TERMS & CONDITIONS OF HIRE
AUSTRALIAN AUDIO & LIGHTING TECHNOLOGY hereafter called "The Company" sets out the terms and conditions binding upon every customer to whom this invoice is addressed (each of whom is hereinafter called "The Hirer) and constitutes the Agreement between the Company and the Hirer in relation to the hiring of the equipment described on the face of this invoice.
1. In these terms and conditions and on the front hereof unless the context to the subject matters otherwise indicates the singular includes the plural and vice versa and "the equipment" means the equipment referred to on the front hereof
2. The hirer shall pay all the charges to the Company in advance prior to the delivery unless the Hirer has a credit account with the Company in which case payment shall be made within thirty (30) days of the hirer taking delivery interest shall accrue thereafter on the amount withstanding at the rate of twenty percent (20%) per annum calculated on a daily basis and such interest shall be payable on demand. The Company reserves the right to vary this rate (from time to time) without notice.
3. The Hirer shall be deemed to take delivery of the equipment at the warehouse of the Company or its agent notwithstanding any provision for transportation of the equipment by the Company to the Hirer or its agents in any event all freight costs shall be payable by the Hirer.
4. A cancellation fee equal to 25% of the total hiring charge for one (1) day shall be charged to the Hirer where the Hirer cancels within 48 hours prior to proposed acceptance of delivery.
5. The Hirer undertakes
(a) carefully to inspect the equipment at the warehouse of the Company or immediately on taking delivery of the equipment from the Company and shall inform the Company in writing within 6 hours of delivery if there is any loss or shortage.
(b) throughout the period of hire to maintain the equipment and return the equipment in the same condition as it was when the Hirer first took possession less fair wear and tear as determined by the company.
(c) not to part with possession of the equipment and not to cause or permit any legal or equitable lien or any encumbrance to take effect or to created over or in respect of the equipment.
(d) not to affix the equipment or any part thereof to any building or other property.
(e) not to sell, mortgage, sub-let or assign the equipment.
(f) to return all of the equipment promptly to the Company at the end of the period of the hire without any requirement by the Company to make a demand in relation thereto.
(g) promptly to pay all charges in accordance with the terms set out herein irrespective that no demand shall be made by the Company to make a demand in relation thereto.
(h) to permit (and to obtain permission) for the Company and any of the officers, servants and agents to enter the premises where the equipment may be located and (without prejudice to any other claims or rights as the as the Company may have to damages or otherwise) to inspect the Company's equipment or to permit the repossession by the Company of the equipment if the Company determines that any breach of any item or condition of hire has been committed.
(i) to pay the Company any costs incurred by the Company in removal of the equipment or the re-delivery to the Company.
(j) not to bring or maintain, or be party to, or assert any action, claim, counterclaim or set-off in law or in equity or in variance from, or inconsistent with any of these terms and conditions.
(k) to use the equipment for the amplification of performance music and/or public address (hereinafter referred to as "the permitted use").
6. The Hirer agrees to indemnify the Company against any claims or actions whatsoever or howsoever made in respect of the equipment or the use thereof arising out of any event occurring during the period of hire.
7. The Hirer shall be responsible for any loss or damage to any of the equipment arising during the time from when the Hirer is deemed to take delivery of the equipment at the warehouse of the Company until the Hirer returns the equipment to the warehouse of the Company. The Hirer agrees to pay full replacement costs for any equipment lost or considered by the Company as being irreparably damaged. Such payment shall be made by the Hirer within seven (7) days of such loss or damage coming to the attention to the Company.
8. In the event of damage, and the equipment be rendered unhireable, the Hirer agrees to pay the Company an amount equal to 40% of the then current daily hiring charge for each and every day over a period considered reasonable by the Company for the repair of the equipment.
9. The Hirer shall be responsible for the loss or damage whatsoever or howsoever caused to any person or property in relation to the equipment or the use thereof and without limiting that responsibility, the Hirer shall be liable to effect public risk insurance in relation to the equipment for the duration of the period of hire. The Company hereby expressly disclaims liability for any loss and/or damage caused to any person or property in relation to the equipment or the permitted use thereof.
10. Where the Company agrees by special arrangement to deliver equipment to a person (whether or not an officer, servant or agent of the Hirer and howsoever identified) nominated by the Hirer, that person shall be deemed to be the authorised agent of the Hirer for all purposes of this Agreement and be bound by these terms and conditions without releasing the Hirer named herein from being personally and severally liable hereunder.
11. The Hirer shall not assign either the equipment or this Agreement or any obligation as to payment hereunder to any person without prior written consent of the Company which consent may be withheld absolutely and in any event any consent shall not release the Hirer named herein from liability hereunder.
12. The Hirer undertakes to return the equipment by 10:00 am (or other such time as may be agreed by the Company and the Hirer) on the specified return date and otherwise charge equal to the daily rate will be made each day including the specified date and each day thereafter in respect of late returns.
13. The Hirer agrees to return all leads and cables neatly rolled and acknowledges that a fee will be charged by the Company for failure to comply.
14. The Hirer is hereby obligated to report any shortage/damage/malfunction in the equipment to the Company not later than upon return of the equipment to the Company.
15. The supply of equipment and any services in relation thereto (including any subject to service or maintenance charges in respect of longer term periods of hire) shall be subject to availability and be at the discretion of the Company.
16. The Hirer acknowledges that all conditions and warranties which may be implied in relation to the supply of goods or services by the Company to the Hirer by virtue of the Trade Practices Act 1974 as amended and the provisions of any other applicable law of Australia and the State of Australia are to the extent permitted by those Acts and by the law excluded and negated. Without limiting the foregoing the liability of the Company for a breach of a condition or a warranty implied by the Trade Practices Act including any consequential loss which the Hirer may sustain shall to the extent permitted by the Act be limited to:
(i) in the case of goods, at the option of the Company any one or more of the following
(a) the replacement of the goods or supply of equivalent goods
(b) the repair of goods
OR (c) the payment of the cost of having goods repaired
(ii) in the case of services at the option of the Company
(a) the supply of the services again
OR (b) the payment of the cost of having the services again
17. If any of these terms and conditions, or becomes for any reason, wholly or partly invalid, that term and condition shall to the extent of the invalidity, be severed without prejudice to the continuing force and validity of the remaining terms and conditions.
18. These terms and conditions shall be governed by the construed to take in effect in accordance with the laws of the State where the Hirer takes delivery of the equipment.
19. Hire charges are subject to change without notice and are quoted in Australian dollars. Unless otherwise specified, quotes given over the phone are only estimates and may not include delivery freight, installation and/or operator fees.
20. The Hirer acknowledges and agrees that where the period of hire as described on the face of this invoice exceeds a period of two calendar months then in the event of the Hirer purporting to terminate this agreement before the expiration of the period so described then the Hirer shall pay to the Company liquidated damages as follows namely
(a) 20% of the whole of the rental paid or payable by the Hirer to the Company from the date of commencement of the hire to the date of the said purported termination it being agreed by the parties that the hiring fee described on the face of this invoice is 20% less than the prevailing market rate having regard to the length of the period of hire and that such liquidated properly reflect the reasonable losses of the Company in the event of early termination.
(b) Such sum being the whole of the hiring fee applicable to the period to the date of the said purported termination until the date upon which the equipment shall be rehired by the Company.
21. The Hirer herby agrees to use the equipment only for the purposes described in clause 5(k) hereof.