Frosty Box

Rent Agreement

FROSTY BOX ABN 18 130 131 994

This Rent Agreement is made on the date specified in Item 1 of the Schedule between the Owner, the Renter and the Guarantor.

1
DEFINITIONS
1.1
Goods” means the goods/equipment specified in Item 5 of the Schedule in addition to any other temperature controlled mobile cool room or any other goods or equipment rented by the Renter from the Owner pursuant to the Rent Agreement or any other written rent agreement or contract;
1.2
GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.3
Guarantor” means the person or persons specified in Item 4 of the Schedule;
1.4
Owner” means the party specified in Item 2 of the Schedule.
1.5
Owner’s Corporation” means the Owner’s Corporation which owns or controls the common areas in the building or premises in which the Goods are to be installed by the Renter;
1.6
Rent” means the rent specified in Item 6 of the Schedule in addition to any stamp duty, interest or any other costs properly charged by the Owner under the Rent Agreement;
1.7
Rent Agreement” means this rent agreement, or any other written agreement or contract between the Owner and the Renter relating to the rental of the Goods by the Owner to the Renter;
1.8
Rental End Date” means the date specified in Item 8 of the Schedule as the date on which the rental of the Goods ceases; or
If no date is specified, the date on which the Goods are returned by the Renter to the Owner; or
If a date is specified and the Renter returns the Goods after that date, the date on which the Goods are returned by the Renter to the Owner;
1.9
Rental Period” means the period commencing on the Rental Start Date and ending on the Rental End Date;
1.10
Rental Start Date” means the date specified in Item 7 of the Schedule as the date on which the rental of the Goods commences, or if no date is specified, the date on which the Renter takes delivery of the Goods from the Owner for the purposes of the Rent Agreement;
1.11
Renter” means the party specified in Item 3 of the Schedule and where the context requires includes that party’s employees, agents, representatives, successor and assigns;
1.12
Renter’s Premises” means the premises specified in Item 9 of the Schedule which are owned, occupied or controlled by the Renter or an Owner’s Corporation and at which the Goods will be stored in accordance with these terms and conditions;
1.13
Schedule” means the Schedule to the Rent Agreement.
2
ACKNOWLEDGEMENT

The Renter acknowledges and agrees that these terms and conditions form an integral part of all agreements and contracts involving the rental of Goods by the Owner to the Renter unless the Owner and the Renter agree in writing to separate or varied rental terms and conditions.

3
RENT OF GOODS
3.1
The Owner agrees to rent the Goods to the Renter for the Rental Period on these terms and conditions.
3.2
The Renter agrees to rent the Goods from the Owner for the Rental Period on these terms and conditions.
4
PAYMENT OF RENT
4.1
The Renter agrees to pay to the Owner the Rent for the Goods specified in the Rent Agreement as follows:
4.1.1
The whole of the Rent payable up front for day, week and weekend hire.
4.1.2
The whole of the Rent payable for the Goods immediately upon signing the Rent Agreement; or
4.1.3
If the Owner agrees in writing:
(a) fifty (50) per cent of the Rent immediately upon signing this Rent Agreement; and
(b) fifty (50) per cent of the Rent at the end of the Rental Period; or
4.1.4
As and when otherwise agreed in writing between the Owner and the Renter.
4.2
The Owner will issue a tax invoice to the Renter for the Rent paid for the Goods pursuant to the Rent Agreement.
4.3
Failure by the Renter to pay any Rent or any other money owing to the Owner under the Rent Agreement shall entitle the Owner to immediately cancel the Rent Agreement in addition to any other contracts or agreements made between the Owner and the Renter, without incurring any penalty or liability for such cancellation.
4.4
Notwithstanding the Owner’s rights under clause 4.3, the Owner reserves the right to charge interest at the rate of twenty (20) per cent per annum, calculated and compounding daily, on any amount of Rent owing by the Renter to the Owner under the Rent Agreement from the date the amount was due until the date it is actually paid.
5
Extension of rental period
5.1
The Renter may, with the prior written consent of the Owner, extend the Rental Period.
5.2
If the Owner agrees in writing to an extension of the Rental Period, the Renter must pay to the Owner the Rent for the extended Rental Period in accordance with clause 4.1 of these terms and conditions.
5.3
The Owner will issue a tax invoice to the Renter for the Rent paid by the Renter for the Goods rented for the extended Rental Period.
6
SELLER’S LIABILITIES FOR Goods RENTED

The Renter acknowledges and agrees that:

6.1
No supply of Goods under the Rent Agreement by the Owner to the Renter is, or amounts to a supply by description or by sample;
6.2
When Renting the Goods the Renter has relied on its own knowledge and expertise as to their suitability for any purpose; and
6.3
The Owner has not given any warranties or made any representations as to the suitability of the Goods for any purpose and no previous supplies by the Owner to the Renter of any Goods is indicative that the Goods are of a particular quality or type or suitable or fit for a particular purpose.
7.
RENTERS OBLIGATIONS
7.1
The Renter acknowledges and agrees that it will:
7.1.1
Subject to clause 8, keep and maintain the Goods in a first class condition and only use the Goods as they would be used by a careful and prudent Owner;
7.1.2
Not use the Goods for any illegal purpose;
7.1.3
Report, in writing, any damage to, or loss or theft of the Goods to the Owner immediately upon such damage, loss or theft occurring;
7.1.4
Not sell, mortgage, pledge, sublet, lend, charge or otherwise deal with the Goods in a manner which is inconsistent with the Rent Agreement;
7.1.5
Insure the Goods, in the name of the Owner and the Renter, for their full replacement value with a reputable insurer and provide a certificate of currency of such insurance to the Owner immediately upon written request by the Owner;
7.1.6
Properly, safely and securely store the Goods at the Renter's Premises when they are not being used by the Renter as they would be stored by a careful and prudent Owner and in such a manner as to avoid damage, loss or theft of the Goods; and
7.1.7
Not alter, modify, tamper with or make any addition, or modification or repair to any of the Goods.
8
MAINTENANCE AND REPAIR OF GOODS

Subject to the Renter complying with its obligations under clause 7, the Owner acknowledges and agrees that it will maintain and repair the Goods as and when required from time to time at its sole cost and expense.

9
RETENTION OF TITLE TO GOODS

The Renter acknowledges and agrees that:

9.1
The legal and equitable title, ownership and property in the Goods remains with, and is vested in the Owner absolutely at all times; and
9.2
The Renter is only a mere bailee of the Goods.
10
REPOSSESSION OF GOODS
10.1
In addition to any other rights the Owner may have under the Rent Agreement, if the Renter:
10.1.1
Breaches any provision of the Rent Agreement and fails to rectify that breach within the period specified by the Owner in writing; or
10.1.2
Fails to pay any Rent or any other money owing to the Owner in respect of the Goods by their due date for payment or as otherwise in agreed in writing between the Owner and the Renter, then the Owner may enter the Renter's Premises, or if the Goods are stored in other premises in breach of these terms and conditions, those premises for and on behalf of the Renter during business hours without the requirement to provide any previous notice, for the purpose of inspecting or re-taking and recovering possession of the Goods and the Renter hereby grants to the Owner an irrevocable licence to do so without liability for trespass or any resulting damage. The Renter agrees that the Owner may use reasonable force in exercising its power of inspecting or re-taking and recovering possession of the Goods under this clause 10.1.
10.2
The Renter acknowledges and agrees that clause 10.1 constitutes specific authority for the Owner to enter the Renter's premises, or the premises of any person holding the Goods for and on behalf of the Renter, for the purposes specified in clause 10.1 and the owner may rely on clause 10.1 and this clause 10.2 against the Renter in the event of a dispute, mediation, arbitration or court proceeding with the Renter.
10.3
The Renter indemnifies the Owner against any liability, loss, damage, cost, expense, action proceeding or demand incurred, suffered or made by the Owner or a third party arising out of the Owner exercising its rights under clause 10.1 and 10.2.
10.4
The Renter acknowledges and agrees that the Owner would not be deemed to be relinquishing any of its rights as a creditor when exercising any of its rights as Owner of the Goods under this clause 10.
10.5
The Owner does not relinquish any of its rights against the Renter until all monies due and payable to it by the Renter, whether under the Rent Agreement or otherwise, are paid in full.
11
INDEMNITIES BY RENTER
11.1
The Renter agrees to possess, use and operate the Goods solely at its own risk.
11.2
The Renter hereby indemnifies and holds harmless the Owner from all liabilities, losses, damages, costs, expenses, actions, proceedings or demands arising out of or in relation to:
11.2.1
Damage to the Goods caused by the Renter or any other person;
11.2.2
Any loss or damage to any property of the Renter;
11.2.3
Any loss or damage to the property of any other person; or
11.2.4
The death of, or injury to, any person, resulting from the use of the Goods by the Renter.
11.3
To the full extent permitted by law, the Renter hereby releases and discharges the Owner and its employees, contractors and agents from:
11.3.1
All claims and demands on the Owner; and
11.3.2
Any loss or damage whatsoever and whenever caused to the Owner or its employees, contractors or agents including financial, consequential or economic loss arising directly or indirectly from or incidental to a breakdown of, or defect in the Goods or any accident to, or involving the Goods or their use, operation, repair, maintenance or storage (whether occasioned by the negligence of the Renter or otherwise, or which may otherwise be suffered or sustained in, upon or near the Goods).
11.4
The indemnities and assumptions of liability contained in this clause 10 will continue in full force and effect notwithstanding the expiration or termination of the Rent Agreement.
12
TERMINATION
12.1
The Owner may immediately terminate the Rent Agreement in writing to the Renter and enter the Renter's premises at any time, without notice, without being liable to trespass and using reasonable force if necessary and retake possession of the Goods without prejudice to any other rights the Owner may have under these terms and conditions or any other agreement or contract, if the Renter:
12.1.1
Commits a breach of any term of the Rent Agreement or these terms and conditions;
12.1.2
Makes any false, inaccurate or misleading statement in relation to the making of the Rent Agreement;
12.1.3
Ceases to carry on its current business or a material part of its current business, or threatens to do either of these things;
12.1.4
Threatens or resolves to wind itself up or to appoint an administrator or liquidator or gives notice of an intention to do so;
12.1.5
Has a receiver or a receiver and manager appointed to it;
12.1.6
If placed under administration, liquidation or makes or proposes to make any arrangement with its creditors or becomes bankrupt;
12.1.7
has a judgment debt entered against the Renter for an amount exceeding $1,000.00 and this is not satisfied by the Renter within fourteen (14) days.
13
IDENTIFICATION OF GOODS
13.1
The Owner may affix on the Goods, or any part or parts of the Goods, any plates, marks, logos or insignias indicating that the Goods are the property of the Owner.
13.2
The Renter agrees not to remove, deface, cover, obliterate or in any other way obstruct the visibility of the plates, marks, logos or insignias affixed by the Owner on the Goods.
14
MATTERS BEYOND CONTROL OF OWNER
The Owner is not responsible to the Renter in any way if it is unable to, or is delayed in performing its obligations under the Rent Agreement, if that inability or delay arises directly or indirectly from the happening of any event not within the reasonable control of the Owner.
15
ASSIGNMENT
The Rent Agreement or any other contract or agreement between the Owner and the Renter cannot be assigned by the Renter without the Owner's prior written consent, which consent may be given or withheld by the Owner in its absolute discretion.
16
RECOVERY OF COSTS
The Renter indemnifies the Owner from and against all costs, charges, damages and expenses (including legal fees on a full indemnity basis) incurred by the Owner resulting from any breach by the Owner of this Rent Agreement or any other contract or agreement between the Renter and the Owner relating to the Goods.
17
OWNER'S LIABILITY
To the full extent permitted by law, the Owner is not liable to the Renter for any direct, indirect, consequential or contingent loss, liability, cost, damage or expense from the use of the Goods by the Renter, or any other party, and without limitation includes but is not limited to loss occasioned by defective design, workmanship or materials in relation to the Goods.
18
RENTER WARRANTY
18.1
If the Renter is a corporation, it warrants to the Owner that the individual signing the Rent Agreement or any other contract or agreement relating to the rental of the Goods on the Renter's behalf has the necessary authority to sign on behalf of, and to bind the Renter.
18.2
The individual signing this Rent Agreement or any other contract or agreement relating to the rental of the Goods on the Renter's behalf warrants that they have the necessary authority to sign on behalf of, and to bind the Renter.
19
GUARANTEE AND INDEMNITY
19.1
In consideration of the Owner entering into the Rent Agreement at the request of the Guarantor, the Guarantor, as is evidenced by his execution of the Rent Agreement, irrevocably and unconditionally:
19.1.1
Guarantees to the Owner the due and punctual observance and performance of all the obligations of the Renter under the Rent Agreement, including any indemnities given by the Renter in favour of the Owner; and
19.1.2
As a separate and independent principle obligation, agrees to indemnify and hold the Owner harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by the Owner and all actions, proceedings, claims or demands made against the Owner as a result of default by the Renter in the performance of any obligation under the Rent Agreement or from any express or implied obligation under the Rent Agreement being unenforceable.
19.2
The guarantee and indemnity given under this clause 19 is a continuing guarantee and indemnity and shall remain in full force and effect until all of the obligations of the Renter have been duly performed and satisfied in full.
19.3
The Owner may enforce the Guarantee and Indemnity given under this clause 19 without first making any demand or taking any action or proceeding to enforce its rights or remedies against the Renter.
20
GOVERNING LAW
The Rent Agreement and these rental terms and conditions shall be governed by and construed in accordance with the laws of the State in which the Rent Agreement is made and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of that State.