a) Company means Urban Cine Pty.Ltd ATF The Hall Family Trust (ABN 87 107 611 577) of 13 Sydenham Road, Norwood, South Australia 5067, Australia.
b) Customer means a Company &/or person hiring the Equipment, including all persons acting on behalf of or under the instructions of the Customer.
c) Equipment means the equipment & accessories listed on Equipment Hire Agreement, Invoice or Quote.
d) Hire Charge means the hire charge set out within the Equipment Hire Agreement together with any applicable taxes.
e) Term means the period specified within the Equipment Hire Agreement.
2. Terms and Conditions
The Equipment is hired strictly on the basis of the terms & conditions contained in this agreement. Modification of these terms & conditions expressed in any document of the Customer will not apply to the hire of the Equipment unless expressly accepted in writing by the Company.
3. Hire of Equipment
The Company agrees to hire the Equipment to the Customer for the Term & the Customer agrees to take the Equipment on hire for the Term & pay the relevant Hire Charges. The Hire Charge must be paid in full prior to the Equipment being removed from the Company's premises, unless the Customer is an approved account Customer, in which payment terms are set by the Company. In the event of a late notice cancellation of the hire, the Company reserves the right to charge a cancellation fee equivalent to 60% of the Hire Charge. If the Customer fails to return the Equipment by the agreed Term the Company is entitled to apply additional Hire Charges.
4. Obligations of the Customer
In all cases of hire of the Equipment the Customer must:
a) Advise the Company of the situation of the Equipment at all times.
b) Not take the Equipment out of Australia, without the prior consent of the Company.
c) Not use or allow the Equipment to be used on any abnormal or hazardous assignment, transport or aircraft (including helicopters & light aircraft) other than regular scheduled flights by recognised commercial airline, unless the Company has given its prior written consent;
d) Take all reasonable precautions for the safety & security of the Equipment & not use the Equipment where it could be affected by salt, water or climatic or atmosphere conditions.
e) Comply with all relevant laws & regulations when using the Equipment.
f) Return the Equipment to the Company by the expiry of the Term in good working order & condition, & inform the Company of any damage or defect arising during the hiring or any incident that occurred during the hiring likely to cause such defect or damage.
g) Not attempt to adjust or repair or interfere with the Equipment except where it is necessary for its proper and normal use.
h) Ensure the Equipment is used in a skilful & proper manner by persons with the necessary experience & familiarity with that type of equipment.
In all cases of hire of the Equipment, the Customer acknowledges that:
a) The Company retains title to the equipment & that the Customer has rights to possess the Equipment as a mere bailee only.
b) The Customer does not have the right to pledge the Company’s credit in connection with the Equipment & agrees not to do so.
c) The Customer must not agree, attempt, offer or purport to sell, assign, lend, pledge, mortgage, encumber or otherwise part with or attempt to part with the Equipment & must not conceal, alter or make any addition or alteration to, or repair of the Equipment.
d) The Customer must not agree, attempt, offer or purport to sub-hire or let on hire the Equipment unless the Company has been notified & a “Customer Sub-hire Terms & Conditions” contract has been signed.
6. State of Equipment
The Customer acknowledges receipt of the Equipment in good working order & good condition. Although the Company uses a thorough checking system, the Company will not be responsible for incomplete kits, incorrect functioning of Equipment or incompatibility of the Equipment with any other equipment or software used by the Customer. The Company makes no warranties as to the adequacy of the Equipment for any task required of it by the Customer. Return of hired Equipment in a dirty condition will attract a reasonable cleaning fee at the discretion of the Company.
7. Risk & Insurance
a) The Customer accepts responsibility for the care & safekeeping of the Equipment & is liable for any damage to or loss or destruction of the Equipment from any cause whatsoever (including the acts & omission, whether negligent or not, of technicians) from the time the Equipment leaves the Company’s possession until the time the Equipment is returned.
b) The Company will be entitled to demand & recover from the Customer any losses (including costs) incurred by the Company in respect of loss or damage to the Equipment howsoever arising.
c) Insurance cover will be provided in respect of hired Equipment. A 2.5% (of the hire fee) insurance charge may be applied at the Company’s discretion.
d) Notwithstanding any insurance cover in respect of the Equipment, the Customer remains liable under the provisions of this agreement & will also be liable to pay the Hire Charge for the Equipment at the rate applicable for the Term until the Equipment is replaced or repaired as the case may be.