Hire Terms and Condtions

HIRE AGREEMENT TERMS & CONDITIONS

Last updated: 28 September 2020


1.Beyond Pro Sound & Lighting (hereinafter referred to as BPSL) agrees to hire equipment as set out in the Rental Contract/Quote document for the mutually agreed period to the hirer, subject to the following terms and conditions.

2. The hirer agrees with BPSL that by accepting the quotation provided to them by BPSL they acknowledge and agree to the following terms:



Confirmation


(a) No equipment is held or reserved and therefore not guaranteed to be available until acceptance of quote.


(b) All of the equipment/service requirements must be confirmed in writing to ensure your specific requirements are met. No verbal confirmations will be accepted or constitute an acceptance.


(c) All terms must be agreed to prior to hire.


(d) If any or all of the quoted requirements change whatsoever, at any stage after acceptance of the original quote, further fees may apply and therefore be charged to and payable by the hirer/client, unless otherwise agreed to in writing.

(e) Person signing the agreement as "the hirer" is to be personally liable (guarantor) if signing on behalf of company, or other persons.



Ownership


(a) The equipment remains the property of BPSL and the hirer will not sell, charge or part with the equipment.


(b) The hirer will permit or produce permission for BPSL, its agents or servants to enter the premises where the equipment is installed at all reasonable times on reasonable notice in order to inspect the equipment or carry out repairs.


(c) The hirer will notify BPSL immediately if any judgment or order is levied upon the hirer or the hirer's property.


(d) Upon termination of this agreement, the hirer will deliver up the equipment to BPSL or grant access at the address where, in accordance with these terms and conditions and the Rental Contract/Quote the equipment should be located.

(e) The hirer will not sub-let, or sub-hire, to any persons unless specified with BPSL where is it documented, and signed on a seperate written hire agreement.

Usage


(a) The hirer will keep the equipment at the address where it is first installed unless written permission for its removal is obtained from BPSL.


(b) The hirer will use the equipment in a careful and proper manner for the purpose it was intended.


(c) The hirer will not repair, alter, interfere or tamper with the equipment, or let anyone else do so.


(d) The hirer will be responsible for the supervision of the equipment and materials during the event and any injury sustained by general public, events staff, performers or guests, due to the use or misuse of the equipment installed.


(e) The hirer will not permanently mark, drill into, deface or alter in any way any part of the equipment supplied by BPSL.


(f) Where the hire is over multiple days and the equipment is to be set up and left overnight/days, it is the hirers responsibility to ensure adequate security services have been employed to protect the equipment from theft and/or damage.


(g) Any additional labour, equipment or materials required after confirmation and hirer's receipt of goods or service will be an additional charge to the hirer.


Return


(a) The hirer will ensure the equipment is returned to BPSL in the same condition it was delivered and installed by BPSL or collected from BPSL by the hirer.


(b) If the hirer fails, for any reason whatsoever to return the equipment to BPSL by 5.00pm on the expiry date of the term of hire or the day of termination of the agreement, or other date and time as specified in the hire agreement or agreed to in writing, the hirer will, without prejudice to BPSL, be liable and agrees to pay BPSL an amount equal to the regular un-discounted daily rate per item as at BPSL rate effective at the time the hirer retains the equipment and in any event pay a full day's rental for any part of a day while the hirer so retains it.


(c) Where for any reason whatsoever BPSL is delayed in the delivery, pickup, setup, pack up, bump in, bump out, delayed event start, delayed event end, extended event running time to that which has been quoted and accepted, all associated labour penalty rates, additional labour charges, additional transport charges and additional associated costs will be borne by the hirer and paid in full with 48 hours.


(d) BPSL may at its own discretion agree to waive any late fees where the hirer advises BPSL of any unforeseen and uncontrollable circumstances


Damages


(a) The hirer will be liable to pay for any damages to the equipment, including cleaning charges if deemed necessary by BPSL in the discretion of BPSL.


(b) The hirer will be responsible for any damage to or loss of the equipment howsoever caused, whether by fire, water, impact, power surge or any other mechanical or chemical process, theft burglary, the hirers own act or omission or any other cause whatsoever as from the time the equipment leaves the owners premises or possession and whether the hirer has entered into possession of same or not and whether the same is in transit or the possession of third party on the hirers behalf, which third party shall hereby be deemed to be acting as agent for the hirer and upon demand.


(c) The hirer shall pay BPSL in the case of damage, such amount being the equipment replacement value plus loss of use costs in respect to the equipment.


(d) The hirer will notify BPSL immediately any judgment or order is levied upon the hirer or the hirer's property.



Insurance


(a) The hirer is responsible for all insurances (including Public Liability) associated with the hire/event including weather, fire, theft, malicious damage, storm and tempest. All insurance provided by the hirer will cover the full replacement value of any and all goods of equipment hired.


(b) The hirer will produce evidence of such insurance if requested by BPSL.


(c) No goods/equipment are covered by insurance whilst on hire or in transit.


(d) These terms apply in all instances including when BPSL personnel operate and/or supervise the assembly and disassembly of the equipment.


Labour, Delivery & Pick up


(a) Labour charges are based on the bump in, bump out (including travel) and/or operating times provided by to BPSL by the hirer. If additional labour is required beyond those dates and times listed, additional charges may apply payable by the hirer.


(b) Delivery and pick up charges cover the delivery and pick up of equipment by BPSL to and from the venue specified by the hirer only and do not cover bump in or bump out by BPSL of any of the equipment in any circumstance.

(c) Hirer is responsible to inform BPSL of any and all access obstacles, ie stairs, narrow access, etc, as it may incur an extra fee.


Non Payment


(a) Any payment received that does not clear the BPSL account will attract a standard bank penalty of $65 including GST.


(b) BPSL reserves the right to cancel goods and services at any time if payment is not received by our office as per the terms nominated in this hire or otherwise agreed to in writing.

(c) The hirer to peacefully permit BPSL and any of its officers, agents and/or servants 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 apparatus, if any of the conditions are breached.


(d) Any hirer who does not pay any monies owing to BPSL by the due date will be provided one opportunity to rectify within a specified period determined at the discretion of BPSL. If the hirer does still not pay, BPSL will engage a debt collector or legal representative. Once passed to the debt collector or legal representative, BPSL no longer has control of the account and the debt collector /legal representative will resolve the issue directly with the hirer and ALL costs, including agency commission, legal fees, interest, administration fees, collection fees and any other associated costs will be the liability of the hirer in addition to the original amount owing.


Right to Cancel


BPSL reserves the right to cancel the hire and/or services requested by the hirer at any time if;


(a) The hirer fails to pay any monies payable to BPSL pursuant to this agreement;
(b) BPSL forms the opinion that damage may result to the equipment requested;
(c) There is a non-compliance of safety requirements which may result in damage to the equipment or injury to personnel or others;


(d) The hirer (being of natural person) has an order of bankruptcy made against him or her;


(e) An application for the liquidation of the hirer (being a company) is made.



Liability


The hirer is liable for and indemnifies BPSL against all liability, claims, damage, loss, costs and expenses (including, without limitation loss of income, loss of recorded media or files, loss of broadcast, streaming or narrowcast capabilities, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against BPSL) in respect of:


(a) Equipment failure or damage;


(b) Personal injury;


(c) Damage to property;


(d) A claim by a third party,
in respect of hire or use of the equipment by the hirer or breach of this agreement by the hirer.



Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Hire Agreement.



BPSL will not be liable to the hirer for any acts or omissions of any person supplied by BPSL where that person is acting under the direction of the hirer during the Hire Period and the hirer indemnifies BPSL against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against BPSL) arising from or incurred with such.



Safe Working Environment

The hirer agrees to supply a safe working environment. Should BPSL or any of its agents deem that the working environment or task asked of BPSL's servants or agents be unsafe or not meet current safety codes or regulations, or be outside of the scope of work or capability of any individual, BPSL has the right to refuse until such safety issues are remedied and BPSL will not be liable for any costs or losses, and the hirer agrees to pay BPSL for any subsequent increase in costs that may be incurred, whether by additional labour, time delay or otherwise.



ADDITIONAL TERMS FOR DRY HIRE

Dry Hire refers to the hire of equipment where BPSL personnel are not required to operate any equipment. Equipment in some cases may be delivered and/or picked & setup or packed down by BPSL which still constitutes a Dry Hire.



Unless otherwise agreed to in writing;

Proof of Identity

(a) The hirer will provide the owner with proof of identity. Passports, proof of age cards or identity cards alone not showing current address details are not permitted as proof of identity. An interim receipt or non-photo drivers license is not acceptable as proof of identity.



Payment Terms

(a) Payment in cleared funds is to be made in full before the equipment leaves the possession of the owner. A 2% processing fee may apply for credit card payments.



Call Out/ Technical Support

(a) The hirer acknowledges that ALL equipment is thoroughly tested and has passed correct working order checks BEFORE it leaves BPSL warehouse.

(b) Should the hirer request technical support via phone/email, and the fault is found to be user error, insufficient user experience in the setup to operation of the equipment, environment causes outside of the control of BPSL, or damage incurred after leaving BPSL warehouse, the following charges will apply:

- Support during the hours of 8am-5pm Monday-Friday, $88.00 per hour, minimum 1 hour charge, charged in 1 hour increments.

- Support after 5pm and prior to 8am Monday-Friday or Friday after 5pm & prior to Monday 8am $110.00 per hour, minimum 1 hour charged, charged in 1 hour increments.

Cancellation Fees

(a) The hirer acknowledges that in the event of any breach or cancellation of this agreement, the deposit will be forfeited and become the absolute property of BPSL without any prejudice to any other claim BPSL may have against the hirer.

(b) Cancellation fees are payable as below;

90 days prior to bump in/or booking date 30% of the balance of the total quoted fee (or deposit minimum)

60 days prior to bump in/or booking date 60% of the balance of the total quoted fee

30 days prior to bump in/or booking date 80% of the balance of the total quoted fee

Within 30 days prior to bump in/or booking date 100% of the total quoted fee



ADDITIONAL TERMS FOR PRODUCTION HIRE

Production Hire refers to the hire of equipment as well as the bump in/bump out and operation of equipment. Production Hire terms also apply for labour only hires.



Unless otherwise agreed to in writing:

Payment terms

(a)For hires that require BPSL to setup and/or operate said hire, the following payment terms apply:

30% deposit on confirmation - no later than 21 days prior to bump in.

30% no later than 7 days prior to bump in.

40% one day prior to bump in.

(b) The final payment of the balance is required as cleared funds in our account.

(c) If you are an established (account) customer/client/hirer, the confirmation terms (as above) are still relative: however, deposits and progress payments may vary as per your written agreement with BPSL.



Cancellation Fees

(a) The hirer acknowledges that in the event of any breach or cancellation of this agreement, the deposit will be forfeited and become the absolute property of BPSL without any prejudice to any other claim BPSL may have against the hirer.

(b) Cancellation fees are payable as below;

90 days prior to bump in/or booking date 30% of the balance of the total quoted fee (or deposit minimum)

60 days prior to bump in/or booking date 60% of the balance of the total quoted fee

30 days prior to bump in/or booking date 80% of the balance of the total quoted fee

Within 30 days prior to bump in/or booking date 100% of the total quoted fee

Personnel

(a) If any BPSL personnel are on site longer then five (5) hours, it is the responsibility of the hirer to ensure that food and liquid drinks (including fresh drinking water) are available on site, and available at all times. No BPSL personnel are to work longer than five (5) hours consecutively without meal break. Should the client fail to provide meals or a meal break, a rate of $30 per person, per meal will be invoiced to the hirer and payable within 3 days of issue.



Force Majeure

(a) BPSL shall not be liable for any delay or failure to perform under this agreement if any such delay or failures is caused or prohibited by the conditions of force majeure including strikes, labour dispute, fire, breakdowns of commercial transportation, acts of God, acts of terror or threat thereof, acts of restraints of any government agency or any similar such events which are beyond the reasonable control of BPSL.

(b) If event is cancelled due to force majeure, our standard cancellation fees apply.


Weather


Where BPSL are actively involved in the bump in, operation and bump out of hire, the following weather clauses become valid:


(a) Wet Weather: BPSL reserves the right to take whatever action deemed necessary if heavy consistent rain, heavy wind or lightning occurs or if possible harm or danger is eminent to equipment or any persons, any additional charges is to be settled by the hirer.


(b) Hot Weather: BPSL reserves the right to take whatever action deemed necessary if extreme hot weather is encountered for the duration of bump in, event and bump out of (36° C or above).

(c) If event is cancelled due to weather, our standard cancellation fees apply.