Terms and Conditions
1. Camera: Lessor hereby leases to Lessee the following Camera: Dome Single Camera Setup (X01) Includes: “I-site” metal kit, Optimised 120W solar panel, 12V 50AH Battery and the X01 enclosure box (the “Camera”).
2.Invoice date is the date starting hiring period. (beginning date) and will end (upon Lessee written request one week prior of required end day) (Lease Term).
3. LEASE PAYMENTS: Lessee agrees to pay to Lessor as rent for the Camera the amount of $200+GST (“Rent”) each month in advance on the first day of each month. If the Lease Term does not start on the first day of the month or end on the last day of a month, the rent will be prorated accordingly. If Lessee wishes to end the agreement in the middle of the month, payments will be collected based on $60+GST/week.
4. LATE CHARGES: If any amount under this Agreement is more than 7 days late, Lessee agrees to pay a late fee of $10+GST extra for each week of delay.
5. SECURITY DEPOSIT: NO security deposit is required,
6. INSTALLATION AND REMOVAL FEES: Our team will book you an appointment the following day upon availability. Our professional installer will contact you on site to discuss the best location and view angle options. A fee of $160+GST to be included in the first invoice.
7. DEFAULTS: If Lessee fails to perform or fulfil any obligation under this Agreement, Lessee shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Lessee shall have seven (7) days from the date of notice of default by Lessor to cure the default. In the event Lessee does not cure a default, Lessor may at Lessor’s option (a) cure such default and the cost of such action may be added to Lessee’s financial obligations under this Agreement; or (b) declare Lessee in default of the Agreement. If Lessee shall become insolvent, cease to do business as a going concern or if a petition has been filed by or against Lessee under the Bankruptcy Act or similar federal or state statute, Lessor may immediately declare Lessee in default of this Agreement. In the event of default, Lessor may, as permitted by law, re-take possession of the Equipment. Lessor may, at its option, hold Lessee liable for any difference between the Rent that would have been payable under this Agreement during the balance of the unexpired term and any rent paid by any successive lessee if the Equipment is re-let minus the cost and expenses of such reletting. In the event Lessor is unable to re-let the Equipment during any remaining term of this Agreement, after default by Lessee, Lessor may at its option hold Lessee liable for the balance of the unpaid rent under this Agreement if this Agreement had continued in force.
8. POSSESSION AND SURRENDER OF THE CAMERA SETUP: Lessee shall be entitled to possession of the camera setup on the first day of the Lease Term. At the expiration of the Lease Term, Lessee shall surrender the Equipment to Lessor by giving access to Lessor or Lessor’s agent to remove the camera setup in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Agreement.
9. USE OF CAMERA: Lessee shall only use the Camera and its APP in a careful and proper manner and will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance.
10. CONDITION OF CAMERA AND REPAIR: Lessee or Lessee’s agent has inspected the Camera and acknowledges that the Camera is in good and acceptable condition.
11. MAINTENANCE AND DAMAGE: Lessor commits to provide Lessee with a reliable service with camera APP access 24/7. Lessor takes all necessary steps to restore the online service. Lessee will, at Lessee's sole expense, keep and maintain the Camera clean and in a good working order and repair it during the Lease Term. In the event that unit is damaged (solar panel, camera or wiring), Lessee shall pay to Lessor 50% of the replacement cost of any part with a capped cost of $500+GST; in addition, the obligations of this Agreement shall continue in full force and effect through the Lease Term.
12. INSURANCE: Lessee shall be responsible to maintain insurance on the Camera with any lose for public in case of Camera falling. Also, losses payable to Lessor for the whole unite against fire, theft, and other such risks as are appropriate and specified by Lessor. The value of the camera setup to be calculated by the sale price at the time of theft less the hiring cost charges already paid.
13. ENCUMBRANCES, TAXES AND OTHER LAWS: Lessee shall keep the Equipment free and clear of any liens or other encumbrances, and shall not permit any act where Lessor’s title or rights may be negatively affected. Lessee shall be responsible for complying with and conforming to all laws and regulations relating to the possession, use or maintenance of the Camera. Furthermore, Lessee shall promptly pay all taxes, fees, licenses and governmental charges, together with any penalties or interest thereon, relating to the possession, use or maintenance of the Camera.
14. LESSORS REPRESENTATIONS: Lessor represents and warrants that he/she has the right to lease the Equipment as provided in this Agreement and that Lessee shall be entitled to quietly hold and possess the Camera, and Lessor will not interfere with that right as long as Lessee pays the Rent in a timely manner and performs all other obligations under this Agreement.
15. OWNERSHIP: The Equipment is and shall remain the exclusive property of Lessor.
16. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
17. ASSIGNMENT: Neither this Agreement nor Lessee’s rights hereunder are assignable except with Lessor’s prior, written consent.
18. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
19. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
20. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Lessor and Lessee.
21. CUMULATIVE RIGHTS: Lessor’s and Lessee’s rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
22. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance of rent by Lessor does not waive Lessor’s right to enforce any provisions of this Agreement.
23. INDEMNIFICATION: Except for damages, claims or losses due to Lessor’s acts or negligence, Lessee, to the extent permitted by law, will indemnify and hold Lessor and Lessor’s property, free and harmless from any liability for losses, claims, injury to or death of any person, including Lessee, or for damage to property arising from Lessee using and possessing the Equipment or from the acts or omissions of any person or persons, including Lessee, using or possessing the Equipment with Lessee’s express or implied consent.
24. ADDITIONAL TERMS & CONDITIONS (Specify “none” if there are no additional provisions) [Remainder of Page Intentionally Left Blank] Camera Lease Agreement 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.