The terms and conditions that govern your use of ITEquip Rental's services and equipment.
Important: Please read these Terms of Service carefully before using ITEquip Rental's services. By requesting a quote, signing a Rental Agreement, or taking delivery of equipment, you agree to be bound by these terms. If you do not agree, do not proceed with any rental.
In these Terms, the following words have the meanings set out below:
2.1 These Terms, together with the Schedule and any accepted quote or proposal, form the entire Agreement between ITEquip and the Customer in relation to the rental of Equipment.
2.2 The Agreement commences when the Customer signs the Rental Agreement (electronically or otherwise) and ITEquip confirms acceptance in writing.
2.3 Any variation to the Agreement must be agreed in writing by both parties. A signed Variation Schedule will form part of the Agreement.
2.4 These Terms supersede all prior representations, negotiations, and agreements between the parties relating to the Equipment.
2.5 The Customer warrants that it has the authority to enter into this Agreement and that it is not entering into the Agreement as a consumer within the meaning of the Australian Consumer Law for personal, domestic, or household purposes.
3.1 ITEquip will use reasonable endeavours to deliver the Equipment to the Customer's nominated address by the agreed delivery date. ITEquip is not liable for delays caused by circumstances beyond its reasonable control.
3.2 The Customer must inspect the Equipment upon delivery. The Customer is deemed to have accepted the Equipment in good working order and condition unless it notifies ITEquip in writing of any defect or damage within 48 hours of delivery.
3.3 Risk of loss or damage to the Equipment passes to the Customer upon delivery and remains with the Customer until the Equipment is returned to and accepted by ITEquip.
3.4 ITEquip may charge a reasonable delivery and configuration fee as specified in the Schedule.
3.5 Where the Customer requests on-site setup or imaging services, additional fees may apply as agreed in the Schedule.
4.1 The Customer must:
4.2 The Customer must not:
4.3 The Customer acknowledges that the Equipment remains the property of ITEquip at all times during the Rental Period.
5.1 The Customer must pay the Rental Fee in advance on the due dates specified in the Schedule. The first payment is due on or before the Delivery Date unless otherwise agreed.
5.2 All amounts are stated exclusive of GST. GST will be added to all invoices at the applicable rate.
5.3 If the Customer fails to pay any amount by the due date, ITEquip may charge interest on the overdue amount at the rate of 10% per annum, calculated daily from the due date until the date of payment.
5.4 ITEquip may also charge a late payment administration fee of $55 (exc. GST) for each payment that is 7 or more days overdue.
5.5 The Customer must not withhold or set off any payment against any claim or dispute it may have against ITEquip.
5.6 ITEquip may increase the Rental Fee on 30 days' written notice to the Customer where there is a material increase in the cost of providing the Equipment or associated services.
5.7 All fees and charges are non-refundable unless otherwise stated in writing by ITEquip.
6.1 The Equipment is and remains at all times the sole and exclusive property of ITEquip. Nothing in this Agreement transfers ownership of the Equipment to the Customer.
6.2 The Customer has no right, title, or interest in the Equipment other than the right to use it during the Rental Period in accordance with this Agreement.
6.3 The Customer must immediately notify ITEquip if any third party asserts any claim, lien, or interest over the Equipment.
6.4 The Customer must not represent to any third party that it owns the Equipment or has any right to sell, encumber, or otherwise deal with it.
7.1 ITEquip warrants that the Equipment will be in good working order at the time of delivery.
7.2 ITEquip will repair or replace (at its discretion) any Equipment that fails due to a manufacturing defect or normal wear within the Rental Period, provided the Customer notifies ITEquip of the fault promptly and the fault is not caused by the Customer's misuse, neglect, or accidental damage.
7.3 ITEquip's standard service level for replacement Equipment is next business day delivery to the Customer's nominated address in metropolitan areas. Regional and remote areas may have longer lead times.
7.4 The Customer must not attempt to repair, service, or modify the Equipment. Any unauthorised repairs will be charged to the Customer.
7.5 Consumables (including batteries, power adapters, and cables) are covered for the first 90 days of the Rental Period only, after which replacement is at the Customer's cost.
8.1 The Customer is responsible for any loss, theft, or damage to the Equipment during the Rental Period (other than loss or damage caused solely by ITEquip).
8.2 If Equipment is lost, stolen, or damaged beyond economic repair, the Customer must pay ITEquip the replacement cost of equivalent new equipment, less any insurance recovery.
8.3 If Equipment is damaged but repairable, the Customer must pay ITEquip the reasonable cost of repair, which may include labour, parts, and freight.
8.4 The Customer must notify ITEquip as soon as practicable (and in any event within 24 hours) of any loss, theft, or significant damage to the Equipment, and must report theft to the police and provide ITEquip with a copy of the police report.
8.5 Damage beyond Fair Wear and Tear at the end of the Rental Period will be assessed and charged to the Customer at ITEquip's then-current repair rates.
9.1 The Customer must, at its own cost, maintain adequate insurance covering the Equipment against loss, theft, and accidental damage for the full replacement value during the Rental Period.
9.2 The Customer must note ITEquip's interest as owner on any such insurance policy and provide evidence of cover to ITEquip upon request.
9.3 The Customer must not do anything that would void or prejudice the insurance cover.
9.4 ITEquip may, at its discretion, offer an optional Equipment Protection Plan as an add-on to the rental. Where the Customer elects this option, the terms of the Equipment Protection Plan will be as set out in the Schedule.
10.1 At the expiry of the Rental Period, the Customer must return the Equipment to ITEquip in good condition (subject to Fair Wear and Tear) at the Customer's cost, unless otherwise agreed in writing.
10.2 ITEquip will arrange collection of the Equipment within 5 business days of the end of the Rental Period. The Customer must make the Equipment available for collection at the delivery address or such other address as agreed.
10.3 If the Customer fails to return Equipment by the end of the Rental Period, ITEquip may charge the Rental Fee on a monthly basis until the Equipment is returned, and may also take steps to recover the Equipment.
10.4 The Customer must ensure all data is removed from the Equipment prior to return. ITEquip will perform a DoD 5220.22-M certified data wipe on all returned Equipment and issue a written certificate of destruction. ITEquip accepts no liability for any data remaining on Equipment after the Customer's return.
10.5 The Customer may, at the end of the Rental Period and subject to ITEquip's agreement, elect to:
11.1 The Customer may not terminate the Agreement before the end of the Rental Period without ITEquip's written consent.
11.2 If ITEquip consents to early termination, the Customer must pay an early termination fee equal to the total of all remaining Rental Fees for the unexpired portion of the Rental Period, discounted at a rate of 5% per annum.
11.3 ITEquip may terminate the Agreement immediately by written notice if the Customer is in Default (see Section 12).
11.4 Early termination does not affect any rights or liabilities that have accrued prior to the date of termination.
12.1 The Customer is in Default if it:
12.2 Upon Default, ITEquip may, without prejudice to any other rights:
12.3 The Customer is liable for all costs incurred by ITEquip in enforcing its rights under this Agreement, including reasonable legal costs on a solicitor-client basis and repossession costs.
13.1 To the maximum extent permitted by law, ITEquip's total liability to the Customer under or in connection with this Agreement (whether in contract, tort, statute, or otherwise) is limited to the total Rental Fees paid by the Customer in the 3 months preceding the event giving rise to the claim.
13.2 ITEquip is not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profits, loss of data, loss of business opportunity, or business interruption, arising out of or in connection with this Agreement or the use of the Equipment.
13.3 ITEquip does not warrant that the Equipment will be free from defects or suitable for any particular purpose beyond its intended use as described in the manufacturer's specifications.
13.4 Nothing in these Terms limits or excludes any guarantee, warranty, right, or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation. Where ITEquip's liability cannot be excluded, it is limited to resupply of the relevant service or payment of the cost of resupply.
14.1 The Customer acknowledges that this Agreement constitutes a security interest in the Equipment in favour of ITEquip for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).
14.2 ITEquip may register its security interest on the Personal Property Securities Register (PPSR). The Customer consents to such registration and agrees to do anything reasonably required by ITEquip to perfect or maintain its security interest.
14.3 The Customer waives its rights under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142, and 143 of the PPSA to the extent permitted by law.
14.4 The Customer must not register any financing statement in respect of the Equipment without ITEquip's prior written consent.
15.1 All amounts stated in the Agreement and Schedule are exclusive of GST unless expressly stated otherwise.
15.2 Where a supply under this Agreement is subject to GST, the Customer must pay to ITEquip, in addition to the consideration for the supply, an amount equal to the GST payable on the supply.
15.3 ITEquip will issue a valid tax invoice for all taxable supplies made under this Agreement.
15.4 Terms used in this clause have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
16.1 Each party agrees to keep confidential all information of the other party that is not publicly available and that is designated as confidential or that a reasonable person would consider to be confidential, including the terms of the Agreement, pricing, and business information.
16.2 The obligations in clause 16.1 do not apply to information that is required to be disclosed by law, a court order, or a regulatory authority, provided the disclosing party gives the other party reasonable prior notice where permitted.
16.3 The confidentiality obligations in this clause survive termination of the Agreement for a period of 3 years.
This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, negotiations, understandings, and agreements relating to the Equipment.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, it will be severed from the Agreement and the remaining provisions will continue in full force and effect.
A failure or delay by either party to exercise any right or remedy does not constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach.
ITEquip may assign or novate this Agreement (or any interest in it) without the Customer's consent. The Customer may not assign its rights or obligations under this Agreement without ITEquip's prior written consent, which will not be unreasonably withheld.
Neither party is liable for any failure or delay in performing its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including natural disaster, pandemic, war, civil unrest, government action, or failure of third-party infrastructure. The affected party must promptly notify the other and take reasonable steps to minimise the impact.
Notices under this Agreement must be in writing and delivered by email or post to the addresses specified in the Schedule or as otherwise notified. Notices sent by email are deemed received on the next business day following transmission.
For any questions about these Terms of Service, please contact us:
Disclaimer: These Terms of Service are provided as a starting point and are intended for general commercial IT equipment rental in Australia. ITEquip Rental recommends obtaining independent legal advice to ensure these terms are appropriate for your specific business circumstances and comply with all applicable laws.