T&Cs
IMPORTANT: Terms & Conditions for Equipment Hire & Services
By signing your individual Hire Agreement, you accept that you have read the Terms and Conditions herein and are authorized to sign and act on behalf of the hirer.
1. DEFINITIONS:
"charges" means our quoted charges for the hire of the equipment and provision of services calculated by reference to our rates on your agreement, on our list of hire charges or other agreed rates.
"contract" means this equipment hire contract between you and us including these conditions.
“equipment” means all the goods listed on the front (or those included within the defined packages or miscellaneous items) and any replacement of those goods inclusive of all accessories, parts and other equipment.
"hire period" means the period of hire which starts when you collect the equipment from us or when we deliver the equipment to you, and ends:
(a) on the return date of your Agreement; or
(b) when the equipment is back in our possession; or
(c) if the equipment is stolen or damaged beyond repair, the date on which our insurer confirms that it will accept that the equipment has been stolen or damaged beyond repair.
"laws" means all applicable laws, regulations, guidelines, codes, standards or policies of the Commonwealth of Australia, and any state, territory or local authority.
"PPSA" means the Personal Property Securities Act 2009 (Cth).
"return date" means the date on your Agreement for the return of the equipment to us.
"security interest" has the same meaning as under the PPSA and for the avoidance of doubt, includes a purchase money security interest.
"services" means all the services listed or implied through the delivery of the brief in your Agreement.
"us", "we", "our" means CMG Audio Visual Pty Ltd (ACN 607 347 964) and its related bodies corporate within the meaning of that expression in section 9 of the Corporations Act 2001 carrying on business in their own names and under any business names.
"you", "your" means the person, firm, partnership, corporation, governmental authority or state or federal government contracting with us.
2. HIRE OF EQUIPMENT TO YOU AND SECURITY BOND:
2.1) We hire the equipment to you for the hire period on these conditions and the conditions in your Agreement.
2.2) We may extend the hire period if you notify us at least 24 hours before the return date.
2.3) We will not release the security bond (if applicable) to you unless all the equipment is returned to us in the same condition as when you picked it up or it was delivered to you at the place of delivery, less fair wear and tear.
2.4) We may retain the security bond or any part of it which we believe is necessary to repair any damage to the equipment or to clean it.
3. COLLECTION, DELIVERY AND RETURN:
3.1) Subject to Clause 3.2, you must collect the equipment from us at the place, time and on the day specified in your Agreement.
3.2) If you so request, we may deliver the equipment to your nominated address at your risk and expense.
3.3) We will use our best endeavors to deliver the equipment on the date specified, but we do not accept any responsibility for late delivery.
3.4) At the end of the hire period, you must return the equipment to us in the same condition as collected from us or delivered to you, fair wear and tear excepted, at the address in your Agreement on the return date or any later date agreed with us between 9am and 5pm. Or, if you so require, we will collect the equipment from your nominated address at your risk and expense.
4. SERVICES
4.1) We will supply the services and ensure the services are performed in a proper and efficient manner.
5. CHARGES
5.1) Hire and Services: You must provide payment in full, prior to collection or delivery of the defined equipment or services, unless otherwise stated in your Quotation/Agreement. You must not withhold payment under this contract, or make a deduction from it for any reason including because of:
(a) The equipment is damaged, does not operate, or is not in your possession; or
(b) you claim to have a set-off, counterclaim, or other right against us or any other person.
5.2) Tax and Government Charges: You must pay any stamp/hire duty, GST and all other applicable taxes, duties, levies, penalties and any other government charges imposed on or for the contract or your hiring of the equipment or your request for the services. To claim an exemption from duty or tax you must give us an appropriate exemption certificate.
5.3) Credit Card Payments: You authorise us to complete any documents to enable you to pay any charges through any credit card system with the following surcharges applicable:
(a) 1.99% on all Visa/Mastercard Transactions; or
(b) 2.55% on all Amex Transactions.
5.4) Delivery: If you require us to deliver or collect the equipment, you must pay our cost for delivery or collection as defined in your Agreement.
5.5) Cleaning Charge: You must pay any charge we incur for cleaning the equipment at the end of the hire period.
5.6) Unpaid Charges: You must pay interest at the rate of interest 3% per annum in excess of the prime indicator lending rate for the time being quoted by Westpac Banking Corporation, on any charges not paid when due, provided that if Westpac Banking Corporation ceases to quote a rate described as a prime indicator lending rate, then a rate of interest 3% per annum in excess of such rate as may, in our reasonable opinion, be equivalent to it.
5.7) Lost or Stolen Equipment: If the equipment is lost or stolen you must pay any costs we incur to replace it.
5.8) Damaged Equipment: If the equipment is damaged during the hire period you must pay any costs we incur to repair or replace it.
5.9) Bookings require Payment in Advance: On acceptance of a new Quotation or Agreement by you, full payment is required to secure the booking, equipment, services and/or dates, unless otherwise stated in the Quotation or Agreement. No bookings or orders will be confirmed, collected or delivered until full payment is received.
5.10) Non-Refundable Deposits: Please note that all deposits (including pre or part-payments) are not refundable. We operate in a highly structured service industry and can only accommodate a finite number of bookings for each period. Once an event has been confirmed by the client and the associated deposit (including pre or part-payments) has been received, CMG Audio Visual will schedule time, allocate all necessary equipment, order supplies and book additional staffing (as required) well in advance to complete your booking successfully. By adjusting, postponing or cancelling your booking, you accept that your deposit will be held to recover these costs. In the event of a postponement due to unforeseen circumstances, CMG AV may at its absolute discretion provide credit equal to the pre-payment(s) amount towards the future event scheduled. If cancellation occurs within the final 14 days prior to the event start date/required arrival on-site for delivery and/or set-up, full payment will apply.
5.11) Cancellation Policy: Cancellation due to inclement weather, change of mind, or other within the final 14 days prior to the event start date or required arrival on-site for delivery and/or set-up for the event, will still attract full payment. It is recommended that all clients take out independent insurance for their event(s) and make the necessary wet weather contingencies if outdoors.
6. YOUR WARRANTIES AND OBLIGATIONS:
6.1) Suitability: You must satisfy yourself as to the suitability, condition, quality, compliance with description and fitness for your purpose of the equipment before you collect or take delivery of it.
6.2) Operation of Equipment: You guarantee and warrant that at all times you will:
(a) operate the equipment safely, strictly under all laws, only for its intended use and under the manufacturer’s instructions;
(b) ensure persons operating the equipment are suitably instructed and trained in its safe and proper use;
(c) display and maintain all safety signs and instructions (as required by laws and the equipment instructions), and ensure they are observed by operators of the equipment;
(d) ensure all persons operating the equipment wear suitable clothing and protective equipment as required or recommended by the manufacturer or us;
(e) ensure that persons operating the equipment are not under the influence of drugs or alcohol;
(f) conduct a job safety analysis prior to using the equipment at a site if required by any laws; and
(g) not use the equipment for any illegal purpose.
6.3) Cleaning and maintenance: You must:
(a) clean, fuel, lubricate and maintain the equipment in good condition and under the manufacturer’s and our instructions at your cost; and
(b) not in any way alter, modify, tamper with or repair the equipment without our prior written consent.
6.4) Safekeeping: You must ensure that during the hire period the equipment is stored safely and securely and is protected from theft, seizure or damage.
6.5) Alteration and Identifying Marks: You must not alter, deface, remove or erase any notices, safety information, identifying mark, plate or number on the equipment.
6.6) Electrical Equipment re-testing and re-tagging: You are responsible for arranging at your cost the re-testing and re-tagging of any electrical equipment if required by any laws.
6.7) Warranties: You warrant that:
(a) the particulars in your Agreement are correct and not misleading in any way;
(b) any person who collects or takes delivery of equipment is authorized to do so;
(c) you will not breach any copyright or other restriction about or for the equipment;
(d) you have not relied on our skill or judgment or any representations made by or on our behalf in entering into this contract.
7. EQUIPMENT BREAKDOWN:
7.1) Your obligations: If the equipment breaks down or becomes unsafe to use during the hire period you must;
(a) immediately stop using the equipment and notify us;
(b) take all steps necessary to prevent injury occurring to persons or property as a result of the equipment's condition;
(c) take all steps necessary to prevent any further damage to the plant, and
(d) not repair or attempt to repair the equipment without our prior written consent.
7.2) Our obligations: If the equipment breaks down or is unsafe to use
through no fault, negligence, recklessness or misuse by you, we will:
(a) take all steps necessary to repair the equipment or provide suitable replacement equipment as soon as reasonably possible after being notified by you; and
(b) not charge you for that portion of the hire period during which the equipment is broken down or unsafe, and pay the costs associated with any repair or replacement of the equipment.
8. TITLE TO EQUIPMENT
8.1) The equipment is and remains at all times our property and at all times you hold the equipment as bailee from us.
8.2) You must not offer to sell, assign, sub-let, mortgage, pledge or otherwise part with possession or deal with the equipment in any way which is inconsistent with the our rights as owner of the equipment.
9. SECURITY INTEREST UNDER THE PPSA
9.1) You promise that you have not granted, and will not grant, any other person a security interest in the equipment.
9.2) You must do anything (including providing information, obtaining consents, signing and producing documents and arranging for documents to be completed and signed) that we request and consider necessary to:
(a) ensure that any security interest in the equipment is enforceable, perfected and otherwise effective;
(b) enable us to apply for any registration, or give any notification, about the security interest so that the interest has the priority required by us; or
(c) enable us to exercise rights about the security interest.
9.3) You must pay us any costs we incur in doing anything required by this Clause 8 and must reimburse our costs and expenses (including legal fees) for anything you are required to do under this Clause 8 but do not do.
9.4) To the extent permitted by law, if the PPSA applies, you irrevocably waive any rights you may have to:
(a) receive notices or statements under Sections 95, 121(4), 125, 130, 132(3)(d), 132(4) and 135 of the PPSA;
(b) redeem the equipment under section 142 of the PPSA;
(c) reinstate the contract under section 143 of the PPSA; and
(d) receive a verification statement (as defined in the PPSA).
10. EXCLUSION & LIMITATIONS OF LIABILITY
10.1) All warranties and conditions are excluded to the full extent permitted by law and our only obligation resulting from our breach of any condition or warranty is limited, at our option, to the:
(a) replacement of the equipment or the supply of equivalent equipment;
(b) repair of the equipment;
(c) payment of the cost of replacing the equipment or of acquiring equivalent equipment; or
(d) payment of the cost of having the equipment repaired.
10.2) Subject to the full extent permitted by law we exclude all liability to you or to any other person and you release and discharge us from and indemnify and hold us harmless against any liability, loss (including consequential or economic loss), actions, proceedings, claims, demands, damages, costs, penalties and all expenses legal or otherwise (including court costs and legal fees reasonably incurred) in respect of or arising from:
(a) the delivery, selection, purchase, acceptance or rejection, ownership, possession, use, repair, maintenance, storage, performance, non-performance or operation, of the equipment;
(b) any breakdown of, damage to, or defect in, theft or destruction of the equipment or any accident to or involving the equipment or their use, operation, repair, maintenance or storage or which may otherwise be suffered or sustained in, upon or near the equipment;
(c) any seizure, distress, execution or other legal process, confiscation or forfeiture of the equipment;
(d) any claim made against us by any third party in relation to the breach of this contract by you;
(e) any breach of any law, statute, by-law, decree, regulation, ordinance by you; and
(f) any matter in relation to which liability has been assumed by us under this contract.
10.3) You indemnify us and must on demand reimburse us for all costs, charges, expenses, fees, disbursements (including all reasonable legal costs on a solicitor and own client basis) paid or incurred by us of or incidental to any breach, default or repudiation of this contract by you and the exercise or attempted exercise of any right, power, privilege, authority or remedy of us under or by virtue of this contract, including all amounts incurred in repossessing the equipment from you under the terms of this contract and in enforcing this contract generally.
10.4) The indemnities and assumptions of liability contained in sub-clauses 10.2 and 10.3 will continue in full force and effect notwithstanding the termination of this contract whether by expiration of time or otherwise as to any act or omission relating to the equipment occurring during the continuance of this contract which at any time is claimed to have created a cause of action against us or assumption of liability by you.
10.5) We will not pay any indirect, economic, special or consequential loss or damage, including but not limited to, loss of revenue, profit, production, business, anticipated savings or claims by you, even if we know they are possible or otherwise foreseeable.
11. INSURANCE
11.1) Policies of Insurance:
(a) You must in both our names and in relation to our respective interests in the Equipment effect and maintain at all times during the hire period under an enforceable policy or policies the following insurances with an insurer approved by us:
(i) comprehensive insurance of the Equipment for their full insurable value against all loss or damage of any kind, however caused;
(ii) insurance against all third party risks including liability for damage or injury of any kind and however caused to any property or person and also against other risks to the full extent required by law;
(iii) insurance against any insurable risk commonly insured against for property of a similar nature to the Equipment; and
(iv) insurance against such other insurable risks as we may reasonably stipulate from time to time.
(v) You must at all times ensure that your employees, contractors, subcontractors or agents using or operating the equipment are adequately covered by all insurance necessary to cover you them for the use of the equipment.
(b) You must not do anything or permit anything to be done or omit to do anything which may in any way prejudice our respective rights under any policy of insurance referred to in paragraph 11.1(a).
(c) You must notify us in writing within 48 hours of any occurrence or event which could give rise to a claim under any policy of insurance referred to in paragraph 11.1(a).
(d) We are entitled to receive all moneys payable under any policy of insurance referred to in paragraph 11.1(a). You appoint us and each and every one of our duly authorised officers, and our attorney to recover or reasonably compromise in both our respective names any claim for loss or damage under any such policy or otherwise and to give effectual releases and receipts for any claim. We are authorised by you to appropriate any insurance or other moneys received by it towards any moneys then due and owing by you to us under this contract
11.2) Payment of Insurance Premiums: You must pay all premiums and any other amounts necessary or desirable in our opinion to keep current the insurances required by sub-clause 11.1. Upon reasonable request, you must produce to us certificates of currency of the insurance policies and originals or certified copies of the insurance policies. If for any reason you fail to pay by their due date any premiums or other amounts required by this sub-clause 11.2 to be paid by you, we may, at our discretion, pay such amounts, in which case the you must on demand reimburse us for the amounts paid.
12. TERMINATION:
If you breach any condition of this contract, or become bankrupt, insolvent, under administration, are wound up, or cease trading, then we may:
(a) end this contract, and/or
(b) sue for recovery of all charges you owe us, and/or
(c) repossess the equipment (and you authorize us to enter any premises where the equipment is located).
13. GUARANTEE AND INDEMNITY
13.1) Guarantee: The Guarantor acknowledges that this contract has been granted to you at your request and in consideration of the grant covenants with us, as follows:
(a) the Guarantor unconditionally guarantees to us the payment, when demanded from the Guarantor, of every sum payable by you to us under this contract;
(b) if you breach this contract, the Guarantor indemnifies us from and against all actions, loss, claims, costs and damages arising out of the breach.
13.2) Continuing Guarantee: This guarantee and indemnity remains in full force and effect despite termination of this contract, until such time as we receive in full all of the money we are entitled to receive under the terms of this contract.
13.3) Guarantee not affected: The guarantee and indemnity is not affected by any of the following:
(a) any variation with or without the consent or knowledge of the Guarantor of any of the covenants of this contract;
(b) any breach of your obligations with or without the consent or knowledge of the Guarantor or us;
(c) the granting by us of any time, concession or indulgence to you for the performance of any of your obligations;
(d) you becoming insolvent or bankrupt, or the appointment of a liquidator, receiver manager or other "controller" or the disclaimer of any of your obligations by a liquidator or similar person;
(e) the termination or surrender of this contract consequent on your default
(f) the absence of any notice to the Guarantor of your default in respect of this contract; or
(g) any other circumstance or thing which but for this provision might terminate or impair the operation of this guarantee and indemnity.
13.4) No Set-off: The liability of the Guarantor is not affected by any claim or right to set-off or cross-action which you may have or claim to have against us on any account nor is the Guarantor entitled to set-off against us.
14. NO WAIVER
Time is of the essence of this contract, but any delay by us in exercising any right or power is not to operate as a waiver of that right or power and a single or partial exercise of any right or power does not preclude any other or further exercise of that right or power.
15. LAW
The law of New South Wales applies to the contract and you must bring any proceeding against us in a court of New South Wales.