1.    The contract between the Owner and the Lessee is comprised of the lease documentation for the lease of the Equipment, any policies set out on the Owner’s website, these terms and conditions of lease (Terms and Conditions), and where relevant, the Lease Checklist or Equipment Taken Checklist. Together these are referred to as the “Lease Agreement”.

2.    This Lease Agreement is made between the Owner and the Lessee named in the Lease Agreement and the Equipment must not be used by any other person who is not a party to this Lease Agreement.

Definitions

3.    The words and phrases used in these terms and conditions are defined as follows:

Additional Charge(s) means any charges beyond that of the Lease Charge resulting from Damage to the Equipment; or any other amount which the Lessee reasonably owes to the Owner under the Lease Agreement, in respect of a breach of the agreement or otherwise.

Damage(s) means:
a.    any loss or damage to the Equipment, howsoever caused, that requires repair or replacement, subject to reasonable wear and tear;
b.    any Equipment recovery, storage or salvage fees;
c.    any assessing fees; and
d.    Loss of Use.

Deposit means any fee that the Lessee must pay at the Start of Lease to secure the other Lease Charges.

GST has the same meaning as in A New Tax System (Goods & Services Tax) Act 1999 (Cth).

Lease Charge means the fees, costs, amounts and charges specified in the Lease Agreement or payable under the Lease Agreement by the Lessee to the Owner, including but not limited to the Equipment rental fee and Deposit. This charge must be paid to the Owner prior to or on the commencement date of the Lease Period

Lease Period means the period commencing on the date shown on the lease documentation and ending on the date that the Owner collects the Equipment from the Lessee. 

Lessee means the party contracting with the Owner to rent the Equipment identified in the Lease Agreement. 

Loss of Use means the fee calculated at the daily rate shown in the Lease Agreement being the Owner’s loss because the Equipment needs repair and the Owner is waiting for the repairs to be completed or it is a write-off or has been stolen and the Owner is waiting for it to be replaced.

Owner means Aqua Ubique Systems Pty Ltd or the registered owner of the Equipment identified in the Lease Agreement and includes its employees.

Start of Lease means the date and time that the lease of the Equipment commences as shown in the Lease Agreement.

Third Party Loss means any loss or damage to third party property, and any third-party claim for loss of income or consequential loss.

Equipment means the Equipment rented by the Owner to the Lessee pursuant to this Lease Agreement and may include, but is not limited to an Atmospheric Water Generator, together with all equipment, accessories, tools or component parts installed in or attached to the Equipment. 

Business Day(s) means Monday through Friday from 8.30am to 5:00pm, other than Saturday, Sunday or a public holiday.

Condition of the Equipment

4.    The Lessee acknowledges that the Equipment is clean, in good repair at the time of lease and, if applicable, undertakes to return the Equipment in a similar condition at the conclusion of the Lease Period.

5.    The Lessee agrees to pay reasonable costs for the Equipment to be cleaned and restored to its condition as at the commencement of lease if in the opinion of the Owner the Lessee has returned the Equipment in a dirty condition or has caused excessive wear, Damage or Damage through neglect or carelessness or abuse of the Equipment and/or acting or failing to act without due care of the Equipment

6.    Pre-existing Damage or wear and tear to the Equipment is to be noted in the Lease Agreement by the Lessee as being present at the Start of Lease to protect the Lessee from liability.

Use of the Equipment

7.    The Lessee must use the Equipment in a proper manner and must take all reasonable steps to secure and safeguard the Equipment so as to minimise the risk of theft or Damage to the Equipment. The Lease Charge does not include insurance for theft or Damage of the Equipment. The Lessee is responsible and liable for the replacement cost of the Equipment in the event of theft or Damage of the Equipment.

8.    The Lessee must complete any Lease Checklist appearing as part of this Lease Agreement and report any faults with the Equipment to the Owner or its agents at the time of lease.

9.    The Lessee must not use the Equipment if it appears damaged, dirty or corroded, and certifies that:

1. The Lessee has read and understood all instructions provided for the safe use and operation of the Equipment;
2. the Equipment complies with its description, is in merchantable condition and is fit for the Lessee’s purpose; and
3. The Lessee is competent to correctly connect and disconnect the Equipment from power if required.

10.    Unless the Lessee obtains the prior written consent of the Owner, the Lessee must not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

11.    The Lessee must not use the Equipment for any illegal purpose or for any purpose for which it was not designed.

12.    The Equipment is to remain at the address as indicated in the Lease Agreement and the Lessee must not relocate the Equipment to any other address without prior written approval from the Owner. 

Lessee’s warranties

13.    The Lessee warrants that:

1. the particulars described in the Lease Agreement are correct in every respect and are not misleading in anyway including, without limitation, by omission;
2. the Lessee will not breach any copyright or other restriction in relation to or in connection with the Equipment; and
3. in selecting the Equipment, the Lessee has not relied on the Owner’s skill and judgment or on any representations made by or on behalf of the Owner and agrees that the Equipment comply with their description, are in merchantable condition and are fit for the Lessee’s purpose.

Lease Period and return of Equipment

14.    The initial period of lease will be specified in the Lease Agreement. If no initial period is specified:

1. the initial period be one (1) month from when the Equipment is delivered; and
2. will continue indefinitely until the Lessee requests a Lease termination under clause 25. 

15.    The Lessee must ensure the Equipment is returned to the Owner thoroughly cleaned. In the event that the Equipment is not thoroughly clean when returned to the Owner, the Lessee will pay the Owner the reasonable costs for cleaning the Equipment.

16.    The Lessee must have the Equipment ready for collection: 

1. At the place it was originally delivered, and on the date and by the time advised by the Owner under clause 25, unless the Owner has agreed to different date or time; and
2. in the same condition as it was at the Start of Lease, fair wear and tear excepted.

17.    In the event the Owner cannot collect the Equipment within 10 Business Days of the Lessee advising of their intent to cancel the Lease, and provided the Lessee has made the Equipment readily available for collection, the Lessee will no longer be liable for the Lease Charge from the conclusion of the 10th Business Day. The Lessee will remain liable for Additional Charges until the Equipment is collected by the Owner.

18.    If the Lessee fails to make the Equipment readily available for collection on the date and by the time advised by the Owner under clause 25, the Lease Period will be extended until such time that the Equipment can be recovered by the Owner.

Equipment Fault, Loss or Damage

19.    In the event of Equipment fault or Damage during the Lease Period, the Lessee must immediately advise the Owner of the fault or Damage. The Lessee must not attempt to repair the Equipment.

20.    During the Lease Period on becoming aware that the Equipment is missing or stolen the Lessee must immediately:

1. Attend a Police Station and report the Equipment missing or stolen; and
2. Notify the Owner that the Equipment is missing or stolen.

Fees

21.    The Lessee agrees to pay to the Owner the Lease Charge for the lease of the Equipment and any Additional Charges or Damages.

22.    GST is payable on all charges and is automatically included in all fees charged under this Lease Agreement. The Lessee’s copy of this Lease Agreement is a tax invoice and should be presented to the agent by the Lessee on completion of the lease for inclusion of all additional costs as required. 

23.    The Lessee agrees to be liable for all costs reasonably incurred by the Owner in the recovery of any outstanding amount payable pursuant to the Lease Agreement. This includes:

1. interest at the rate of 5% above the maximum Indicator Lending Variable Rate (for small business loans) for the month in which interest commences, as published by the Reserve Bank of Australia in the Reserve Bank of Australia Monthly Bulletin, payable per annum, compounded daily,
2. any debt collection costs and/or commissions, and
3. any legal expenses (including legal fees and disbursements on an indemnity basis).

24.    The Lessee authorises the Owner to charge the Lessee’s credit or debit card with the Lease Charge and any other amounts payable to the Owner under the Lease Agreement.

Cancellation or Termination of Lease

25.    The Lessee must advise the Owner of their intent to cancel the Lease and provide this advice in writing, a minimum of 20 Business Days prior to the end of the Lease Period. Once advised of this intent, the Owner will arrange a date and time for the Equipment to be collected. 

26.    Any Equipment booking may be cancelled by the Lessee at any time prior to the Start of Lease by contacting the Owner’s office. If the Lessee elects to cancel any Equipment booking the Lessee agrees to pay the Owner 10% of the total fee with the balance refunded to the Lessee. 

Loss, Indemnity and Limitation of Liability

27.    Subject to these Terms and Conditions, the Lessee is strictly liable:

1. for the loss of and all Damage to, the Equipment during the Lease Period, and
2. for all loss or damage the Equipment may cause to any person or property, or any Third Party Loss, which may is caused or contributed to by the Equipment.

28.    The Lessee agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses (including Lease Charges or theft of the Equipment), costs, interest and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the breach of this Lease Agreement by the Lessee or any Third Party Loss, save in the circumstances of loss and damage caused by the negligence or wilful default of the Owner.

29.    The Lessee has rights conferred by consumer protection legislation, including guarantees that the Equipment is of merchantable quality, matches any description or sample against which it is leased and any services are provided to the Lessee by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the Equipment or the lease of the Equipment.

30.    To the maximum extent permitted by law and this Lease Agreement, the Owner accepts no responsibility or liability to the Lessee for any loss, damage, cost, expense, damage (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liability resulting from any breakdown or other failure of the Equipment.

31.    Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Lessee for any indirect, special or consequential damage arising in any way out of any matter covered by this Lease Agreement. 

32.    Unless the Equipment has been leased for personal, domestic or household use, any liability of the Owner, including liability for negligence, is limited to the extent permitted by law to: 

1. In the case of goods, at the option of the Owner:
   1. replacement of the goods or supply of equivalent goods; or
   2. repair of the goods; or
   3. payment of the cost of replacing the goods or acquiring equivalent goods; or
   4. payment of the cost of having the goods repaired.
2. In the case of services, at the option of the Owner:
   1. supplying the services again; or
   2. payment of the cost of having the services supplied again.

33.    During the continuance of the lease the Lessee will not: 

1. sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the Equipment or any interest of the Owner herein or create or allow to be created any security interest over the Equipment;
2. part with possession of the Equipment except to the Owner or contractors, employees or agents of the Owner named in the Lease Agreement; and
3. allow any lien to be created in respect of the Equipment for repairs or otherwise.

34.    Without prejudice to the rights of the Owner to recover from a Lessee any monies due and damages for breach of the Lease Agreement, the Owner may enter into or upon any premises where the Equipment may be located for the purposes of repossessing the Equipment. The Lessee indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.

35.    To the maximum extent permitted by law and this Lease Agreement, the Owner and the Lessee are not liable to each other for default or failure in performance of its obligations pursuant to this Lease Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, labour or transportation or any other cause beyond the reasonable control of the relevant party to this Lease Agreement.

Title to Goods

36.    The Lessee acknowledges that the Owner retains title to the Equipment and that the Lessee has rights to possess the Equipment as a mere bailee only. The Lessee does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so. 

37.    The Lessee also agrees not to:

1. agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage let on hire, or
2. otherwise part with or attempt to part with the personal possession session of, or
3. otherwise deal with the Equipment, and
4. not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.

Personal Property Securities Law

38.    The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (“PPSA”) – financing statement, interested person, register, proceeds, security agreement and security interest. 

39.    The Lessee acknowledges that:

1. by hiring the Equipment, they may be granting a security interest in the Equipment (and any proceeds) to the Owner, and that this Lease Agreement may constitute a security agreement.
2. Any security interest arising under this Lease Agreement attaches to the Equipment when the Lessee obtains possession of the Equipment and not at any other time; and
3. the Owner may perfect its security interest by lodging a financing statement on the PPSA register. 

40.    The Owner does not need to give the Lessee any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.

41.    The Lessee must do anything reasonably required by the Owner to enable the Owner to register its security interest, with the priority it requires, and to maintain the registration. Termination

42.    The Owner may, notwithstanding the specified period of lease and notwithstanding any waiver of some previous default, forthwith terminate the Lease Agreement and immobilise or repossess the Equipment without prior notice or written demand in any of the following events:

1. if the Lessee shall fail to pay any Lease Charge when due;
2. if the Lessee should become or be made insolvent or bankrupt or make any arrangement or composition with their creditors or in the case of a Lessee being a limited company should an order be made or a resolution be passed for the winding up of such company; and
3. if, in the reasonable opinion of the Owner, the Equipment is at risk of Damage, loss or confiscation.

43.    Either the Lessee or the Owner may terminate the Lease Agreement at any time if the other party commits a material breach of the Lease Agreement.

Entire Agreement

44.    The Lessee acknowledges that:

1. the Lease Agreement between the Owner and Lessee comprises the whole agreement between the parties and no collateral oral statements by the Owner, its agents, contractors or employees form part of this Lease Agreement; and
2. They have legal capacity to enter into this Lease Agreement; and
3. the Owner retains the right to amend these terms and conditions at any time. The Owner will inform the Lessee in writing a minimum of 20 business days before the amendment take effect; and
4. the singular includes the plural, the masculine gender includes the feminine in the interpretation of these Terms and Conditions. 

Privacy & Marketing

45.    The Owner will collect and use personal information that the Lessee provides when hiring the Equipment or collected during the use of the Equipment. The Owner will take reasonable steps to protect the Lessee’s personal information from misuse, unauthorised access or wrongful disclosure but may disclose personal information to related and nonrelated third parties and store information about the Lessee. The Owner may use Equipment tracking technology associated with the lease of this Equipment and the Lessee acknowledges and consents to this. A copy of the Owner’s Privacy Policy is published at https://aquaubique.com.au/policy/privacy 

46.    Where the Lessee is a business, the Lessee authorises the Owner to display their business logo on the Owner's website. The Lessee can rescind this authorisation at at time by emailing admin@aquaubique.com.au 

Governing Law and Jurisdiction

47.    The Lease Agreement and these Terms and Conditions are governed by the laws of Queensland. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Queensland and any proceeding brought in the Federal Court of Australia must be instituted in its Brisbane Registry.
Dispute Determination

48.    If any dispute or difference whatsoever must arise between the parties as to the performance or as to the meaning of this agreement such dispute or difference must be submitted to Australian Disputes Centre ("ADC") in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC.