1. HIRE charges are based on a daily rate and must be paid in advance prior to delivery of the Equipment hired. Should the Equipment be required for longer than the period stipulated the Hirer should immediately notify the Owner and pay the additional hire charges due for the extended term of hire before putting the Equipment to further use. The Hirer is liable for hire charges at the specified rate for the Equipment until all Equipment is returned to the Owner.
2. THE Hirer shall use the Equipment entirely at the Hirer's own risk. The Hirer shall consequently have no claim of whatsoever nature or kind against the Owner by reason of the condition or of the state of repair of the Equipment or by reason of the Equipment not being fit for any purpose or by reason of any injury suffered by the Hirer or other persons resulting from operation of the Equipment whether correctly or incorrectly or otherwise howsoever arising and the Hirer shall hold the Owner safe harmless and indemnified against all claims actions and proceedings on account of or touching or concerning any of the above matters and against all costs.
3. THE Hirer will not sell, offer for sale, assign, mortgage, pledge, charge or otherwise encumber or deal with or part with possession of the Equipment or any part or parts thereof other than back to the Owner. The Hirer shall personally use the Equipment hired and will not permit all or any part of the Equipment to be used by any other persons without the Owner's prior consent. The Hirer shall keep the Owner informed as to the whereabouts of the Equipment hired.
4. THE Hirer shall use the Equipment in a proper manner and keep the Equipment in good condition. If in any doubt as to how the Equipment should be operated, the Hirer shall refer to the Owner for instructions. If any damage beyond fair wear and tear is caused to the Equipment by whatever cause, the Hirer shall be responsible for the costs of repair and will save harmless and keep the Owner indemnified against all loss of or damage to the Equipment. If the Equipment is returned in faulty condition (other than from fair wear and tear) the Owner may repair the faulty Equipment and charge the Hirer with the cost of so doing at the current charge rate. The amount of any such loss of or damage to or cost of repair of the Equipment shall be deemed to be a debt due by the Hirer to the Owner and be recoverable accordingly.
5. SHOULD the Equipment be faulty or should the same develop a fault while in possession of the Hirer, the Hirer shall immediately notify the Owner stating the nature of the fault and in no circumstances shall the Hirer carry out any repairs or allow any such repairs to be carried out by any person other than the Owner or the Owner's nominee. If the Equipment develops a fault while in possession of the Hirer for which the Hirer is not responsible under these conditions, the hire charges shall be suspended by the Owner until the fault has been repaired.
6. WHILE the Equipment is in the possession of the Hirer, the Hirer will faithfully perform and carry out all instructions of the Owner or the Owner's nominee as to the manner in which the Equipment shall be operated and maintained.
7. BEFORE delivery of the Equipment, the Hirer must pay the deposit nominated by the Owner. Upon return by the Hirer of the Equipment the Owner will return the deposit less the cost of any repairs to the Equipment and/or any other moneys due to the Owner for which the Hirer is responsible.
8. THE Owner and the Owner's servants and agents shall be entitled at all reasonable times to inspect the Equipment and/or operate the Equipment for testing and the Hirer hereby gives irrevocable leave and licence to the Owner and the Owner's servants and agents to take possession of and remove the Equipment and for such purpose to enter upon the premises of the Hirer, and, as the Hirer's agent and as the Hirer's act, to enter upon any other premises whereon the Equipment or any part of the Equipment may be for any of the above purposes.
9. IF the Hirer fails to return the Equipment hired before expiry of the hire period or the Equipment is seized by any regulatory authority, and the Owner has to locate and pick up the Equipment and/or pay any fines imposed by any statutory or territorial authority, then the Owner shall be entitled to recover from the Hirer as a debt due:
(a) a charge of $50 per hour per person engaged in locating and picking up the
Equipment together with reimbursement of any fines; and
(b) additional daily hire at the rate of 1.5 times the normal daily hire charge from the date upon which the hire period ended until the actual date that the Equipment is either returned or recovered;
in addition to all moneys owed by reason of the hire itself.
10. LOCAL territorial authority and statutory regulations require that isolating transformers must be used with electrical Equipment used outdoors or in damp conditions, and the Hirer shall comply with all such regulations and any other statutes and regulations from time to time in force relating to the Equipment or the use of the Equipment.
11. Acknowledging that the term of the hire of the Equipment may potentially
equal or exceed a period of one year, the following provisions are agreed to
(a) The Hirer acknowledges and agrees that this document constitutes a security agreement as defined in section 16 of the Personal Property Security Act 1999 ("PPSA") by virtue of the Owner's deemed security interest in the Equipment as owner pursuant to section 17(1)(b) of the PPSA.
(b) The Hirer grants a security interest to the Owner in all present and future personal property leased from the Owner to secure payment of the hire charges and secondly to secure payment of all outstanding debts and obligations of the Hirer to the Owner from time to time
(c) The Hirer agrees to execute any documents, provide all relevant information and cooperate fully with the Owner to ensure that the Owner has a perfected security interest in the personal property charged in 15(b) above and, if applicable, a purchase money security interest. The Hirer will immediately notify the Owner in writing of any change in the Hirer's name or other material identifying characteristics.
(d) The Hirer shall pay the Owner's costs of any discharge or amendment of any Financing Statement.
(e) Nothing in sections 114(1)(a), 133, and 134 of the PPSA shall apply to this contract. The Hirer waives its rights pursuant to sections 121, 125, 129, 131 and 132 of the PPSA and all rights to receive any verification statement relating to the security interests in the Equipment.
12. IF the Hirer defaults on or fail to observe or perform any of the foregoing conditions, commits any act of bankruptcy or has any judgment entered against them, or where any moneys are in arrear exceeding fourteen days, then the Owner may by notice terminate the hiring whereupon, as in the case of termination by any other means, the Hirer shall immediately deliver the Equipment at the Hirer's own risk and cost to the Owner's place of business or such other place as the Owner may nominate and in default of such delivery the Owner shall be entitled to take possession of the Equipment and recover the cost of so doing and of returning the Equipment to the Owner's place of business as a debt due by the Hirer. Termination of the hiring by return of the goods or otherwise does not in any way prejudice the right of the Owner to enforce by action or otherwise all or any of the foregoing conditions against the Hirer for breach or of any of them prior to the termination of the hiring.
13. ANY moneys due under the terms of these conditions by the Hirer to the Owner shall bear interest at the rate of 18% per annum from the date upon which such moneys fell due until the actual date of payment and such interest shall be recoverable as part of the debt due by the Hirer to the Owner.
14. ALL representations or warranties whether express or implied of the Owner, its servant or servants, agent or agents, whether made before or after the execution of these conditions by the Hirer shall be null and void and of no effect except as the same are included in these conditions and the Hirer hereby acknowledges that these conditions cover the whole terms of hire of the Equipment.
15. EACH of the foregoing conditions shall be without prejudice to each other. All obligations imposed on the Hirer by these conditions shall, if there be more than one Hirer, be joint and several.
16.Audio Analysis' policy concerning cancellation of equipment hires by the customer :
(a) Because of rain, poor sales, or any reason beyond the control or responsibility of Audio Analysis. We hope you will appreciate that equipment is held in reserve for booked hires and other work is turned away because of that. Also, much preparation work is required some time before a hire is started, Therefore, equipment and resources are unlikely to be able to be utilised after a cancellation and sub hires and staff bookings need to be cancelled.
(b)Cancellation 10 days or less before the date the hire starts will incur a fee of 20% of the quoted price.
(c)Cancellation less than one week or less before the hire will be charged 30% of the quoted price.
(d)Cancellation on the day the equipment is to be shipped from our premises but in time to cancel the crew call will be charged at 50% of the quoted price for the first day's hire, plus a percentage of any following day's hires based on the above calculations.
(e)Cancellation after the crew call will be charged between 50% and the full quoted price of the first day's hire, depending upon the amount of work done, plus a percentage of any following day's hires based on the above calculations.
(f)Cancellation after the equipment has arrived at the venue will normally be charged at the full quoted price of the first day's hire, plus a percentage of any following day's hires based on the above calculations.