Equipment Package Agreement – Full Inspector Access
By completing the checkout process for the Full Inspector Access equipment package, the Lessee acknowledges and agrees to be bound by the terms and conditions of this Agreement. This Agreement is entered into between the parties on the date the Lessee completes the checkout process and the first payment is authorised (the “Effective Date”).
1. Parties
The Agreement is made between:
Lessor: Excel Property Reports Pty Ltd (hereinafter referred to as “Lessor”), with its principal place of business located at 8 White Ave, Bacchus Marsh, VIC 3340, Australia.
Lessee: The individual or entity completing the checkout process for the Equipment (hereinafter referred to as “Lessee”). If the Lessee is an individual operating a business, the Lessee enters into this Agreement in connection with that business.
The Lessor and Lessee may be referred to individually as a “Party” and collectively as the “Parties.”
2. Business Purpose
The Lessee acknowledges and declares that the Equipment is being obtained wholly or predominantly for use in connection with the Lessee’s business activities as a property inspector or related business activities, and not wholly or predominantly for personal, domestic or household purposes. The Lessee acknowledges that the Equipment is intended to be used to perform property inspection work and related business activities.
3. Equipment Description
The Lessor agrees to provide the following equipment to the Lessee on the terms of this Agreement (the “Equipment”):
Description: Insta360 360° camera, tripod, weighted equipment bag and Excel Property Inspector lanyard (Package: Full Inspector Access)
The Equipment may be new, refurbished or previously used unless otherwise stated by the Lessor at the time of supply.
4. Equipment Identification
Where applicable, the Lessor may record the serial number, model number or other identifying information for Equipment supplied under this Agreement.
5. Term of Agreement
The term of this Agreement shall commence on the Effective Date and shall continue for a period of 25 weeks (the “Payment Period”), unless terminated earlier in accordance with the provisions of this Agreement.
6. Payments
The Lessee shall pay $40 AUD per week by the agreed direct debit payment method. All amounts stated in this Agreement are in Australian dollars.
The $1,000 AUD Purchase Price is the total amount payable for the Equipment under this Agreement, subject only to amounts properly payable under this Agreement for loss or damage for which the Lessee is responsible. The total Purchase Price for the Equipment is $1,000 AUD. Each weekly payment of $40 AUD is credited at 100% toward the Purchase Price. If all 25 weekly payments are made, the total amount paid will be $1,000 AUD.
If all 25 weekly payments have been made, the Purchase Price will have been paid in full and ownership of the Equipment will automatically transfer to the Lessee. The Lessee may pay the remaining outstanding balance at any time before the end of the 25-week term without an early payment fee.
7. Direct Debit
The Lessee authorises the Lessor, or its nominated payment provider, to process the scheduled weekly payments using the payment authority provided during checkout. If a payment fails, the Lessee will be notified and must rectify the failed payment within 7 days.
The Lessee may cancel or amend their direct debit authority through the applicable payment provider or by contacting the Lessor. Cancelling a payment authority does not by itself terminate this Agreement or remove any payment obligation that has already become due.
8. Ownership
Ownership of the Equipment remains with Excel Property Reports Pty Ltd until the full Purchase Price of $1,000 AUD has been paid. The Lessee has possession and use of the Equipment during the Agreement but does not obtain legal ownership before the full Purchase Price has been paid.
Before ownership of the Equipment transfers to the Lessee, the Lessee must not sell, assign, pledge, sublease, hire out, lend, dispose of or otherwise transfer the Equipment to another person without the Lessor’s prior written consent. Once the full Purchase Price has been paid, ownership of the Equipment automatically transfers to the Lessee without any additional purchase payment.
9. Security Interest
To the extent permitted by applicable law, the Lessee grants the Lessor a security interest in the Equipment and any identifiable proceeds of the Equipment to secure the Lessee’s obligations under this Agreement, including payment of the Purchase Price and return of Equipment where ownership has not transferred.
The Lessee agrees to do anything reasonably required by the Lessor to establish, maintain, perfect or protect that security interest, including providing information reasonably required for registration on the Personal Property Securities Register (PPSR). The Lessor may register its security interest on the PPSR where reasonably necessary to protect its interest in the Equipment. Nothing in this clause transfers ownership of the Equipment before the full Purchase Price has been paid.
10. Early Payment
The Lessee may pay the remaining outstanding balance of the Purchase Price at any time during the Agreement. Upon receipt of the full outstanding balance, ownership of the Equipment automatically transfers to the Lessee.
11. Maintenance and Repairs
The Lessee must take reasonable care of the Equipment while it is in their possession and must use the Equipment in accordance with its intended purpose and any reasonable operating instructions provided by the Lessor or manufacturer.
The Lessee is responsible for routine care and maintenance and for damage caused by misuse, negligence, intentional conduct or failure to take reasonable care. The Lessee is not responsible for defects, ordinary wear and tear, or faults that are not caused by the Lessee.
Nothing in this Agreement excludes, restricts or modifies any rights or guarantees that cannot lawfully be excluded, restricted or modified under applicable Australian law.
12. Insurance / Risk
The Lessee is responsible for taking reasonable precautions to protect the Equipment against theft, loss and damage while it is in the Lessee’s possession. Nothing in this clause requires the Lessee to obtain insurance unless separately agreed in writing.
13. Loss, Theft and Damage
The Lessee is responsible for the Equipment while it is in the Lessee’s possession. The Lessee is responsible for loss, theft or damage caused by the Lessee’s negligence, misuse, intentional conduct or failure to take reasonable care.
The Lessee is not responsible for loss or damage caused by ordinary wear and tear, manufacturing defects, faults not caused by the Lessee, or circumstances for which the Lessee is not legally responsible.
Where the Lessee is legally responsible for loss or damage, the Lessor may recover its reasonable and properly incurred repair or replacement costs.
14. Default
An event of default may occur if:
a scheduled payment remains unpaid for more than 7 days after the Lessee has been notified of the failed payment;
the Lessee materially breaches this Agreement and fails to remedy the breach within 10 days after receiving written notice;
the Lessee intentionally damages, sells, transfers, conceals or otherwise disposes of Equipment that remains owned by the Lessor; or
the Lessee becomes insolvent or bankrupt.
If an event of default occurs, the Lessor may terminate this Agreement by written notice and require the return of any Equipment that remains owned by the Lessor. The Lessor may pursue any amount properly owing under this Agreement, subject to applicable law.
15. Termination by Lessee
The Lessee may terminate this Agreement at any time before ownership transfers by providing written notice to the Lessor. If the Lessee terminates before the full Purchase Price has been paid:
the Equipment remains the property of the Lessor;
the Lessee must return the Equipment within 7 days;
amounts already paid are not refundable, subject to any rights or remedies the Lessee may have under applicable Australian law; and
no further weekly payments will be required after termination and return of the Equipment, except for amounts already due or amounts properly payable for loss or damage for which the Lessee is responsible.
16. Termination by Lessor
The Lessor may terminate this Agreement where the Lessee materially breaches the Agreement and fails to remedy the breach within the applicable remedy period stated in this Agreement, or where termination is otherwise permitted by law. If the Agreement is terminated by the Lessor before ownership has transferred, the Lessee must return the Equipment within 7 days. The Lessor may recover reasonable costs or amounts properly owing as a result of the Lessee’s breach, subject to applicable law.
17. Return of Equipment
If this Agreement ends before ownership has transferred, the Lessee must return all Equipment owned by the Lessor within 7 days of the Agreement ending, unless the Lessor agrees to another timeframe in writing. Where reasonably practicable, the Lessor may provide reasonable instructions for the method and location of return.
The Equipment must be returned in substantially the same condition as when supplied, allowing for reasonable wear and tear. If Equipment is not returned, the Lessor may pursue reasonable recovery or replacement costs to the extent permitted by law.
18. Australian Consumer Law
Nothing in this Agreement is intended to exclude, restrict or modify any rights, remedies, guarantees or obligations that cannot lawfully be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law where applicable. Where applicable, the Lessee’s statutory consumer guarantees and remedies will apply in accordance with Australian law.
19. Business / Software / Intellectual Property
This Agreement relates solely to the physical equipment package described herein. Payment for the Equipment does not transfer ownership of Excel Property Solutions intellectual property, software, systems, training materials, documents, branding, logos, or other intellectual property. Any separate access to EPS systems or services remains subject to the applicable EPS terms.
20. Notices
Any notice required under this Agreement may be provided by email or another written communication method nominated by the relevant party. A notice is taken to have been received when it is reasonably capable of being accessed by the recipient.
21. Dispute Resolution
If a dispute arises in connection with this Agreement, the parties should first attempt to resolve the dispute in good faith by communicating directly with each other. Nothing in this clause prevents either party from exercising a right or remedy that cannot lawfully be delayed or restricted.
22. Amendments
No amendment to this Agreement will be effective unless agreed in writing by both parties. The Lessor may make reasonable administrative or operational changes where necessary to administer the Agreement, provided that such changes do not materially increase the Lessee’s financial obligations or materially reduce the Lessee’s rights under this Agreement without the Lessee’s agreement.
23. Severability
If any provision of this Agreement is found to be invalid, void or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.
24. No Waiver
A failure or delay by either party to exercise a right under this Agreement does not constitute a waiver of that right.
25. Governing Law
This Agreement is governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria, Australia and courts entitled to hear appeals from them.
26. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.