IMPORTANT:
While our website provides a standard set of Terms and Conditions, we recognize the unique requirements of each client. As such, specific rental agreements may allow for customized terms to better align with individual project needs, subject to mutual agreement and understanding.
The Customer accepts the rental terms including but not limited to as follows:
1.1 The Customer accepts that acceptance of supply of equipment constitutes acceptance and agreement of these terms and conditions.
1.2 These terms and conditions override all other Customer terms or conditions of purchase.
1.3 The rental period commences on [DATE] (“Rental Start Date”), as agreed and terminates on [DATE] at 5:00 p.m. (“Rental Return Date”), as agreed, unless Parties agree to extend the Rental Period as per Clause 3.6 of this Rental Agreement.
1.4 If the Equipment is not returned by the Rental Return Date, then Rental Charges will continue to accrue until the Equipment is returned (complete with all accessories and undamaged). The Schedule of Hire Rates shall determine the additional Rental Charge, at the time.
1.5 In the event of early return before the expiry of the Rental Period, TESTWAGON may, at its sole discretion, adjust the Rental Charge to reflect the shorter rental duration.
1.6 Equipment returned to TESTWAGON ‘s office (complete with all accessories and undamaged) from which it was dispatched to the customer before 9:00 am on any business day will be deemed to have been received on the previous calendar day. Equipment received after 9:00 am on any business day will be recorded as received on that business day.
3.1 The Customer shall be responsible for the payment of all costs, taxes, charges, imposts and expenses that arise or are incurred by virtue of this rental including:
3.1.1 Any Stamp Duty or like or similar duty applicable to rental transactions or rental business.
3.1.2 Any Goods or Services Tax or taxes in the manner or nature of a Goods and Services Tax.
3.1.3 Any Value Added Tax or a tax in the manner or nature of a Value Added Tax.
3.1.3 Any Sales Tax or tax of a similar manner or nature.
3.1.4 Any Rental Tax or tax on rentals.
3.1.5 Any customs duties and tariffs. If any of the above taxes or duties applies in the country of rental, then the Customer in addition to the rental fee will pay such applicable tax and/or duty. In certain instances, equipment may need to be sourced from outside of the country of rental. In those circumstances TESTWAGON reserves the rights to adjust any rental fee if there is any adverse currency fluctuation between the country of rental and the country of source. The Customer indemnifies TESTWAGON in respect of any claims for such costs, charges imposts and expenses applied or incurred.
4.1 Any delivery of Equipment to the Customer shall take place at the Customer’s Premises as set forth in the Rental Agreement at the expense and risk of the Customer, even if arranged by TESTWAGON.
4.2 The return of the Equipment by the Customer is solely at the Customer’s expense and risk, even if arranged by TESTWAGON, and shall be to the premises of TESTWAGON from where the Equipment was dispatched. The Customer agrees to not ship the Equipment by post.
5.1 TESTWAGON warrants that the Equipment rented is merchantable quality.
5.2 Nothing in these terms and conditions shall restrict, modify or exclude any conditions, warranties, rights or liabilities which may at any time be implied in this Rental Agreement by any legislation in the Republic of Singapore including the conditions or warranties implied by the Supply of Goods Act (Cap 394) where to do so would render any provisions of this Rental Agreement void or unenforceable.
5.3 Other than expressly provided for in this Rental Agreement the Customer acknowledges that it has not relied upon any statement or representation by TESTWAGON in respect of the Equipment or the use of the Equipment by the Customer irrespective of whether or not the Customer’s purpose for the use of the Equipment is known to TESTWAGON the Customer acknowledges that under no circumstances is TESTWAGON responsible or liable for any failure or unsuitability of the equipment to perform the purpose required by the Customer.
6. MAINTAINENANCE
6.1 TESTWAGON shall at its expense when it deems necessary provide maintenance and recalibration for Equipment and shall use its best endeavours to expeditiously repair or replace Equipment, which may become defective during the rental period through no fault of the Customer.
6.2 If the Equipment does not operate properly, the Customer shall notify TESTWAGON and request instructions before taking any action. The responsibility for advising TESTWAGON of any need for recalibration rests with the Customer.
6.3 TESTWAGON may at its sole and absolute discretion and for such length of time as it deems expedient replace Equipment with another of such type or model as shall for the time being available and Equipment substituted shall be subject to these conditions.
7.1 Notwithstanding the Rental Period, TESTWAGON expressly reserves to itself the right to require early cessation, which may be exercised on demand and at the absolute discretion of TESTWAGON.
7.2 If TESTWAGON so demands, the Customer shall return the Equipment to TESTWAGON forthwith.
7.3 In the event of early cessation of the Rental Agreement, the applicable Rental Charges shall be adjusted and payable on a pro-rata basis. For the purposes of the pro-rata, a week shall be of seven days and a month shall be of thirty days.
8. SAFEKEEPING
8.1 The Customer is responsible for the safekeeping of the Equipment and shall bear the risk of any loss, theft, damage or destruction of Equipment and if the Equipment shall require repair or recalibration or replacement as a result of the Customer’s use of the Equipment, the Customer shall bear the cost of any such repair or recalibration or replacement including any freight charges there occasioned.
8.2 The Customer shall pay to TESTWAGON the replacement cost as assessed by TESTWAGON of the Equipment which is lost, stolen, destroyed or damaged beyond repair. The Customer shall pay to TESTWAGON a reasonable calibration and refurbishing fee in the event that ownership labels, calibration seals or anti-tamper notices affixed to Equipment are removed or defaced.
8.3 Any item, article, accessory, document or thing supplied in conjunction with the Equipment (including operation manuals) not returned to TESTWAGON upon cessation of the rental period shall be paid for by the Customer with a fee determined by TESTWAGON being charged to the account of the Customer.
8.4 In respect of damage or loss of Equipment, or failure to return all of the Equipment, which may render the Equipment unusable, the Rental Period shall continue, and the Customer shall continue to pay the Rental Charges until the Equipment has been returned or repaired, or the Customer has paid the replacement cost of new Equipment or accessories.
8.5 The Customer indemnifies TESTWAGON all loss or damage suffered as a consequence of such damage or loss to, or failure to return the Equipment and accessories.
9. CUSTOMER DEFAULY, TERMINATION & REPOSSESSION
9.1 If the Customer is in breach of this Rental Agreement, TESTWAGON shall be entitled to treat this Rental Agreement as breached and repudiated by the Customer and with or without notice accept the repudiation notice, accept the repudiation, and terminate this Rental Agreement whereupon the Customer shall immediately, at its own cost and expense, return the Equipment to TESTWAGON and failing such return TESTWAGON may repossess the Equipment and charge the Customer for all of its costs and expenses incurred in doing so. Any such termination shall not prejudice any right to recover any unpaid rental and the rights and obligations under Clause 11.0. Further TESTWAGON shall be entitled to recover all damages including any consequential damages incurred.
9.2 Where the Rental Agreement is terminated under Clause 12.1 the Customer consents to TESTWAGON, its servants and agents entering its premises, or any other premises where the Equipment is located, using such force as is necessary to repossess the Equipment. The Customer must provide TESTWAGON with all reasonable assistance in order to locate and collect the Equipment. If the Equipment is not available for collection at the nominated time and or place the Customer will be liable for any additional costs TESTWAGON incur. TESTWAGON will not be liable for any damage to property caused by any person in collecting the Equipment
10. INDEMNITY
10.1 The Customer agrees to indemnify TESTWAGON and be responsible for all costs, charges and other liabilities incurred by TESTWAGON as a result of the Customer’s breach of any of these terms and conditions or as a result of TESTWAGON ‘s enforcement of any of these terms and conditions or arising out of or in any way connected with the use of the Equipment.11. SEPARATE ITEMS OF EQUIPMENT
11.1 The Customer agrees to indemnify TESTWAGON and be responsible for all costs, charges and other liabilities incurred by TESTWAGON as a result of the Customer’s breach of any of these terms and conditions or as a result of TESTWAGON ‘s enforcement of any of these terms and conditions or arising out of or in any way connected with the use of the Equipment.
12. LIABILITY
12.1 If the Equipment does not function as warranted or in the event of any breach by TESTWAGON of Rental Agreement, then to the extent permitted by law, TESTWAGON ‘s liability (if any), for any loss, damage or injury whatsoever shall be restricted to the amount of the rental for the duration of the monthly rental period in which the breach occurs and TESTWAGON shall not be liable for any item of so called consequential loss. If this Rental Agreement constitutes a supply of goods or services to a consumer, as defined in the Supply of Goods Act (Cap 394), nothing in this Rental Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Rental Agreement and the goods or the services to be supplied, where to do so would be unlawful. In such case, TESTWAGON ‘s sole liability for breach of any such condition, warranty or other obligation, including consequential loss, shall be limited to:
12.1.1 Replacement of goods;
12.1.2 Supply of equivalent goods;
12.1.3 Refund of the invoiced value of the goods;
12.1.4 The repair of the goods;
12.1.5 The supply of the services again (in relation to the services); or
12.1.6 The refund of the original fee (in relation to the services).
12.2 If the Equipment is returned or repossessed, TESTWAGON is not liable to the Customer for any consequential damage or other damage arising out of or by reason of any Customer data or information being contained in the Equipment.
12.3 TESTWAGON will not be liable for any failure to deliver the Equipment or perform services under this Rental Agreement if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other matters beyond the control of TESTWAGON. In addition, TESTWAGON will not be liable for any delay or failure to deliver by any freight company or delivery service to deliver the Equipment to the Customer or any consequential loss or damage arising in respect of delivery of the Equipment.
13. PROPERTY
13.1 The property in the Equipment remains with TESTWAGON unless the Customer purchases the Equipment and the Customer is not in breach or in default of the Rental Agreement. The property in the Equipment shall not pass to the Customer until and unless all monies owing including rental and purchase price have been received by TESTWAGON and the payments received shall be applied first in reduction of any outstanding rental and interest and second on account of the purchase price.
14. NTELLECTUAL PROPERTY RIGHTS
14.1 All rights pertaining to industrial or intellectual property including but not limited to copyrights patents and trademarks are expressly reserved. The Customer shall not make any copies or authorise any copying of anything supplied such as software programs and operating manuals except with the prior written authority of TESTWAGON and the owner/licensor and in accordance with the license terms as applicable. All copies must be delivered up with the Equipment.
15. CONSUMABLES
15.1 TESTWAGON is entitled to separately charge for consumables including but not limited to pens, paper, toner cartridges, drum developer, fuser, ink jet cartridges and ribbons supplied by TESTWAGON for the operation of the Equipment.
16. GOVERNING LAWS
16.1 This Rental Agreement and any attached schedules, which are incorporated by reference and made an integral part of the Rental Agreement constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Rental Agreement or in the attached schedules will be binding on any of the parties unless set forth in writing and signed by both parties. The Rental Agreement will be deemed to be executed and delivered in Singapore and governed by the laws of the Republic of Singapore.
17. ABRITRATION
17.1 Any controversy or claim arising out of or related to this Rental Agreement or breach of this Rental Agreement will be settled by arbitration with the Law Society Arbitration Scheme in Singapore. The decision and award of the arbitrator will be final and binding and any award may be entered in any Court having jurisdiction. The prevailing party in any such arbitration shall be entitled to an award of reasonable legal fees and costs in addition to any other relief granted.
18. SEVERABILITY
18.1 If any provision of this Rental Agreement or the application of any of its provisions to any party or circumstances is held invalid or unenforceable, the remainder of this Rental Agreement and the application of those provisions to the other parties or circumstances, will remain valid and in full force and effect.
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