Graftons' Conditions of Hire
In these conditions of hire and on the front hereof this Agreement, unless the context otherwise indicates the singular includes the plural and vice versa, and:-
“The Hirer” means the person on the front hereof as Hirer, who is the person signing this hire Agreement, or as an agent of the Hirer.
“The Company” means Graftons Sound & Lighting Pty Ltd or any of it’s subsidiaries whose registered office is located at Unit 6/890 Bourke Street Waterloo, New South Wales.
“The Equipment” means all Equipment referred to on the front hereof, and any Equipment owned or supplied by the Company to the Hirer.
The Hirer undertakes:
- To carefully check the Equipment and notify the Company within 24 hours of the start of the hire period of any shortages or malfunction.
To maintain the Equipment throughout the period of hire, and return the Equipment to the Company in the same condition it was supplied in. (less fair wear and tear as determined by the Company).
Not to part with possession of the Equipment and not to sublet, reassign, or pledge the Equipment to any other person or party without written permission of the Company.
To pay promptly and without retention, all charges for the Hire of the Equipment, all charges for damage or loss to the Equipment as determined by the Company and any charges for late return, and to make payments on time or upon oral demand of the Company.
To peacefully permit the Company or any or it’s agents to enter any premises the Company believes the Equipment to be in or being used in and to inspect or re-posses the Equipment should any condition herein be breached, or if the Company has demanded return of the Equipment.
Not to bring any claim or action against the Company as a result of the Company re-possessing the Equipment in the event of the Hirer breaching any conditions shown here in.
The Hirer agrees not to bring any claim or action whatsoever against the Company in relation to this Agreement or the Equipment.
The Hirer accepts full responsibility for any loss or damage to the Equipment whatsoever caused, from the time the Equipment leaves the Company’s premises or care. Such being the life of this Agreement as determined by the time as noted on the front hereof from the start of the hire period until all the Equipment is returned to the Company’s premises or care and duly noted as returned by an agent or an officer of the Company.
In the event of loss or damage, the Hirer shall pay the Company upon the demand the Company’s cost of replacing or repairing any item damaged or lost, such cost to be determined by the Company.
In the event the Hirer offers the Company an alternative or a substitute item as replacement the Company shall determine suitability of the offered item prior to accepting same and the Company reserves the right of refusal or any substitute item offered which in the opinion of the Company is not to the same standard or condition of the item lost damaged or being replaced.
If there is loss or damage caused to any individual or property whilst the Company Equipment is in the Hirers control, the Hirer shall be liable and shall comply with the following:
Where loss is due to theft from locked premises or a locked vehicle, by means of forced entry, or where damage or loss is caused as a result of fire, or collision of a vehicle, such event or the matter is to be immediately reported to the Police and a copy of the Police report is to be submitted to the Company.
The Hirer acknowledges that the Hirer should obtain Public Risk insurance to cover loss or damage to the person or property whilst the Equipment is on hire.
Where the Hirer assigns the charges payable to a third party or another person or organisation and where the charges are not paid to the Company in full within 30 days of demand, then the Hirer shall be liable to pay the Company the full balance due.
Where the hire charges are established at a lower rate than the Company’s published rate, or where a long term rate is applied and where the period is shortened or terminated by the Hirer early, the hire charges may, at the option of the Company, be recalculated by the Company and the Hirer will be liable to pay the Company the difference between the original rate and the rate for the shorter period as determined by the Company.
The security deposit as noted on the front hereof, shall be returned to the Hirer in full on return of all the Equipment in the same working order as it was initially hired. Should any damages or losses be incurred by the Hirer during this hire period, any costs will be deducted from the security deposit with the balance returned to the Hirer. Costs exceeding the security deposit will be paid in full by the Hirer, on demand by the Company.
The Hirer shall be liable for any failure of loudspeaker, horn diaphragms and microphone inserts caused in the opinion of the Company, by misuse, over powering or feedback. The Hirer shall either replace the item or shall pay the trade price as determined by the Company.
The Hirer will pay for any styli or slip mat that is damaged, stolen or swapped whilst in their care.
The Hirer will pay for any lamps that fail in the Equipment on the 8th day of hire or beyond that day and during the first 7 days of the hire, the Hirer shall pay 50% of the trade price as determined by the Company. All blown and spare lamps are to be returned to the Company for inspection. Where the hire is of long term the Hirer accepts full responsibility for replacement and maintenance of all lamps.
The Hirer shall return all leads and cables rolled neatly in a proper manner as determined by the Company, or pay a re-rolling fee of $2.00 inc GST per lead for any leads or cables not returned in a satisfactory state as determined by the Company.
The Hirer shall return all Equipment to the Company no later than 12 Midday (EST) on the due date of return, returns later than 12 Midday (EST) shall be construed as an additional days hire, with a return later than 3pm being construed as a second extra day of hire. Such additional hire charges will be imposed until every item of Equipment has been duly returned to the care of the Company.
The Company has the right to refuse hire to any individual that it chooses for any reason.
If the Equipment is used either inside or outside, it is the sole responsibility of the Hirer to ensure that any Equipment is held securely by means of dedicated security personnel and or lock and key. A safe secure environment should also be provided for any of the Company’s officers or agents whilst either operating, delivering or removing the Equipment. Where if necessary security/crowd control personnel and safety equipment is to be provided and measures are to be employed to ensure the correct safe environment.
The Hirer agrees to pay the Company an accounting charge in relation to any monies or charges unpaid 30 days after the Company serves notice in writing that those charges are due. Such accounting fee to equal 2% of the amount outstanding as at the last day of each month thereafter.
The Hirer will on or before commencement of the hire pay the Company:-
- The hire fee.
- The deposit (If required).
- The security deposit (If required).
- Stamp Duties in respect to this Agreement and the hiring.
- Goods & Services Tax (GST).
Forthwith upon request from the Company, pay the Company the following charges:
- The replacement costs of the Equipment shall be noted as the trade price as denoted by the Company’s suppliers and the necessary GST that may be applied.
- Any charges that may be incurred (Such as parking costs and parking fines, if a suitable loading dock is not provided) by the Company whilst delivering or collecting the Equipment.
- All costs incurred in cleaning the Equipment, if the cleanliness of the Equipment is not the same cleanliness as the Company originally supplied it.
- All costs incurred by the Company in delivering and recovering possession of the Equipment. As per clause 5.
- The Hirer will satisfy itself at the commencement of this Agreement that that the Equipment is suitable for its purposes.
The Hirer will satisfy itself at the commencement of this Agreement that that the Equipment is suitable for its purposes.
- Operate the Equipment only for it’s intended use and safely and strictly in accordance with the laws and any manufacturers instructions, that may be supplied by the Company, posted on the Equipment or noted herewith.
- Comply with all Occupational Health & Safety laws relating to the Equipment and it’s operation.
- The Equipment is secured safely upon or loading in/out of the Hirers vehicle.
- Operate the Equipment with the correct power source.
- The Hirer must ensure that the venue or the environment in which the Equipment is be operated and the Company’s officers or agents whilst either operating, delivering or removing the Equipment, is covered by a current public liability insurance policy.
- The Hirer will not tamper with or repair the Equipment, unless they can prove that they have been professionally trained or are employed within the field of production or electronics.
- The Hirer must comply thoroughly with all laws regarding noise pollution and must adhere strictly to any directions given by the state police, Environmental Protection Authority or any federal or state government office. If for whatever reason the Equipment is confiscated, the Hirer shall pay for all costs to return the Equipment back to the Company plus any late fees incurred.
- All blown, spare lamps and unused batteries are to be returned to the Company for inspection or charges may apply.
The Company undertakes to provide all Equipment in good working order and condition.
This agreement and these conditions of hire shall be governed and construed in accordance with the laws of the state of New South Wales.