SIGNATURE SCENTING – EQUIPMENT & SERVICE AGREEMENT

a) This document and the accompanying Schedule set forth the complete agreement and understanding between Signature Scenting and the Customer regarding the provision of equipment and services.

INSTALLATION, CARE AND MAINTENANCE OF THE EQUIPMENT

a) Signature Scenting agrees to supply, install, and service the Equipment at the Service Address starting from the Commencement Date, maintaining it in good working order for the duration of the Term.
b) The Equipment remains the exclusive property of Signature Scenting. No ownership rights are transferred to the Customer.
c) The Customer agrees to use the Equipment as instructed and promptly report any damage or malfunction.
d) The Customer must not move, alter, repair, or tamper with the Equipment. Only Signature Scenting may perform maintenance.
e) The Customer is responsible for any damage to the Equipment beyond normal wear and tear.
f) The Customer agrees to protect the Equipment from theft, damage, or misuse and will bear the cost of replacement or repair in such instances.
g) Equipment provided Free On Loan (FOL) must be used in accordance with Signature Scenting's guidelines.

PROVISION OF THE SERVICES

a) This agreement commences on the date Signature Scenting completes installation at the Customer’s site.
b) If Signature Scenting is unable to provide services during the Term, it will notify the Customer and refund any applicable portion of prepaid fees. No further liability shall apply.
c) The Customer must provide reasonable and ongoing access to the site for service purposes. If access is denied, Signature Scenting retains the right to charge for services during that period.
d) The Customer must notify Signature Scenting in writing of any major renovations, relocations, or changes that may affect equipment placement or service access.

TERM AND TERMINATION

a) This agreement is for a minimum term of twelve (12) months unless otherwise specified in the Special Conditions.
b) The agreement will automatically renew for successive twelve (12) month periods unless terminated with two (2) calendar months’ written notice.
c) Termination is not permitted during the Initial Term except as provided under Clause 6.
d) Early termination without notice requires payment equivalent to two (2) months’ service fees.
e) The Customer may terminate the agreement due to a material breach by Signature Scenting, provided written notice is given and the breach is not remedied within fourteen (14) days.
f) Signature Scenting may terminate the agreement immediately in the event of a Customer breach. In such cases, service fees for the remainder of the Initial Term shall remain payable.
g) Early termination by the Customer incurs a cancellation fee equal to the remaining contract value.
h) Reduction of services or equipment removal during the Initial Term may incur removal or adjustment charges based on the remaining contract value.
i) The Customer agrees to reimburse Signature Scenting for any site-specific induction, access costs, or other compliance-related expenses necessary for service delivery.

LIMITATION OF LIABILITY

a) Signature Scenting’s liability is limited to the replacement or repair of Equipment, or the re-performance of services.
b) The Customer agrees to indemnify and hold harmless Signature Scenting from any claims arising out of the use or misuse of the Equipment, except where such claims result from Signature Scenting’s negligence.

GENERAL

a) Payments are due within fourteen (14) days from the invoice date unless otherwise agreed in writing.
b) Service rates may be reviewed and adjusted periodically to reflect changes in costs.
c) Late payments may incur interest and/or recovery fees.
d) Signature Scenting reserves the right to suspend services for overdue accounts.
e) GST will be applied to all applicable charges.
f) Signature Scenting shall not be held liable for delays or non-performance caused by events beyond its reasonable control.
g) This agreement is governed by the laws of the state in which the Service Address is located.
h) Card surcharge fees: 1.75% for Australian cards, and 2.9% for international or American Express cards.
i) A dishonour fee of $25 applies to each failed direct debit transaction.

SPECIAL CONDITIONS

This agreement is for an Initial Term of twelve (12) months from the first invoice date at the price indicated on the invoice. Services include full remote management, oil replenishment as required, and proactive technical support.