AquaChill has supplied the CUSTOMER with the EQUIPMENT described in this document on the terms and conditions set out herein.
AquaChill will install the EQUIPMENT at the premises of the CUSTOMER and will service the EQUIPMENT periodically during each year as specified in the agreement
The Services referred to will include cleaning of EQUIPMENT, sterilizing f water contact components, replacing the filter with a new filter, checking the thermostat and general maintenance of the EQUIPMENT. Additional Services will be charged at the standard applicable rate at the time
The EQUIPMENT at all times remains the property of AquaChill and the CUSTOMER agrees not to sell, offer for sale, assign, mortgage, pledge, lend or otherwise part possession of the EQUIPMENT from the place which AquaChill delivered and installed the EQUIPMENT without the prior written consent of AquaChill. The replacement value of THE EQUIPMENT is $1400+GST, which will become due in the event of any breach by the CUSTOMER of this clause.
The CUSTOMER will not restrict access to the EQUIPMENT in any way that will inconvenience AquaChill in their attendances to service, maintain or recover the EQUIPMENT
AquaChill may enter the premises of the CUSTOMER at any time during normal business hours for the purpose of servicing the EQUIPMENT and the CUSTOMER hereby agrees that in the event of the CUSTOMER being Thirty Days or more in arrears with the payment specified in the agreement then AquaChill nay at their option enter the CUSTOMERs premises and remove the EQUIPMENT without prejudice to its rights to recover moneys owing by the CUSTOMER
The CUSTOMER will only use the EQUIPMENT for the storage, filtration, cooling and dispensing of drinking water and for no other purpose whatsoever and the CUSTOMER will maintain the EQUIPMENT in a clean, healthy and hygienic condition and will not tamper with, damage or remove the EQUIPMENT from the CUSTOMER’s premises
The CUSTOMER will be liable for any injury, loss or damage to any person or property arising out of or in any way connected with the use of the EQUIPMENT at all times whilst the EQUIPMENT is located in the CUSTOMER’s premises
The CUSTOMER hereby indemnifies AquaChill in respect of any claim, action or proceeding made or taken against AquaChill in connection with or arising out of or in any way incidental to injury, loss or damage connected with the use of EQUIPMENT irrespective of any negligence of AquaChill and the CUSTOMER will insure the EQUIPMENT against loss or damage of any kind whilst the EQUIPMENT remains on the CUSTOMERs premises
This RENTAL AGREEMENT IS FOR A MINIMUM PERIOD OF TWELVE MONTHS and the CUSTOMER whether paying yearly or half-yearly understands that the minimum term is TWELVE MONTHS
This RENTAL AGREEMENT will automatically renew for a further period of twelve months and upon identical conditions, as specified herein upon at the expiration of this agreement unless either the CUSTOMER gives AquaChill written notice to the contrary at least 30 days prior to its expiration or AquaChill declines to extend the agreement for a further term
AquaChill will provide the services per year per unit in the agreement
Under the terms and conditions of this agreement it is hereby agreed that the amount due and payable per year is determined in part by the services per year specified therefor any additional services over and above the number specified may be invoiced separately by AquaChill to the CUSTOMER at the AquaChill s standard extra service call rate applicable at the time
AquaChill agrees to suspend hiring charges on a pro rata basis if the CUSTOMER notifies AquaChill immediately of a malfunction or breakdown unless the malfunction or breakdown is due in the opinion of AquaChill to any act, omission, negligence or misuse by the CUSTOMER or the CUSTOMER’s servants, staff, agents visitors CUSTOMERs or subcontractors
The CUSTOMER agrees that it has inspected the EQUIPMENT and confirms to AquaChill that it is in good order and condition and that the CUSTOMER has satisfied itself as to its suitability for the intended purpose
Unless notice to the contrary is given by either party to this agreement to the other prior to renewal date, notwithstanding any termination, the terms of this agreement where relevant will continue until the EQUIPMENT is collected by or delivered to AquaChill in the same condition in which it was originally supplied to the CUSTOMER, fair wear and tear excepted.
In the event of a breach of this AGREEMENT, the AquaChill may, at its option, terminate this agreement and collect the EQUIPMENT from the CUSTOMER. In order to do so, AquaChill may enter at any time without notice upon the premises of the CUSTOMER and collect the said EQUIPMENT and take whatever steps AquaChill deems necessary at the cost and expense of the CUSTOMER to safeguard the EQUIPMENT. The CUSTOMER hereby indemnifies AquaChill in respect of any claims arising out of any such action taken by AquaChill irrespective of any neglect, act or omission by the AquaChill . All moneys payable by the CUSTOMER to AquaChill under this agreement shall then become due and payable
Notwithstanding anything herein contained, AquaChill will continue to be subject to any implied warranty provided by the Trade Practices Act 1974, if and to the extent that the said Act is applicable to this AGREEMENT and prevents the exclusion, restriction or modification of any such warranty
The CUSTOMER hereby agrees AquaChill may obtain and use information about the creditworthiness (including a consumer or commercial credit report) from a credit reporting agency, credit provider or other business that reports on creditworthiness for the purpose of assessing a CUSTOMER (including this CUSTOMER) or for the purpose of collecting overdue account payments in this section THE CUSTOMER refers to THE CUSTOMER/or the Authorised Signatory ( if applicable).
This Agreement shall be governed by the laws of the State of Western Australia and AquaChill and the CUSTOMER hereby submit to the jurisdiction of the courts of the State
