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RENTAL AGREEMENT TERMS AND CONDITIONS

MOTOROLA hereby rents Equipment to Hirer upon the following terms and conditions:
In this agreement the expressions -
“Start Date” means the date designated on the reverse hereof as the commencement date: “Finish Date” means the
date designated on the reverse hereof as the completion date: “Equipment” means the equipment designated on the
reverse hereof: “Motorola” means Motorola Australia Pty. Limited A.C.N. 004 742 312, or its successors or
assigns: “Authorised Distributor” means a duly authorised Motorola distributor.
“Rent” means the cost of renting Equipment so designated on the reverse hereof or if the context so admits the
cost payable pursuant to Clause 3 hereof: “Hirer” means the person described on the reverse hereof and in the case
of a company includes its permitted successors and assigns and in the case of natural persons includes his her or
their heirs executors administrators and permitted assigns: “The term of this Agreement” includes any extended
term.
2. TERM: This Agreement shall be for the term set forth on the reverse hereof and shall take effect from the
Start Date. Hirer shall be at liberty to prematurely terminate this Agreement by returning the Equipment to
Motorola. In the event this Agreement is terminated by the Hirer prior to the Finish Date of this Agreement, the
Hirer shall make payment to Motorola a sum equivalent to the pro-rata Rent at the prevailing rate applicable to the
amended term of this Agreement, for the period between the Start Date and the date the Equipment is wholly
returned to Motorola, plus a cancellation fee equivalent to one week’s Rent of the Equipment by way of liquidated
damages and not as a penalty.In all other respects the terms and conditions of this Agreement shall continue to
bind the parties until the Equipment is wholly returned. Motorola shall be entitled to terminate this Agreement at
will by giving thirty (30) days’ prior written notice to the Hirer.
3. RENT The Total Rental designated on the reverse hereof shall be paid prior to shipment of Equipment to
Hirer or collection of Equipment by the Hirer for cash sales. For Motorola approved account customers an invoice
will be raised which is payable by the Hirer within thirty (30) days. A security deposit may be required at
Motorola’s discretion (see reverse hereof). The security deposit will be returned to the hirer within seven (7) days
of the termination of this Agreement less any deduction as provided by these terms and conditions. Payment shall
be made to Motorola at its address shown on the reverse hereof or to such person and / or place as may be
designated in writing by Motorola from time to time. Payment of Rent shall be due and payable whether or not
Equipment is functional. Overdue or unpaid Rent shall bear interest at 18% per annum from the due date until
paid.
4. TAXES The cost to Motorola of State and Federal sales rental and user taxes, stamp duties, and Goods
and Services Tax hereinafter called “the taxes”, applicable on the date of this Agreement have been included in the
Rent charges at the rates of Taxes in effect on that date. Any increase in the rate or number of the Taxes shall be
paid by Hirer to Motorola by way of additional rent. Hirer shall receive the benefit of any reduction in the Taxes.
5. INSURANCE Unless otherwise agreed Hirer shall be responsible for obtaining comprehensive insurance
cover for the Equipment for the term of this Agreement for the amount specified on the reverse hereof
(“Insurance”). Motorola’s interest shall be noted on the policy.
5A. LOSS, DAMAGE & THEFT FEE In lieu of the Hirer's obligation to obtain insurance with Article 5, the
Hirer may elect to pay an additional, nonrefundable fee of 8% of the Total Rent ("Loss, Damage & Theft Fee") to
cover the cost to repair the Equipment or replace lost or stolen Equipment during the rental term (as the case may
be). The Loss, Damage &Theft Fee is not insurance, but an acknowledgement by Motorola that the Hirer's liability
for loss, damage or theft of any Equipment can be limited where:
(i) there is a loss, theft or damage to the Equipment that cannot be repaired, to 25% of the cost to replace the
Equipment (reasonably determined by Motorola based on the current recommended retail price (“RRP”) for the
Equipment).
(ii) there is damage to the Equipment, to 25% of the cost to repair the Equipment (reasonably determined by
Motorola). The total fees charged by Motorola to repair or replace the Equipment under paragraphs (i) and (ii) of
Article 5A during the rental term will be reduced by an amount equal to the Loss, Damage & Theft Fee paid by the
Hirer. Where there has been a theft, the Hirer shall be required to promptly report the incident to the Police and
provide Motorola with a written Police incident report.
6. MAINTENANCE During the term of this Agreement Motorola shall maintain the equipment in
accordance with maintenance standards prescribed by Motorola from time to time. Hirer shall immediately advise
Motorola of any damage to or defect in Equipment and shall not permit any person not authorized by Motorola to
repair or maintain equipment, other than to replace batteries. At the request of Motorola or upon equipment
becoming non-functional or defective Hirer shall at Hirer’s expense deliver Equipment to Motorola or Authorized
Distributor for adjustment, maintenance, service or repair. If Equipment having been maintained by Motorola as
aforesaid remains defective Equipment shall be returned forthwith to Motorola or Authorized Distributor and
exchanged for similar Equipment which shall be rented pursuant hereto as though it had been the original
Equipment.
7. COVENANTS OF HIRER During the term of this Agreement Hirer covenants and agrees; (a) to assume
complete responsibility for control of the physical operation of Equipment in accordance with the terms of the
Wireless Telegraphy Act and Regulations made there under; (b) to observe and abide by all applicable statutes,
laws, ordinances, rules and regulations of any government or duly constituted public authority at any place where
Equipment is located, and to hold Motorola harmless from liability or loss by reason of any asserted or established
violation thereof and by reason of any damage to persons or property arising from Hirer’s use or operation of
Equipment: (c) to permit Motorola upon request to inspect Equipment at all reasonable times; (d) not to allow
Equipment to be used by any unauthorized person; (e) not to mortgage, pledge, grant a security interest or
otherwise encumber Equipment; (f) not to alter, change or abandon Equipment; (g) not to permit Equipment to be
used for any illegal purpose; (h) not to purport to sell sublet nor otherwise dispose of Equipment in any manner
whatsoever nor without the consent of Motorola to assign or otherwise dispose of Hirer’s rights or obligations
under this Agreement; (i) at all times to exercise care to prevent damage to or destruction or loss of Equipment
(including ensuring the secure lock-up of the Equipment) and in the event of the loss or destruction of Equipment
or its becoming non-functional by reason of the neglect or default of Hirer then, except where the loss or damage
is covered by Insurance, Hirer shall upon the demand of Motorola which may be made in addition to each and
every other remedy of Motorola herein contained pay to Motorola the cost of Motorola of replacing such
Equipment together with liquidated damages equivalent to one (1) month’s rental on the lost, destroyed or
non-functional Equipment; (j) upon the termination of this agreement howsoever arising to return equipment to
Motorola or authorized distributor in functional and good order and condition and obtain from Motorola a written
receipt for same. In the event of hirer not so returning equipment immediately upon termination then in addition to
the remedies set out in condition 8, damages shall be payable to Motorola by hirer equal to the amount of rent
which would have been payable hereunder from the date of termination until the date of actual return of equipment
to Motorola had this agreement not been terminated.
8. DEFAULT AND REMEDIES Time is of the essence of this Agreement, and if Hirer defaults in the
payment of any sum due hereunder or in the performance of any other agreement orobligation herein
contained or Hirer becomes insolvent or bankrupt or admits in writing inability to pay Hirer’s debts as they
mature, or makes an assignment for benefit of creditors, or if bankruptcy, reorganization, arrangement,
insolvency or liquidation proceedings or other proceedings for relief under any bankruptcy law or any other
law for the relief of debtors are instituted by or against Hirer or if Equipment is levied upon or is otherwise
seized or taken from Hirer by or on behalf of any other person each of which events is hereby called “an
event of default” then Motorola may at any time thereafter by written notice to Hirer immediately terminate
this Agreement and/or declare the rent payable in respect of the unexpired term of this Agreement
immediately due and payable. Property in the Equipment shall at all times remain with Motorola and in an
event of default Motorola after giving the hirer seven (7) days written notice as herein provided may retake
and hold possession of Equipment before, pending or after any action to recover any sums hereunder, free
from all claims whatsoever by, through or under Hirer and Motorola may with or without notice and with
or without legal process enter upon any premises where Equipment or any part thereof may be found
recover Equipment using such force as may be reasonably necessary so to do, and repossess Equipment
without prejudice to any other remedy which it might have on account of Hirer’s default ; and Motorola
may as a matter of right retain all payments made hereunder and recover in full rent declared due and
payable as aforesaid as well as other damages, if any, that Motorola may have sustained as a consequence
of Hirer’s default, and neither the recovery of a judgment in such action or the collection of any portion of
such rent or such damages shall be deemed inconsistent with or to waive or prevent any other right or
remedy of Motorola herein above provided for or referred to or existing under applicable law, it being
understood and agreed that each and all of the rights and remedies of Motorola in this Agreement are
cumulative to and not in lieu of each and every other such right and remedy. Any provision hereof
prohibited by applicable law shall be ineffective to the extent of any such prohibition but no other
provisions hereof shall thereby be invalidated. Notwithstanding the foregoing Hirer agrees that where and
to the extent the conflicting or prohibiting provisions of applicable law may be waived by Hirer, such
provisions are hereby waived.
9. EXCLUSION OF LIABILITY HIRER AGREES THAT MOTOROLA SHALL NOT BE
LIABLE FOR AND HIRER SHALL KEEP MOTOROLA INDEMNIFIED AGAINST THE LOSS OR
DAMAGE SUFFERED BY HIRER OR ANY OTHER PERSON FIRM OR CORPORATION
OCCASIONED DIRECTLY OR INDIRECTLY BY THIS AGREEMENT ANDSHALL INCLUDE BUT
SHALL NOT BE LIMITED TO MECHANICAL FAILURE OF EQUIPMENT POWER FAILURE, AND
DISRUPTION OR DISCONTINUANCE OF AUSTRALIAN COMMUNICATIONS AUTHORITY
SERVICE.
10. AVAILABILITY From time to time Equipment may not be available at the commencement date
due to loss destruction or non-operation. This Agreement shall be severable withrespect to such Equipment
but in all other respects shall bind the parties. Motorola will use its best endeavors to supply the whole of
the Equipment at the earliest possible time but shall be under no obligation to do so.
11. NOTICES Any notice or demand required or permitted to be given or made hereunder shall be
sufficiently given or made by certified mail in a sealed envelope, postage prepaid, addressed in the case of
Motorola to its Head Office as set forth on the reverse side of this Agreement and addressed in the case of
Hirer to its address as set forth on the reverse side of this Agreement. Any such notice or demand shall be
deemed to have been given or made at the time it is deposited with Australia Post. Motorola or Hirer may
from time to time designate any other address for this purpose by written notice to the other party.
12. WAIVER Failure or delay on the part of Motorola to exercise any right, remedy, power or
privilege hereunder shall not operate as a waiver thereof. A waiver, to be effective, must be in writing and
must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver
of any other default or of the same type default on a future occasion.
13. PRIOR NEGOTIATIONS This Agreement constitutes the entire agreement of the parties hereto
and shall supersede all prior offers, negotiations and agreements in connection with the subject matter
hereof.
14. AMENDMENT No revision of these Terms and Conditions shall be valid unless made in writing
and signed by an officer of Motorola and an authorized agent of Hirer . Revisions to Start Date, Finish
Date, Equipment, and Hirer details will be valid upon the reissuing of this Agreement by Motorola and
signed acceptance by an authorized agent of Hirer.
15. LAW AND JURISDICTION This Agreement shall be governed by and construed in all respects in
accordance with the laws of the State of Victoria, Australia. The courts of the State of Victoria, Australia
shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection
with this Agreement, save that Motorola shall retain the right to bring proceedings against the Hirer in the
courts in any other state or country which has jurisdiction.
16. CANCELLATION PRIOR TO RENTAL PERIOD Should the hirer cancel the agreement prior
to commencement of the rental term, then the hirer will incur a cancellation fee equivalent to the lesser of
one week’s Rent or 50% of the rent for the Equipment by way of liquidated damages and not as a penalty.
17. OPERATION LICENCE Consistent with section 114 of the Radiocommunications Act 1992 (the
Act), Motorola hereby authorises Hirer to operate the Equipment under Motorola’s apparatus licence . This
authorisation may be subject to review and can be withdrawn by Motorola at its discretion. It is an offence
under the Act to operate a radiocommunications device without either a spectrum , apparatus or class
licence.