SHORT TERM HIRE AGREEMENT
1. Expectations of the Hirer
a) Your hire of goods from Halogen DJ Company A.B.N. 31 905 594 410 (hereby referred to as “The Firm” or “Us” in this document), is subject to these Terms and Conditions of Hire. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
b) This contract is subject to change without notification to the hirer (referring to the person taking delivery of the goods). We reserve the right the alter this contract at any time, E & OE.
c) The hirer agrees to hire the equipment from the firm for the agreed hire period and to pay the total additional fees and to observe the terms and conditions contained in this agreement.
d) The hirer shall not permit any persons to use the equipment other than himself – e.g.: family, friends, staff members and or other persons, or not sublease all or any part of the Equipment without the express written permission from the firm.
e) The hirer shall not allow the equipment to be affixed to any premises and shall deal with the equipment in such a manner as to protect the title of the firm to the equipment.
f) The equipment shall remain the property of the firm and is provided to the hirer solely on a hire basis.
g) The hirer shall not use the equipment for any outdoor performances without first obtaining written consent from the firm.
h) The hirer agrees to allow the firm to have full access to the equipment at any time, having given reasonable notice to the hirer
i) It is up to the hirer to ask any relevant questions on the working instructions of the equipment, if not it shall be conclusively presumed as between the firm and the hirer that the hirer has full knowledge on how to use the equipment.
j) Upon request, the hirer may check all equipment before entering into the hire
Where the supply of services includes equipment hire during the continuance of the term and conditions the hirer shall have responsibility for ensuring:
k) That the necessary performing rights licenses and the likes are in place, and for ensuring the safety and security of the equipment.
l) Suitable location for setting up the equipment and an adequate power supply.
m) Adherence to all health and safety regulations, fire controls and first aid obligations that any other equipment provided by the hirer and utilized with the equipment provided is up to the required standard for so utilizing.
During the continuance of the agreement for hire of equipment the hirer shall:
n) Keep the equipment at the location specified in the terms and conditions and in its own possession and not remove the equipment from the agreed location without the prior written consent from the firm.
o) Not part with possession of the equipment or any part thereof at any time during the period of hire without the written consent of the firm.
p) Take all necessary steps to ensure that the equipment will be safe and without risk to health and safety when properly used. By providing appropriate verbal and written warning where pyrotechnics and / or strobe lighting is to be used.
q) Preserve on the equipment the firm and any manufacturer’s identification number or mark or any nameplate that is or should be upon the equipment.
r) Not to make any alterations, modifications, additions or technical adjustments to or, attempt any repairs to the equipment without the prior written consent of the firm and the hirer acknowledges that any items or non-expendable material not returned to the firm will be charged to the hirer.
s) Use the equipment for its intended purpose.
2. Charges Payable and Additional Fees: Deposit:
a) The firm may request a cash deposit payable by the hirer at the time of acceptance by the hirer of the quotation or at the time when any order is accepted by the firm. Without prejudice to any other rights or remedies available to the firm against the hirer, the firm shall be entitled to retain such deposit. This and any other payments made prior to hire (part or full) are non-refundable.
The firm reserves the right by giving notice to the hirer at any time before pick-up, to increase the hire charges or charges for the services to reflect any increase in the cost to the firm arising from:
b) Any change in the pick-up time or time upon which the equipment is required by the hirer.
c) Any delay caused by other instructions of the hirer.
d) Failure of the hirer to give adequate information, notice, instructions or, if relevant access.
Additional fees payable under this agreement shall be calculated as follows:
e) For late return of equipment, a daily penalty shall be payable for each day that the equipment is not returned. This is equal to the cost of a full day(s) hire for each day the equipment is not returned, with an added penalty decided upon by The Firm. This can be taken out of the bond or the specified Credit Card.
f) For returns or pick ups conducted outside of our office hours, a penalty shall be payable for each 30 minutes, proportionate to the cost of hire. This can be taken out of the bond or the specified Credit Card.
g) A Sum equal to the manufacturer’s retail price of any part of the equipment lost or stolen whilst under the care or control of the hirer. This can be taken out of the bond or the specified Credit Card.
h) The cost of repairs to the equipment for which the hirer is liable under this Agreement. This can be taken out of the bond or the specified Credit Card.
i) The expenses of the firm, legal or otherwise, occasioned by the hirer’s breach of this Agreement. This can be taken out of the bond or the specified Credit Card.
3. Pick Up & Delivery:
a) If the hirer requests the firm to deliver the hired equipment, the firm requires a 3 hour time period for pickup and delivery. The firm is not obligated to wait more than 15 minutes upon time of arrival at the specified location. If the firm needs to wait more than 15 minutes there will be additional fees, proportionate to the time spent waiting, decided upon by The Firm.
b) All delivery payments (both for equipment and delivery/pick up services) must be made in full before the date of delivery.
4. Return of the Equipment:
a) The hirer agrees to return the equipment to the premises of the firm between the times stated on the Hire Application Form or otherwise as agreed in writing.
b) Where pick up times have been arranged the firm makes no guarantee to wait beyond 15 minutes after the designated time.
c) In the event of a late return of the equipment additional fee will apply (Refer to SECTION 2 (e)
d) In addition to the daily penalty described in (SECTION 2 (e) above, the hirer agrees to be responsible for any loss suffered by the firm as a result of the equipment not being returned at the end of the hire period.
a) The firm checks all equipment immediately prior to it being hired out.
b) The hirer understands that our equipment is second hand equipment, and is not always in as new condition
c) The hirer shall immediately notify the firm of any defects in the equipment hired, failing such notification, it shall be conclusively presumed as between the firm and the hirer that the equipment has been received in good condition and is in every way satisfactory for the hirer’s purposes.
d) It does not give any warranty as to the quality of the equipment nor as to its fitness for the purposes of the hirer, the firm does not warrant the equipment corresponds with any description given verbally.
e) The firm is not liable for any problems arising from the use of faulty third party equipment, supplied by the hirer or otherwise.
a) In the event that the hirer cancels the agreement, 50% of the total fee will be charged to the hirer’s specified credit card as cancellation fee. This is effective as of the placing of the order and/or hire with no exceptions.
b) All prior payments, whether they be deposits or full payments are non-refundable
7. Maintenance, Loss or Damage to Equipment:
a) The firm shall be liable for fair wear and tear on the equipment.
b) The hirer shall be responsible for the costs incurred in making good any loss or damage to the equipment whatsoever, costs incurred at recommended retail price less any discounts available, without deduction for depreciation.
c) The hirer shall be liable for accidental or malicious damage caused to the equipment by the public, including theft, fire, water, any unforeseen act of God, or by unduly rough or negligent or malicious handling of the equipment by any persons. Any faults in the vehicles transporting the equipment or by any faults at the venues at which the equipment is being used.
d) In the event of any audio, lighting, visual equipment e.g. microphone, amplifier, lighting, speakers, leads etcetera, being returned not in the same condition as they went out, or in proper working order, the hirer shall be liable for the repair or replacement. All costs incurred by the hirer for loss or damage to equipment can be taken out of the bond or specified Credit Card. If this fails, you will be invoiced with a 14 day gestation period.. If the invoice is not paid by the hirer in full by the due date, there will be a daily charge of the hire amount until all charges are paid.
e) The hirer must contact the firm as soon as possible informing of any loss, damage or claim relating to the equipment. If any equipment hired is stolen the hirer must notify the firm ASAP, as well as making an official report to the nearest police station.
f) All maintenance and repairs to the equipment shall be undertaken by the firm provided that (where relevant) the hirer at their expense returns the equipment or any part thereof to the firm’s premises for inspection and provided further that such of the equipment or any part thereof is accepted by the firm as defective.
g) All equipment returned to the firm following a period of hire shall be fully inspected and all costs incurred by the firm in reconditioning the equipment (fair wear and tear excluded) shall be met by the hirer.
h) Due to the fragile nature of lamps, we do not refund for blown lamps.
8. Repossession: The firm may take repossession of equipment if:
a) The hirer is in breach of any term or condition within this agreement and if any equipment is damaged in any way
b) The firm may enter upon any premises where the equipment is located and take immediate possession of all equipment, all without court order or other process of law and all without any liability but without prejudice to all rights or remedies available to the firm in respect of the non-payment or any other breach of the agreement by the hirer.
9. Consequential Loss:
In respect of the hire of equipment or their use by the hirer, the firm shall in no circumstances be liable to the hirer for consequential loss of any nature whatsoever (and whether caused by the negligence of the firm, its employees or agents or otherwise) whether for loss of profit, loss of business or otherwise.
10. Liability: The hirer shall be liable for the hire equipment under this agreement and indemnify the firm for:
a) Any loss or damage to the equipment whilst it is on hire to the hirer, whether caused by the hirer or the hirers customers being in default of its obligations pursuant or otherwise.
b) Any loss incurred due to the late return of equipment.
c) Any injury caused to or death of the hirer caused by the equipment whilst on hire to the hirer (other than death or injury resulting from the negligence of the firm), and any claim raised by any third party against the firm in respect of damage to property.
d) Injury or death caused to such third party by the equipment whilst on hire to the hirer, and the value of any equipment seized or forfeited pursuant to an offence under the Act and any loss or profit sustained as a consequence of such forfeiture or seizure.
e) Where any valid claim in respect of any equipment on hire which is based on any defect of the quality or condition of the equipment is notified to the firm in accordance with this agreement, the firm shall be entitled to replace the equipment on hire (or the part in question) free of charge or at the firm’s sole discretion, refund the hirer the hire cost of the equipment (or a proportionate part of the cost, decided upon by The Firm) but it shall have no further liability to the hirer.
f) Any disputes are to remain private between yourself and the firm, and signed documentation stating that you adhere to this is to be signed before any refunds can be given
g) Should you breach this contract by publicly renouncing the firm on any third party public forum, online, verbal, printed etcetera, the firm retains the right to refuse refund.
h) The firm shall not be liable to the hirer or be in breach of the agreement by reason of any delay in performing, or any failure to perform, any of the firm’s obligations in relation to the equipment or the services if the delay or failure was due to any cause beyond the firm’s reasonable control.
a) Any disputes are to remain private between yourself and the firm
b) Should you breach this contract by publicly renouncing the firm on any third party public forum, online etcetera, the firm retains the right to refuse any agreed upon refunds and/or service
12. Firms Representations:
The firm shall not be liable whatsoever for any direct, consequential, incidental, special or punitive damages arising in any way whatsoever out of this Agreement.
13. Termination & Breach of Contract
If the hirer shall make default in payment, or commit any other breach of the contract or if any arrestment, charge or other legal process shall be levied upon the hirer’s property or assets, or if the hirer shall make or offer to make any arrangement or composition with creditors or become apparently insolvent or commit any act of bankruptcy, or if any petition of bankruptcy shall be presented or made against him, or if the hirer is a limited company, a resolution or petition to wind up such company (other than for the purposes of amalgamation or reconstruction shall be passed or presented, or if a liquidator or receiver or administrator of such company’s undertaking, property, assets or any part thereof shall be appointed, the firm shall have the right to immediately terminate the contract and to declare all sums due and to become due under the contract either for the full term of the hire period as the case may be immediately due and payable. Failure of due and payable amount will incur a daily charge until payment has cleared.
14. Laws of Victoria
a) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
b) If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Firm makes no representations that the content of the website complies with the laws of any country outside Australia.
c) If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and The Firm.
d) The failure by The Firm to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The Firm.