A - Equipment is hired on a 'per day' basis
B - The terms Daily Hire as used herein shall mean the Equipment is hired on the basis of a 24 hour period or part thereof, commencing from the time of the Delivery (or pick up of the Equipment) and terminating upon Collection (or return) on the 'Daily Termination Date'.
A - The Hire Fees set forward in the attached schedule are applicable to this agreement
B - Customers' shall pay the Daily Hire Fee as applicable from time to time to Eleven40 PTY LTD by either daily, with the first insalment due upon the date of delivery of the Equipment to the Customer. In the event that Equip,ment is not returned by the due return date and time (as indicated on rental agreements or in the subsequent communications with Eleven40 PTY LTD then a further Daily Hire Fee shall become due and payable and such shall continue to accure on the appropriate Daily basis until the Equipment is returned.
C - Where the Customer has paid a security deposit and fails to make any payment when due and payable, Eleven40 PTY LTD may deduct from the security deposit the amount due and payable by the Customer.
D - Weekly Hire (7 days) shall be charged at the rate of equivalent to 4 days hire.
E - Unless otherwise agreed by the Company, cancellation of booked or reserved Equipment or Studio Hire within 48 hours of the commencement of the Agreed Hire Period will incur a cancellation charge up to a maximum of up to 100% of the Hiring Fee set out in the order with repsect to the applicable Equipment and/or Studio. The amount will be at the Companies sole discretion.
If payment is not made within the time the payment is due, the Customer must pay interest at the rate of 10% PA computed on the amount overdue from the due date until the final amount is paid in full. The interest accures daily and will be capitalised monthly on the first day in each month.
Delivery of Equipment to Customer shall take place at such premises of Eleven40 PTY LTD as set forth in the rental agreement form or on the delivery note and return of such Equipment is supplied. Shipment of Equipmemt when rewquired by Customer mab be effected if approved by Eleven40 PTY LTD in writing to an address specified by Customer and at the expense and risk of the Customer. Customers' agree not to ship equipment by post. The Customer must return the Equipment at the Customers expense to Eleven40 PTY LTD place of business in the same condition as when recieved by the Customer, subject to reasonable wear and tear. The Equipment is at the Customers risk from Delivery until Return, except that acceptance of Equipment by the Comapnys staff upon Return does not release the Customer from responsibility for loss or damage to Equipment pursuant to these Terms & Conditions and Eleven40 PTY LTD may take up to 14 days identify loss or damage to the Equipment and notify the Customer and take payments from the Customer pusuant to these Terma & Conditions.
Customers' agree with Eleven40 PTY LTD that:
A - The Equipment shall remain the proprty of Eleven40 PTY LTD
B - The Customer shall not sell, charge, pledge or part with possession of Equipment
C - The Customer shall keep Equipment at the address specified in Schedule 1 attached hereto unless written permission has been obtained from Eleven40 PTY LTD to relocate the Equipment elsewhere.
D - The Customer shall use Equipment in a careful and proper manner and in accordance with the manufacturers specifications. The customer shall not interfer or tamper with, attempt to repair or service the Equipment or let anyone else do so.
E - The Customer shall notify Eleven40 PTY LTD immediately if any judgment or order is levied against Customer or property of Customer or if petition is presented for the liquidation of the Customer or a Reciever is appointed or a scheme of arrangement is proposed.
F - The Customer shall permit Eleven40 PTY LTD it's agents or servants to enter the premises where Equipment is located at all resonable times in order for Eleven40 PTY LTD to carry out repairs of Equipment.
Eleven40 PTY LTD warrants that each items of Equipment hired is of mechantable quality and reasonably fit for the purpose for which it is designed. Customers' acknowledge that is has not relied upon any statment by Eleven40 PTY LTD in respect of Customers' purpose for utilisation of equipment and that Eleven40 PTY LTD is not responsible or liable for the faliure of the Equipment to perform the purpose required by the Customer.
Eleven40 PTY LTD shall at it's expense provide routine maintenane for the Equipment an shall use its best endeavours to expeditiously repair or replace Equipment which becomes defective during the Hire period through no fault of the Customer. In the event that the Equipment does not operate properly Customers' shall notify Eleven40 PTY LTD and request instructions before taking remidial action. All repairs shall be done on the basis of the return base. Eleven40 PTY LTD may at its option and for such lenght of time as it deems expedient replace Equip,ent withj another such type or model as sall for the time being be availible and Equipment so substituted shall be subject to these conditions.
Notwithstanding the Hire Period Eleven40 PTY LTD expressly reserves the right of ealy cessation which may be exercised on demand and at the absolute discretion of Eleven40PTY LTD the Hire Fee paid by the Customer may be adjusted on a pro rata basis. For the purpose of pro rating a week shall be seven days ad a month shall be thirty days.
Customers' are resonsible for the safekeeping of the Equipment and shall bear the risk of any loss, theft, damage or destruction of Equipment and in the event that the Equipment shall require repair or recalibration as a result of Customers' negligence, misuse or abuse Customers' shall bear cost or any such repair ot recalibration including freight charges there occasioned. Customers' shall forwith pay to Eleven40 PTY LTD the Total Replacement Value itemised on Eleven40 PTY LTD documents supplied. In the event that Customers' fails to pay to Eleven40 PLY LTD any amounts due under this Agreement, Customers' authorises Eleven40 PTY LTD to deduct and retain any outstanding amounts from the Security Deposit or Credit Card authorisation which has been previously lodged with Eleven40 PTY LTD.
At any time after the expiration of the Hire Period or in the event that Customer is in default pursuant to the provisions of this agreement, Equipment shall forthwith upon request being made by Eleven40 PTY LTD be delivered by Customer to Eleven40 PTY LTD and the Hire Period upon delivery of the Equipment to Eleven40 PTY LTDpursuant to the provisions of the agreement be terminated without prejudice to the right of Eleven40 PTY LTD to require from the Customer imediate payment of such monies as may be or become owin to Eleven40 PTY LTD by the Customer.
Where more than one item of Equipment is supplied under this Agreement in interpreting this Agreement the singular shall be read as the plural where appropriate and the Hire Fee shall be apportioned to each item of Equipment as set forth in the attached hereto conditions herein set forth shall apply seperately to each individual item of Equip,ment as through each items of Equipment were subject to seperate Agreement.
The conditions herein before set forth constitute the entire Agreement between Eleven40 PTY LTD and the Customer with respect to Equipment and shall not be amended except in writing signed by both parties abd Customer does acknowledge and agree that all other (if any) warranaties or suitability of the Equipment for particular use or purpose whether implied or statutory are herby excluded.
In the event that Customers' seek to purchase the Equipment and Eleven40 PTY LTD agrees to sell the Equipment the property therin shall not pass until and unless all payments by way of Hire and by way of purhase price have been recieved by Eleven40 PTY LTD.
All rights pertaining to industrial or intellectual property including but not limited to copyrights, patents and trademakrs are expressly reserved. Customers' shall not and shall not authorise any copying or breach of rights. All copies or articles made in breach of rights shall be destroyed or surrended to the owner of rights.
A - Except as expressly provided to the contrary in these conditions, all terms, conditions, warranties, underakings, inducements or representations whether expressed, implied, statutory relating in any way to the Equipment or these conditions are excluded and without limitation Eleven40 PTY LTD will not be under liability to the Customer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Equipment or the failure or omission on the part of Eleven40 PTY LTD to commply with its obligations under these conditions.
B - Where any act of parliment implies in this agreement any terms, conditions or warranties and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty is deemed to be included in this agreement. However, the liability of Eleven40 PTY LTD for any breach of such term, condition or warranty is limited when permitted by law, at the option of Eleven40 PTY LTD to any one or more of the following
In this clause: "GST" means GST within the meaning of the GST Act.
The Customer indemnifies Eleven40 PTY LTD from and agaist any and all costs, losses or charges incurred by Eleven40 PTY LRD as a result of the use of the Equipment by the Customer.
The Customer (including their assignees and representatives) hereby accept full responsibility for loss or damage of the Equipment. If the Equipment is lost, stolen, missing, destroyed or damaged beyond reapir while at the risk of the Customer, the Customer is liable for and agrees to compensate Eleven40 PTY LTD for the amount as itemised as the Total Replacement Value (without decustion for depreciation). Without limiting the Customer's obligation with respect to hired vehicles, of the Customer hires a vehivle, the Customer is responsible for all damage to such vehicle, including to tyres, windscreens and windows. In respect to damage or loss of Equip,ent, Hire Period shall continue until item has been repaired by Eleven40 PTY LTD, or the Total Replacement Value has been paid by the Customer.
Subject to the previous section (Loss, Damage, Theft of Equipment) where requested by the Customer, Eleven40 PTY LTD may at its sole discretion, agreed in writing, prior to Delivery, to offer appropriate insurance (Damage Waiver) and charge the Customer and additional 10% fee for such insurance coverage. If arranged, this insurance coverage does not applt to additional costs assosiated with the hire of, replacement equipment for that which was lost, destroyed or damanged. In all cases, the Customer must pay the applicable premium as itemised as Damage Waiver on Eleven40 Quotes, Estimated, Rental Agreements or other Documentation supplied to the Customer by Eleven40 PTY LTD. An excess of $500 is also payable by the Customer for each and every claim and the exclusions as itemised in the section below (Insurance & Damage Waiver Exclusions) shall also apply.
Any such acceptance of risk by Eleven40 PTY LTD pursuant to the section above (Insurance & Damage Waiver) expressly exclused, and the customer remains liable for, loss or damage or liability of any kind directly or indirectly caused or contributed to or arising from the following:
Loss Procedures. In the event of loss or damage of any kind to the Equipment, the Customer Must: