TERMS AND CONDITIONS

1. PARTIES: This contract is made between the Hirer and BizCom Computer Rentals Pty Ltd (A.C.N. 091 320 526)(A.B.N. 42 091 320 526)

2. INTERPRETATION: In these conditions:-
(a) The following words shall have the following meanings unless the context expressly requires otherwise:-
(i) "Bizcom" means Bizcom Computer Rentals Pty Ltd;
(ii) The "Hirer" means the person or firm shown as the Hirer on the face hereof and also expressly includes any person or firm signing these conditions on behalf of that person or firm and includes their successors, assigns, or legal personal representatives;
(b) This contract shall be interpreted in accordance with, and is subject to, the laws of the State of NSW;
(c) Words importing the singular shall include the plural and vice versa and words importing one gender shall include all other genders and words importing persons shall include corporate bodies and municipal and other authorities;
(d) Heading notes herein are for reference purposes only and shall not affect the interpretation of this contract.

3. WAIVER: The terms and conditions of this contract are set out herein and in any other documents expressly referred to herein and shall not be altered, varied, suspended or affected in any way by reference to any stipulations, conditions or agreements either written or verbal made by either party, their servants or agents, prior to the date of this contract. No clause of these conditions nor any breach of such clause on a previous occasion by the Hirer shall be deemed waived by Bizcom at any time except by the express consent in writing of Bizcom.

4. NATURE OF HIRE: Hire pursuant to these conditions:-
(a) Confers no title to the equipment to the Hirer, who merely has a right to possession;
(b) Is charged to the Hirer for the time during which the equipment is out of Bizcom's possession;
(c) Is hired to the Hirer for a minimum of one day of eight hours and charged accordingly;
(d) (Subject to clause 5) is at the rate or rates shown on the face of this agreement or if no rate or rates are shown, is at Bizcom's hire charge applicable for daily hire of the equipment in question at the time of the contract.

5. PAYMENT OF CHARGES: (a) The Hirer shall pay Bizcom all hire charges and any other charges payable pursuant to this contract in accordance with the contract;
(b) The Hirer shall make its own arrangements to return the equipment in a clean condition and bear the cost of returning the equipment to Bizcom, and if the equipment is not returned by 4.00pm on the day then a further full days hire shall be paid by the Hirer for each day or part thereof that return of the equipment is overdue;
(c) Charges are payable in advance except where Bizcom has expressly agreed otherwise.
(d) Bizcom may charge a cancellation fee which will not exceed the first rental period charges for any order which is cancelled by the hirer within 48 hours of the agreed shipping date.
(e) BizCom may charge interest at the rate of 18% p.a. for late payments and/or overdue accounts.

6. DELIVERY OF EQUIPMENT: If the contract provides that the equipment is to be delivered by Bizcom, then:-
(a) The Hirer shall pay to Bizcom upon demand all delivery charges specified herein, and if not specified, then delivery charges calculated at Bizcom's then current rates;
(b) Bizcom shall not be liable for loss, expense or damage suffered by the Hirer unless the contrary is expressly agreed to in writing by Bizcom;
(c) Delivery times and dates, unless the contrary is expressly agreed to in writing by Bizcom, are estimates only and late delivery will not entitle the purchaser to cancel this contract.

7. RISK: All equipment, as soon as it leaves Bizcom's possession or once it is loaded on to the Hirer's vehicle, whichever is the earlier, remains at the Hirer's risk until actually returned to Bizcom's possession, whether or not that equipment is to be returned by the Hirer.

8. ADDITIONAL OBLIGATIONS OF THE HIRER: the Hirer shall:-
(a) Pay to Bizcom the cost of all consumables used and not replaced by the Hirer. "Consumables" includes ribbons, papers, toner and any other similar materials used by the Hirer with the equipment and also includes those items expressly notified on the face hereof as being "additional consumables";
(b) Return any accessories, including operation manuals with the equipment at the end of the rental period. Otherwise the hirer shall be charged at full replacement cost.
(c) Make his own enquiries about the equipment's fitness for the purposes for which it is hired or used by the Hirer and shall satisfy himself, before the equipment leaves Bizcom's possession, that the equipment is fit for that purpose and is in a condition suitable for use;
(d) Use the equipment only for the purpose for which it is manufactured or designed and in accordance with the manufacturer's operating instructions;
(e) Unless expressly provided to the contrary in this contract, keep the equipment insured and be responsible for any loss of or damage to the equipment, either by fire, theft, vandalism, weather conditions, flood, water or any other eventuality whatsoever and shall indemnify Bizcom and hold Bizcom harmless for any loss or damage in fact suffered other than through fair wear and tear in the normal course of use. Note: Damage to plasma screens/displays includes phosphor/screen burn after image;
(f) Continue to pay hire charges for equipment which may be lost or stolen or destroyed or damaged beyond repair until Bizcom has been paid by the Hirer the replacement cost of the equipment. In the case of equipment damaged by or while in the possession of the Hirer and which is reasonably repairable, the Hirer shall pay hire charges until the equipment is actually repaired.
(g) Notify Bizcom in writing of any equipment failure and request instructions to repair or replace or return the faulty equipment. Rebates may be available and is restricted to the amount of rental for the duration of the rental period during which failure occurs.
(h) The Hirer acknowledges that the Hirer should obtain Public Liability Insurance to cover cost or damage to persons or property whilst the equipment is on hire.

9. IDENTIFICATION OF EQUIPMENT: Under no circumstances may the Hirer re-hire the equipment to any third party. The Hirer shall keep the equipment in its possession and shall preserve Bizcom's and Manufacturer's identification numbers or mark or any nameplate on the equipment.

10. TERMINATION: Bizcom may, at any time and not withstanding any provision of this contract and without prejudice to any other rights which it may have hereunder, terminate this contract upon any breach of any terms of the contract, by giving the Hirer written notice of termination. For the purposes of this clause, if the Hirer commits any act of bankruptcy or, being a company, enters into voluntary or involuntary liquidation or has a winding up petition presented against it or becomes insolvent, it shall be deemed to be in breach of this contract. Upon termination of this contract, Bizcom may, at its option, retake possession of the equipment and the Hirer hereby irrevocably authorizes Bizcom to enter upon the Hirer's premises or upon any site to which the Hirer may have access for the purposes of retaking possession and hereby expressly authorizes Bizcom, at the Hirer's cost, to dismantle or use any structure, machinery or other equipment which it may be necessary to dismantle or use, for the purposes of retaking possession.

11. LIMITATION OF LIABILITY: Bizcom shall not be liable for any loss, expense or damage suffered or incurred by the Hirer due to any failure of the equipment or of Bizcom for whatever reason (including negligence on the part of Bizcom or its personnel) to perform in any manner contracted for provided that nothing in this contract shall be read or applied so as to purport to exclude, restrict, limit or modify or have the effect of excluding, restricting, limiting or modifying the application in relation to the supply of any equipment or services under this contract of all or any of the provisions of the Trade Practices Act of the Goods (Sales and Leases) Act or any subsequent amended or Replacement Act which may not be excluded, restricted, limited or modified and provided further that where either of these Acts permits or allows Bizcom to limit its liabilities to compensate or indemnify any person for breach of any term implied by those Acts, then the liability of Bizcom, in the case of equipment, shall be limited to the amount of rental for the duration of the rental period during which the failure occurs.

12. INDUSTRIAL PROPERTY RIGHTS: Bizcom shall retain all intellectual and industrial property rights including but not limited to copyright, patents, trade secrets and confidential information in the hired equipment or provided to the Hirer. The Hirer may not copy, photocopy, reproduce, translate, in whole or part or communicate to any third party for any purpose any item of equipment hired or any information or secret imparted by Bizcom's personnel respectively.

13. ADDITIONAL CHARGES: Bizcom's hire charges are exclusive of stamp duty and any other tax, charge or impost levied by any state, Commonwealth body or statutory Corporation. Any such duty, tax, charge or impost referable to this contract or equipment shall be paid for additionally by the Hirer to Bizcom unless the contrary is expressly provided herein.

14. SEVERAL ITEMS OF EQUIPMENT: Where more than one item of equipment is supplied to a Hirer, each item of equipment shall be deemed to be hired subject to these terms and conditions for the duration of hire. Where the period of hire for each item differs, the hire charges shall, where applicable, be apportioned to each item of equipment.

15. NEW TAX SYSTEM: In the case of a supply which is taxable on introduction of A New Tax System (Goods and Services Tax) Act, 1999, the hire charges and any other charges payable by the Hirer pursuant to this contract shall be increased by an amount equal to the applicable Goods and Services Tax (GST) and such GST shall be payable on the supply calculated in accordance with the Act in relation to the supply and shall be added to the hire charges payable in accordance with this contract.