ACID FLICKS EQUIPMENT HIRE TERMS & CONDITIONS

 

ACID FLICKS – TERMS AND CONDITIONS OF HIRE AS OF 13/06/13

 

  • Definitions

 

  1. Company means ACID FLICKS (ABN 41 492 334 198)
  2. Customer means the person hiring (as the case may be) the Equipment from the Company, including all persons acting on behalf of or under the instructions of the Customer.
  3. Equipment means the equipment listed on the contract or invoice.
  4. Hire Charge means the hire charge set out overleaf, together with any applicable taxes and duties.
  5. Term means the period specified on the invoice.

 

  • Terms and Conditions

 

The Equipment is hired (as the case may be) strictly on the basis of the terms and conditions contained in this agreement. Modification of these terms and conditions expressed in any document of the Customer will not apply to the hire (as the case may be) of the Equipment unless expressly accepted in writing by the Company.

 

  • Hire of Equipment

 

The Company agrees to hire the Equipment to the Customer for the Term and the Customer agrees to take the Equipment on hire for the Term and pay the Hire Charge. The Hire Charge must be paid in full within 14 days from the date of the invoice. In the event of cancellation of the hire within 48 hours of the Term, the Company reserves the right to charge a cancellation fee equivalent to 50% of the Hire Charge.

 

  • Obligations of the Customer

 

In all cases of hire of the Equipment where the Customer has not yet paid the Purchase Price in full, the Customer must:

  1. advise the Company of the situation of the Equipment at all times;
  2. not take the Equipment out of Australia, without the prior written consent of the Company;
  3. not use or allow the Equipment to be used on any abnormal or hazardous assignment, transport or aircraft (including helicopters, light aircraft and regular scheduled flights by a recognised commercial airline) unless the Company has given its prior written consent;
  4. take all reasonable precautions for the safety and security of the Equipment and not use the Equipment where it could be affected by salt, water or climatic or atmospheric conditions;
  5. comply with all relevant laws and regulations when using the Equipment;
  6. return the Equipment to the Company by the expiry of the Term in good working order and condition, and inform the Company of any damage or defect arising during the Term or any incident that occurred during the Term likely to cause such defect or damage;
  7. not attempt to adjust or repair or interfere with the Equipment except where it is necessary for its proper and normal use; and
  8. ensure the Equipment is used in a skillful and proper manner by persons with the necessary experience and familiarity with that type of equipment.

 

  • Title

The Customer acknowledges that:

  1. the Company retains title to the Equipment and that the Customer has rights to possess the Equipment as a mere bailee only;
  2. the Customer does not have the right to pledge the Company’s credit in connection with the Equipment and agrees not to do so; and
  3. the Customer must not agree, attempt, offer or purport to sell, assign, subhire, lend, pledge, mortgage, let on hire, encumber or otherwise part with or attempt to part with the Equipment and must not conceal, alter or make any addition or alteration to, or repair of, the Equipment.
  4. In the event the Customer defaults in payment of any monies owing to the Company or any term hereof or any contract between the parties, or any credit account is terminated by the Company, or the Customer enters into liquidation, administration, has a receiver, receiver and manager or mortgagee in possession appointed, becomes insolvent the Company shall be entitled, at its election, to the immediate return of the Equipment and shall have the right to enter, and is hereby expressly authorised to enter, upon the premises of the Customer or any other premises at which the Equipment is stored to re-possess any of the Equipment supplied by the Company. In the event the permission of any third party is required for access to repossess the Equipment, the Customer shall obtain that permission at its own expense. Upon the repossession of the Equipment by the Company, the Company shall be entitled to re-sell the Equipment for the best price it can obtain in the short term. The Customer shall have no claim against the Company for any damages or other monies whatsoever if the Company repossesses or attempts to repossess the Equipment.

 

  • State of Equipment

The Customer acknowledges receipt of the Equipment in good working order and good condition. Although the Company uses a thorough checking system, the Company will not be responsible for incomplete kits, incorrect functioning or 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 or improperly packaged condition will attract a 10% surcharge at the discretion of the Company.

 

  • Risk and Insurance
  1. The Customer accepts responsibility for the care and safekeeping of the Equipment and is liable for any damage to or loss or destruction of the Equipment from any cause whatsoever (including the acts of omissions, whether negligent or not, of technicians) from the time the Equipment leaves the Company’s premises until the time the Equipment is returned to the Company.
  2. The Company will be entitled to demand and recover from the Customer any losses (including costs) incurred by the Company in respect of loss or damage to the Equipment, howsoever arising.
  3. the Customer agrees that the Equipment will be covered by the Customer’s insurance and the Customer agrees to pay any excess, premiums, repair costs or replacement costs on any damaged, stolen or lost Equipment.
  4. Notwithstanding any insurance cover in respect of the Equipment, the Customer remains liable under the provisions of this agreement and 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.
  5. Any loss of or damage to the Equipment must be immediately notified to the Company and 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.
  6. 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. In particular, the Company shall not be liable for the failure, under-performance or incompatibility of the Equipment resulting from the installation of non-authorised third party software and/or hardware installed subsequent to the Company installation unless otherwise approved and carried out by the Company.
  7. The Customer acknowledges that failure to comply with the conditions specified in this agreement for the proper use and handling of the Equipment will in most cases void the cover.
  8. The Customer acknowledges and 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 or premiums, plus an administration fee of AU$150.
  9. 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 governmental authority, ionizing radiations, nuclear radioactivity, mechanical breakdown, application of the wrong current, derangement, breakage of valves and filaments, climatic and atmospheric conditions, wear and tear, loss of magnetism, overheating, faulty projection or manipulation of Equipment, scratching and denting, theft from an unlocked vehicle, theft by an employee or agent, repairs, pressure waves caused by aircraft or other aerial devices, inappropriate uses and modes of transport of the Equipment and 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.

 

  • Exclusion of Warranties

 

  1. 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, and the Customer accepts the Equipment solely relying on its own knowledge and opinion of the Equipment.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

 

  • Termination

 

  1. If the Customer defaults in punctual payment of any amount due under this 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 and 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, and without prejudice to any of its rights, terminate this agreement.
  2. In the event of termination the Customer must immediately at its own risk and cost deliver up the Equipment to the Company PROVIDED HOWEVER that in the event that the Customer neglects and/or refuses to do so, it is agreed that the Company, its servants and agents may without prior notice and 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 and 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.

 

  • Authority

Where any person signs this 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.

 

  • Governing Law

 

This agreement will be governed by the laws applicably in Western Australia, Australia and both the Company and the Customer submit to the jurisdiction of the courts of that state and any courts competent to hear appeals from those courts.