This agreement is made between: Instal-Life Pty Ltd ACN: 140 558 407 / NZ Company No: 2 073 308 of: P.O. Box 8088, Ferntree Gully, in the State of Victoria, Australia (hereinafter referred to as “the Company”) of the one part
The party named in Customer Details of the Schedule hereto (hereinafter with its successors or in the case of a natural person or persons his/her or their executors or administrators and/or his/her or their permitted assigns referred to as “the Hirer”) of the Other part.
WHEREAS it is agreed that the Company will hire to the Hirer the satellite equipment including satellite set top box, dish, LNB and mount, hereto on the dates set out therein, at the rental shown therein, situated at the location shown therein, subject to the following terms and conditions:
RENTAL TERMS & CONDITIONS
1 PROPERTY The satellite equipment remains the property of the Company and the Hirer shall ensure that the Company and its employees, servants agents and representatives or a person lawfully acting under, through or on behalf of the Company shall have access to the satellite equipment at all reasonable times and in the case of emergency (the decision in respect of which shall be in the reasonable opinion of the Company) at any time.
2 REPAIR The Company will keep the satellite equipment in good repair by servicing (and if necessary repairing) faulty equipment at such times as the Company may in its absolute discretion see fit. The Hirer shall be responsible for all costs associated with the replacement of batteries.
3 NON AUTHORISED REPAIRS The Company will not accept any charges for any work carried out on the satellite equipment which has not been authorized by it and the Hirer is expressly forbidden to carry out or to authorize the carrying out of any service work on the satellite equipment without the consent in writing of the Company first.
4 DAMAGE The Hirer shall hold the satellite equipment on behalf of the Company and shall take all reasonable precautions to ensure that the satellite equipment is not damaged, defaced, misused or used for any other purposes other than the function of viewing free to air Christian satellite TV. The Hirer shall be responsible for all repair costs to return the satellite equipment to its originally supplied condition, fair wear and tear excepted.
5 RELOCATION OF SATELLITE EQUIPMENT The Hirer shall not remove the satellite equipment to any other site without first obtaining consent in writing from the Company first had and obtained and the cost of any relocation shall be borne by the Hirer. The equipment shall be located at the location as set out therein. The Hirer shall be responsible for all costs associated with the removal and re-installation of equipment.
6 RENTAL PAYMENTS The Hirer shall pay to the Company by direct debit, 4 weekly or monthly rental for the satellite equipment at the rate set out therein to be paid on 4 weekly or monthly anniversaries of the date of installation hereto with the first payment to be made as shown therein. Such rental shall be payable 4 weekly or monthly in advance.
7 ARREARS If a rental payment remains 30 days or more in arrears, the Company reserves the right to refuse to supply or organize maintenance to rectify any repair or service issues with the equipment. All arrears must be brought up to date. Failed payments will automatically be re-debited post-failed payment.
8 DELIVERY FEE On or prior to the delivery of the satellite equipment the Hirer shall pay to the Company the delivery and installation fee as set out therein.
9 CANCELLATION The Hirer may elect to terminate the agreement by giving the Company no less than one full calendar month notice in writing. The Company shall have the right to cancel the agreement and retake possession of the satellite equipment if the Hirer fails to make any payment within thirty (30) days of the due date for payment or if the Hirer, its servants, agents or licensees commits any breach of the terms of this agreement. The Company shall have the right to claim from the Hirer any damages, which it may suffer as a result of the failure by the Hirer to make payment, or the breach of any of the terms and conditions of this agreement by the Hirer, its servants, agents or licensees.
10 INSURANCE The Hirer shall insure the satellite equipment for fire, theft, breakage, accidental damage and such other events as required by the Company in the joint names of the Company and the Hirer for their respective rights and Interests with losses if any, payable to the Company. The Hirer shall produce to the Company when requested in writing by the Company evidence of the currency of such insurance. The satellite equipment shall be insured for the recommended retail price amounts set out therein.
11 NOTIFICATION OF DAMAGE The Hirer shall notify the Company of any damage to the satellite equipment of any malfunction in the operation of the satellite equipment as soon as possible after the occurrence.
12 SATELLITE EQUIPMENT REMAINS THE PROPERTY OF THE COMPANY Except to the extent necessary to enable the proper use of the satellite equipment or any part of it, the Hirer will not cause or permit the satellite equipment or any part of it to be affixed to any real property and if the satellite equipment or any part of it is at any time affixed to any real property it shall not thereby become or be deemed to become a fixture or part of the land but still be removable by the Company in accordance with the provision of this agreement notwithstanding such fixing and any costs incurred in such removal shall be borne by the Hirer. The Hirer shall ensure that the owner of the premises cannot treat the satellite equipment or any part thereof as a fixture or part of the land.
13 COLLECTION OF SATELLITE EQUIPMENT Upon completion of this hire agreement, no collection or cancellation fee will be applicable.
14 WARRANTIES That except for such conditions and warranties as are required by law, no condition, warranty or representation is given by Instal-Life whether in relation to the condition, quality, safety or suitability of the satellite equipment and any express or implied condition in hereby excluded to the maximum extent permitted by law.
15 LOCATION You either own or are the lawful occupier of the premises outlined therein and warrant that you have obtained all permission required to install and maintain the satellite equipment and provide the service, including any permission required from an owners corporation, person or entity. You indemnify the Company against any claim made against the Company by any owner’s corporation, person or entity subsequent to the installation, removal, replacement or maintenance of the satellite equipment or provision of the service, including but not limited to the cost of removing the satellite equipment if you have not obtained their permission prior to installation of the satellite equipment. In this situation you will be regarded as having terminated the agreement.
16 SUSPENSION At the Hirer’s request, we may suspend the rental payments for a maximum period of 3 months. The rental payments can only be suspended once in any 12-month period.
17 LIMITATION OF LIABILITY To the extent permitted by law, in no event shall the Company be liable for any claim by the Hirer for loss or damages including, but not limited to, claims for faulty design, faulty installation, damage done on connection of the satellite equipment and or decoder box, defects in the satellite equipment and or decoder box, negligent or misleading advise, damages arising from loss or use of the satellite equipment and or decoder box, and any indirect special or consequential loss, damage, injury or death to any person or the property of any person, and to the fullest extent permitted by law you hereby release and indemnify the Company and forever hold us harmless against any such claim. The Company shall not be liable for default or failure in performance of our obligations under the agreement resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, insurrection, accidents, fires, explosions, earthquakes, floods, the elements, power surges, strikes, labour disputes, shortage of suitable parts, components, materials or transportation or any other cause beyond our reasonable control.
18 FAULTY EQUIPMENT I understand that faulty equipment will be exchanged free of charge, but must be posted to Instal-Life’s head office at the Hirer’s expense to get an exchange item. I understand that a service fee may apply to equipment failure that is the result of incorrect equipment usage.
19 CHRISTIAN TV I understand that Instal-Life has no direct or indirect relationship with any of the broadcasting channels or the satellite owners in regard to broadcasting rights/ times/ programming OR failure/ availability of programs/channels on the transmitting satellite is not in any way the responsibility of Instal-Life. I understand that all the Christian channels are ‘free-to-air’ broadcasts.
20 PRIVACY I understand that all information given will be held in the strictest of confidence and be used only for Installation, Payment Authorisation and Customer Service action where required.
21 MISSIONS I understand that 100% of the profits raised by this particular service will be used for missions work. These will be outlined in newsletter correspondence and on our websites.