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* The Maximised Rental Agreement is not available for citizens or residents of Australia

Terms and conditions

  1. Under the fixed rental lease the rent is payable in respect of the subject container.  It does not depend on the use of other containers in the business.

     

  2. Under the aggressive lease, the rental depends on the return for the individual container.  There is no pooling of income from various containers.  There is no even distribution of the renting of containers.

     

  3. Under the fixed rent lease, Pacific Tycoon must pay the rent whether it rents the container to others or not and whether it makes a profit on the rental or not.

     

  4. Under the aggressive lease, the rent is a percentage of the net income derived from renting the container. 

     

  5. Under neither lease does the rental payable by Pacific Tycoon depend on the use of other owners' containers. 

     

  6. Under both leases, the owner's return does not depend on a fair allocation of rent or prospective renters between participating owners. 

     

  7. Income from containers leased to Pacific Tycoon is not pooled.

     

  8. An owner may terminate the lease on one's month notice.

     

  9. Monies are not used in common to operate the container rental arrangement.

     

  10. Each container is used individually.  Its use does not depend on a broader rental arrangement for containers.

     

  11. The owner's return under each lease is in no way a share of the profit on the use of all of the containers in the fleet. 

     

  12. Under the fixed rental lease, Pacific Tycoon is required to pay the rent for as long as the lease is in place.  The payment of rental does not depend on Pacific Tycoon conducting a container rental business or conducting such a business profitably. 

     

  13. Pacific Tycoon is an entity of financial substance.

     

  14. There are few expenses incurred in relation to each container.  If any expenses are incurred they are applied, under the aggressive lease, to the particular container.  The costs attributable to an individual container can, but not necessary include delivery and trans-shipping costs, maintenance costs, resting costs and agent's costs. None of these costs are taken into account under the fixed rental leases. 

     

  15. Pacific Tycoon may rent the containers within the transport industry for short or long term rentals depending on demand at any particular time.

     

  16. The rent payable under the fixed rental lease does not depend in any sense on the management skills of Pacific Tycoon.  The rental return under the aggressive lease will depend on Pacific Tycoon's ability to derive a return on each container. 

     

  17. The rental return under the fixed rental lease does not depend on Pacific Tycoon operating the container rental business profitably.  The return under the aggressive lease depends on the rental derived by Pacific Tycoon for each container. 

     

  18. There is no understanding with owners that the container rental business will be operated so as to assist Pacific Tycoon in paying the rent. 

     

  19. Pacific Tycoon may operate its container rental business with or without containers provided by other owners.  Pacific Tycoon itself owners containers.  There is no understanding between Pacific Tycoon and container owners about how Pacific Tycoon will deploy containers within the industry.