Definitions

In these terms and conditions unless the context otherwise requires:

(i) “The Business” means Prospective Hire (Australia) A.B.N. 85384243854 which expression shall include any or all companies related or any subsidiary successors and assigns of Prospective Hire (Australia).

(ii) “The Customer” means the person (including his successors, representatives and permitted assign) hiring equipment from the Business and where there is more than one Customer the covenants on their part contained herein shall be deemed joint and several covenants.

(iii) “Equipment” means all or any film or video equipment or any other goods of any kind whatsoever hired by the Customer from the Business.

1. General Conditions

The acceptance of equipment by the Hirer, or his agent, implies total acceptance of these terms and conditions, which cannot be changed, in part or whole, by any representative of the Business, expressed or implied, and supersedes all terms and conditions previously issued by the Business. Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order.

2. Collection and Return of Equipment

Rental charges commence from the time and date the equipment leaves Prospective Hire’s premises and terminate when equipment is received back at Prospective Hire’s premises. Should the hirer fail to return the equipment by the due date and time, the hire charge payable will be the daily hire charge for the equipment concerned, for each overdue day. Should the Hirer not return equipment 24 hours after the due time, without prior arrangement with Prospective Hire, the rented goods will be considered stolen and the Police notified. The rental charge will continue until all equipment is returned. Any carriage or packaging charges will be charged to the Hirer. Prospective Hire cannot accept any liability, consequential or otherwise, for any delay in transit causing late arrival of any equipment.

3. Lost or Damaged Equipment

All Equipment hired from The Business must be returned complete and undamaged. Any lost, unreturned, or damaged equipment will be charged to the hirer. If insurance has been arranged with The Business, repairs or replacement costs will be limited to the insurance excess, where The Business’s insurance company agrees to file a claim. Any deliveries arrange by the Customer will be at the Customers risk.

4. Cancellation

Except where otherwise agreed by the Business, cancellation of booked or reserved Equipment within forty-eight hours of the time specified for collection will incur a cancellation charge equal to 50% of the hiring fee from the period originally booked or reserved.

5. Payment

Hiring fees must be paid prior to the hiring of Equipment or in the case of Account Customers within 14 days from the date of the Business’s invoice unless otherwise expressly agreed to in writing by the Business. Credit Accounts will only be opened where warranted by the Customer’s volume of business and where the Customer can establish its credit worthiness to the satisfaction of the Business. All first time rentals are on a COD basis, unless they are to be shipped. If equipment is to be shipped, first orders are to be pre-paid. Suitable photo ID and credit card details are required for all COD orders, or whenever the Business requests these details. A deposit may be requested by hirers, which will be refunded upon return of the order barring any damage, missing equipment or late changes.

(1) The Business reserves the right to charge interest on overdue accounts without prior notice to the Customer at the rate of 5% per month or at such other rate as may be fixed from time to time by the Business such interest to be computed from the date a payment becomes overdue until payment of such monies is received in full. A certificate signed by any Director, Manager or Secretary of the Business shall be deemed conclusive evidence of such rate of interest. (2)The Business reserves the right to set a minimum invoice value from time to time at its discretion and reserves the right to refuse to hire Equipment to the Customer in the event that the Customer fails to comply with the Business’s terms of payment.

The Customer will pay to or reimburse the Business (except where such payment or reimbursement is expressly prohibited by statue) all delivery costs, stamp duty and other government duties, taxes and expenses which the Business may be liable to pay from time to time in connection with the hire of the Equipment to the Customer.

6. Equipment, Risk and Insurance

The Equipment shall be at the Customer’s risk from the time the Equipment leaves the Business’s premises until the time it is returned and accepted by the Business. Acceptance of returned equipment does not release the Customer from the responsibility for the loss or damage of hired Equipment.

(2) Unless otherwise agreed to by the Business in writing, the Customer is required to effect suitable insurance in respect of the Equipment and must provide documentary evidence of such insurance prior to the hiring of any Equipment by the Customer.

(3) Prospective Hire (Australia) should be included and named as joint insured under all policies of insurance, particularly “negative” insurance effected by the Customer.

(4) In the event the Equipment is lost or damaged (fair wear and tear excepted) while at the risk of the Customer, the Customer shall be liable to compensate the Business for the full replacement cost or full cost of repairing the Equipment as the case may be. (5) When equipment is lost or damaged the Customer is responsible for hire charges up to the time the Equipment is repaired of replaced for a maximum of 10 weeks. Customers are to make sure adequate insurance cover is obtained to cover this contingency. The Business at its discretion, may choose to waive these hire charges.

(6) The Customer and the employees or servants of the Customer are the only persons permitted to use the Equipment and without limiting the generality of the foregoing, the Customer shall not lend or rehire the Equipment to any other person without express permission from The Business.

7. Insurance

The Business’ will include insurance for the customer at a rate of 8% of the hire fee. This rate may increase to 10% for hires where equipment is taken overseas, or in the use of equipment in underwater housings and in other hazardous environments. In the event of any damage or missing items less where the total cost is less than the insurance excess, the full replacement or repair cost shall be paid by the Customer. Coverage by The Business’s insurance will be determined when a claim is made to the Customer’s insurance company. Insurance Coverage and claims will be assessed by the Insurance Company. In the event a claim is refused by the Insurance Company, the Customer shall be liable for the full cost of any replace or repair of damaged equipment. The payment of a damage waiver in no way guarantees cover, which will be determined solely by the Insurance Company.

In the event that a damage waiver is not paid by the Customer, the Customer shall be liable for the full replacement or repair costs to any damaged or missing equipment.

(2) The current insurance excess is $750.

8. Hirer Skills

It is assumed that the Hirer, or his agent, has sufficient skills to operate hired equipment correctly. The Business will endeavour to supply instructional literature when requested, however this cannot be guaranteed. It is the responsibility of the hirer, or the hirer’s agent, to ensure the equipment being rented is suitable for the purpose intended. The Business accepts no liability for the hiring of incorrect or unsuitable equipment, or in the event that the Customer is unable to use hired equipment due to lack of necessary skills or knowledge required to operate equipment.

9. Use of Hired Equipment

The Hirer shall not take any of the hired equipment out of Australia without the specific prior written consent of Prospective Hire (email is acceptable). Equipment must not be used on any abnormal or hazardous assignments. The equipment is not to be transported in, or used in, helicopters or light aircraft without the Business’s specific written consent. The Hirer will not allow the equipment to be used in areas where it could be affected by salt water or atmospheric corrosion.

10. Liability

The Business shall not be held liable for any loss or damage caused by rental equipment, whether to the Hirer or the Hirer’s property or any other person, firm or corporation. The Business’s liability, if any, for supplying defective equipment to the Hirer is limited to a rebate of the rental fee charged for the particular item in question. The Hirer hereby indemnifies The Business and all employees, contractors, directors and affiliated parties from liability of any and all losses, damage, injuries, claims, demands and expenses of whatsoever kind of nature arising out of the use of the rented equipment.

11. Customer Limitation of Liability

If, at the request of the Customer, the Business agrees in writing to limit any claim for accidental damage to the Equipment, the Customer hereby agrees and accepts the following charges, terms and conditions. The Customer acknowledges that the Business has not in any way represented itself to the Customer as a person carrying on the business of insurance.

A. Charges

(1) Where the Customer is a COD customer, the Customer shall pay to the Business an additional charge equal to 8% of the total rental charge for Equipment rented for use within Australia. Overseas usage charge on application.

(2) The Customer acknowledges that in the event of accidental damage to the Equipment the Business will limit the claim to the excess charged by the Business’s insurance provider in relation to each and every claim.

B. Terms

The Business will limit any claim for accidental damage to Equipment within or outside Australia as specifically agreed to in writing. This limitation of liability does not cover damage resulting from neglect or misuse, loss of equipment, whether resulting from negligence or not. Accidental damage liability limitation EXCLUDES damage to the equipment in the following circumstances:

(1) Damage caused by misuse, mechanical or electrical derangement, exposure to salt water, exposure to water, exposure to dust or sand, or confiscation by Customs or other authorities.

(2) Damage directly or indirectly caused by or arising from war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.

(3) Destruction of or damage to any Equipment whatsoever or any expense whatsoever resulting or arising from or any consequential loss or legal liability of whatsoever nature directly or indirectly caused or contributed to, by or arising from:

(i) ionising radiations or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from combustion of fuel (ii) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof

(4) Damage resulting from leaving Equipment in vehicles whether locked or unlocked, but unattended. (5) Damage to two way radios.
(6) Damage to electric globes.
C. Conditions

(1)All ordinary and reasonable precautions for the safety of the Equipment must be taken.

(2) In the event of loss or damage the Customer shall:

(i) forthwith notify the Business and the Police where necessary, and take any practicable steps towards the discovery and recovery;

(ii) as soon as practicable give full written report of the circumstances of the loss or damage to the Business;

(iii) and at the same time furnish to the Business any particular or evidence as may be reasonably be required by the Business or its insurer including attending at a lawyer’s office and at Court to give evidence.

(3) The due observance and fulfilment of the Terms and Conditions and Endorsements as stated above in so far as they relate to anything to be done or complied with the Customer and the truth of the statements and answers made by the Customer at the time of instigating the loss and damage waiver are conditions precedent to the Business limiting the liability of the Customer for any claims for loss or damage of the Equipment.