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.
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.
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.
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.
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.
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. e) Any loss of or damage to the Equipment must be immediately notified to the Company & the Customer will, at the request of the Company, take any steps reasonably required of the Customer in respect of making reports to the Company, the insurer, the police or other appropriate authorities concerning any such loss or damage.
f) The Customer will not do any act or thing whereby any insurance in respect of the Equipment may be voided or prejudiced in any way.
g) The customer acknowledges that failure to comply with the conditions specified in this Equipment Hire Agreement for the proper use & handling of the Equipment will in most cases void the cover.
h) The Customer acknowledges & agrees that where insurance arranged by the Company does extend to cover any loss of or damage to the Equipment, the Customer will (in addition to any other amounts which it may become liable to pay under this agreement) be liable to pay the policy excess of $750.00.
i) The Customer acknowledges that insurance does not cover loss or damage arising from (among other things), war, including any civil war, invasion, acts of foreign enemies, hostilities, rebellion, revolution, insurrection, riot or commotion, military or usurped power, confiscation of or damage to property by a govern mental authority, ionising radiations, nuclear radioactivity, mechanical breakdown, application of the wrong current, derangement, breakage of valves & filaments, climatic & atmospheric conditions, wear & tear, loss of magnetism, overheating, faulty projection, or manipulation of Equipment, scratching & denting, theft from an unlocked vehicle, theft by an employee or agent, repairs, pressure waves caused by aircraft or other aerial devices, inappropriate used & modes of transport of the Equipment & circumstances where all reasonable precautions are not taken at all times to ensure the safety of the Equipment. Consequential losses and damages are also excluded.
a) Except to the extent implied by any statute or regulation in force, the Company makes no warranties or representations in respect of the Equipment, including its fitness for any particular use, & the Customer accepts the Equipment solely relying on its own knowledge & opinion of the Equipment.
b) The Company’s liability for a breach of any warranty implied by law is limited to the replacement of the Equipment, the supply of equivalent equipment, the repair of the Equipment, the payment of the cost of replacing the Equipment or of acquiring equivalent equipment or the payment of the cost of having the Equipment repaired.
c) If the Equipment is found to be defective, the Customer must immediately notify the Company, which will endeavour, in its sole discretion, to replace or repair the defective item as expeditiously as possible or authorise a competent repairer to repair the Equipment. If the defect is determined by the repairer to be caused by misuse, neglect or carelessness, the full cost of repairs will be borne by the Customer, who will also be liable to pay the Hire Charge until the Equipment is returned to the Company fully repaired.
d) The Company is solely responsible for carrying out all service and repairs to the Equipment and no repairs are to be carried out without the prior consent of the Company.
e) The Company will not be held liable for any loss, damage, indirect or consequential loss (financial or otherwise) caused by the Equipment to the Customer or to any property or persons, or as a result of the Equipment not being fit for any use to which it is put to by the Customer.
a) If the Customer defaults in punctual payment of any amount due under this Equipment Hire Agreement, is in breach of any term of this agreement, is declared bankrupt or enters into any agreement for the benefit of its creditors or if any execution of distress is levied against it & remains unsatisfied, or being a company, is placed into receivership or goes into liquidation, then in any such case the Company may without further notice, & without prejudice to any of its rights, terminate this agreement.
b) In the event of termination the Customer must immediately at its own risk & cost deliver up the Equipment to the Company PROVIDED HOWEVER that in the event that the Customer neglects &/or refuses to do so, it is agreed that the Company, its servants & agents may without prior notice & without liability for trespassing or any resulting damage, enter any premises where the Equipment is situated and seize and retake possession of the Equipment. It is further agreed that the Customer will be liable to pay upon demand all costs & expenses which are incidental to any such retaking of possession incurred by the Company, together with penalty interest calculated at a rate which is 2% above the 90 day bank bill rate of the Company’s bank from time to time.
Where any person signs this Equipment Hire Agreement on behalf of the Customer, the person so signing warrants that he or she is duly authorised by the Customer to enter into this agreement.
This agreement will be governed by the laws applicable in the state of South Australia, Australia & both the Company & the Customer submit to the jurisdiction of the courts of that state & any courts competent to hear appeals from those courts.