Terms & Conditions
OWG Grace Pty Ltd trading as Ezirental
(ACN No. 130717234)
Ph. (02) 8600 9203
Fax: (02) 98365799
(Important Information- Read thoroughly)
Terms and Conditions of Rental Agreement
INTERPRETATION OF TERMS USED IN THE RENTAL AGREEMENT
In these Terms and Conditions the following words and expressions shall have the following meanings:
a. “The Company” means “OWG Grace Pty Limited.”
b. “Renter” means the customer who signed the Rental Agreement and includes, where appropriate respective directors, shareholders and representatives.
c. “Code” means the National Consumer Credit Protection Act 2009 and its regulations which apply to all Consumer Credit activities Australia wide.
d. “GST” means Goods and Services Tax as described in (Goods and Services Tax) Act 1999.
e. “Recoverable Amount” means the total amount due from the renter on the date of termination of Rental Agreement: It includes:
(i) the rental installments which have fallen due for payment but have not been paid;
(ii) the value of all rental installments which are still to fall due on reduced rates.
(iii) any additional costs incurred by the Company in taking possession of the Rental Goods.
f. Length of Agreement: means minimum period for which the goods are taken on rent.
1.1 This Rental Agreement is a “Consumer Lease” and provisions of Consumer Credit Code apply if the rental goods are obtained predominantly for personal or household purpose.
1.2 The acceptance by the Company of any order is on the understanding that the Renter accepts these Terms and Conditions. These Terms and Conditions shall form the basis of the Rental Agreement.
1.3 No waiver by the Company of any breach of the Rental Agreement by the Renter shall be considered as a waiver of any subsequent breach of the same or any other provisions.
1.4 The Rental Goods shall remain the sole and absolute property of the Company and is provided to the Renter solely on a Rental basis. The Renter shall not sell, assign, underlet, lend or otherwise part with possession of the Rental Goods and shall not without the Company's written consent remove the Rental Goods from the address set out overleaf.
1.5 The renting period shall commence from the date when the Rental Goods are delivered and shall terminate when the Rental Goods are returned.
1.6 The Renter shall notify the Company of any defects within twenty-four (24) hours of receipt by it. Failing such notification, it shall be conclusively presumed as between the Company and the Renter that the Rental Good has been received in good condition and in every way satisfactory for the Renter’s purposes.
1.7 In this Rental Agreement singular words shall include plural words, words importing persons shall apply to Corporations, the masculine gender shall include the feminine and neuter genders, and two or more Renters here under shall be bound jointly and severally.
1.8 The Renter agrees that the Company has the right to assign the Rental Goods to a third party at the completion of the Term of this Rental Agreement.
1.9 By signing this Agreement, the Renter authorizes the company to complete any blanks or correct any errors in this Rental Agreement including inserting serial numbers, model numbers, the start date, payment date and Agreement number.
1.10 All Rates in this Agreement are GST included.
1.11 The Renter must inform the Company if the Renter changes the postal, email details, bank account or credit card details.
1.12 The Company may notify the Renter personally, by post, by facsimile or by email. An email notice shall be valid if not returned.
1.13 This Rental Agreement is governed by the law of New South Wales
1.14 If any provision is or becomes illegal, invalid or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby.
1.15 This Rental Agreement is a live document and subject to periodic amendments and changes as and when required by the Company.
2.0 RENTER’S OBLIGATIONS
2.1 Renter must ensure that there are sufficient funds available in the designated bank account to allow a debit payment to be made in accordance with the Rental Agreement or the payments shall be made to any such person or place as the Company directs.
2.2 All installments are payable in debit one fortnight after the Rental Goods described in the Rental Agreement are delivered. In each and every event whereby the Renter fails to pay such installments, the Renter shall pay to the Company an additional payment of $10.00 to compensate the Company for its time and trouble. A collection fee of $15.00 is also applicable where any installment or part thereof is required to be collected from the Renter’s address by the Company’s representative on its behalf.
2.3 By signing the direct debit request, the Renter authorizes Ezidebit Pty Ltd to debit funds from the nominated account for any amount payable under this Rental Agreement and any enquiry related to this payment must be directed to the company in the first instance.
2.4 Permit an authorized representative of the Company at all reasonable times to enter the premises where the Rental Goods may be inspected or tested.
2.5 Take all reasonable and proper care of the Rental Goods, keep them in good condition and not subject the same to any misuse (normal wear and tear excepted) and also to indemnify the Company against any loss or damage to the Rental Goods.
2.6 Ensure that any instructions or manuals supplied by the Company for use of the Rental Goods will be fully observed.
2.7 Renter must preserve on the Rental Goods the Company’s and/or any manufacturer’s identification number or mark that is or should be upon the Rental Goods.
2.8 The Renter shall be fully responsible for any loss or damage to the rented goods in his/ her possession irrespective of the reason such as accident, theft, loss, robbery, fire etc. and is legally liable to pay the company the agreed rental instalments for full duration of the Rental Agreement. The Renter is fully responsible for the insurance of the rented goods.
3.0 TERMINATION OF RENTAL AGREEMENT BY RENTER
3.1 The Renter can terminate this Rental Agreement at any time during the rental period by returning the Rental Goods to the Company in good working order (reasonable wear and tear excepted) during business hours by paying the Recoverable Amount.
4.0 ASSEMENT OF FINANCIAL POSITION OF RENTER
4.1 Before signing any Rental Agreement with the Renter, Company will assess the financial position of the renter to ensure that he/she can honour the financial requirements of the Agreement. Renter is required to provide certain documents such as two consecutive pay slips or statements from Centrelink. Our credit representative may ask more information to complete a financial assessment form which details renter’s current assets and liabilities and source of income to cater the financial obligations in accordance with the proposed Agreement. On the basis of completed assessment form and attached documents the office makes an assessment as to the suitability of the proposed Agreement
Please note that renter may request a copy of this finance assessment any time prior to entering into the Agreement and at any time throughout the duration of the Agreement.
5.0 EARLY TERMINATION OF RENTAL AGREEMENT BY THE COMPANY
5.1 The company is the legal owner of the rental goods. If the Renter shall make default in payment, or commit any breach of the Rental Agreement, the Company shall have the immediate right to terminate the Rental Agreement and the Renter must repay the Company on demand all costs, charges and expenses incurred in any way by reason of its breach or in the recovery of any debts, including any legal costs on a solicitor/client basis.
5.2 Any termination of the Rental Agreement, shall not affect any right of the Company to recover moneys then due by the Renter.
5.3 The Company has the right to cancel the Rental Agreement after giving 30 days written notice thereof to the Renter and the Renter must deliver the Rental Goods to the Company and pay all costs and liquidating damages to the Company. In case the renter fails to return the goods with in 30 days, the Renter authorizes the Company to take over the possession of rental goods as deemed appropriate.
6.0 LIMITATION OF LIABILITY
6.1 To the full extent permitted by law, all express and implied terms, conditions and warranties (other than those terms expressly set out in this Rental Agreement) are excluded. The Company is not liable for any damage, injury, or loss to any person or property arising from the possession, operation or use of Rental Goods. The Company’s liability for anything in relation to the Rental Goods and its use, including damage or economic loss is limited at the company’s option to:
a) The repair of the relevant Rental Good or
b) The replacement of the relevant Rental Goods with the same or equivalent Rental
c) Reimbursement of the rent for the relevant Rental Goods for the Rental period in question.
6.2 The Company shall not be liable to the Customer for any loss, damage or claim suffered by the Renter directly or indirectly as a result of the Company’s failure or delay in performing any of its obligations under these Terms and Conditions where such failure or delay is caused by an occurrence beyond the reasonable control of the Company.
6.3 The Company shall give notice to that effect to the Renter stating the particulars and the period of time that it is likely to be unable to perform its obligations.
7.1 By signing this Rental Agreement, the Renter indemnifies the Company against:
a) Any loss or damage to the Rental Goods however arising;
b) Liability for any death, injury or damage to any person or property arising directly or indirectly from the Rental Goods or its use;
c) Any loss arising from any part of this Rental Agreement being void, voidable or unenforceable for any reason;
d) Any loss or liability resulting from possession, use or operation of the Rental Goods by the Renter;
7.2 Each indemnity in the clause 7.1 is a separate and independent obligation and continues even after termination of this Rental Agreement.
8.0 AUTHORISATION AND CONFIDENTIALITY
8.1 The Renter agrees to the Company obtaining a credit report from credit reporting agency containing their personal credit information in relation to commercial credit provided by any such business or in circumstances relating to collection of overdue payments.
8.2 The Renter agrees that the Company may give to and seek information from any Real Estate Agent, Landlord, Employer, Personal References or credit provider named in this Rental Agreement and any credit providers that may be named in a credit report issued by a credit reporting agency. The Renter must understand that this can include any information about their credit worthiness, credit standing, credit history and/or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.
8.3 The Renter understands that the above information may be used for the following purposes:
a) To assess any application by the Renter for credit
b) To notify other credit providers of a default by the Renter
c) To exchange information with other credit providers as to the status of this Rental
Agreement where the Renter is/are in default with other credit providers d) To assess the Renter’s credit worthiness
8.4 The Company will only disclose information about the Renter to the extent specifically required by law or for the purpose of this Rental Agreement.
8.5 The Company will keep all information in the Rental Application confidential and will make reasonable effort to keep all such information secure.
9.0 INTERNAL DISPUTE RESOLUTION MECHANISM
9.1 At OWG Grace Pty Ltd we recognise, promote and acknowledge customer's rights to comment and complain and have people, processes and policy to resolve any complaint in a professional and timely manner. Our internal dispute resolution Policy is drafted to comply with ASIC Regulatory Guide 165: Licensing: Internal and external dispute resolution and OWG Grace Pty Ltd’s obligations under s 47(1)(h) of the National Consumer Credit Protection Act 2009 (Cth) (the National Credit Act).
Customer can request a copy of Internal Dispute Resolution Policy directly on 02 8600 9203
9.2 In a scenario where a complaint is made by telephone or in person, we will ensure that the complainant has the opportunity to speak to our Customer Service Officer who is suitably trained and authorised to handle the complaint. Where the complaint cannot
be resolved immediately to the complainant’s satisfaction, the Customer Service Officer will forward the complaint to the Internal Dispute Resolution Team.
9.3 In a scenario where the complaint is made in writing, it will be assessed by our
Customer Service Officer. Immediately upon assessment, our officer may:
(a) Contact the complainant directly and try to resolve the dispute immediately.
(b) In case the proposed solution in not acceptable to the complainant, the complaint shall be forwarded to our Internal Dispute Resolution Team.
9.4 Once the team receives a compliant they will acknowledge the receipt of the complaint with the complainant within 72 Hours and advise the complainant of its decision within 15 business days.
If the team considers that the complaint is justified it will immediately authorize necessary remedy for the complaint.
If the team decides the complaint is not justified it will inform the complainant and provide the basis for their decision.
Team will also provide the complainant how, if he/ she require, to pursue the complaint further.
Our Internal Dispute Resolution Team can be contacted directly on (02) 8600 9203.
10.0 EXTERNAL DISPUTE RESOLUTION PROCEDURE
10.1 If a complainant is dissatisfied with the decision of the of the Internal dispute resolution team, he/she may refer the complaint to the COSL (Credit Ombudsmen Service Ltd.) OWG Grace Pty Ltd is the member of this organization and committed to abide by its decision.
Details of Ombudsman
COSL Credit Ombudsmen Service Limited
Level 7, 287 Elizabeth St, Sydney, NSW 2000
Phone: 02 9273 8455
10.2 If Credit Ombudsmen Service Limited (COSL) is unable to resolve the issue; the complainant may take this matter to the Court / Tribunal System in your State or Territory.
11.0 HARDSHIP POLICY
11.1 Under the National Consumer Credit Protection Act 2009 (Cth) (“the National Credit Act”), a customer has the right to request hardship assistance in certain circumstances. A customer who is unable reasonably to meet their obligations under a consumer lease due to a financial hardship may apply to OWG Grace Pty Ltd for hardship relief.
For more information contact us directly on 02 8600 9203 or email us at email@example.com