Conditions of Hire


In the particulars in these conditions of hire unless the context or subject matter otherwise indicates the singular indicates the plural and vice versa and –           
  • "The Equipment" means the equipment as hire equipment 
  •  "The Company" means AudioVisual & FX 
  •  "The Contract" means the contract with respect to the equipment and the hire thereof made between the company and the hirer as amended (if at all) from time to time. 
  •  “The Hirer" means the person or company to whom or to which the equipment is or will be hired to (as the case may be).                             
The hirer undertakes to :
a. carefully to inspect the equipment when it is delivered and inform the company in writing within 24 hours if there is any loss, shortage or damage.  The company will not be responsible for any such loss, shortage or damage unless such notification has been given
b. throughout the period of hire to maintain & return the equipment in the same condition as it was when the hirer first took possession, less fair wear and tear as determined by the company.
c. not to part with possession of the equipment to any person (save as directed by the company) and not to cause or permit any legal or equitable lien, encumbrance to take effect or be created over in respect to the equipment.
d. not to sell, mortgage, sublet or assign the equipment.
e. to return the equipment promptly and without retention to the company at the end of the hire period or the return date without demand by the company
f. to pay promptly any or all of the charges on the hire contract before the final return date, or on any time upon oral demand of the company
g. peacefully to permit the company by any of its officers servants and agents to enter the premises of the hirer and (without prejudice to such other claims or rights as the company may have to damages or otherwise) to repossess the equipment if any of the conditions of hire breached and such permission to enter shall be deemed an irrevocable consent, enabling the company to seek and obtain entry onto the hirers premises wheresoever situated.
h. not to bring or maintain or be party to or assert any action, claim, counter claim or set-off at law or in equity or at variance from or inconsistent with any of these conditions and without limiting the generality of the foregoing shall include actions in trespass or any related action being actions having no standing due to implied and expressed consent to enter premises pursuant to the preceding subsection "(provided such entry onto the premises of the hirer is done for the express purpose of recovery of equipment hired under the contract)"             
2. the hirer acknowledges that the hirer is and shall be responsible for any loss or damage whatsoever, howsoever caused, to person or property arising out of the use by the hirer of the equipment and the company shall not be required to take out public risk insurance and the hirer agrees to indemnify the company against any claims or actions whatsoever, howsoever made in respect to the equipment or use thereof. 
3. The hirer is responsible for any loss or damage to any of the equipment from the time the hirer receives the equipment until the hirer returns the equipment to the company.  The hirer agrees to pay full replacement costs for any items of the equipment lost or damaged in a manner the company considers unrepairable within 7 days of such loss or damage coming to the attention of the company. 
4. The company agrees to replace without charge, unless otherwise stated, any lamps in the equipment which suffer electrical but not mechanical failure under normal working conditions and not through the fault (including negligence and breach of contract) of the hirer or any of the hirers officers, servants or agents as the case may be subject to the failed lamp being returned to the company.
5. Under the conditions of long term hire (as indicated on the hire contract), the hirer is responsible for the replacement costs of all blown lamps.
6. If the contract includes a term that the company may or shall deliver the equipment into the possession, custody or control of any person (whether or not an officer, servant or agent of the hirer and howsoever identified) that person shall be and be deemed to be an authorized agent of the hirer for all purposes of the contract. including (without limiting the generality of the foregoing) the unconditional agreement of these conditions.
7. Where the charges shown on the contract relate to the long term hire (as indicated on the contract), then the hirer agrees that in the event of the equipment being returned prior to the agreed period, the hirer will pay the difference in the long term price, and normal list rates for a shorter period as listed by the company. 
8. The hirer acknowledges that any charges unpaid within 30 days of the return of the equipment, or invoice sent for charges relating to the hire of equipment, will accrue interest at the rate of 2% per calendar month, and the hirer will pay this amount to the company upon demand.
9. If any of these conditions 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 and validity of the remaining conditions.
10. The contract and these conditions shall b governed by and construed and take effect in accordance with the law of the State of Victoria, Australia.
11. The contract for the sale of goods described herein shall be deemed to be made in Victoria, Australia, and the courts of that State shall have sole jurisdiction to determine any issues arising out of such a sale.
12. The hirer shall be liable to additional charges for each or any part of any day where the equipment is returned late such charges to be in addition to clause 8 and which may at the discretion of the company be more than one month’s rental.
13. Loss suffered by the malfunction or non-delivery of equipment shall not be the responsibility of the company
14. Late returns shall incur penalty the daily charge as shown on the contract plus 50% of the daily charge per item per day for each day overdue.
15. The hire period is deemed from any time of the (hire period from) pick up date till 10am of the (hire period to) return date, Monday- Sunday inclusive unless otherwise stated by the company.
16. Changes, alterations or variation of the contract shall not be deemed official unless duly noted and signed by an authorized officer of the company and such notification to be witnessed and initialized by the hirer or their authorized agent at time of such change.
17. The hirer undertakes not to bring or maintain or be party or assert any action, claim, counter claim or set off any law against the company due to the breakdown or failure of any equipment hired from or supplied by the company or due to late or non-delivery of any equipment by the company. The company can replace the listed equipment with equivalent equipment if equipment is unavailable or inoperable or as it sees fit.