Terms & Conditions
PRO SOUND & LIGHTING / TERMS AND CONDITIONS OF HIRE AND SALES
This Hire Agreement is between Pro Sound & Lighting as indicated on the reverse side here of (Pro Sound & Lighting) of the one part and the person whose details appear on the reverse side hereof (the Hirer) of the other part. The Equipment is defined as all that equipment and all accessories as detailed on the front hereof, and any or all equipment supplied to the Hirer by Pro Sound & Lighting. This agreement is hereafter referred to as the Agreement. 1. Should this Agreement fall under the definition of supply of service in the Trade Practices Act, 1974 (the Act) then the Act allows Pro Sound & Lighting to limit its liability for a breach of condition or warranty implied by the Act. Pro Sound & Lighting liability for such a breach is limited to the supplying of the service again or the payment of the cost of supplying the service again. 2. (a) Certain legislation (including the Act as amended) has the same effect as giving the Hirer certain rights which cannot be excluded, restricted or modified by Agreement. The provisions in this Agreement must therefore be read having regard to such legislation to the extent that it may be applicable and nothing in this Agreement shall have the effect of excluding, restricting or modifying such rights. (b) Subject to the rights so conferred on the Hirer and the restriction posed upon Pro Sound & Lighting (to the extent that such rights and restrictions may be applicable as set out in paragraph 2 (a): (i) Representations and Agreements not expressly contained herein or incorporated herein by reference shall not be binding upon Pro Sound & Lighting as conditions, warranties or otherwise; (ii) All conditions, warranties and representation on the part of Pro Sound & Lighting whether expressed or implied statutory or otherwise, whether collateral or antecedent hereto or otherwise are hereby expressly excluded; (iii) This Agreement constitutes the whole of the Agreement and understanding between the parties with respect to the subject matter hereof and all additions and modifications to the conditions of this Agreement shall be in writing and shall be signed by both parties; (iv) Pro Sound & Lighting shall be under no liability to the Hirer for any loss whatsoever (including but not limited to loss of profits and consequential loss) or damage to persons or property or death or injury caused by any Act or omission by Pro Sound & Lighting, its servants or agents or any other person in any way related to or arising out of the supply or non-supply of performance or non-performance of anything or any service provided for or contemplated by or in pursuance of this Agreement (including negligent Acts or omissions).
THE EQUIPMENT: The Hirer agrees:- (a) To use the Equipment at all times in a skilful and proper manner and shall, at his own expense, service, clean and maintain the Equipment in good and substantial repair and condition, reasonable wear and tear excepted. (b) To carefully check the Equipment and notify Pro Sound & Lighting within 24 hours from the time and date of collection noted on the reverse side hereof of any shortages or malfunction. (c) To be responsible for all loss or damage to the Equipment (less fair wear and tear as determined by Pro Sound & Lighting), howsoever caused, from the time the Equipment leaves Pro Sound & Lighting until it is returned and signed for by a representative of Pro Sound & Lighting. and without limiting the generality hereof (d) To replace or pay for replacement of all loudspeaker cones, horn diaphragms, or microphone inserts or diaphragms that are damaged or fail during the hire period that Pro Sound & Lighting have judged to have failed due to misuse or over driving, or have failed and are not covered by manufacturer’s warranty, as determined by Pro Sound & Lighting. (e) To return all leads neatly rolled as determined by Pro Sound & Lighting with any tape or dirt removed or pay to Pro Sound & Lighting a rerolling and/or cleaning charge of $2.00 per lead. (f) To indemnify Pro Sound & Lighting and keep it indemnified against any claims or Actions whatsoever and howsoever made in respect to the Equipment, the use thereof, failure or non performance of the Equipment. (g) Pro Sound & Lighting will supply lamps and styli in all Equipment in working order. The Hirer undertakes to replace or pay the retail cost of lamps and styli in the Equipment that fail after the first seven days of hire. These lamps and styli shall be of the same type as those that fail or as determined by Pro Sound & Lighting are of a similar type. The Hirer undertakes to pay half of the retail cost of any lamps or and the full retail cost of any styli that fail within the first seven (7) days of any hire. (h) The Hirer shall not paint, deface, mark or remove any markings on the Equipment, or obscure Pro Sound & Lighting markings or signs or labels on the Equipment. Any such marking or removal shall attract a charge of $50 per item plus the cost to return the item to its original condition. (i) Not to part with possession of the Equipment and not to sublet, pledge or reassign the Equipment to any other party without the written consent of Pro Sound & Lighting. (j) The Hirer agrees that prior to accepting the Equipment they have satisfied themselves as to the condition and state of repair, and suitability for the purpose for which they intend to use the Equipment. All specification, brands, styles, models and rates are subject to change without notice. (k) Not to affix the Equipment or any part thereof to any building or other property. (l) To use the Equipment only in the State in which the Equipment was hired and not to move nor permit any other person(s) to move the Equipment out of the state in which it was hired without the written consent of Pro Sound & Lighting.
CHARGES: A minimum of $50.00 (fifty dollars) security bond is to be paid by the Hirer and is payable before the Hirer takes possession of the Equipment. The bond may be applied to the cost of replacement of or repair to the Equipment and any shortfall shall be recoverable from the Hirer as liquidated damages and the parties agree to rely upon this Agreement in the event of any proceedings. A service charge of $10.00 (ten dollars) applies to hires where the total hire charge is less than $30.00 (thirty dollars). Pro Sound & Lighting is authorised to account to itself from the bond for the replacement cost of any Equipment not returned by the Hirer within 7 days from the due date for return and Pro Sound & Lighting shall not be held responsible in any way for the amount so accounted or be required to account for such amount to the Hirer after that return date has expired. The Hirer further agrees: (a) To pay promptly and without retention, all charges for hire of Equipment including government stamp duty and supply of services, all charges for damage to Equipment as determined by Pro Sound & Lighting, and any late return charge as determined by Pro Sound & Lighting and to make payments on time or upon oral and/or written demand by Pro Sound & Lighting or its servants. (b) That where the Hirer assigns the charges payable on this Agreement to another party or organisation and that organisation or party fails to pay all or part of the charges payable on this Agreement within three (3) days of demand the Hirer will accept responsibility for the payments. (c) Where the Hire Charges are determined at discount rates at less than full scheduled daily rates as published by Pro Sound & Lighting and the Pro Sound & Lighting Hire period is less than the hire period that qualifies for those discounted rates, then the Hirer accepts that the difference between any discounted rates charged hereon and full published scheduled rates shall be due and payable to Pro Sound & Lighting on demand. (d) To return the Equipment to Pro Sound & Lighting on the return date, no later than the return time as shown on the front hereof, or if not shown, no later than 10am the next day excluding Sundays. If the Equipment is returned later than the time shown or 10am the Hirer will pay an extra days hire charge for that day and an extra days hire charge for each 24 hours after the due return date. (e) If no return time and date is stipulated in this Agreement the Equipment shall be returnable within 24 hours of demand (whether verbal or written) being made by Pro Sound & Lighting upon the Hirer. (f) To pay to Pro Sound & Lighting an accounting charge for any money outstanding under this Agreement. This accounting charge shall be equal to 1.5% of the amount outstanding for each week that a payment is outstanding. (g) To be wholly personally responsible for the conduct and performance of this Agreement and payment of all monies (or charges) due to Pro Sound & Lighting under the terms of this Agreement, and the Hirer accepts that where the charges and monies due under this Agreement are invoiced for payment to another party, then the Hirer shall be ultimately personally responsible for final payment of such monies to Pro Sound & Lighting in the event the party to which the charges have been invoiced fails to pay any or all of such charges by way of default or otherwise. In signing this Agreement the Hirer is guaranteeing his/her performance for payment in full to Pro Sound & Lighting for payment of all monies owing to it under this Agreement. (h) To peacefully allow Pro Sound & Lighting or any of its agents to enter any premises they believe the Equipment is in or being used in and inspect or repossess the Equipment should a condition hereon be breached or if Pro Sound & Lighting has demanded return of the Equipment, and not bring any claim or Action against Pro Sound & Lighting as a result of repossessing the Equipment. (i) If the Equipment is to be returned to Pro Sound & Lighting by a company or persons other than the Hirer then the bond balance may be released to that person and that person’s receipt for same shall be a full and final discharge of Light sounds for repaying the bond. (j) To pay for the full replacement costs and/or additional hire charges if the Equipment is confiscated by but not limited to customs or government bodies. (k) Pay Pro Sound & Lighting for any costs incurred by the removal of the Equipment or the re-delivery of the Equipment to Pro Sound & Lighting or its agents premises. (l) Not to bring or maintain or be party to or assert any action, counter claim or set off at law or in equity or at variance from or inconsistent with any of these conditions. (m) that the Hirers charges due to Pro Sound & Lighting pursuant to this Agreement are not waived, and agrees to be held personally liable in the event that the indicated person, company or association fails to pay for any part of the full amount of these charges. The Hirer authorises Pro Sound & Lighting to charge the Hirers charge card for all charges payable under this Agreement including any shortfall or ongoing charges for which the Hirer is liable.
USE OF EQUIPMENT: Pro Sound & Lighting grants to the Hirer the right to use the Equipment for a period of up to 6 (six) hours with each day of hire charged. If the Hirer intends to use the Equipment for a period greater than 6 hours within any day of hire charged then the Hirer agrees to pay Pro Sound & Lighting a proportionally greater amount for each days hire as determined by Pro Sound & Lighting. 6. SERVICE: Pro Sound & Lighting agrees to service or replace any Equipment that develops a fault during the hire period and is returned to the premises of Pro Sound & Lighting by the Hirer during normal trading hours. If faulty Equipment cannot be repaired or replaced quickly during the hire period Pro Sound & Lighting undertakes to credit the Hirers account for a proportion of the hire charges, on the basis of the number of the hours the Equipment has been used having regard to clause 5 of this Agreement. The Hirer agrees to pay Pro Sound & Lighting a call out fee if the Hirer or any servant of the Hirer requests Pro Sound & Lighting to provide service to the Equipment outside of normal working hours or at a location other than the premises of Pro Sound & Lighting. After hours and/or onsite service are services offered by Pro Sound & Lighting separate to the hire of the Equipment and as such there is no undertaking of Pro Sound & Lighting to provide onsite or after hours service to the Hirer and there is no guarantee given or implied that an afterhours or onsite service will be available to the Hirer. The charges invoiced on the front of this form are for the hire of Equipment only without any after hours or onsite service being offered by Pro Sound & Lighting.
LOSS OR DAMAGE: The Hirer should make their own insurance arrangements. The Hirer is responsible for all loss, damage or injury suffered to any person or property, howsoever caused, and to all loss or damage to the Equipment, from the time the Equipment leaves Pro Sound & Lighting premises, until it is returned and accepted by Pro Sound & Lighting. The Hirer is advised to obtain public risk insurance and insurance to cover loss, damage or injury to the Equipment and all persons and property. The bond or part thereof shall be returned to the Hirer only after the Equipment has been checked and accepted by Pro Sound & Lighting – no correspondence shall be entered into. The Hirer assumes full responsibility for all loss or damage to the Equipment including but not limited to: (i) Loss and/or damage occasioned by theft or misappropriation by the Hirer and/or but not limited to his/her employees, servants, agents and drivers; (ii) Loss and/or damage by confiscation or detention by Customs officials or other authorities; (iii) Loss and/or damage arising from wear and tear, gradual deterioration, moth, vermin, woodworm or from any process of cleaning, repairing, dyeing or restoring Equipment; (iv) Loss and /or damage arising from electrical mechanical derangement; (v) Breakage of transistors and other components in electronic Equipment; (vi) Any consequential loss and /or consequential damage; (vii) Loss and/or damage caused by climatic and/or atmospheric conditions and/or extremes of temperature; (ix) Loss and/or damage caused by theft or vandalism from locked and/or unlocked premises or motor vehicles ; (x) Loss and/or damage to the Equipment occasioned through Transportation of the Equipment by persons other than the Hirer; (xi) Loss and/or damage to the Equipment due to any method of transportation used in either delivering the Equipment to the Hirer or in the returning of the Equipment to the premises of Pro Sound & Lighting including but not limited to couriers; (xii) Loss and/or damage to the Equipment occasioned through the use of, but not limited to, portable power supplies, generators or any power source. 8. TERMINATION: Upon default by the Hirer for any reason Pro Sound & Lighting may terminate this Agreement and demand the return of the Equipment at any time by giving written notice of the termination to the Hirer or any person on the premises where the Equipment is kept or is being used. DELIVERY, PICK UP AND OPERATOR: Delivery, installation, operation, onsite service, pull down and collection charges are all costed separately to equipment hire rates and such charges are quoted on the basis of free, unhindered access at any time suitable to Pro Sound & Lighting and it is the Hirers responsibility to ensure that the Pro Sound & Lighting personnel and vehicles has a clear path to the delivery site. Where Pro Sound & Lighting agrees to delivery and/or collect the Equipment at a nominated address, the Hirer agrees to reimburse Pro Sound & Lighting at a minimum pro rata charge of $40 per hour for any additional costs that Pro Sound & Lighting incurs should the Pro Sound & Lighting driver(s) and/or operators be unable to complete the delivery or collection of the Equipment for any reason whatsoever within fifteen minutes from their arrival to the nominated address.
IDENTIFICATION: All hirers must be over the age of 18 years. Some types of equipment will not be hired to persons under the age of 24 years. All Hirers are required to provide three (3) forms of identification including:- 1. A current NSW picture Drivers Licence or Equivalent NSW Photo ID, as determined by Pro Sound & Lighting; 2. Current Passport or signed Bank issued Credit Card or ATM card; 3. Telephone, Electricity, Bank Statement or equivalent as determined by Pro Sound & Lighting which verify the Hirers full name and current NSW address. Required identification must be provided when collecting the equipment or receiving a delivery. Pro Sound & Lighting reserves the right to request additional identification or information and a third party reference. Pro Sound & Lighting will not hire equipment to any person who fails to provide required identification. 11. Pro Sound & Lighting reserves the right to refuse to hire its equipment to any person or entity without showing cause.
CANCELLATION: Unless otherwise agreed bookings cancelled within 10 (ten) days from the booking date incur a cancellation fee equal to 10% of the hire charge for each day that the notice of cancellation or postponement is less than 10 days prior to the booking date. Cancellations must be notified in writing. The total hire charge is payable before the Hirer takes possession of the Equipment. All payments received may be applied to any applicable cancellation charges and any shortfall shall be recoverable from the Hirer as liquidated damages.
SECURED BOOKINGS: Bookings are secured by paying the hire fee in advance of the booking date. The hire fee is fully refundable in the event Pro Sound & Lighting is unable to supply equipment as ordered. Bookings secured by advance payment have priority over unsecured bookings. A booking without payment of the hire fee is unsecured and is not binding on Pro Sound & Lighting. Bookings made and paid for 10 days in advance attract a 10% discount. Discounts do not apply to bookings in December or unless otherwise agreed for hiring periods exceeding 24 hours.
COPYRIGHT: The Hirer agrees to indemnify Pro Sound & Lighting against any claims or charges in relation to the use of copyright material. 15. Failure of Pro Sound & Lighting to insist on strict performance by the Hirer of any condition of this Agreement is in no way deemed to be acceptance of that breach or any other breach of the conditions of this Agreement. 16. If any of the terms of this Agreement is or becomes for any reason wholly or partly invalid, that condition shall to the extent of the invalidity be severed without prejudice to the continuing force of the validity of the remaining conditions. 17. These terms and conditions shall be governed by and construed to take effect in accordance with the laws of New South Wales. 18. Unless the context of subject matter otherwise indicates words importing the singular shall be deemed to include the plural and vice versa. 19. Where the Hirer is a corporation the words he, his and she shall be deemed to be it. 20. The masculine gender shall include the feminine gender and vice versa. 21. It is agreed that clause headings have been inserted merely for convenience and nothing in such headings shall affect in any way the interpretation or construction of this Agreement.
SALES & PURCHASES: All goods shall remain the property of Pro Sound & Lighting as legal and equitable owner until payment in full of all moneys due in respect of the goods by customers to Pro Sound & Lighting. This invoice is subject to 1.8% + GST a/c keeping fee per month if not paid by due date. All Invoice Disputes must be reported within 10 days of invoice date