|Rental; ordering equipment
Info-Link Rental (hereinafter called "Info-Link") hereby agrees to rent to Customer and Customer hereby agrees to rent from Info-Link the Equipment described on the reverse side of this Contract, or on any attached schedule, (hereinafter, with all replacements, additions, and accessories, referred to as the "Equipment").
Warranty/Limitation of liability
Info-Link shall not be liable for any direct, indirect, special, incidental or consequential damages of any character as a result of its obligations arising hereunder or for any interruption of service or loss of use thereof or for any loss of profits or loss business, whether suffered by Customer or any third party. Info-Link shall not be liable for any damage to Customer's vehicle ("Vehicle") or place of business caused by the normal installation and/or removal of the Equipment.
Term and rental; deposit
The term for the rent of the Equipment is the period from the 'rental from' and to the 'rental to' indicated on the reverse side hereof. Payment for the Total Contract Amount shown on the reverse side must be made on the signing of this Contract, unless otherwise indicated.
If Customer wishes to rent any Equipment beyond the expiry date of the application term Customer shall contact Info-Link by phone and Info-Link, at Info-Link's option, may agree to a term extension. If Customer returns any Equipment after the expiry of the applicable original or extended term, Customer shall pay on demand 150% of the rent (pro rated for the number of days held beyond the term). If units are returned early none of the advance rental payment shall be refundable.
Customer may be required to deposit the amount as stated on the reverse side of this Contract with the first rental payment, which deposit shall be held by Info-Link to secure faithful performance of the terms of the Contract. On the return of all Equipment rented hereunder, the deposit shall be refunded to Customer without interest if Customer has fulfilled all its obligations.
Title to the Equipment shall at all times remain with Info-Link. Customer shall not or attempt to sell, assign, transfer, pledge, mortgage, underlet or otherwise deal with or dispose of the Equipment and shall at all times keep the Equipment free from any legal process or encumbrance whatsoever and shall give Info-Link from any loss caused thereby.
Care and use of the equipment
Customer shall maintain the Equipment in good operating condition and appearance, and protect the same from deteriorating other than normal wear and tear, shall use the Equipment only for the purposes specified overleaf, within its normal capacity, without abuse, and shall comply with all laws, ordinances, regulations, requirements and rules with respect to the use and operation of the Equipment; shall not make any modification, alteration or addition to the Equipment without the prior written consent of Info-Link.
Risk of loss
Customer shall bear the entire risk of loss or theft of the Equipment. Any loss or theft shall not entitle Customer to any refund of any portion of the rent. In the event of such loss or theft, Customer shall pay Info-Link the then current Info-Link Net User Price for the Equipment.
Risk of damage
Customer shall bear the entire risk of damage or destruction to the Equipment from every cause whatsoever during the period from the time Customer collects the Equipment until the Equipment is returned to Info-Link. If the Equipment is damaged or destroyed, Customer, at its expense, shall at Info-Link's sole option, either repair the Equipment or if damaged beyond repair, pay Info-Link the then current Info-Link Net User Price for the Equipment.
Any damage to the Equipment shall not relieve Customer from any obligation of Customer under this Contract.
If (a) Customer fails to pay any rent or any other payment hereunder when due; or (b) Customer fails to perform any term, covenant or condition of the Contract; or a petition is filed by or against Customer under the Bankruptcy Act or any other insolvency law or laws providing for the relief of debtors, then to the extent permitted by applicable law, Info-Link may, at its option, at any time (i) enter into the Vehicle of any other place where the Equipment may be located and take possession of and remove the terminate absolutely, and/or (ii) demand and recover from Customer all rents and other charges then due and owing thereafter until the Equipment is recovered by Info-Link. Customer shall also be liable to and shall pay to Info-Link all expenses incurred by Info-Link in connection with the enforcement of any of Info-Link's remedies, including all expenses of repossession and repairing the Equipment, and legal fees as between solicitor and client.
Whenever any payment is not made by Customer when due hereunder, Customer agrees to pay to Info-Link, no later than one month thereafter, a service charge of any amount calculated at the rate of one and one-half percent (1.5%) per month for each delayed payment, or the maximum permitted by law. Such amount shall be payable in addition to all amounts payable to Info-Link as result of the exercise of any of the remedies herein provided.
All remedies of Info-Link hereunder are cumulative, are in addition to any other remedies provided for by law, and may to the extent permitted by law, be exercised concurrently or separately. The exercise of any remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of Info-Link to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof or modify the terms of the Contract. In the event the Contract is determined to be a security agreement, Info-Link's recovery shall in no event exceed the maximum permitted by law.
Expiration or rental term
Customer shall return the Equipment to Info-Link at the expiry of the applicable rental term (as extended, if applicable, in accordance with this Contract) to the location it was rented from initially, in good working order and condition, normal wear and tear excepted.
If Customer returns the Equipment in a damaged condition Customer shall pay to Info-Link, pursuant to paragraph 7, for such damage.
Entire agreement charges
The terms and conditions set forth on this page contains the entire agreement between the parties and may not be altered, amended, modified, terminated or otherwise changed except in writing signed by an executive officer of Info-Link and a representative of Customer. However, Info-Link may change or modify the terms specified overleaf by advance notice to Customer.
This contract shall be binding when accepted in writing by Info-Link and shall be governed by the laws of Singapore and the parties irrevocably submit to the non-exclusive jurisdiction of the courts in Singapore.
Info-Link and Customer intend this Contract to be a valid and subsisting legal instrument, and agree that if any provision of this Contract is deemed unenforceable it shall in on way invalidate any other provision or provisions of this Contract, all of which shall remain in full force and effect. This Contract shall be binding upon the parties, their successors, legal representatives and assigns. Service of all notices under this Contract shall be sufficient if given personally or mailed to the party involved at the respective address shown on the reverse side