We may elect to terminate this Agreement by giving written notice to the other party provided that such termination (i) will not affect the rights of the parties accrued as at the date of termination; (ii) relieve you from your obligation to pay to us the Rental Fee; and (iii) the provisions of clause 9 will apply as if an event of default had occurred.
Without prejudice to any other right we have under this Agreement, you agree to indemnify and hold us harmless for any loss, cost, damages, expense or liability we incur or may incur (including legal costs on a full indemnity basis, charges, taxes, penalties, levies and expenses) as a direct or indirect result of:
In this Agreement, unless a contrary intention appears:
“Agreement” means the agreement comprised by these terms and conditions, the Schedule and any other document that we agree in writing is an agreement for the purposes of this document.
“Business Day” means any day (other than a Saturday, Sunday or Public Holiday) we are open for business in Sydney.
“Encumbrance” means any interest in, right or any form of security over the property, including, but not limited to:
“Extended Term” means, where you continue to rent the Equipment under this Agreement after the end of the Initial Term, each consecutive period of three calendar months commencing on the day following the end of the Term.
“Equipment” means, for this Agreement, the goods and other property listed in the Schedule, including all licenses, associated documents, manuals, installation certificates, maintenance records, spare parts and accessories and includes any replacement Equipment.
“GST” means the goods and service tax imposed by the GST Law.
“GST Law” has the same meaning as the term “GST” in the GST Law.
“GST Act” means A New Tax System (Equipment and Service Tax) Act 1999 and all related and auxiliary legalisation.
“Initial Term” means the terms specified in the Schedule as the Initial Term in accordance with clause 7.1.
“Payment Date” means dates for the payment of the Rental Installments specified in the Schedule for the duration or the Term and any Extended Term.
“Renter” or “You” means the person or persons named on the first page as the renter and if there is more than one, means each of them jointly and severally and includes your successors and assigns.
“Rent Installment” means for the duration of the Term and any Extended Term, the amount of the rent installment (inclusive of stamp duty) plus GST payable in relation to that amount, as set out in the Schedule.
“Replacement Value” of the Equipment means the cost of replacing the affected Equipment (as defined in clause 7) with new goods having specifications as nearly as possible the same as, but at least equal in all material respects to, those of the affected Equipment.
“Schedule” means the schedule to this Agreement.
“Term” means the Initial Term and any Extended Term of this Agreement.
“We”, “our” or “Us” means Arrow Voice & Data Pty Limited (ACN ).