Dignita AL-100 Rent to Buy Agreement Please enable JavaScript in your browser to complete this form. – Step 1 of 2CLIENT DETAILSName *Company Name (if applicable)Mailing Address *Address Line 1CityState / Province / RegionPostal CodeBilling Address *Address Line 1CityState / Province / RegionPostal CodeMobile / Home Phone No. *Business Phone NoEmail *Drivers Licence Number *Identification – File Upload * Click or drag files to this area to upload. You can upload up to 4 files. Please upload an image or PDF of two forms of ID (ie. driver licence, Medicare card, concession card, birth certificate, passport). ABN *YesNoABN NumberVEHICLE DETAILSVehicle Make and Model *Vehicle Year *Vehicle Registration *AGREEMENT *YESBy selecting yes you confirm you are agreeing to the below Agreement TermsAgreement Terms *THIS AL-100 EQUIPMENT RENT TO BUY AGREEMENT date as above BETWEEN Guardian Interlock Australasia Pty Ltd (ACN: 470 626 629) of 8/11 Packard Ave, Castle Hill NSW 2154 (the “Owner”) -AND- abovementioned client (the “Hirer). IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Hirer leases the Equipment from the Owner on the following terms: DEFINITIONS 1. The following definitions are used but not otherwise defined in this Agreement” a) “Residual Value” means the original value of the Equipment less the amount of the rental payments received by the Owner at the end of the term. b) “Equipment” means the Dignita Interlock which has an approximate value of $1,775.00 (GST inclusive) c) “Total Loss” means any loss or damage that is not repairable or that would cost more that the residual value of the Equipment. LEASE 2. The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in the Agreement TERM 3. The Agreement commences on the Agreement date and will continue for 12 months (the “Term”) RENT 4. The rent, inclusive of GST will be paid in installments of $160.00 each month, in advance, beginning on Agreement date. and will be paid on the first day of each succeeding month throughout the Term (the “Rent”). The total cost of the unit at the end of the Term will be $1,920 inc GST. PURCHASING THE EQUIPMENT 5. At the signing of this Agreement, the residual value of the equipment (“Residual Value”) is agreed to be $0.00 provided that the Hirer has made the correct monthly payments and no other monies are owed. a) Ownership will only be transferred when the Hirer has paid all of the rent and costs associated with purchasing the Equipment WARRANTIES 6. The Equipment will be in good working order and good condition upon delivery 7. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used LOSS AND DAMAGE 8. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the equipment from any and every cause. 9. If the Equipment is lost or damaged, the Hirer will continue to provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is not repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition. 10. In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term of the Agreement. OWNERSHIP, RIGHT TO LEASE AND QUIET ENJOYMENT 11. The Equipment is the property of the Owner and will remain the property of the Owner 12. The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner 13. The Owner warrants that the Owner has the right to lease the Equipment according to the terms of the Agreement 14. The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer’s quiet and peaceful possession of the Equipment INSURANCE 15. The Hirer will, during the whole of the Term and for as long as the Hirer has possession of the Equipment, take out, maintain and pay for insurance against loss of and damage to the Equipment for the full replacement value and will name the Owner as the loss payee. a) Alternatively, the Hirer can pay a monthly fee to Guardian for a Loss Protection Plan that will limit the cost of loss or damage to $250. INDEMNITY 16. The Hirer will indemnify and hold harmless the Owner against all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including legal fees and costs, arising out of or related to the Hirer’s use of the equipment DEFAULT 17. The occurrence of one or more of the following will constitute an event of default (“Event of Default”) under this Agreement. a) The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement. b) The Hirer becomes insolvent or makes an assignment of rights for the benefit of creditors or files or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia. c) Terminate this agreement immediately upon written notice to the Hirer d) Pursue any other remedy in law or equity ASSIGNMENT 18. THE HIRER WILL NOT ASSIGN THIS AGREEMENT, THE HIRER’S INTEREST IN THIS AGREEMENT OF THE HIRER’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR CONSENT OF THE OWNER. 19. If the Hirer assigns this Agreement, the Hirer’s or the interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment ENTIRE AGREEMENT 20. This Agreement will constitute the entire agreement between the parties. ADDRESS FOR NOTICE 21. Service of all notices under this agreement will be delivered personally or sent by registered mail or courier to the following address: Owner: Guardian Interlock Australasia Pty Ltd, 8/11 Packard Ave, Castle Hill NSW 2154 management@guardianinterlock.com.au Hirer: abovementioned address. PAYMENT 22. All dollar values in the Agreement refer to Australian Dollar, and all payments will be paid to Guardian’s nominated bank account. GOVERNING LAW 23. This Agreement will be in accordance with and governed by the law of New South Wales GENERAL TERMS 24. Electronic signatures are binding and considered original signatures 25. Time is of the essence in this Agreement 26. Neither Party will be liable in damages or have the right to terminate this agreement for any delay or default in performance if such delay or default is caused by conditions beyond the control including Acts of God, Government restrictions, war, insurrections, natural disasters and/or any other cause beyond the reasonable control of the Party whose performance is affected. NOTICE TO HIRER 27. This is a lease and purchase agreement. Do not sign this Agreement before you read it.Loss Protection Plan (optional) *YESIf you select YES the plan information will be provided below. Tick the option to accept this plan at an additional $8.14 per month.Loss Protection Plan Acceptance *I agree that by submitting this form I accept the Loss Protection Plan as detailed here. LOSS PROTECTION PLAN: The Client acknowledges and accepts financial responsibility for any damage to or loss of the System, however caused. GUARDIAN offers the Client an optional Loss Protection Plan. The Client may accept the Loss Protection Plan by signing in the space provided under this clause. If the Client does not accept the offer of the Loss Protection Plan, this clause does not bind the Client or GUARDIAN, but the rest of this Agreement is unaffected. If the Client accepts the Loss Protection Plan, the Client agrees to pay the Loss Protection Plan fee of $8.14 per month. If the Equipment is lost or damaged the Client’s financial responsibility for damage to or loss of the Equipment is limited to a maximum of $250.00 per occurrence. However, the Loss Protection Plan does not cover the Client’s financial responsibility for damage to or loss of the Equipment caused by a wilful act or omission on the part of the Client or other permitted users of the Vehicle. The Client must present a copy of a Police report, along with any other evidence of loss, and pay the $250.00 liability limit within 72 hours of loss. The Loss Protection Plan is in addition to all other fees under this Agreement and payment of the Loss Protection Plan fees cannot be credited to any outstanding lease fees even if the Client does not make a claim on the Loss Protection Plan. Agreement Date *Next DEVICE SETTINGSThe AL-100 can be customised to a clients requirements using the Digisoft software. The recommended settings are displayed by default. Please complete all fields and contact Guardian on 02 8853 6200 if you have any queries regarding the settingsService Date (1 – 730 days) *Grace Period (1 – 250 days or OFF) *Period before device will lock out after calibration expiryRetest / Multi-Retest *ONOFFRetest requests after initial test to start vehicle.Retest Time Minimum (1-250 minutes) *Minimum time before a retest will be requested after starting the vehicle Retest Time Maximum (2-250 minutes) *Minimum time before a retest will be requested after starting the vehicleMulti-Retest Time Minimum (1-250 minutes) *Minimum time before a second or subsequent retest will be requested after starting the vehicle Multi-Retest Time Maximum (2-250 minutes) *Minimum time before a second or subsequent retest will be requested after starting the vehicleStart Period (1-60 minutes) *Period after an initial test when vehicle will start Restart Period (1-240 minutes) *Period after the vehicle is turned off when vehicle can be restart without a breath test First Blocking Time (1-60 minutes) *Period device will temporarily lockout after a failed test Second Blocking Time (1-60 minutes) *Period device will temporarily lockout after a failed test Blocking Limit *0.02BAC Reading at which interlock will temporarily lockoutUnit of Measure *BACg/lmg/l100/lReading measureDisplay Mode *BAC ValuePass/FailDisplay mode Pass/Fail – please note this will display in the download. No BAC result will display.Blow Level *0.800.951.01.151.2Litres of air required for testType of Blow *BlowBlow – SuckBlow – Suck – BlowBlowing method for testDoor Trigger *ONOFFEnables the unit to wake up when door opens Alarm Relay *ONOFFEnables alarm on failed testRetest Alarm *ONOFFEnables alarm on missed retests. Device allows 6 minutes to take a retest – if not taken and alarm is triggered it will allow and 15 minutes to take the test. It can be installed without lights or horns connected so any alarm is only from the device itself.Driver Change *ONOFFEnables Driver Change to be recordedPin Code Override *ONOFFEnable pin code to be entered to disable interlock for nominated periodPin Code time (1 – 2200 hours) *Time interlock will remain overridden for. One time use – interlock must be serviced by Guardian before time expires. Pin Code Nominate pin code for override. A default code will be used if no pin nominated. A record of the pin will be held by Guardian. Please advise in notes if user should not be provided PIN in emergency situation. Pin Code – Engine Blocked / Unblocked *ONOFFRequires pin code to be entered to enable test and engine startPin Code – Engine Blocked / UnblockedNominate 4 digit pin code for Engine Blocked / Unblocked. Comments / NotesAdd any additional comments hereSubmit