Goods to the Customer and may refuse to rent Goods to the Customer at its absolute
discretion, including but not limited to, if the Customer fails to provide adequate identification or if in the opinion of Rent Smarte,
the Customer’s safety is put at risk by providing them with such Goods or the Customer is deemed unable to meet the rental
41.1 Risk of damage to or loss of the Goods passes to the Customer at the time of delivery or pick up.
41.2 Rent Smarte are not liable to the Customer for any loss or damage or deterioration of the Goods after delivery or pick up, even if
Rent Smarte arranges delivery.
43. Governing Law and Default Recovery
43.1 The Rental Contract and each rental by the Customer will be governed in all respects by these Terms and laws of the State where
the Rental Contract is entered into by the parties and each party submits to the exclusive jurisdiction of the courts of that State.
44. Handling Complaints
(a) The Customer may file a complaint under this Rental Contract by contacting Rent Smarte in accordance with the details in
Rent Smarte Credit Guide. On receipt of a written complaint from the Customer, Rent Smarte shall promptly reply within
seven (7) business days acknowledging receipt of the complaint. Rent Smarte shall immediately investigate the complaint
and if necessary correspond directly with the Customer in relation to the disputed matter;
(b) The investigation will consider the nature of the complaint, whether the Customer complied with the Rental Contract and
any proposed resolution;
(c) Rent Smarte will within thirty (30) business days of receipt of the notice of dispute from the Customer or a longer period
of up to ninety (90) calendar days if agreed by the Customer, finalise the investigation of the dispute and report in writing
to the Customer the result of the review;
(d) Where the dispute is not resolved to the satisfaction of the Customer, the Customer has the right to escalate the dispute to
the directors of Rent Smarte for consideration; and
(e) If the Customer is dissatisfied with the determination of the directors of Rent Smarte then the Customer may refer the
complaint to the external dispute resolution service Rent Smarte subscribed to. The Customer must not file a complaint
with Rent Smarte’ external dispute resolution service unless the Customer first attempted to resolve the
complaint/dispute with Rent Smarte under its internal dispute resolution mechanism. Rent Smarte’ Credit Guide which
was provided to the Customer contains details of the external dispute resolution service provided by Australian Financial
Complaints Authority (AFCA).