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hire terms & conditions

TERMS AND CONDITIONS OF HIRE

  1. We agree to hire to you the Prop for the term and hiring fee as specified on the covering page of this agreement. Unless otherwise specified, the price does not include set up, collection and delivery costs.
  2. Any set up, collection, or delivery performed by us under this agreement will incur an additional Delivery/Collection Fee as agreed between the parties on an as needs basis.
  3. If you elect to have your Props set up or delivered by us, you will advise us of any and all set up/delivery instructions prior to delivery, and, if applicable, provide us with a contact person for the relevant venue/location.
  4. If requested by you, we may extend or renew this agreement for an additional term in accordance with the terms of this agreement and for the duration and hiring fee as agreed by us in writing.
  5. You must pay the Hire Fee on the Payment Terms set out on the covering page of this agreement. If you must make a payment or do any other thing on or by a day that is not a business day you must make the payment or do the thing on or by the next business day. Your observation of agreed time frames is of primary importance.
  6. You agree to pay us the Deposit set out in the covering page of this agreement prior to or on the date of signing this agreement. The Deposit will form part the Hire Fee. Cancellation of the contract will result in a forfeiture of the Deposit.
  7. You must pay us by electronic funds transfer the balance of the Hire Fee 1 month before delivery of the Prop.
  8. Unless we otherwise agree to you paying by instalments and note this on the covering page of this agreement, payment is a condition precedent to delivery of the Prop.
  9. If you fail to return the Prop on time, then Late Fee charges will apply at the rate set out on the cover page of this agreement.
  10. We agree to refund any Bond paid by you within    days of the end date of the term of hire, after deducting any amount required to rectify any breaches of this agreement by you.
  11. You agree that your use of the Prop is at your own risk and you must:
    1. Decide the suitability of the Prop for the purpose required;
    2. Use the Prop in a skilful and Proper manner and only for the purpose and within the capacity for which it was designed;
    3. Ensure the Prop is maintained and kept in good order and substantial repair and condition;
    4. Be responsible for the safe keeping of the Prop and indemnify us for any loss or damage to it by whoever and howsoever caused;
    5. Be responsible for and indemnify us against all claims in respect of injury to persons, or damage to property, arising out of the use of the Prop by whomever during the term of hire however arising;
    6. Advise us of any change to the Location of Use, providing at least 7 days’ notice;
    7. Upon request, allow us to visit or otherwise inspect the Location of Use prior to the Hire Period;
    8. Not alter the Props in any manner; and
    9. Allow us, our employees or agent to enter the Location of Use to deliver, set up and collect the Prop during the term of hire or after the term if you fail to return the Prop on time.
  12. You agree that we may use and publish any material obtained by us at the Location of Use during the Term of Hire, on any social media, online platform or any form of publication. Such material includes but is not limited to photographs, images or video footage. You confirm that at all times it is and was understood and agreed that from the moment of creation of any such materials, we own all rights in respect of the materials arising under the Copyright Act 1968.
  13. You are responsible for the loss and damage to the Prop while it is on hire. You will pay for any losses, damages, costs and expenses suffered by us as a result of and not limited to theft, weather damage or any act caused by the negligence of yourself or any other person while under hire to you.
  14. In the event that you suffer any loss or damage howsoever arising as a result of the Prop being inoperable or not fit for purpose then you agree that our liability is limited to the repair or replacement of the Prop and is not to include economic or consequential damages of any nature.
  15. We disclaim all and any warranties, not required by law, whether express or implied including but not limited to warranties as to merchantability and fitness for a particular purpose of the Prop.
  16. By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our agreement.
  17. You will be in default if you do not pay us when monies are due for payment or fail to comply with any other obligation under this agreement.
  18. If you are in default under this agreement we may send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have 5 business days to rectify the default.
  19. If you do not comply with the default notice then we may terminate the agreement with immediate effect and you become immediately liable to pay us all monies owing with interest on that amount from the due date until payment at the rate of 15% per annum.
  20. You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you, if any, and indemnify us against any losses resulting from the default.
  21. Upon default in payment or termination we will be entitled to take possession of the Prop and for this purpose you irrevocably appoint us your attorney and authorise us or our agent to enter on any land or premises owned by you or under your control and recover the Prop and you will pay for and indemnify us against any claims, losses, damages, costs and expenses arising out of the repossession of the Prop.
  22. You acknowledge and agree that we may terminate the agreement at any time by providing you written notice. Circumstances that may give rise to termination under this clause include, but are not limited to, safety concerns, any expectation of weather conditions which may cause any loss or damage to the Prop during the term of hire, and any emergency or intervening event that may prevent us from fulfilling this Agreement.
  23. Notwithstanding any other clause of this agreement, we may terminate this agreement at any time by providing you 7 days’ written notice and refund any fees paid by you.
  24. You agree we may use all or part of the Deposit towards the payment of any monies owing under this agreement.
  25. You agree to sign documents or do all things necessary to perfect our rights under the agreement.
  26. We each agree to be bound by the Special Conditions set out in the covering page of this agreement and agree they take precedence over any contrary provision in this agreement.
  27. All notices, requests, demands or other communications required/permitted by this agreement will be given in writing and either served personally or sent by mail, fax or email.
  28. The law of New South Wales governs this agreement. We submit to the exclusive jurisdiction of the courts of New South Wales.