In this agreement:
‘Owner’ means AudioVault Industries Pty Ltd and its substitutes, successors and permitted assigns and its licencees, franchisees and/or agents;
‘Hirer’ means any person who signs this agreement personally or by an agent;
‘Goods’ means equipment described on the front of this form and any replacement for that equipment item and includes all accessories and other equipment;
‘Rental period’ means the period beginning on the date set out [on the front of this form] as the Commencement Date and ending on the date [set out on the front of this form as the expiry date/on which the Goods are redelivered by the Hirer or by anyone else to the owner] or, if the Goods are stolen or damaged beyond repair, the date on which the insurance company confirms that it will accept that the Goods have been stolen or damaged beyond repair;
‘Price list’ means the owner’s published price list which is current at the date this agreement is signed by the owner; and
‘GST’ has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Rental of Goods
The owner agrees to Rent the Goods to the Hirer for the rental period and the Hirer agrees to take the Goods on hire for that period and to pay the rental charge set out in the price list for the Goods for that rental period, together with any applicable GST, on the terms and conditions set out in this agreement. The Hirer is entitled to use the Goods for the rental period and for any agreed extension of the rental period. The Hirer agrees to return the Goods to Unit 10, 73 Walters Drive, Osborne Park at the end of the rental period.
- Payment for rental
The Hirer agrees to pay to the owner the amount of the rental charge set out in the price list for the Goods for the rental period, together with any applicable GST.
The Hirer also agrees to pay the other amounts set out on the front of this form calculated in accordance with the price list and any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the Hirer’s hiring of the Goods.
The Hirer authorises the owner to complete any documents necessary or desirable to enable the Hirer to make any payments through any credit card system.
- Hirer’s warranties
The Hirer warrants that:
- the particulars on the front of this form are correct in every respect and are not misleading in anyway including, without limitation, by omission;
- the Hirer will not breach any copyright or other restriction in relation to or in connection with, the Goods;
- in selecting the Goods the Hirer has not relied on the owner’s skill and judgment or on any representations made by or on behalf of the owner and agrees that the Goods comply with their description, are in merchantable condition and are fit for the Hirer’s purpose.
- Hirer’s obligations
The Hirer will:
- keep the Goods in first class condition and only use them as they would be used by a careful and prudent owner;
- not use the Goods for any illegal purpose;
- report any damage to, or loss of, the Goods to the owner immediately such damage or loss occurs;
- be liable for any breach of this agreement committed by the lessee’s servants or agents;
- indemnify the owner for any loss (including legal costs) incurred by the lessor in relation to any breach of this agreement and for any liability arising out of any such breach.
- replacement of equipment damaged or lost caused by patrons will be the sole responsibility of the hirer.
The Hirer will pay for all damage, or loss of equipment, caused to equipment during the hire period at full replacement cost.
If damage or loss of equipment causes financial loss to AudioVault Industries, the Hirer will be invoiced for the total amount of this loss.
The owner may retake possession of the Goods if the Hirer breaches any provision of this agreement.
- Limited Warranty & Exclusion of liability
8.1. AudioVault Industries Pty Ltd warrants that the Equipment is of merchantable quality and reasonably fit for its intended purpose.
8.2. All other warranties which may be implied into this agreement under law and AudioVault Industries Pty Ltd’ s liability in respect of the Equipment and this agreement are excluded to the maximum possible extent and as permitted by the Trade Practices Act 1974 and any other relevant legislation.
8.3 AudioVault Industries Pty Ltd will not be liable to the Hirer in any event in respect of any loss or damage (including without limitation, consequential loss or damage or the failure of AudioVault Industries Pty Ltd to comply with its obligations under this agreement) however caused, which may be suffered or incurred by any person or which may arise directly or indirectly in respect to the supply of any goods and services in connection with this agreement.
- Title to Goods
The Hirer acknowledges that the owner retains title to the Goods and that the Hirer has rights to possess the Goods as a mere bailee only. The Hirer does not have any right to pledge the owner’s credit in connection with the Goods and agrees not to do so. The Hirer also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.
- No waiver
Time is of the essence of this agreement, except that no delay by the owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
- Credit Card
The Hirer irrevocably and unconditionally authorises AudioVault Industries Pty Ltd to charge the credit card nominated by the Hirer for any amounts that may be due and owing by the Hirer to AudioVault Industries Pty Ltd under this agreement and in the event that such charges are not met by the credit provider within 7 days of such charges being claimed by AudioVault Industries Pty Ltd then the Hirer shall pay the same to AudioVault Industries Pty Ltd on demand.
The Hirer must pay the Bond to AudioVault Industries Pty Ltd and irrevocably authorises AudioVault Industries Pty Ltd to deduct any amounts that may be due and owing by the Hirer to AudioVault Industries Pty Ltd under this agreement. AudioVault Industries Pty Ltd will return the Bond (less any deductions from it in accordance with this clause) to the Hirer within 7 days after the Equipment has been returned to AudioVault Industries Pty Ltd.
The Hirer warrants that it has received the Equipment in good order and condition and the Hirer covenants with AudioVault Industries Pty Ltd that at the end of the Hire Period the Equipment will be in the same condition as at the beginning of the Hire Period, except for fair wear and tear (as determined by AudioVault Industries Pty Ltd) and the Hirer will indemnify
AudioVault Industries Pty Ltd for all losses and expenses in respect of any damage to the Equipment.
- Risk in the Equipment passes to the Hirer upon the earlier of:
13.1.1. delivery of the Equipment to the Hirer; or
13.1.2. collection of the Equipment from AudioVault Industries Pty Ltd by the Hirer.
13.2. Without limiting anything else in this agreement, the Hirer:
13.2.1. will be fully responsible for and will pay to AudioVault Industries Pty Ltd any loss of or damage to the Equipment (however occasioned) once the Equipment is in the Hirer’s possession.
13.2.2. shall assume all risks and liabilities for and in respect of the Equipment and for injuries to or death of persons and damage to property howsoever arising from the possession, use, maintenance, repair or storage of the Equipment, once the Equipment is in the Hirer’s actual or constructive possession.
13.2.3. must at its expense take out and maintain insurance against damage to the Equipment occasioned by any means apart from the negligence of AudioVault Industries Pty Ltd during the Hire Period.
13.3. The Hirer acknowledges and agrees that:
13.3.1. the Equipment is in good condition and working order at the commencement of the Hire Period and acknowledges that AudioVault Industries Pty Ltd inspects the Equipment at the beginning and end of the Hire Period and any damage discovered by AudioVault Industries Pty Ltd at the end of the Hire Period shall be conclusive evidence that the damage was caused by the Hirer and the Hirer shall be held liable for the cost of repairing that damage;
13.3.2 The Hirer must pay to AudioVault Industries Pty Ltd on demand the value of any damage or loss assessed as having been caused by the Hirer.
13.3.3. If the Equipment is damaged by the Hirer so that AudioVault Industries Pty Ltd is unable to re-hire that Equipment immediately after the Return Time, AudioVault Industries Pty Ltd may claim from the Hirer and if it does so the Hirer must pay to AudioVault Industries Pty Ltd a loss of hire opportunity fee (the Loss of Hire Fee). The Loss of Hire Fee will be an amount equal to the Daily Rate multiplied by the number of days (or part thereof) during the period commencing from the Return Time until the Equipment is rectified or replaced and ready for re-hire.