Terms & Conditions Of Hire For Film Production Equipment

KEY LIGHTING AUSTRALIA PTY LTD a Company incorporated in the State of Victoria
and having its business address at 77 Moreland Street, Footscray, 3011.
 
1. The Owner hereby agrees to provide the Hirer with the film production equipment ("the Equipment") described in this Agreement on the terms and conditions set out herein.
2. The Hirer hereby acknowledges that the terms and conditions set out herein are incorporated in and form part of the contract entered into between the Owner and
the Hirer in respect of the Equipment.
3. Hiring charges shall be calculated as per this Agreement and commence from the time the equipment is collected from the Owners premises until returned to the said premises.

4. The Hirer hereby agrees that the onus rests with the Hirer to ensure that the Equipment is returned to the Owners premises at the Hirer's expense.

5. If return delivery service is required it is the Hirer's responsibility to contact the Owner and advise that the Equipment is available for collection and the Hirer shall bear all costs associated with such collection.

 
6. The Hirer hereby undertakes to insure the Equipment at its full insurable value and against all risks and to keep so insured throughout the period of hire thereafter during which the Equipment remains in the possession or under the control of the Hirer with a solvent and reputable insurer and to furnish to the Owner a copy of the cover note or other satisfactory evidence of compliance.
7. Alternatively to clause 6 (but only if the Owner expressly agrees) the Hirer shall pay to the Owner such amount as may be necessary for the Owner to insure the Equipment on behalf of the Hirer. If any claim is made upon the insurance policy arranged for the Hirer by the Owner for any loss or theft to the Equipment or any part of the Equipment the Hirer shall pay to the Owner the following amounts:
(i) Excess: the first $1000.00 of any claim; and
(ii) Loss of Rental: an amount determined by the Owner for loss of rental up to the equivalent of (6) six weeks hiring charges.

8. The Hirer shall not use the Equipment or allow the Equipment to be used in any way or manner which is likely to cause damage to the Equipment or in connection with any dangerous assignments. This condition may be waived only by any agreement in writing between the Owner and the Hirer entered into prior to the Hirer taking possession of the Equipment.

9. The Hirer hereby warrants that it shall at all times during the period of Hire, use the Equipment in a skillful and proper manner and shall at the Hirer's expense maintain the Equipment in good working order.

10. The Hirer hereby warrants that it shall be fully responsible for the Equipment during the period of hire.

 

11. The Hirer hereby undertakes to pay the Owner, on demand all amounts due to the Owner and coming within sub-paragraphs (a) and (b) below, in the event that the Equipment or any part hereof is lost or damaged during the period of hire.

(a) the repair or replacement costs of the Equipment or any part thereof: and
(b) an amount which is to be calculated in accordance with the hiring rate applicable to this Agreement which constitutes the loss of hiring fees for the period of which the Equipment is unable to be used by the Owner for the purpose of hiring to its customers.
The Hirer's liability under this clause is irrespective of whether or not the loss or damage was caused through the Hirer's own fault, negligence or recklessness or the fault, negligence or recklessness of any of its servants or agents and irrespective of whether any insurer who has provided the Hirer with a policy of insurance in respect of the hired equipment refuses to pay for any claim in respect of the Equipment.
12. The Hirer acknowledges that the Owner shall not be liable for any loss, injury, accident or any claim whatsoever arising out of the use of the equipment or any part thereof while the same is being hired by the Hirer.
13. The Hirer further acknowledges that the Owner shall not be liable for any loss, claims or proceedings whatsoever (including all costs and damages in connection herewith) arising from the non-delivery due to circumstances beyond our control, or failure of performance of the equipment or personnel from any cause whatsoever.
14. The Hirer undertakes not to part with possession of the Equipment and not to cause or permit any legal or equitable lien or other encumbrance to take effect or to be created over or in respect of the Equipment.

15. Representations and agreements not expressly contained herein shall not be binding upon the Owner.

 
16. These terms and conditions constitute the whole of the agreement and understanding between the parties with respect to the hire of the Equipment and all additions and modifications to these terms and conditions shall be in writing and shall be signed by both the Owner and the Hirer.
17. Should the Hirer have either expressly or by imputation made known to the Owner or to the person with whom any antecedent negotiations were conducted any particular purpose for which the Equipment is being hired, the Hirer acknowledges that he has not relied nor would it have been reasonable for him to have relied on the skill or judgement of the Owner when deciding whether the Equipment was reasonably fit for the purpose.
18. These terms and conditions shall be governed by the construed and take effect in accordance with the laws of the State of Victoria.
19. All lights furnished with globes and spares unless specifically otherwise agreed. No charge for burnouts if all globes are returned for replacement.
20. On commencement of hire, the Owner hereby agrees to provide all equipment in good working order.

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