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Terms and Conditions

Wonder Water Limited

CONSUMER LEASE TERMS AND CONDITIONS

DISCLOSURE FORM means the Consumer Lease Initial Disclosure Form that forms part of this lease.

PAYMENT PERIOD means either a weekly, fortnightly or monthly period as specified in the “payment information” section of the Disclosure Form and if none is specified it means a weekly period.

PREMISES means the Physical Address specified in the “Customer Information” section of the Disclosure Form, or such location as agreed by us under clause 1(c) of this Terms and Conditions.

TERMS AND CONDITIONS means this document headed “Consumer Lease Terms and Conditions”.

THIS LEASE means your consumer lease with us that is made up of the Disclosure Form and these Terms and Conditions and includes any agreed variations.

WATER FILTRATION UNIT means the goods specified as the “Goods Leased” on the Disclosure Form and includes all goods supplied by us for its use including filters and tanks.

YOU means the person or people specified in the “Customer Information” section of the Disclosure Form and if there is more than one of you it means each of you separately and both of you jointly and includes your successors.

1. PAYMENT, LOCATION, TERM AND RENEWAL

  1. You agree to pay the lease instalment amounts at each payment period during the term specified in the Disclosure Form on each annual renewal of this lease, the instalment amount will be increased by an amount that is no more than 10% of the instalment amount immediately prior to that renewal. We will notify you of the new instalment amount before the change in the instalment amount takes effect. All payments must be made by direct debit or credit/debit card unless you are paying the outstanding balance in full.
  2. The term of this lease is set out in the Disclosure Form under “The Term of This Lease”. Unless either party has given notice to terminate within four weeks of the end of the term (or a renewed term), the term will automatically renew for a further 12-month term so that the lease continues until this lease is terminated.
  3. The Water Filtration Unit will be situated at the Premises during the term of this lease or at such other location as may be agreed to from time to time by us and you. If you move from the Premises you must notify us of your new address and contact details.

2. OWNERSHIP

  1. We retain ownership of the Water Filtration Unit notwithstanding your possession and use of the Water Filtration Unit and any temporary attachment of the Water Filtration Unit to any premises to facilitate the use of the Water Filtration Unit, subject only to the rights of you to use the Water Filtration Unit in accordance with, and under, this lease. You must not agree, attempt, offer, or purport to sell, assign, sublet, lend, pledge, mortgage, bail, let on hire or otherwise part with or attempt to part with personal possession of the Water Filtration Unit and its components or otherwise deal with the Water Filtration Unit.
  2. You acknowledge that the Water Filtration Unit cannot be purchased from us by you or by any nominee of you at any time.

3. INSURANCE

You shall insure and keep the Water Filtration Unit insured at your expense for the Cash Price against such risks and contingencies as are available in a standard contents or material damage insurance policy. If any money is paid to you pursuant to an insurance claim in respect of the Water Filtration Unit you will pay such portion of the claim proceeds that relate to the replacement or repair value of the Water Filtration Unit to us.

4. OPERATION, CARE AND REPAIR

  1. You shall at all times ensure that the Water Filtration Unit is used solely for its intended purpose and (where applicable) in accordance with its rated capacity, which shall not be exceeded. You will comply with all instructions and recommendations of the manufacturer of the Water Filtration Unit concerning its maintenance and use.
  2. You must at all times keep and maintain the Water Filtration Unit in a clean and reasonable condition taking account of normal wear and tear and you must keep the Water Filtration Unit under cover and fully protected from the weather.
  3. If you or anyone permitted by you to be on the Premises damages the Water Filtration Unit due to neglect, mishandling, improper use, theft, fire or natural disaster and the Water Filtration Unit requires repairs, you must immediately notify us and will permit us to arrange the repairs or a replacement Water Filtration Unit at your cost.
  4. In the event of a defect in the Water Filtration Unit, we will repair or replace the Water Filtration Unit at no cost to you except if the defect is caused by you pursuant to clause 4(c) of these Terms and Conditions.
  5. You agree to permit us, or our agent to, at reasonable times, after giving reasonable notice to you, to arrange for the collection of the Water Filtration Unit or enter upon any land or premises where the Water Filtration Unit may be situated and retake possession for the purpose of effecting repairs.

5. TERMINATION

  1. You are entitled to terminate this lease at any time by giving us four weeks’ notice. The termination date will be four weeks from the date we receive notice of your request to terminate. We may terminate this lease at any time by giving you four weeks’ notice and the termination date will be four weeks from the date we send you notice of our intention to terminate.
  2. On termination of this lease you must deliver up the Water Filtration Unit to us in good repair, order and condition, reasonable wear and tear excepted, to our address as specified in the Disclosure Form or as otherwise advised by us.
  3. On termination of this lease you agree to pay to us any weekly instalment amounts that have fallen due and that remain unpaid to the date of termination, the Water Filtration Unit Collection Fee if you do not return the Water Filtration Unit to us, and if a default has occurred then any amounts due pursuant to clause 6 below.

6. DEFAULT

  1. The following events amount to default by you under this lease:
    1. if you fail to pay the instalment amounts or other money payable under this lease on the due dates for payment;
    2. if you fail to perform or observe any of the covenants or provisions of this lease on the part of you to be performed or observed;
    3. if you have made any false, inaccurate or misleading statement to us with regard to the entering into this lease.
    4. if you make any representations or warranties in this lease that are or become materially incorrect or misleading;
    5. if you become insolvent, are adjudicated bankrupt, placed into liquidation, receivership or other form of statutory administration; or
    6. if you are the trustee of a Trust, that the trust’s liabilities exceed the value of its assets;
  2. If an event of default occurs we may immediately, or at any time thereafter:
    1. after giving reasonable notice to you, enter upon any land or premises where the Water Filtration Unit may be situated and retake possession of the Water Filtration Unit; and
    2. terminate this lease.
  3. If this lease is terminated for any reason other than in accordance with clause 5 above, then without prejudice to our other rights at law or in equity, we may, at any time thereafter, demand immediate payment of all or any of the following:
    1. all arrears of the instalment amounts and other money then due and payable by you under this lease;
    2. the costs of repossession of the Water Filtration Unit; and
    3. all costs and expenses we have incurred in enforcing this lease, but without releasing you from any of your liability in this lease in relation to the default.

7. GENERAL TERMS

  1. We may assign, transfer or otherwise deal with this lease. We will give you notice as required by law of any assignment. On assignment the assignee will have all rights to this lease including the right to hold and process your personal information.
  2. This lease is governed by the laws of New Zealand and you submit to the jurisdiction of the courts in New Zealand.
  3. We may give notice to you by visiting you personally, sending a letter to the Premises, sending an email to the email address specified in this lease, sending you a text message to your mobile phone or otherwise in accordance with any law. You consent to receiving electronic disclosure to the email address specified in the Disclosure Form.
  4. Except to the extent of our responsibilities to you under the Consumer Guarantees Act 1993 and your remedies in that Act and only to the extent permitted by law, our liability to you in connection with this lease is limited to the Cash Price and you indemnify us for claims in relation to your use of the Water Filtration Unit and in relation to this lease.

8. Privacy

To enable us to assess your application for this lease, process that application, carry out our obligations in this lease and if necessary enforce our rights in this lease, we need to collect personal information about you. All information we collect in relation to this lease will be held by us and may also be shared and/or held by credit reporting agencies, our agents, or our professional advisers to the extent they are required to review, use or store the information in the delivery of their services to us. We may also share your information with our assignees (or potential assignees) to the extent they are interested taking a transfer or assignment of this lease. You also agree that we may use your information to offer new products and services to you and that we may share your information to other related companies in our group. You can contact us by phone, email or post to confirm how you can inspect the information we hold about you, and if you believe any of the information is incorrect, you may request us to correct it. You consent to us completing a credit enquiry with a credit reporting agency including other Government agencies for Ministry of Justice fines database and NZTA. You authorise us to share your information with third parties in respect of the authorised uses above.

You authorise us to give our credit reference agency your positive credit information (including repayment history information) and about any default in your payment obligations

9. WARRANTIES

YOU WARRANT AND UNDERTAKE TO US:
  1. That you are solvent and are not aware of any insolvency proceedings being taken against you;
  2. That you are legally competent to enter into this lease;
  3. If you are a company or partnership, that you are validly constituted under New Zealand law and have taken all necessary actions and hold the necessary authority to enter into this lease and perform its obligations;
  4. If you are a trustee of a trust, that the trust has been validly formed under New Zealand law, that you are all the trustees of that trust and each trustee has been validly appointed and has the requisite powers to enter into this lease and perform its obligations;

TYPE OF LEASE

This lease is a consumer lease for the purposes of Part 3 of the Credit Contracts and Consumer Finance Act 2003.

THE LEASE

AGREEMENT TO LEASE: We lease the Water Filtration Unit to you, and you take the Water Filtration Unit on lease from us, for the term of this lease (including any renewal of the term) at the instalment amounts and on the terms and conditions contained in this lease.
EARLY TERMINATION OF THIS LEASE: You may terminate this lease at any time by giving us 4 weeks’ notice and the termination date will be four weeks from the date we receive notice of your request to terminate. On termination you must pay the amounts specified in clause 5 of the Terms and Conditions.
SERVICES FINANCED BY THIS LEASE: A set of water filters will be delivered to the Premises every 12 months and is included in this lease.
RIGHT TO CANCEL: If for any reason you no longer need our Wonder Water Filtration Unit, then you can contact us within 5 (five) days from the date that you receive a copy of this lease.
FEES AND CHARGES PAYABLE ON BREACH OF LEASE:
  • Water Filtration Unit Collection Fee $110 – Covers our reasonable costs of collection and is payable if you fail to return the Water Filtration Unit to us by on or before termination of this lease and we arrange to collect the Water Filtration Unit.
  • Any expenses we incur from third parties if you default and we take steps to enforce our rights under this lease.
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