Conditions of Hire

 

In these conditions of hire and on the front hereof this Agreement, unless the context otherwise

indicates the singular includes the plural and vice versa, and:-

“The Vendor” means the person on the front hereof as Vendor, who is the person signing this

hire Agreement, or as an agent of the Vendor.

 

“The Hirer” means the person on the front hereof as Hirer, who is the person signing this hire

Agreement, or as an agent of the Hirer.

 

“The Equipment” means all Equipment referred to on the front hereof, and any Equipment

owned or supplied by The Vendor to the Hirer.

 

The Hirer undertakes:

1. To carefully check the Equipment and notify The Vendor within 24 hours of the start of

the hire period of any shortages or malfunction.

2. To maintain the Equipment throughout the period of hire, and return the Equipment to

The Vendor in the same condition it was supplied in. (less fair wear and tear as

determined by The Vendor).

3. Not to part with possession of the Equipment and not to sublet, reassign, or pledge the

Equipment to any other person or party without written permission of The Vendor.

4. To pay promptly and without retention, all charges for the Hire of the Equipment, all

charges for damage or loss to the Equipment as determined by The Vendor and any

charges for late return, and to make payments on time or upon oral demand of The

Vendor.

5. To peacefully permit The Vendor or any or his agents to enter any premises The

Vendor believes the Equipment to be in or being used in and to inspect or re-posses the

Equipment should any condition herein be breached, or if The Vendor has demanded

return of the Equipment.

6. Not to bring any claim or action against The Vendor as a result of The Vendor re-

possessing the Equipment in the event of the Hirer breaching any conditions shown here in.

7. The Hirer agrees not to bring any claim or action whatsoever against The Vendor in

relation to this Agreement or the Equipment.

8. The Hirer accepts full responsibility for any loss or damage to the Equipment

whatsoever caused, from the time the Equipment leaves The Vendor’s premises or

care. Such being the life of this Agreement as determined by the time as noted on the

front hereof from the start of the hire period until all the Equipment is returned to The

Vendor’s premises or care and duly noted as returned by an agent or an officer of The

Vendor.

9. In the event of loss or damage, the Hirer shall pay The Vendor upon the demand The

Vendor’s cost of replacing or repairing any item damaged or lost, such cost to be

determined by The Vendor.

10. In the event the Hirer offers The Vendor an alternative or a substitute item as

replacement The Vendor shall determine suitability of the offered item prior to accepting

same and The Vendor reserves the right of refusal or any substitute item offered which

in the opinion of The Vendor is not to the same standard or condition of the item lost

damaged or being replaced.

11. If there is loss or damage caused to any individual or property whilst The Vendor

Equipment is in the Hirers control, the Hirer shall be liable and shall comply with the

following:

Where loss is due to theft from locked premises or a locked vehicle, by means of forced

entry, or where damage or loss is caused as a result of fire, or collision of a vehicle,

such event or the matter is to be immediately reported to the Police and a copy of the

Police report is to be submitted to The Vendor.

12. The Hirer acknowledges that the Hirer should obtain Public Risk insurance to cover loss

or damage to the person or property whilst the Equipment is on hire.

13. Where the Hirer assigns the charges payable to a third party or another person or

organisation and where the charges are not paid to The Vendor in full within 30 days of

demand, then the Hirer shall be liable to pay The Vendor the full balance due.

14. Where the hire charges are established at a lower rate than The Vendor’s published

rate, or where a long term rate is applied and where the period is shortened or

terminated by the Hirer early, the hire charges may, at the option of The Vendor, be

recalculated by The Vendor and the Hirer will be liable to pay The Vendor the difference

between the original rate and the rate for the shorter period as determined by The

Vendor.

15. The security deposit as noted on the front hereof, shall be returned to the Hirer in full on

return of all the Equipment in the same working order as it was initially hired. Should

any damages or losses be incurred by the Hirer during this hire period, any costs will be

deducted from the security deposit with the balance returned to the Hirer. Costs

exceeding the security deposit will be paid in full by the Hirer, on demand by The

Vendor.

16. The Hirer shall be liable for any failure of loudspeaker, horn diaphragms and

microphone inserts caused in the opinion of The Vendor, by misuse, over powering or

feedback. The Hirer shall either replace the item or shall pay the trade price as

determined by The Vendor.

17. The Hirer will pay for any styli or slip mat that is damaged, stolen or swapped whilst in

their care.

18. The Hirer will pay for any lamps that fail in the Equipment on the 8th day of hire or

beyond that day and during the first 7 days of the hire, the Hirer shall pay 50% of the

trade price as determined by The Vendor. All blown and spare lamps are to be returned

to The Vendor for inspection. Where the hire is of long term the Hirer accepts full

responsibility for replacement and maintenance of all lamps.

19. The Hirer shall return all leads and cables rolled neatly in a proper manner as

determined by The Vendor, or pay a re-rolling fee of $2.00 inc GST per lead for any

leads or cables not returned in a satisfactory state as determined by The Vendor.

20. The Hirer shall return all Equipment to The Vendor no later than 12 Midday (EST) on

the due date of return, returns later than 12 Midday (EST) shall be construed as an

additional days hire, with a return later than 3pm being construed as a second extra day

of hire. Such additional hire charges will be imposed until every item of Equipment has

been duly returned to the care of The Vendor.

21. The Vendor has the right to refuse hire to any individual that it chooses for any reason.

22. If the Equipment is used either inside or outside, it is the sole responsibility of the Hirer

to ensure that any Equipment is held securely by means of dedicated security

personnel and or lock and key. A safe secure environment should also be provided for

any of The Vendor’s officers or agents whilst either operating, delivering or removing

the Equipment. Where if necessary security/crowd control personnel and safety

equipment is to be provided and measures are to be employed to ensure the correct

safe environment.

23. The Hirer agrees to pay The Vendor an accounting charge in relation to any monies or

charges unpaid 30 days after The Vendor serves notice in writing that those charges

are due. Such accounting fee to equal 10% of the amount outstanding as at the last day

of each month thereafter.

The Hirer will on or before commencement of the hire pay The Vendor:-

a. The hire fee.

b. The deposit (If required).

c. The security deposit (If required).

d. Stamp Duties in respect to this Agreement and the hiring.

e. Goods & Services Tax (GST). Forthwith upon request from The Vendor, pay The

Vendor the following charges:

f. The replacement costs of the Equipment shall be noted as the trade price as denoted

by The Vendor’s suppliers and the necessary GST that may be applied.

g. Any charges that may be incurred (Such as parking costs and parking fines, if a suitable

loading dock is not provided) by The Vendor whilst delivering or collecting the

Equipment.

h. All costs incurred in cleaning the Equipment, if the cleanliness of the Equipment is not

the same cleanliness as The Vendor originally supplied it.

i. All costs incurred by The Vendor in delivering and recovering possession of the

Equipment. As per clause 5.

j. The Hirer will satisfy itself at the commencement of this Agreement that that the

Equipment is suitable for its purposes.

24. The Hirer will satisfy itself at the commencement of this Agreement that that the

Equipment is suitable for its purposes.

25. Operate the Equipment only for its intended use and safely and strictly in accordance

with the laws and any manufacturer’s instructions, that may be supplied by The Vendor,

posted on the Equipment or noted herewith.

26. Comply with all Occupational Health & Safety laws relating to the Equipment and it’s

operation.

27. The Equipment is secured safely upon or loading in/out of the Hirers vehicle.

28. Operate the Equipment with the correct power source.

29. The Hirer must ensure that the venue or the environment in which the Equipment is be

operated and The Vendor’s officers or agents whilst either operating, delivering or

removing the Equipment, is covered by a current public liability insurance policy.

30. The Hirer will not tamper with or repair the Equipment, unless they can prove that they

have been professionally trained or are employed within the field of production or

electronics.

31. The Hirer must comply thoroughly with all laws regarding noise pollution and must

adhere strictly to any directions given by the state police, Environmental Protection

Authority or any federal or state government office. If for whatever reason the

Equipment is confiscated, the Hirer shall pay for all costs to return the Equipment back

to The Vendor plus any late fees incurred.

32. All blown, spare lamps and unused batteries are to be returned to The Vendor for

inspection or charges may apply.

33. The Hirer agrees to surrender equipment of equivalent value in lieu of payment should

the hirer fail to meet payment schedules. The equipment will be held up to 3 months to give

the hirer adequate time to remedy the financial breach

 

The Vendor undertakes to provide all Equipment in good working order and condition.

This agreement and these conditions of hire shall be governed and construed in accordance

with the laws of the Queensland, Australia