Rental agreement for Golf needs to be edited have gone through a bit need emails and numbers added in sections regarding contacts General Terms and Conditions Your Rental Agreement is made up of three parts: a. the Rental Application; b. the Rental Agreement Summary; and c. these General Terms and Conditions (General Terms). The meaning of capitalized words and some other key expressions is explained in clause 28 at the end of these General Terms. There is an explanation of your major rights and obligations under the National Credit Code at the end of these General Terms. These General Terms do not contain all the terms of your Rental Agreement or all information we are required to give you before the Rental Agreement is formed. Further terms and information are in the Rental Agreement Summary and these General Terms constitute your Rental Agreement with us. The documents constituting your Rental Agreement become binding on us only if we have accepted your offer to rent the Item constituted by the Rental Application that you gave to us. 1. Rental Agreement 1.1 By submitting a Rental Application to us, you offer to rent the Item on the terms set out in the Rental Agreement and intend to be legally bound by those terms. 1.2 If we accept your Rental Application, we will provide the Item to you in the manner described in the Rental Application. 1.3 We are not obliged to provide the Item if: a) all documents that we reasonably require have not been received in a form satisfactory to us; b) you have given misleading financial or other information in your Rental Application; c) you have not complied with any other conditions that have been reasonably requested that you satisfy; d) you are in default under the Rental Agreement; or e) we reasonably believe that you will be unable to comply with your obligations under the Rental Agreement. 1.4 If you enter into the Rental Agreement jointly with another person, you are jointly and severally liable for the obligations under the Rental Agreement. 1.5 The Rental Agreement does not constitute a hire purchase agreement or an agreement for sale of goods by instalment within the meaning of any legislation dealing with such agreements. 1.6 Disclaimer of warranties: a) upon delivery of the Item you have to inspect the Item and satisfy yourself that the item is in good operating order and condition. b) You have to reply on your own judgement as to the quality and condition of the Item and the fitness and suitability of the item for any particular purpose. c) Under the ASIC Act, Australian Consumer Law, National Credit Code or any law to a similar effect, you may have the benefit of statutory warranties, guarantees and other rights against us in respect of the Item or any services. Apart from that, and to the fullest extent permitted by law: i) we don’t give and warranties or guarantees in relation to the Item or any services: ii) our liability in respect of the Item or any services is limited to the repair or replacement of the Item or re-supply of the services or the cost of these; and iii) we are not liable for indirect or consequential damage or loss arising in relation to the Item or any services. d) No third party is authorised to act as our agent to agree or negotiate and change to these General Terms or to make any warranties or representations about the Item. You may have rights against: i) the Supplier or Seller of the Item if any of their warranties or representations are incorrect: or ii) us (if we are a linked credit provider or lessor of the Supplier or Seller under the National Credit Code or any other consumer laws). 2. Cooling-off period for Preloved Items 2.1 If an Item is Preloved Item and is not to your satisfaction, you may return the Item in the same condition as delivered within 14 days of the delivery date If You have a 3 month or longer lease ,No cooling of period for day or week hire, entitling you to a refund of any amounts paid to us for the Item. However, if the Item is damaged (other than due to delivery), you are liable for the cost of any necessary repairs. 2.2 If you choose to return the Item, it must be returned in accordance with any advised returns procedure. Until returned, you must exercise all due care and you remain liable for any loss or damage. 2.3 If you do not exercise these cooling-off rights, you will be taken to have accepted that the Item as delivered is of acceptable quality. 2.4 If the Item subject to the Rental comprise one or more articles that are Preloved and one or more articles that are new the exercise of cooling-off rights in respect of any Preloved Item will not affect the rental of the remaining articles and the rental Agreement will otherwise continue as regards any such other article or articles and the Monthly Rental Charge and any other charges shall be adjusted accordingly. 3. Delivery of Item 3.1 We will use all reasonable efforts to ensure the Item is shipped or made available for collection as soon as possible. However, we are not responsible for delays. 3.2 Without limiting your cooling-off rights under clause 2, where the Item is shipped to you the Item will be checked prior to shipping to ensure it is of acceptable quality. If on receipt you find damage due to delivery or other imperfection, you must contact us within 3 hours and return the Item to us, repacked using the original packaging for assessment. 3.3 If we accept the Item was damaged during delivery, a replacement Item will be sent to you and we will bear all costs of return and re-sending, If we do not accept the damage was caused during delivery, the Item will be repaired and returned to you, with repair return and re-sending costs at your expense. 3.4 If you are required to make separate arrangements with a dealer or other third party for the delivery, installation or set up of the Item, the associated costs are in addition to any payments you are required to make to us and will be charged to you separately by the dealer or other third party. 3.5 If you do not accept the applicable delivery, installation or set up costs, you may cancel the Rental Agreement by notifying us as soon as possible. Failure to promptly notify us may result in you waiving your right to cancellation or you may be required to reimburse us for any expenses incurred as a result. 3.6 If the National Credit Code applies to the Rental Agreement, you may end the Rental Agreement with written notice before the Item is provided to you. If you do this, any costs or fees incurred before ending the Rental Agreement become immediately payable. 4. Rental and Other Charges 4.1 During the Rental Period, you must pay the Rental Charge, and any other periodic amount payable under the Rental Agreement, on or before each payment date stated in the Rental Agreement Summary. 4.2 Payments under the Rental Agreement must be by means of your selected Payment Option, unless we have agreed in writing to receive payment from you by a different method. You must promptly update us if any account details associated with your Payment Option change as failure to do so may result in a default in payment of the agreed Rental Charge.agreed Charges are debited or charged on the basis of a full rental charge, with no pro rata adjustment for shorter periods. 4.3 Monthly Rental Charges are debited or charged on the basis of a full rental charge, with no pro rata adjustment for shorter periods. 4.4 To prevent incurring additional charges following early termination of the Rental Agreement, the Item must be returned to us before the next payment is due. Your liability for Monthly Rental Charges continues until we receive the Item. 4.5 You must pay us any other charges provided for by the Rental Agreement by the due date for payment of that charge specified in the Rental Agreement Summary or these General Terms. 4.6 If direct debit is available as a Payment Option and you have made that selection, you agree that: a) you must ensure that the account from which the direct debit will occur has sufficient funds or available credit limit to satisfy the direct debit request on each date that a payment is due under the Rental Agreement; b) we may initiate a direct debit request on each date that a payment is due under the Rental Agreement; c) if a direct debit request is dishonoured, we may initiate further direct debit requests for that amount at any time after the due date for that amount, with the timing and frequency of such further direct debit requests being at our absolute discretion; and d) we are not liable for any fees that your incur as a result of a direct debit request being dishonoured. 5. Maintenance and repair responsibility for loss 5.1 Subject to clause 5.7 you must keep the Item in good repair, condition and working order (normal fair wear and tear excepted) and you must pay the costs of any necessary repairs, maintenance and servicing, including parts. 5.2 You must use, service and maintain the Item in accordance with the manufacturer’s instructions and recommendations. 5.3 You may modify the Item only with our written consent. 5.4 Subject to this clause and clause 6, you are liable for any loss, destruction or damage (including in transit where you are not returning the Item to us personally) to the Item however caused and for any consequential loss or damage caused by the Item. You will be liable for the cost of repairing any damage to the Item, or the Replacement Value of the Item where we reasonably determine that the Item cannot be adequately repaired. 5.5 We are not required to obtain insurance against the risk of loss, destruction or damage to the Item. You may, at your own expense, obtain insurance in respect of such risks. 5.6 You must provide us with written notice within 72 hours of any loss, destruction or damage to the Item. The notice must contain the details specified in clause 13. You must also take any further action that we may reasonably direct you to take in order to preserve our position as owner of the Item. 5.7 Unless you are in default, we will, at our expense, repair and maintain the Item (excluding any supplied case) as may be required due to normal use to the extent we consider necessary to keep the Item in proper working orderor if we consider it necessary, replace the Item. In that case, we will use our best endeavours to do so with an Item as near as possible of equivalent standard or comparable model or functionality having regard to the age and condition of the Item and available stock at the time.. Normal use is determined by us but does not include defects due to your misuse or negligence, the work of any person you permit (without our consent) to carry out any maintenance or repairs or as set out in clause 21. 5.8 If the Goods require repair, maintenance or replacement, the Rental Period continues to run and Monthly Rental Charges and monthly fees for the Protection Plan (if applicable) remain payable while the Item is undergoing repair or is awaiting replacement. We will use our best efforts to provide you with a replacement Item as soon as possible, but will not be responsible for any delay. 5.9 If the Item requires repair, maintenance or servicing you must first contact us and we may direct you to take the Item to an authorized repairer, in which case you will be required to, at your expense, arrange for delivery of the Item to the repairer and collection of the Item on completion of the work or arrange for a technician to attend where the Item is installed. 5.10 If you become liable to pay the Replacement Value of the Item under clause 5.4, a certificate signed by our authorised officer stating the Replacement Value at the relevant time will be conclusive evidence of the Replacement Value and the Rental Agreement will be regarded as terminated from that date. This will not affect your liability to pay the Replacement Value in full, together with any other monies owing under the Rental Agreement or in respect of the indemnity in clause 7. 6. Optional Protection Plan 6.1 You may obtain a Protection Plan if we represent that a Protection Plan is available for your Item and you indicate in your Rental Application that you wish to obtain a Protection Plan and the Rental Agreement Summary states that a Protection Plan has been obtained. 6.2 If you have obtained a Protection Plan, we will waive the general liability for loss of or damage to the Item in clause 5, or if the Waiver Limit applies then then to the extent of the the Waiver Limit, subject to the provisions of this clause 6,if: a) the Item is lost due to theft within Australia, damaged due to fire, otherwise accidentally damaged, or damaged by a third party; b) you comply with the required reporting process in clause 6.8 below; c) in the case of accidental damage (including damage due to fire), we are reasonably satisfied that the damage was accidental and did not arise due to any deliberate or intentional act, neglect or lack of reasonable care (including using the Item contrary to any manufacturer specifications) or proper supervision by you; d) in the case of damage by a third party, we are reasonably satisfied that the Item was in your possession at the time that it was damaged; and e) in the case of theft, we are reasonably satisfied the theft did not occur due to any neglect, lack of reasonable care or proper supervision by you, and clauses 6.3 to 6.13 will apply instead. 6.3 In the case of damage to the Item, depending on our assessment of the damage, we may in our absolute discretion: a) replace the Item with an Item being as nearly as possible of equivalent standard or comparable model or functionality, having regard to age and condition of the Item and available stock at the time; or b) repair the Item at our cost provided that our obligation to repair does not extend to matters of a trivial or aesthetic nature.In the case of theft or damage that is destruction of the Item, the Item will be replaced with one of at least equivalent standard, having regard to its age and condition. 6.4 In the case of theft or damage that is destruction of the Item, the Item will be replaced with an Item being as nearly as possible of equivalent standard or comparable model or functionality, having regard to age and condition of the Items and available stock at the time. 6.5 If you obtain a Protection Plan, you must pay the fee for the Protection Plan stated in the Rental Application at the same time and by the same payment method as the Rental Charge. 6.6 You may cancel the Protection Plan by giving us notice in writing. If you cancel the Protection Plan, following receipt of notice from you, the fee for the Protection Plan will cease to be payable. Once cancelled, the Protection Plan cannot be reinstated. 6.7 If you determine to end the Rental Agreement due to any of the events described in this clause 6, and in the circumstances the Waiver Limit applies, you will remain liable for repair or replacement costs as the case may be, to the extent that they exceed the Waiver Limit. 6.8 To comply with the required reporting process under the Protection Plan, you must: a) notify us within 72 hours of the occurrence of loss of or damage to the Item and provide us with any other information and take such other steps as required by this clause; b) in the case of damage by fire or loss due to theft of the Item, report the damage or theft to the appropriate police authority within 72 hours of the damage or theft occurring and give us a statutory declaration containing the following information: 1) a description of the events that resulted in the Item becoming damaged or stolen; and 2) particulars of the police report made in relation to the incident, including the police report number, date of the police report and the name and location of the police station. When reporting the incident to police, you must include our details and state our interest in the Item as the owner; c) in the case of accidental damage, within 7 days of the notification, give us a statutory declaration describing how the Item became damaged; d) in the case of damage by fire or loss due to theft, within 7 days of notification provide us with any supporting evidence that we may require to negligence or lack of care on your part or to determine whether the incident falls within the definition of theft under clause 6.10(c) (for example details of any witness, photographs and/or repair bills as evidence of fire or forcible entry); and e) in the case of damage to the Item, return the Item to us to enable us to assess f) the nature of the damage and determine whether the liability waiver under the Protection Plan applies and if so whether the Item needs to be repaired or replaced. 6.9 If you do not fully and strictly comply with clause 6.8, we may determine that the liability waiver does not apply. 6.10 Under the Protection Plan: a) Accidental damage means damage caused by an event that occurs by chance, is unintended, unexpected or unforeseen and without intent and is not caused as a result of lack of reasonable care, negligence or proper supervision by you. Accidental damage does not include damage resulting from use of the Item in environments or conditions in which the Item is not designed to be used (for example subjecting the Item to rain, water spray or other moisture conditions, extreme temperature, mechanical and/or electrical interference) or from using the Item contrary to any specifications/user manual published by the manufacturer (the onus being on you to familiarize yourself with any manual supplied with the Item or otherwise download any manufacturer’s manual from its website or contact us) or if the Item has not been properly maintained; b) Damage to an Item includes destruction of the Item; and c) Theft means: i) a third party unlawfully taking or removing the Item from your possession with the intention of permanently depriving you of the Item; or ii) any third party who you have lent the Item to or otherwise permitted to use the Item unlawfully, dishonestly or fraudulently taking or misappropriating the Item with the intention of permanently depriving you of possession of the Item. The meaning of Theft for the purposes of the Protection Plan is independent of the definition of theft or other similar concepts at law. d) For the purposes of clause 6.2(e) and without limitation, the following situations are examples of theft that occurs due to neglect, lack of reasonable care or proper supervision by you: i) Loss of the Item if it is left unattended in any public area or an open unsecured area; ii) if the Item is taken from premises occupied by you or under your control, loss of the Item as a result of entry to the premises being gained otherwise than by forcible means (for example a door or window not being securely locked); or iii) if the Item was taken from a motor vehicle, the Item was not stored in the vehicle’s luggage storage compartment or, if stored in the vehicle’s luggage compartment, was visible from outside the vehicle (even if the vehicle was locked). An exception to this is where the item is a bicycle and is properly secured to a motor vehicle bicycle rack). 6.11 Waiver Limit: The maximum value of the liability waiver under the Protection Plan: a) in the case of theft of the Item from a motor vehicle, whatever the circumstances (including in the case of a bicycle removed from a motor vehicle bicycle rack) is $2,500; and b) In the case of accidental damage, if the Item is a bicycle (including an electric bicycle) is $2,500 arising from any one event other than if caused by theft or attempted theft (not from a motor vehicle) which is not subject to the waiver limit. 6.12 If the cost to repair the Item or in the case of replacement the Replacement Value exceeds $2,500, you must pay the difference to us. You must pay any repair costs for the Item or the Replacement Value for the Item to the extent it exceeds $2,500 to us even if you decide to end the Rental Agreement in accordance with clause 11.3. 6.13 The cost to repair the Item will be our actual costs incurred for parts and labour. If repairs are performed by our staff, labour charges will be calculated at a reasonable hourly rate not exceeding that of a comparable third party. The cost of replacing the Item will be the Replacement Value as at the date of the relevant event. A certificate signed by our authorised officer as to the cost of repair or the Replacement Value will be conclusive evidence of that cost or the Replacement Value. 7. Indemnity 7.1 You agree to indemnify us, together with our employees, officers and agents, against any reasonable loss, expense or claim we reasonably incur (including costs we reasonably incur in defending a claim) or may suffer as a result of: a) your use of the Item; or b) your breach of the Rental Agreement. 7.2 Any amount payable to us under the indemnity in clause 7.1 is payable immediately on request. 7.3 You may require us to provide evidence of the occurrence and amount of any loss for which we seek indemnity under clause 7.1. 8. Default and remedies 8.1 You are in default under the Rental Agreement if: a) you breach any term of the Rental Agreement (whether or not that term requires you to pay money to us); b) you give us, or another person gives us on your behalf, incorrect or misleading information in connection with the Rental Agreement (including in your Rental Application); c) we believe on reasonable grounds that you or another person has acted fraudulently in connection with the Rental Agreement; or d) you become insolvent or steps are taken to declare you bankrupt. 8.2 If you are in default on any amount due under the Rental Agreement, an administration default fee as set out in the Rental Application will be payable per default. This fee is payable immediately at the time of the default. 8.3 Subject to any requirements imposed by the National Credit Code (if applicable), if you are in default and do not rectify that default within 30 days of us giving you a notice identifying the default, we may terminate the Rental Agreement immediately by giving you written notice of termination. 8.4 If we terminate the Rental Agreement under clause 8.3, you must: a) immediately return the Item to us in accordance with clause 11.4; and b) immediately pay to us liquidated damages of an amount equal to the sum of: 1) all monies payable to us up to the date of termination; 2) the Rental Charge for any unexpired portion of the Minimum Rental Period; 3) if the Item is not returned to us or recovered by us (including if we fail to take action to seize the Item from you), the Replacement Value of the Item; 4) if the Item is returned to us or seized by us, the lesser of the Replacement Value of the Item or the reasonable cost of any repairs required to restore the Item to Acceptable Condition ; and 5) all reasonable (in amount and occurrence) expenses incurred by us in enforcing, or attempting to enforce, our rights under the Rental Agreement. 8.5 Subject to us complying with any prerequisites imposed by law, if you do not return the Item to us as required by clause 8.4(a), we may take possession of the Item and enter onto premises for the purpose of taking, or attempting to take, possession of the Item. 8.6 You must reimburse us for any reasonable expenses we reasonably incur in enforcing the Rental Agreement or exercising our rights under the Rental Agreement when you are in default. Any such reimbursement is payable immediately on our request. 8.7 For the purposes of this clause a certificate signed by our authorised officer stating the Replacement Value at the relevant time will be conclusive evidence of the Replacement Value. 9. Privacy and credit reporting 9.1 You agree that we may collect, hold, use and disclose personal information about you for any purpose set out in our Privacy and Credit Reporting Policy as amended from time to time, which is available on Our Website. 9.2 If you do not provide us with the personal information we request from you, we may choose not to approve your Rental Application. 9.3 If you provide personal information about a party in your Rental Application, you warrant to us that you have their consent to provide the information or are otherwise authorised to do so. 9.4 By submitting the Rental Application, you agree that we, or our authorised agent, may contact any employer or referee named in the Rental Application to verify the information you have given in the Rental Application. 10. Ownership and use 10.1 The Item remains our absolute property. Nothing in the Rental Agreement confers any right, title or interest in the Item on you other than possession as a bailee of the Item. 10.2 You must not do or permit anything to be done that may result in any charge, lien or security interest being created in respect of the Item or allow it to be taken out of your direct control. If a third party seizes or attempts to seize the Item, you must advise us immediately. 10.3 If you allow someone else to use the Item, anything done by them or occurring while the Item is in their possession or control is taken to have been done by you as the renter or occurred while in your possession or control. 11. Duration of rental period 11.1 The Rental Agreement commences on the Rental Start Date and continues until the Termination Date, unless: a) terminated earlier in accordance with clause 8.3 or 11.3; or b) extended in accordance with clause 11.7. 11.2 Prior to the Termination Date, we will contact you to discuss your options at the end of the Rental Term and assist you finalising the Rental Agreement. You consent to us contacting you by telephone, SMS or email for this purpose. 11.3 You may end the Rental Agreement at any time before the end of the Termination Date either by: a) purchasing the Item in accordance with clause 12 below; or b) returning the Item to us in Acceptable Condition and by paying to us: 1) any outstanding monies due under the Rental Agreement; 2) the Monthly Rental Charge for any unexpired portion of the Minimum Rental Period; and 3) if the Item is not returned to us in Acceptable Condition, the reasonable cost of repairs to restore the Item to Acceptable Condition. 11.4 At the end of the Rental Agreement, you must return the Item to us in accordance with the instructions provided in the Rental Agreement Summary or obtained by contacting us on 1300 858 911. Depending on your location, you may be directed to our nearest collection point or we may make arrangements with you for collection of the Item by our agent or contractor at your expense. 11.5 If the Item comprises more than one article, you may terminate the Rental Agreement for one or more articles in accordance with this clause and the Rental Agreement will continue concerning the remaining article/s and the Monthly Rental Charge and any other charges will be adjusted accordingly.The termination of the Rental Agreement does not affect your liability to pay any rental charge or other monies that fall due prior to the Termination Date. 11.6 The termination of the Rental Agreement does not affect your liability to pay any rental charge or other monies that fall due prior to the Termination Date. 11.7 If you do not return the Item to us by the Termination Date, the Rental Agreement will continue on a monthly basis and you will be liable to pay the Monthly Rental Charge and the monthly Protection Plan fee (if applicable) until the Item is returned, provided that we reserve the right to treat non return as a default (unless you have contacted us and we have agreed other arrangements with you) and end the Rental Agreement at any time after the Termination Date in accordance with clause 8. 12. Request to purchase 12.1 You may make us an offer to purchase the Item at any time during the Rental Period. If we accept your offer to purchase, you will own the Item and the Rental Agreement will be terminated. 12.2 We may, in our absolute discretion, accept or reject your offer to purchase the Item. 12.3 The fair value of the Item at varying times during the Rental Period is set out in the Rental Agreement Summary and further information of the fair value at other times (and if the Item comprises more than one article as regards each individual article) is available by contacting us on1300 858 911 or by email to info@polygongroup.com.au or can be viewed in your customer portal. An offer to purchase the Item for the fair value is more likely to be accepted than an offer to purchase the Item for a lesser price. 12.4 If you are in arrears with payments or owe any other monies under the Rental Agreement, all such amounts must be paid in full at the same time as the agreed purchase price if we accept your offer to purchase the Item. 12.5 Where we agree to sell the Item to you, the full purchase price and any outstanding monies under the Rental Agreement must be paid at the point of sale, unless agreed otherwise. 13. Notices 13.1 Unless stated otherwise in the Rental Agreement, notices and communications under the Rental Agreement must be given in writing, including in electronic form via email. 13.2 By submitting a Rental Application to us, you consent to notices and other documents being given to you by electronic communication. However, we may, in our discretion or where required by law, give physical documents to you notwithstanding your consent to electronic communications. 13.3 We may give you a notice under the Rental Agreement: a) by email to the email address provided in your Rental Application – such notice will be deemed to have been received by you on the date that it is sent; or b) by prepaid post addressed to your last known residential address – such notice will be deemed to have been received by you 48 hours after posting. 13.4 You may give us a notice under the Rental Agreement: a) by prepaid post addressed to us at 4/12 murlong cres Palm beach– such notice will be deemed to have been received by us 48 hours after posting; b) c) by email – such notice will be deemed to have been received by us on the date that it is sent. 13.5 You agree that we can contact you via any phone number or electronic communication address that you have provided to us in relation to the Rental Agreement. 13.6 You must notify us immediately if your contact details (address, phone number or email address) change. You can update your details by emailing us at 14. Governing Law 14.1 The Rental Agreement is governed in accordance with the laws of Queensland unless otherwise required by law (including the National Credit Code and the PPSA) and if by law the Rental Agreement is or should be regarded as being subject to another jurisdiction then this clause will be read as referring to that other jurisdiction. 15. Severance 15.1 If a provision of the Rental Agreement is or becomes void or unenforceable: a) that provision may be severed from the Rental Agreement and the remaining provisions continue in full force and effect; and b) if possible, the provision is to be replaced with a valid and enforceable provision which achieves as close as possible the same economic effect to the severed provision. 16. Variation 16.1 Subject to us complying with any requirements under the National Credit Code, we may at any time vary the Rental Agreement with your consent and unless the National Credit Code requires otherwise you will be taken to have consented to a variation if you allow a Rental Charge to be made after having been given at least 30 days prior notice to the proposed variation. 16.2 Any variation of the Rental Agreement will apply only after the expiry of the notice period. 16.3 Clause 16.1 does not apply to variations made under clause 20.3, for which no consent is required. 17. Assignment of rights 17.1 We may assign, novate or otherwise deal with our rights under the Rental Agreement in any way we consider appropriate. We will notify you in advance of any assignment. You must execute all documents which in our opinion are necessary to effectively assign, novate or otherwise deal with our rights under the Rental Agreement. You agree that we may disclose to third parties any information we consider desirable to help us exercise this right. 17.2 Your rights under the Rental Agreement are personal to you. You must not assign, novate, transfer or deal with your rights or obligations under the Rental Agreement, otherwise than with the written consent of us (which must not be unreasonably withheld). 18. Waiver of rights 18.1 Any concession given to you by us does not affect our rights under the Rental Agreement. 18.2 Waiver of a particular breach is not to be taken as a waiver of any further or continuing breach. 18.3 The ending of the Rental Agreement does not affect our entitlement to recover any amount due under the Rental Agreement or damages for any breach of the Rental Agreement. 19. Entire agreement 19.1 The Rental Agreement represents our entire agreement with you regarding the rental of the Item. You agree that any representations made by us or our agents that are not reproduced in the Rental Agreement do not form part of the Rental Agreement and have not been relied upon by you in entering into the Rental Agreement or otherwise. 20. Stamp duty and GST 20.1 The Monthly Rental Charge does not include stamp duty, which we will be liable for. 20.2 All amounts payable by you to us under the Rental Agreement are inclusive of GST. 20.3 If the rate of GST is increased during the term of the Rental Agreement, we may increase the amount of any payment (for example, the Monthly Rental Charge and the monthly fee for any Protection Plan) to account for the increased GST rate. 21. Exclusions 21.1 In the event of damage to the Item, any obligation imposed on us by these General Terms to either replace or repair the Item will only arise where you can demonstrate to our reasonable satisfaction that the damage in some way has an effect on the proper performance or functioning of the Item. Damage of a trivial nature or only to the aesthetic appearance of the Item without more will be insufficient. 22. The PPSA 22.1 To the extent of any inconsistency between the terms of this clause and the other terms of the Rental Agreement, the terms of this clause will prevail. 22.2 In this clause, words or expressions that are defined in the PPSA have the same meaning as in the PPSA. 22.3 On accepting your Rental Application, we may register our interest in the Item by way of recording a security interest on the PPSR without notice to you unless a notice requirement is prescribed by the PPSA. 22.4 If you purchase the Item, and following receipt of the purchase price, we have registered a security interest concerning the Item on the PPSR, we will within the time specified by the PPSA (or if no time specified, as soon as practical) take the required steps under the PPSR to discharge the security interest. 22.5 You acknowledge and agree that: a) the Rental Agreement may give rise to a security interest in the Item; b) you will do anything, including provide all information and execute all documents, which we request and is reasonably necessary for us to register and perfect our security interest in the Item and to the extent allowed by the PPSA, waive your right to receive any notice under the PPSA; c) our security interest in the Item (and any monies owing) may be a purchase money security interest (PMSI) to the extent it secures payment of amounts owing in relation to the Item or to the extent that it represents the interest of a lessor of goods under a PPS lease or if for any reason it does not qualify for registration as a PMSI we may nevertheless register any other form of security interest permitted by the PPSA in respect of our interest in the Item or for securing payment of amounts owing in relation to the Item under the Rental Agreement; d) you will not grant a security interest in the Item adverse to our security interest in the Item; e) if your conduct in relation to the Item results in the creation of a security interest in your favour, any such security interest will not have priority over our security interest and you will perfect the security interest as soon as possible in order to prevent any third party’s interest in the Item gaining priority over our security interest; f) we may apply any monies received from you: 1) to satisfy any portion of unsecured debt; 2) to satisfy any portion of secured debt but not by a PMSI; or 3) to satisfy any portion of debt secured by a PMSI, or otherwise as we see fit; and g) you will do anything we request (including obtaining consents, signing documents or providing information) which is reasonably necessary to enable us to enforce our rights in connection with the Item; and h) you will pay our costs and expenses incurred to enforce any security interest arising under the Rental Agreement. 22.6 You agree that we: a) need not comply with sections 121(4), 125, 127, 129(2)-(3) 130, 132(3)(d), 132(4) and 136(3)-(5) of the PPSA or any other provision of the PPSA notified to you by us after the date of this Rental Agreement, to the extent the law permits them to be excluded; b) may not exercise rights under sections 142 and 143 of the PPSA to the extent the law permits them to be excluded; and c) need not give any notice required under the PPSA (including a notice of a verification statement, but not including a statement under section 135) unless the requirement to give the notice cannot be excluded. 22.7 You agree that, to the extent permitted by the PPSA, sections 127, 129(2) and (3), 132, 134(2), 135, 136(3)-(5) and 137 will not apply to our enforcement of a security interest in the Item. 22.8 Notwithstanding any provision otherwise contained in the Rental Agreement, notices or documents required or permitted to be given under the PPSA must be given in accordance with the PPSA. 22.9 Neither party will disclose or authorise disclosure to an interested person (as defined in section 275(9) of the PPSA), any information of the kind set out in section 275(1) of the PPSA. This clause will constitute a confidentiality agreement under section 275(6) of the PPSA. 23. Special provisions – electrical equipment 23.1 This clause applies only if the Item represents or comprises of or includes electrical equipment. 23.2 We warrant that the Item has been inspected and tested in accordance with the applicable legal standard prior to you receiving the Item. 23.3 If you use the Item only for consumer or domestic purposes (this being a Consumer Lease unless you have expressly advised us to the contrary our expectation is that the item will only be used for such purposes), you are not required to have the Item further inspected and tested at the expiry of any period indicated on the Item (although you may choose to do so voluntarily at your own expense). 23.4 If you choose to use the Item in any commercial application, you must comply with any inspection and testing requirements that may arise, and you agree to indemnify us, our employees, officers and agents against all loss, damage, injury, costs, claims, demands and expenses that we may incur as a result of any failure on your part to comply with such requirements. 24. Special provisions – computer equipment 24.1 This clause applies only if the Item represents or comprises of or includes computer equipment or any other device relying on firmware or other software for operation. 24.2 You acknowledge that: a) any preloaded software is not owned by us and is subject to third party copyright; b) your use of any software is governed by a limited copyright licence, a copy of which is included with the Item or available from us, and it is your responsibility that you comply with the licence terms; c) the limited copyright licence ceases at the end of the Rental Period; d) the software may only be used in conjunction with your use of the item during the Rental Period and you are not permitted to copy, modify or transfer the software either in whole or in part without the copyright owner’s consent; e) except as expressly contained in this clause, we have made no statement, warranty or representation about the copyright owner or the software; and f) we do not have any obligation to maintain or upgrade any preloaded software. 24.3 In addition to clause10, you expressly acknowledge that: a) any Item comprising of or including computer equipment returned to us at the end of the Rental Period or due to our repossessing the Item may be rented to another customer; b) you are responsible for removing, deleting, cleaning and erasing your personal information stored on the Item and any software not previously installed on the Item prior to returning the Item and you accept the risk if you fail to do so that personal information may remain stored on the Item and be accessible by subsequent renters of the Item. As a result, you release us from any responsibility or liability arising from any third party accessing, using or disclosing any such information; and c) we may take steps to remove, delete, clean and erase personal information about you from the Item prior to rental to another customer, but accept no responsibility if personal information about you remains on the Item; d) this clause does not merge or cease to have effect at the end of the Rental Period. 24.4 Without limiting the effect of any provision in the Rental Agreement, you must: a) at all times comply with the limited copyright license referred to in clause 24.2 and immediately notify us if you become aware of any breach, including threatened breach and provide us with any assistance that we may reasonably require in relation to any action to be taken in relation to such breach; b) when returning the item, also return any original preloaded copies of software and any other media originally supplied to you containing the software, together with any manuals, accessories, CDs and DVDs supplied with the Item; c) either return or destroy any copy of the software made for backup purposes, including any modified copy or portions of the software that has been merged into other software; d) not engage in any form of reverse engineering process with respect to the software or any manual relating to the software; e) not load any software onto the Item in contravention of any copyright or cause any computer viruses, worms, Trojans or the like or any other form of software- based malfunction to be introduced; and f) not tamper with or remove any protective seal on the Item. 24.5 Where the Item is a Preloved Item, you acknowledge and agree that: a) we will use our best efforts to remove any Offending Material but we do not give any warranty that the Item is free of Offending Material which may have been stored on the Item; b) you accept the risk that the Item and its use and performance may be affected by Offending Material not detected or removed by us; c) you release us from any responsibility or liability whatsoever for any loss or damage caused by any Offending Material that may have been stored on the item and not removed by us; and d) this clause does not merge or cease to have effect at the end of the Rental Period. 24.6 Our obligation to keep the Item in good working order does not apply in circumstances where the Item becomes damaged, defective or not in good working order due to any of the following: a) the improper use of the Item, including where there has been an accidental erasure of preloaded software and/ or formatting of the hard disk, in which case it is your responsibility to pay for the cost of recovering or reloading preloaded software; b) malware, any other software based malfunction, the Item being improperly or illegally used or abuse of the Item; and c) your breach of any of the matters required to be to be observed under this clause 24. 24.7 To the maximum extent permitted by law, we are not liable for any loss, damage, claim, liability, demand, legal or other expenses whatsoever arising out of or in connection with the loss or corruption of your data, programmes, files or removable storage media due to any cause in relation to the Item. a) you must familiarise yourself with and comply with all applicable laws governing the use of the Item; b) you must familiarise yourself with and comply with all safety warnings, cautions, guidelines, pre-use checklists, operating procedures and servicing and maintenance guidelines as contained in the user or operator manual supplied with the Item and (where applicable) as otherwise communicated to you at the point of collection of the Item. If you are not provided with the manual, you must advise the dealer or us (as applicable) to obtain a manual before using the Item; c) to the maximum extent permitted by law, you assume all risks however arising or caused associated with use of the Item, including: 1) personal injury to you or any third party; 2) property damage (including 3rd party property) and it is solely your responsibility to insure against such risks as you think fit; and d) prior to allowing another person to use the Item, you must ensure that the person is legally permitted to do so and complies with subclauses (a) and (b) as if they were a party to the Rental Agreement. 25.4 If you have obtained a Protection Plan, the following provisions apply in relation to theft, and prevail to the extent of any inconsistency with clause 6: a) if the Item is at your home or on common property and you are not in immediate attendance, the Item must be secured in a fully enclosed area securely locked location (not being an area generally assessable to the public or visible from the street or a public area) and securely locked though the frame of the Item and attached to an immovable object using a locking device designed for bicycle locking; b) if the Item is away from your home, whenever you are not in immediate attendance the Item must be securely locked through its frame and attached to an immovable object using a locking device designed for bicycle locking; c) if the Item is being transported by air as checked baggage or as cargo, it must be securely packed in a container designed for the Equipment d) and failure to do any of the above will result in any theft being deemed to occur due to neglect, lack of reasonable care or proper supervision by you. 25.5 If you have obtained a Protection Plan, the Waiver Limit applies in all cases of theft of the Item, even if the Item is not stolen from a motor vehicle and is secured in a manner required by clause 25.4. This clause prevails to the extent of any inconsistency with clause 6.11. 27. Financial hardship 27.1 If you notify us that you are or will be unable to meet your payment obligations under the Rental Agreement (whether or not the National Credit Code applies to the Rental Agreement), we may in our absolute discretion waive any unexpired portion of the Minimum Rental Period and allow you to return the Item and end the Rental Agreement. 27.2 If you give notice under clause 27.1, you must give us any information about your financial circumstances that we request. We are not required to exercise our discretion under clause 27.1 if you do not give us the information we request. 28. Use of the item Unless we are expressly advised otherwise the Item is taken to be used for private, domestic or household purposes (for example use in a commercial application). The Monthly Rental Charge has been calculated on the basis of use for private, domestic or household purposes and accordingly if on inspection of the Item upon return, having regard to the nature of the Item (for example cameras) the degree of use indicates any commercial application, additional costs may apply to restore the Item to Acceptable Condition. 29. Definitions and Interpretation 29.1 In the Rental Agreement: a) a reference to: 1) anything includes the whole and each part of it, 2) a document (however described) includes and is a reference to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in electronic form; and 3) any party includes its permitted assignee or transferee. b) the “liability” of a person includes references to the person’s liability under any cause of action, whether in contract, tort, equity or under any enactment; c) ‘law’ means common law, principles of equity, and laws made by parliament (and laws made by parliament include regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of them); d) the words ‘including’, ‘such as’ or ‘for example’ when introducing an example do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; e) the word ‘person’ includes an individual, a firm, a body corporate, unincorporated association, partnership, joint venture, trust or any government authority, body or entity, in each case whether or not having a separate legal identity; f) the singular includes the plural and vice versa; and g) headings are for convenience only and do not affect the interpretation of this Rental Agreement. 29.2 In the event of any inconsistency between these General Terms and the Rental Application, the Rental Application prevails to the extent of the inconsistency. 29.3 In the Rental Agreement: Acceptable Condition means the condition of the Item at the commencement of the Rental Period, subject to fair wear and tear since that time based on use for private, household or domestic purposes unless some other greater level of use has been accepted by us (for example if we expressly accept that the Item may also be used for some degree of commercial application). Delivery or any reference delivery or to taking delivery means where the context requires or admits shipping the Item to you or your collecting the Item from your selected dealer. Fair value of the Item at any time is taken to be the indicative fair value stated in the Rental Agreement Summary for that time and such further information as to the indicative fair value of the Item at other times (and if the Item comprises more than one article as regards each individual article) as is available by contacting us on1300 858 911 or by email to info@polygongroup.com.au or as can be viewed in your customer portal, unless you provide evidence reasonably satisfactory to us that the fair value of the Item is some other amount. GST means the tax payable under the GST law defined in A New Tax System (Goods and Services Tax) Act 1999 as amended. Item means the goods identified as such in the Rental Agreement Summary and if more than one article such articles together or taken separately as the context requires or admits and any replacement goods given to you under the Rental Agreement. Minimum Rental Period means the period of time identified as such in the Rental Agreement Summary. Monthly Rental Charge means the monthly charge for the Item as listed in the Rental Agreement Summary. National Credit Code means the National Credit Code set out in Schedule 1 of the National Consumer Credit Protection Act 2009 (Cth). Offending Material means viruses, worms, Trojans or the like, any other software based malfunctions and any offensive and undesirable material. Our Website means www.polygongroup.com.au www.musicorp.com.au, www.cameracorp.com.au, www.instrumentrental.com.au, www.studio19.com.au, www.sportcorp.com.au or www.technocorp.com.au. Payment Option means the payment option you selected in your Rental Application, identified in the Rental Agreement Summary. PPSA means the Personal Property Securities Act 2009 (Cth). PPSR means the Personal Property Securities Register maintained under the PPSA. Preloved Item means an Item identified as such in the Rental Agreement Summary. Protection Plan means a program limiting your liability as outlined in clause 5. Rental Agreement means and is comprised of the Rental Application, Rental Agreement Summary and these General Terms. Rental Agreement Summary means the document titled as such that we have signed by way of entering into the Rental Agreement with you which you will receive after your Rental Application is accepted and we are able to allocate stock to satisfy the Item you offered to rent from us in your Rental Application and otherwise confirming the information submitted in your Rental Application and any additional terms and conditions that were agreed when submitting your Rental Application. Rental Application means the application submitted by you to us comprising the offer by you to rent the Item on the terms of the Rental Agreement. Rental Period is the period described in clause 11.1. Rental Start Date means the date expressed as such in the Rental Agreement Summary being a date not before the Item is shipped to you for delivery or made available for collection from your selected dealer (whichever is applicable).. Replacement Value means our cost to replace the Item with the same or equivalent article or model of equivalent standard or condition to the Item at the start of the Rental Period, less an allowance for fair wear and tear having regard to the length of the Rental Period and the nature of the Item. Termination Date means the date identified as such in the Rental Agreement Summary. you or your means the person/s named as renter in the Rental Application. Waiver Limit is defined in clauses 6.11 to 6.13. we or us or our means and includes its employees, agents and representatives acting on its behalf. Form 17 Information statement A. Things you should know about your consumer lease This statement tells you about some of the rights and obligations of yourself and your lessor. It does not state the terms and conditions of your lease. B. The Lease 1. How can I get the details of my lease? Your lessor must give you a copy of your consumer lease with this statement. Both documents must be given to you within 14 days after the lessor enters into the consumer lease, unless you already have a copy of the consumerlease. If you want another copy of your lease write to your lessor and ask for one. Your lessor may charge you a fee. Your lessor has to give you a copy— within 14 days of your written request if the contract came into existence 1 year or less before your request; or otherwise within 30 days. 2. What should my lease tell me? You should read your lease carefully. Your lease should tell you about your obligations, and include information on matters such as— details of the goods which have been hired; and any amount you have to pay before the goods are delivered; and stamp duty and other government charges you have to pay; and charges you have to pay which are not included in the rental payments; and the amount of each rental payment; and the date on which the first rental payment is due and either the dates of the other rental payments or the interval between them; and the number of rental payments; and the total amount of rent; and when you can end your lease; and what your obligations are (if any) when your lease ends. This information only has to be included in your lease if it is possible to give it at the relevant times. If your lease does not tell you all these details, contact the AFCA scheme, or get legal advice, for example from a community legal centre or Legal Aid, as you may have rights against your lessor. 3. Can I end my lease early? Yes. Simply return the goods to your lessor. The goods may be returned in ordinary business hours or at any other time you and the lessor agree on or the court decides. 4. What will I have to pay if I end my lease early? The amount the lease says you have to pay. If you have made rental payments in advance then it is possible that your lessor might owe you money if you return the goods early. 5. Can my lease be changed by my lessor? Yes, but only if your lease says so. 6. Is there anything I can do if I think my lease is unjust? Yes. You should talk to your lessor. Discuss the matter and see if you can come to some arrangement. If that is not successful, you may contact the AFCA scheme. THE AFCA SCHEME IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. THE AFCA SCHEME CAN BE CONTACTED AT 1800 931 678, info@afca.org.au OR GPO BOX 3, MELBOURNE VIC 3001. Alternatively, you can go to court. You may also wish to get legal advice, for example from a community legal centre or Legal Aid, and/or make a complaint to ASIC. ASIC can be contacted on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au. C. The Goods 7. If my lessor writes asking me where the goods are, do I have to say where they are? Yes. You have 7 days after receiving your lessor’s request to tell your lessor. If you do not have the goods you must give your lessor all the information you have so they can be traced. 8. When can my lessor or its agent come into a residence to take possession of the goods? Your lessor can only do so if it has the court’s approval or the written consent of the occupier which is given after the occupier is informed in writing of the relevant section in the National Credit Code. D. General 9. What do I do if I cannot make a rental payment? Get in touch with your lessor immediately. Discuss the matter and see if you can come to some arrangement. You can ask your lessor to change your lease in a number of ways— to extend the term of your lease and reduce rental payments; or to extend the term of your lease and delay rental payments for a set time; or to delay rental payments for a set time. 10. What if my lessor and I cannot agree on a suitable arrangement? If the lessor refuses your request to change the rental payments, you can ask your lessor to review this decision if you think it is wrong. If the lessor still refuses your request, you can complain to the AFCA scheme. Further details about this scheme are set out below in question 12. 11. Can my lessor take action against me? Yes, if you are in default under your lease. But the law says that you cannot be unduly harassed or threatened for rental payments. If you think you are being unduly harassed or threatened, contact the AFCA scheme or ASIC, or get legal advice. 12. Do I have any other rights and obligations? Yes, The law will give you other rights and obligations. You should also READ YOUR LEASE carefully. IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING THE AFCA SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT THE AFCA SCHEME OR GET LEGAL ADVICE. PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.