litepix.com.au
Hire Agreement

Terms & Conditions

These terms govern the hire of equipment and the supply of services by Litepix Pty Ltd ATF AJ Trust. Your written acceptance is required before equipment or services are provided — see section 10. Litepix reserves the right to update these Terms and Conditions at any time.

Supplier
Litepix Pty Ltd ATF AJ Trust
Governing law
Queensland, Australia
Last updated
Contents — 11 sections

Litepix Pty Ltd ATF AJ Trust (hereinafter referred to as the owner) agrees to hire to the hirer the equipment set out in the schedule for the stated mutually agreed period subject to the following terms and conditions.

01

Definitions & Contract

The owner agrees to let and the Hirer agrees to take Equipment for the Hiring Period. On your acceptance please sign and email back to secure booking.

  • a)Contract means the Contract comprises of the particulars as set out on the Hire Quotation & Booking Agreement.
  • b)Customer means and includes the company, firm or person, the name of which is set out on the Hire Quotation and Booking Agreement, and any person whether as employee or authorized agent who enters into this Contract on behalf of such company, firm or person.
  • c)Equipment means the goods specified on the Hire Quotation and Booking Agreement.
  • d)Supplier means Litepix, its employees and anyone else that they contract.
02

Payment Terms

Unless you are a holder of a pre-approved account, the Customer shall pay to the Supplier the hiring charges upon the issue of a Tax Invoice prior to the commencement of the hiring period. Payment is due and payable on the date of issue of the Tax Invoice.

Interest on overdue amounts

The Supplier shall have the right to charge interest on the amount owing at the rate of 5% per month from the due date of payment and calculated on a daily basis, together with any costs incurred by the Supplier in recovering the amount owing, including but not limited to all legal costs and collections agency fees.

The laws of Queensland, Australia, shall govern the terms and conditions of this agreement and it is agreed that Brisbane, Queensland provides the appropriate venue for any action due as a result of any dispute or breach of agreement between the parties arising hereunder.

03

Cancellation

Should inclement weather, or any other reason, cause the postponement/cancellation of the event or any part thereof, then the cancellation fee deemed due and payable will be in line with the following table:

Cancellation fee schedule
Notice Period Cancellation Fee
15 to 28 days prior to event 25% of total invoice
8 to 14 days prior to event 50% of total invoice
1 to 7 days prior to event 100% of total invoice
04

Proper Use and Ownership of Equipment

The Customer shall at all times use the Equipment in a skillful and proper manner for the purpose intended, and in the manner recommended by the manufacturer. The Customer agrees and acknowledges that at all times the Equipment is and remains the property of the Supplier. During the period of hire, the Customer shall not sell, lease, assign, transfer, part with possession of or deal with Equipment in any manner which may affect, directly or indirectly, the Supplier's ownership of the Equipment.

The Customer shall accept full responsibility for the care of the Equipment during the period of the hire and during any other time outside the prescribed period whilst the goods may be in the Customer's possession or otherwise. The Supplier reserves their right to inspect the Equipment whether to assess the performance or conditions of use at any time.

The Supplier may, without prejudice to any of its other rights and without previous notice to the Customer, retake and resume possession of the Equipment upon the occurrence of any one or more of the following:

  • a)Where the Customer commences to be wound-up or a liquidator is appointed (provisional or otherwise), or the Hirer is placed under official management or a Receiver or Receiver and Manager is appointed, or an encumbrance takes possession of its undertaking or property.
  • b)Where the Customer becomes insolvent or bankrupt or commits an act of bankruptcy or makes an assignment for the benefit of a creditor.
  • c)Where the Customer fails to pay the whole or any part of the hire of the goods or any other charges for the goods supplied hereunder or for any other equipment or services supplied to the Customer by the Supplier when due.
  • d)Where the Customer parts with possession of the goods.
  • e)Where any other terms or conditions of the Contract between the Customer and Supplier are breached by the Customer.

The Customer shall be responsible for any damage to any premises occasioned by removal of the equipment and shall hereby indemnify the Supplier in respect of any proceedings brought against the Supplier arising from the removal of the Equipment.

05

Limitation of Liability

The Owner and its insurance underwriters shall not be liable for any property loss or damage or personal injury or indirect, special, or consequential damage sustained by the Hirer, its staff, or any third party whether such property loss or damage, personal injury or indirect or consequential damages shall be caused by or arise from negligence or lack of skill of the Owner. Notwithstanding the foregoing, this agreement is subject to any implied warranty under the Trade Practices Act 1974 (as amended) if and to the extent that the Act is applicable and prevents exclusion, restriction or modification of the warranty.

Should the Equipment suffer any loss or damage, whether mechanical, electrical or otherwise (including, but not limited to, lamps & components deemed to be consumables) and howsoever incurred, whether or not whilst in the possession of the Customer, the Customer shall pay the Supplier on demand a further sum as stipulated by the Supplier to cover such loss or damage.

In the event of breakdown or failure of the Equipment the Customer shall notify the Supplier immediately via the 24hr phone number, +61 7 3445 0477, and return the equipment to the Supplier's premises as soon as practicable. No claim for faulty Equipment or workmanship shall be recognized unless notified to the Supplier via the 24hr phone number, +61 7 3445 0477. The Supplier will refund at its discretion the downtime value on inspection of the faulty Equipment. Should the Equipment be found by the Supplier upon inspection to be faulty due to misuse, the Customer will be responsible for the repair cost.

The Customer shall not repair or attempt to repair or cause someone else to repair the Equipment without the prior consent of the Supplier. The Customer shall not replace, substitute or alter the Equipment without the fully informed knowledge and consent of the Supplier even if such replacement, substitution or alteration is to be at the Customer's cost.

In no event shall the Supplier be liable to the Customer on any account whatsoever, whether as a result of wear and tear or any defect in the Equipment or any negligence by the Supplier for any loss or damage whatsoever including consequential loss or damage and whether or not foreseeable or contemplated by any of the parties.

06

Security

The Customer is responsible for the provision of adequate security 24 hours a day to prevent theft and/or damage to the Equipment from arrival on site to its return.

07

Delivery and Return of Equipment

The date of delivery of the goods by the Supplier to the Customer shall be as agreed. The owner agrees to deliver the Equipment in full commission and working order as required by law and in good condition.

The Customer shall return the Equipment to the Supplier at their own risk and cost on or before the due date in the same condition as it was upon collection by the Customer or delivery of the same by the Supplier, excepting reasonable wear and tear.

08

Quotation

The Customer acknowledges that the Hire Quotation and Booking Agreement is a quotation only and that the pricing provided may vary subject to availability of Equipment. No Equipment will be reserved until receipt of written confirmation of the Customer's acceptance of these Terms and Conditions has been received by the Supplier.

Any changes to this quotation that place constraints or penalties on the Supplier's service schedules or cost structures will change the quoted cost in line with the changes. The Supplier charges for time out, not time used. Weekends and holidays are included. The installation of the Equipment shall be at the cost of the Customer.

Late return

Equipment not returned by the due date will be regarded as stolen.

Where the Customer engages the Supplier to provide services more than 50km from Crew Home Base, the Customer must supply at their own cost accommodation as defined in award: Suitable accommodation will mean modern type accommodation with bath or shower room and toilet facilities therein, and where possible, unshared.

This quotation includes GST and State Stamp Duty where applicable. This quotation does not include accommodation, risers, spotlights, spotlight operators, extra loading crew, licensed point riggers or electricians, staging equipment, scaffolding for P.A. Towers or FOH position, security, power supplies, connections or 3 phase cable beyond 30m from distribution point, and any equipment or services not listed within the Hire Quotation or Booking System.

09

Indemnity

The Customer agrees to indemnify the Supplier from and against any claim, action, proceeding, judgment, damage, loss, cost, expense or liability whatsoever incurred or suffered by or brought or made or recovered against the Supplier to the extent that the same arises or is connected with any or all actions by the Customer, its representatives, partners or agents and any or all of its third party contractors or suppliers, except where such loss or liability results from the negligence (error or omission) of the Supplier, their officers, staff, servants or agents.

The Customer will be liable to the Supplier regardless of any other contractual arrangements that they have entered into with third parties either known or unknown to the Supplier, except where such loss or liability results from the negligence (error or omission) of the Supplier, their officers, staff, servants or agents.

The Supplier recommends that all contractors, riggers, staging and roofing companies be required to hold full and comprehensive insurances. It is in the Customer's best interests to have sight of such policies from the commencement of the event.

10

Acceptance

Acceptance of these terms and conditions of hire must be received by the Supplier prior to the commencement of the provisions of equipment or services. In the event that Equipment or services are provided by the Supplier prior to receiving confirmation, the absence of any written objection to such provisions shall be deemed acceptance of the Terms and Conditions of Hire as set out above.

Equipment is not insured

The hirer acknowledges that this rental is subject to the terms and conditions of the Litepix Hire Agreement. In particular, that the equipment is NOT covered by insurance and that additional charges will be incurred for late returns, dirty or damaged equipment. Cleaning fees may apply.

11

Variation

Any variations to the equipment list shall be covered by this agreement and this agreement shall be ongoing should the hire period be extended. Variations may include more equipment for large venues and will incur more hire charges.

Questions about these terms

Location
Yatala, Queensland, Australia
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