The Client agrees with TigerPak as follows:
1. ACQUISITION AND DELIVERY
1.1 In addition to the rent payments set out herein the Client shall pay and be responsible for all costs of delivery, installation and set-up.
1.2 TigerPak is not responsible for any delay in the delivery of the Equipment or for any loss or damage arising out of the delivery installation or set up of same.
2. OWNERSHIP OF EQUIPMENT
The Equipment is and shall remain during the currency of this Agreement, the sole property of TigerPak.
3. CLIENT’S RESPONSIBILITIES
3.1 Must pay all payments as set out in this Agreement and, in respect of rental installments, to pay by way of periodic Bank debit as specified by TigerPak;
3.2 Use the Equipment in a skilled and proper manner and shall at its expense keep the Equipment in good and substantial repair and condition (fair wear and tear excepted);
3.3 To fully comply with the manufacturer’s instructions and recommendations relating to the Equipment;
3.4 At all reasonable times to make the Equipment available for inspection and servicing by TigerPak service personnel at the times recommended by the manufacturer of the Equipment;
3.5 Not to alter or modify or mark the Equipment in any way without the express written consent of TigerPak;
3.6 Not to remove or operate the Equipment in any place other than that nominated in this Agreement without the express written consent of TigerPak;
3.7 At the Client’s expense insure and keep insured the Equipment during the currency of this Agreement against fire, theft, loss or damage for the full insurable value of the Equipment in the name of TigerPak with an insurance company approved by TigerPak and to deliver such policy or policies to TigerPak. In the event that the Equipment is damaged or destroyed all insurance monies payable shall be received by TigerPak which shall apply such monies in making good the damage or replacing the Equipment as TigerPak deems fit;
3.8 To indemnify and keep indemnified TigerPak against all loss of or damage to the equipment howsoever caused
4. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
4.1 (Registration) TigerPak may refuse to sell, hire or supply goods to the Client until the Client provides all details and data needed to register a “financing statement” or “financing change statement” under the PPSA with respect to any security interest the subject of these Terms.
4.2 (Application of payments) If the Client makes any payment to TigerPak, TigerPak may apply the payment to satisfy any obligation of the Client to TigerPak (whether unsecured, secured by security interest, or secured by purchase money security interest). TigerPak may: (a) apply the payment in any order or manner that it (in its absolute discretion) thinks fit; and (b) amend or re-apply any application made.
4.3 (Exclusions) Sections 95, 121(4), 125, 130, 132(3)(d), 132(4), and 135 of the PPSA are excluded and contracted out of to the full extent permitted by section 115 if the PPSA. The Client waives the right under PPSA section 157 to receive a notice in relation to registration events which relate to collateral described in the registration as commercial property.
5. DETERMINATION OF AGREEMENT ON DEFAULT
5.1 TigerPak may determine this Agreement upon the happening of any of the following events, each of which constitute an act of default by the Client or failure to comply with any terms or conditions of this Agreement;
5.2 In the case of the Client being a Company:
a) an application or order is made or a resolution passed for the winding up of the Company or the Appointment of an Administrator;
b) a Provisional Liquidator or Administrator is appointed to it;
c) a Receiver or Receiver/Manager is appointed to is or if a Mortgagee or Charge takes possession of all or any of the Client’s undertaking or assets.
6. TIGERPAK RIGHTS ON DEFAULT
6.1 In the event of a default by the Client the Client grants TigerPak has the right to determine this Agreement and enter any land or premises occupied by the Client and retake possession of the Equipment.
6.2 The determination of this Agreement shall not affect the right of TigerPak to recover from the Client all and any monies due and owing to TigerPak under this Agreement or damages for breach thereof.
7. TIGERPAK RIGHT OF DETERMINATION FOR LOSS OR DAMAGE
In the event that the Equipment is lost, stolen or damaged beyond repair or destroyed TigerPak may at its option terminate this Agreement by notice to the Client.
8. EXCLUSION OF WARRANTIES
8.1 The Client acknowledges and agrees as follows:-
8.2 prior to signing this Agreement it examined the Equipment and satisfied itself as to the condition, quality, title, suitability and specifications of the Equipment and its fitness for the Client’s purposes;
8.3 It has relied solely upon its own judgment in all matters relating to the selection of the Equipment and that neither TigerPak nor any person on its behalf have given any warranty or representation as to its condition nor performance ability or suitability for any particular purpose;
8.4 So far as the law permits, that any warranties which may be complied by law or statute, be excluded.
9. NON ASSIGNMENT OF THIS AGREEMENT
The Client shall not without the express consent in writing from TigerPak assign or attempt to assign its rights under this Agreement to any other person.
10. MAINTENANCE OF EQUIPMENT
10.1 General maintenance of the tools will be carried out on a regular basis to ensure efficiently working tools to reduce downtime.
10.2 All standard repair work on tools and all parts on the tools are lient’s responsibility.
10.3 All damage to tools to be client’s responsibility.
11. VARIATION OF THIS AGREEMENT
The parties acknowledge and agree that any variation to this Agreement sought by the Client shall not be effective unless it is expressly agreed to in writing by TigerPak.
12.1 This Agreement is governed by the laws of the State of New South Wales
12.2 The Client authorises TigerPak to complete any blank spaces in the Schedule including but not limited to dates, serial numbers and identification details of the equipment.
12.3 Any notice or demand to be given by TigerPak to the Client may, in addition to any other manner in which it may be given, be sent by prepaid post, or transmitted by facsimile, addressed to the Client at the last known place of residence or business of the Client and shall be deemed to have been received: if delivered, on the day of delivery; if sent by pre-paid post, on the second business day following posting; and if transmitted by facsimile, on the day of transmission if a business day, or otherwise on the next business day.