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Terms And Conditions Of Hire

Equipment Hire

1. McLean Audio Services (Norwest ProductionsPty. Ltd. ACN 061 099 410 trading as) (hereinafter referred to as the owner) agrees to hire to the hirer the equipment set out in the schedule for the stated mutually agreed period, subject to the following terms and conditions.

2. The hirer agrees with the owner:

a. That the equipment remains the property of the owner.

b. Not to sell, charge, pledge or part with the equipment.

c. To keep the equipment at the address where it is first installed unless written permission for its removal is obtained from the owner.

d. To use the equipment in a careful and proper manner for the purpose it was intended and not repair, alter, interfere or tamper with it or let anyone else do so.

e. To be responsible for any damage to or loss of the equipment howsoever caused, whether by fire, water, impact, power surge, or any other mechanical or chemical process, theft, burglary, the hirer’s own act or omission or any other cause whatsoever as from the time the equipment leaves the owner’s premises or possession and whether the hirer has entered into possession of same or not and whether the same is in transit or in the possession of third party on the hirer’s behalf, which third party shall hereby be deemed to be acting as agent for the hirer and upon demand the hirer shall pay to the owner in the case of loss the replacement value, loss of use and the replacement costs of the equipment as determined by the owner or in the case of damage, such amount being the value plus loss of use costs in respect of the equipment whichever is the lesser amount. (The hirer’s attention is directed to the insurance option contained in these terms and conditions).

f. To notify the owner immediately any judgement or order is levied upon the hirer or the hirer’s property.

g. To permit or to procure permission for the owner, his agents or servants to enter the premises where the equipment is installed at all reasonable times on reasonable notice in order to inspect the equipment or carry out repairs.

h. Upon termination of this agreement to deliver up the equipment to the owner at the address where in accordance herewith it should be located and to permit or procure permission for the owner, his agents or servants to enter the premises where the equipment is installed at all reasonable times on reasonable notice in order to remove the equipment and generally to grant every facility for the owner to recover possession of the equipment.

i. To pay all hiring, transport and installation charges in advance or on demand.

j. That if the hirer fails to deliver up the equipment to the owner or to permit or procure the return of the equipment on termination of the hiring agreement the hirer will without prejudice to the owner’s other rights hereunder pay to the owner by way of agreed damages for breach of sub-clause h above an amount calculated from the date of the termination of the agreement equal to the hire charge under this agreement calculated on a daily basis at the owner’s rate effective at the time while the hirer retains the equipment and in any event pay a full days rental for any part of a day while the hirer so retains it.

3. The owner agrees with the hirer that so long as the hirer fulfils these conditions the owner shall service the equipment by maintaining it in good working order and condition provided that the owner shall not be responsible for any monetary or goodwill loss caused to the hirer by any failure of the equipment to perform satisfactorily due to mechanical or electrical malfunction or any other cause whatsoever. The owner may if he considers it necessary and for such length of time as it seems expedient replace the equipment where possible with another of similar type and model. The substitute equipment shall be subject to these conditions.

4. Termination of agreement by the owner: Notwithstanding that the equipment may have been installed the owner may at his sole discretion at any time without notice retake possession of the equipment without limiting the generality of this clause if the owner has formed the opinion that his interests in the equipment or under this agreement are or may be in jeopardy and terminate this agreement without prejudice to the owner’s right to require payment of hire charges due but subject thereto the hirer shall be entitled to a refund of any unexpired hire charges paid and the hirer will grant every facility for the owner to recover the equipment.

5. Breach or Default: If the hirer shall make default in payment of any sum payable under this agreement for seven days after the same shall come due or commit any breach of the provisions hereof then and in any such case the owner without prejudice to its rights to recover hiring charges overdue may without notice recover possession of the equipment.

6. Installation: If at the direction or request express or implied of the hirer in the installation of the equipment the owner affixes or fits it on or to any part of the premises owned or occupied by the hirer then the hirer consents to the owner making such alterations to the said premises as are necessary and if the hirer occupies the premises as a lessee, licensee or tenant then the hirer expressly warrants that at the time of signing this agreement he has obtained the consent of the landlord or licensor to the owner to make such alterations. The hirer acknowledges that it has sole responsibility to make any re-instatement to the premises in which the equipment is installed at the expiration or sooner determination of the hiring. The hirer further acknowledges that the equipment shall not be or become a fixture to the premises in which it is installed.

7. Commercial Installations (Hotels, Clubs, Exhibition Halls, Commercial Premises): Where the hire period exceeds seven days the hirer will keep the equipment insured to its full insurable value in the joint names of the owner and the hirer against all risks at the expense of the hirer and will forward a true copy of the policy to the owner within seven days of the installation of the equipment. Such insurance will in no way diminish the hirer’s liability under clause 2. e. of this agreement. (See Insurance option).

8. Personal Injury and Death: From the time when the equipment shall be received by the hirer from the owner or shall leave the premises of the owner for delivery to the hirer or shall be in transit or shall come into the care or control of the hirer or his employees or agents and until the equipment shall be actually received back by the owner at this premises the hirer shall be responsible for any injuries or death to any persons or any damage caused by the said equipment or any of it or any part or parts thereof no matter how or by whom such injuries, death or damage shall be caused, or caused by any fault or defect electrical or mechanical or otherwise in said equipment or any of it or any parts thereof whether latent or not and the hirer will keep the owner indemnified against any claims of any kind whatsoever and howsoever arising in connection with any such injuries or death and any such damage for which the hirer shall be responsible as hereinbefore in this clause set out.

9. The hirer authorises any person taking possession of equipment at the owner’s premises or elsewhere from the owner for transport of such equipment to the hirer or for transport of such equipment as the hirer shall direct, to act as the hirer’s agent and accordingly such persons signature on all documents as required by the owner, shall constitute an acceptance of those documents and terms and conditions by the hirer and the hirer undertakes to be bound by all such documents and terms and conditions signed by any person taking possession of equipment on his behalf, and in particular without limiting the generality hereof, the hirer authorises any carrier or courier or any other personal collecting equipment on the hirer’s behalf to execute on the hirer’s behalf all documents required by the owner to be executed by the hirer prior to delivery of equipment to the hirer or his agent, whether such person be an employee or agent or independent contractor authorised to collect equipment on the hirer’s behalf.

Warning:

Misuse of this equipment is dangerous. Persons using this equipment do so at their own risk. The hirer shall be responsible for any loss or damage occasioned by the use of the equipment. Reference should be made to the standard terms and conditions of hire set out on the back of the Hire Agreement.

REMINDER: 

THE EQUIPMENT HIRED AS SIGNED FOR IN THE HIRE AGREEMENT OF THIS DOCUMENT IS NOT COVERED BY INSURANCE AGAINST FIRE, THEFT, BURGLARY OR ACCIDENTAL DAMAGE AND AS SUCH THE RESPONSIBILITY FOR LOSS OR DAMAGE OF THE EQUIPMENT LIES WITH THE HIRER. (SEE CLAUSE 2. e. AND/OR 7 ABOVE).

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