INITIAL DISCLOSURE STATEMENT – RENTAL AGREEMENT
You agree that we can provide you with information in relation to or about your lease of the Equipment, including any changes to this rental agreement, in any one (or more) of the following ways:
- posting a notice or letter to your address:
- sending you an email to your email address:
Any notice or information provided to you will be considered to have been received by you on:
- the day it was given, emailed or faxed to you:
- three business days after it was posted to you:
As no fixed term applies, the total amount payable by you under this lease is not able to be determined until the end of the lease.
In respect of both types of lease, we can terminate this lease at any time if we consider (at our reasonable discretion) that you have breached the terms of this lease. Penalty fees/charges may apply.
Any damage to the Equipment may result in possible further fees.
If you breach the terms of the lease, you must pay to us any amount we incur in fixing the breach. It will be a breach of this lease if you:
- fail to pay your rental payments when due,
- wilfully or carelessly damage the Equipment,
- sell the Equipment, lend the Equipment to a friend or otherwise part with possession of the Equipment,
- become bankrupt,
- use the Equipment in a way that the manufacturer and/or Invacare did not intend for it to be used, or if you use the Equipment in such a way as to deliberately or carelessly cause injury or harm to yourself or others,
- grant any person (other than us) a security interest in the Equipment as defined in the Personal Property Securities Act 1999, and/or
- do or allow to be done, any other act which might have an adverse effect on Invacare or on Invacare's rights in the Equipment.
Default interest is payable at 15% per annum on any payment that you fail to make when due, from the date of demand until such time as that due payment is made to us calculated daily.
We do not provide any implied or express guarantees or warranties about the Equipment other than those contained in the Consumer Guarantees Act 1993. While we do our best to ensure that your Equipment is in good working order at the time you receive it, you agree that Invacare is not liable for any loss or damage caused in connection with the supply or use of the Equipment, including failure of the Equipment. This includes any indirect or consequential loss you may have suffered, including (but not limited to) the loss of income or the disruption of travel or other plans. If, at any time, you think there is a fault with the Equipment, you should contact us immediately. If liability is established, then Invacare's maximum liability to you will be limited to the rental received from you under this lease.You agree to indemnify us in respect of any loss, damage, liability or cost incurred or suffered by us as a result of any breach by you of this lease. Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993.