Non-Maintained Rental Agreement Terms and Conditions
Effective date: 20 October 2026.
- 1.1 The monthly rental shall be the sum specified in the schedule.
- 1.2 Upon execution of this agreement the Client shall pay to Washtech the first three months rental.
- 1.3 Thereafter the monthly rental shall be paid to Washtech by the Client by consecutive monthly payments in advance by way of automatic bank transfer. The first of such monthly payments to be made on the first payment date.
- 1 .4 In the event of any payment of rental not being made on or prior to its due date the Client shall pay to Washtech interest at the rate of 1.5 percent per month on the outstanding balance until such time as payment is made in full.
- 1 .5 Should the Client fail to make any payment of rental by automatic transfer on the due date, any costs incurred by Washtech in the collection of such payments (including legal costs on a solicitor and Client basis as well as debt collecting costs and disbursements) shall be payable by the Client to Washtech upon demand.
- 2.1 The term of this agreement is set out in the schedule commencing on the commencement date. Should the Client continue to use or keep possession of the Equipment beyond the minimum term, the Client is entitled to terminate this agreement after the giving of three months’ notice in writing to Washtech. The terms and conditions of this agreement shall continue to apply to any extension beyond the minimum term. At the end of the minimum rental term or any continuing rental period, the Client may return the Equipment in accordance with clause 9 or request to purchase it in accordance with clause 10.
- 3.1 Washtech shall at its own expense deliver the Equipment to the Client.
- 3.2 The Client shall, at its own expense, arrange installation of the Equipment by the Service Company specified in the schedule or another suitably qualified service provider approved by Washtech.
- 4.1 The Client shall use the Equipment in a skilful and proper manner in accordance with operations manuals and instructions supplied and shall provide full instruction to its staff as to the operation and use of the Equipment.
- 4.2 The Client will not without the prior written consent of Washtech remove the Equipment from the site address specified in the schedule.
- 4.3 The Client shall exclusively use commercial non-foaming dishwasher detergent sourced from Washtech, an authorised Starline Dealer, Starline Service Provider, or major national chemical supplier such as Chemical Solutions, Ecolab or Diversey.
- 5.1 Washtech shall be entitled to obtain access to the Equipment at all reasonable times for the purpose of inspecting the Equipment. The Client shall do all things reasonably necessary to ensure the provisions to Washtech of such access on the premises where the Equipment is stored.
- 6.1 This agreement is a non-maintained equipment rental. Washtech has no obligation to service, maintain, repair or replace the Equipment during the rental term. Washtech retains ownership of the Equipment and the residual-value interest in it unless ownership passes to the Client under clause 10.
- 6.2 The Client shall, at its own cost, keep the Equipment properly serviced, maintained and in good operating condition and repair, fair wear and tear excepted, in accordance with the manufacturer’s requirements and all applicable laws, and in a manner that protects the safety, condition and residual value of the Equipment.
- 6.3 The Client is responsible for all servicing, maintenance, repairs, parts, labour and consumables associated with the Equipment, including dishracks, chemicals, chemical squeeze tubes and water filters or membranes (if fitted).
- 6.4 Upon discovering any defect or damage that may make the Equipment unsafe or cause further damage, the Client shall immediately stop using the Equipment and arrange inspection and repair by a suitably qualified service provider.
- 6.5 The Client shall ensure that all servicing and repairs are carried out by the Service Company specified in the schedule or another suitably qualified service provider approved by Washtech, and shall retain service and repair records for inspection by Washtech on request.
- 6.6 The Client shall not make, or permit, any modification or alteration to the Equipment without Washtech’s prior written consent.
- 6.7 Any service, maintenance, repair or replacement assistance provided by Washtech at the Client’s request will be chargeable to the Client at Washtech’s then-current rates and will not create any ongoing obligation on Washtech.
- 6.8 The Client bears the risk and cost of all loss of or damage to the Equipment from delivery until ownership passes to the Client or the Equipment is returned to and accepted by Washtech.
- 6.9 Equipment downtime, unavailability or failure does not suspend or reduce the Client’s obligation to make rental payments or perform its other obligations under this agreement.
- 7.1 The Client shall insure the Equipment against loss or damage and will provide a current, valid certificate of currency as evidence if requested by Washtech.
- 7.2 The Client shall obtain adequate insurances to the satisfaction of Washtech against all risks involved in the use of the Equipment including risks of third-party damage to persons or property.
- 7.3 The Client shall be liable to Washtech for any damage or loss suffered by Washtech because of the Client failing to comply with clauses 7.1 and 7.2.
- 8.1 Unless the Client exercises the option to purchase in clause 10 below the Equipment will at all times remain in the ownership of Washtech.
- 8.2 The Client shall not attempt to sell, mortgage or grant a security over the Equipment, nor part with possession of it, and the Client shall at all times ensure that any person dealing with the Client or the Equipment is informed that it is the property of Washtech under a rental agreement.
- 8.3 The Client will, at the Client's cost, provide Washtech with all information and do all things reasonably required by Washtech to ensure that Washtech has a perfected security interest over the Equipment with the priority required by Washtech under the Personal Property Securities Act 1999 ("PPSA").
- 8.4 To protect its security interest Washtech may, in addition to its rights under section 109 of the PPSA, be entitled to remove and take possession of, and sell, the Equipment. For such purposes the Client hereby authorizes Washtech and its agents to enter any property or place where the Equipment is installed or otherwise may be located to inspect, search for, remove and take possession of the Equipment without being liable in any way to the Client or to any person claiming under the Client for doing so.
- 8.5 Certain sections in the PPSA are able to be excluded by agreement. The Client agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to these terms or to the security interest created by this clause , and the Client waives their rights under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA and waives their rights to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the Security Interest created under these terms.
- 9.1 At the end of the fixed rental term, the Client may continue renting the Equipment in accordance with clause 2.1. If the Client does not continue renting and Washtech has not accepted the Client’s valid exercise of the purchase option under clause 10, the Client shall, at its own expense, disconnect and return the Equipment to Washtech at the location reasonably nominated by Washtech, in good operating condition and repair, fair wear and tear excepted, together with all accessories, manuals and service records. If the Equipment is not returned when required, monthly rental payments will continue on the same basis until the Equipment is returned to and accepted by Washtech, without limiting Washtech’s other rights.
- 9.2 Return of the Equipment is subject to Washtech’s inspection and testing and does not constitute acceptance of its condition. Washtech shall notify the Client of any issue identified within 20 working days after return, or within a reasonable time if it could not reasonably have been identified within that period.
- 9.3 If the Equipment does not comply with clause 9.1, the Client shall pay on demand Washtech’s reasonable inspection, transport, cleaning, servicing, repair and restoration costs, including parts and labour, and any resulting loss of rental income.
- 9.4 If repair is uneconomic, the Client shall pay the reduction in the Equipment’s fair market value caused by its breach or, if beyond economic repair, its fair market value immediately before the damage, less any net salvage proceeds.
- 9.5 Fair wear and tear excludes damage or deterioration caused by misuse, neglect, accident, inadequate servicing, unsuitable chemicals or consumables, unauthorised alteration, or failure to follow the manufacturer’s requirements.
- 10.1 The Client has no obligation to purchase the Equipment. Provided the Client is not in default, the Client may request to purchase the Equipment at the end of the fixed rental term by giving Washtech written notice at least 30 days before the term expires. The purchase option is exercised only if Washtech accepts that request in writing and the Client pays the Option Price and all other amounts due under this agreement by the end of the fixed rental term.
- 10.2 The “Option Price” is the fair market value agreed by Washtech and the Client at the end of the term, which can be estimated to be 20% of the original recommended retail price, plus GST and any other applicable taxes, duties, registration or transfer costs. The Option Price is separate from the rental payments.
- 10.3 Ownership of the Equipment passes to the Client only when Washtech has accepted the exercise of the purchase option in writing and received the Option Price and all other amounts due in cleared funds. Until then, Washtech retains all ownership and residual-value interests in the Equipment. The Equipment is transferred in its existing condition, subject to any rights that cannot lawfully be excluded.
- 10.4 If the purchase option is not validly exercised and accepted, the Client may continue renting the Equipment in accordance with clause 2.1 or must return the Equipment under clause 9. Continued possession or payment of rent does not exercise the purchase option.
- 11 .1 Washtech may terminate this agreement without notice and upon demand in the following circumstances:
- If the Client breaches any of its obligations under this agreement:
- If the Client fails to pay in full any sum of money due to Washtech within seven days from the date due for payment.
- If the Client shall become bankrupt or suffer any execution or distraint to be levied over any property or assets or enters into any agreement of composition with its creditors or becomes insolvent or shall
- have a receiver or liquidator appointed.
- If, when requested, the Client does not supply adequate insurances to the satisfaction of Washtech or if the insurance policy in respect of the Equipment is cancelled.
- If the Client shall do or cause to be done or permit or allow any act or thing which prejudices or places in jeopardy Washtech's rights to the Equipment or under this agreement.
- 11 .2 Upon termination of this agreement following a Client default, the Client shall:
- Pay to Washtech all rental and other charges due and payable to the date of termination which shall be the date of termination given by Washtech.
- Surrender to Washtech the Equipment and Washtech shall be entitled immediately to retake possession of the Equipment and enter any premises for this purpose.
- 11 .3 The Client shall be liable to Washtech for any damages or losses suffered by Washtech due to the early termination of this agreement as a result of the Client being in breach of its obligation under this agreement.
- 11 .4 Any time credit or other indulgence granted by Washtech to the Client shall not constitute a waiver by Washtech of any of its rights under this agreement.
- 12.1 All costs and expenses incurred by Washtech in enforcing its rights under this agreement shall be payable by the Client upon demand.
- 13.1 This agreement shall not be modified, amended, rescinded, cancelled, or waived in whole or in part except in writing signed by both parties to this agreement.
- 13.2 Any notice or delivery sent by prepaid post at the last known address of the addresses shall be deemed to have been given two working days after posting or the following working day if sent by email.
- 14.1 Washtech may, at its discretion substitute the Equipment for an equivalent model without further reference to the client. For the purposes of the Personal Property Securities Act, the client agrees to the registration by Washtech of a Financing Change Statement to record the substitution of the Equipment.