TERMS AND CONDITIONS
OF HIRE
HOW
TO HIRE EQUIPMENT FROM BRISBANE BACKLINE
When
you have decided what equipment you would like to hire, please
telephone us on (61 7) 3808 2877, or fax through your requirements
on (61 7) 3808 2875.
We
will put an estimate together for you and fax or email the proposal
to you. If we do not carry the equipment you require, we may try
to source it from other suppliers.
Our
estimate includes a confirmation page, which you need to approve,
sign and fax back to us. Once we receive your written confirmation,
the equipment will be booked for your show.
Please do not hesitate in contacting us by telephone if other
specific details and arrangements need to be made.
Payment
is required upon delivery of the equipment, unless other arrangements
are made in advance.
We
can also provide delivery and pickup of equipment.
All
other terms and conditions of Hire are outlined below.
1. OFFER
The hirer by this signature agrees to hire the goods, accessories
or equipment ("the goods") described herein from P.J.M
trading as BRISBANE BACKLINE PTY LTD or its permitted assigns ("the
owner") for the hire period and to pay the total hire fee payable
and observe the conditions terms and covenants contained in the
agreement to hire hereof.
2. HIRE
PERIOD
The hire period shall commence from the date of acceptance of goods
to the hirer until the goods are returned or repossessed by the
owner. The owner may terminate the hire period after receiving proper
confirmation of the theft or destruction of the goods. The hirer
shall return the goods to the owner on the date due back specified
on the agreement hereof, or on such earlier date as the owner may
require, under clause 7 hereof.
3. ACCEPTANCE
The owner may accept this offer by delivering/supplying the goods
to the hirer.
4. TOTAL
HIRE FEE PAYABLE
The total hire fee payable shall be aggregate of:
The hire
charge for the use of the goods calculated in accordance with the
relevant writings and figures set forth previously hereof under
"Hire fee payable".
a) A sum equal to the value of the goods, accessories and equipment
lost or stolen during the rental period.
b) The owners expenses, both Legal and incidental.
c) Accumulated interest on all amounts due but unpaid.
The total hire fee payable shall be due to owner from the hirer
either on demand by the owner or at the end of the hire period,
whichever is sooner.
5. HIRERS
RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS
a) The hirer covenants with the owner that the goods will at the
end of the hire period or upon the date of repossession be in good
condition, free from all damage or defects of any kind whatsoever,
except for ordinary wear and tear.
b) The hirer agrees to pay the owner for the owners loss expenses
and costs in all respect of such damage and defects, amount which
shall be recoverable from the hirer on liquidated demand.
c) The hirer shall accept full and total responsibility for goods
on hire and all risk remain with the hirer. The owner acknowledges
that no unit or item of goods hired are covered by the owner by
insurance whilst on hire, and the hirer covenants to insure goods
in the name of the hirer and the owner jointly whilst on hire.
6. HIRERS
OTHER OBLIGATIONS
The hirer shall:
a) Not
allow or permit the goods on hire to be used by any person:
Other than himself or members of his family
Members of his band, incorporated company, unincorporated association
or acknowledged servants, agents or employees, provided always that
the owner has received notice from the hirer of the names of persons
inclusive of the list above mentioned and the location where the
goods are to be used.
b) Pay to the owner for the owners use such deposit on account of
total hire fee payable or otherwise as the owner may require and
shall cause any cheque for such deposit to be met immediately on
presentation.
c) Not allow the goods to be repaired nor allow or create any lien
over the goods nor part with possession of the goods.
d) Take reasonable care of the goods and not abuse or misuse them
in any way whatsoever.
7. REPOSSESSION
The owner may repossess the goods and the hirer shall on being so
required by the owner forthwith return the goods to the hirer, if:
a) The
hirer is in breach of any term or condition hereof or has made any
misrepresentation to the owner.
b) Or the goods are damaged in any way.
8. LEGAL
PROCEEDINGS.
Any legal proceedings between the owner and the hirer, a certificate
signed by a Director of the owner shall be evidence of truth of
the fact stated herein including:
a) Hire
period
b) The facts constituting any breach of the hirer and,
c) The cost to the owner of making good, damage or loss.
That the hirer
and owner acknowledge that this agreement shall be binding upon
the parties subject always to the laws currently in force in the
state of Queensland.
9. OTHER
The hirer authorises any person taking possession of equipment at
the owners premises or elsewhere from the owners for transport for
such equipment to the hirer or for transport of such equipment as
the hirer shall direct, to act as the hirers agent and accordingly
such persons signature on all documents required by the owner, shall
constitute an acceptance of those documents and terms and conditions,
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 nerality hereof.
The hirer of authorises any carrier or courier or any other person
collecting equipment on the hirers behalf to execute on the hirers
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 hirers 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 on this agreement.
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