THE TERMS AND CONDITIONS
1. The Hirers Obligations
a. The hirer agrees to hire the equipment from Warehouse Sound Systems Pty Ltd ACN 005 925 780 (hereafter known as the owner) for the hire period and to pay the total charges payable and to observe the terms and conditions contained in the Agreement to Hire.
b. The hirer shall not permit any person to use the equipment other than himself;or members of his family;or members of his staff;or members of his band.
c. The hirer shall pay to the owner for the owner's use such deposit as the owner may require and shall cause any cheque for such deposit to be met immediately on presentation.
d. The hirer shall not allow the equipment to be affixed to any premises and shall deal with the equipment in such a manner as to protect the title of the owners to the equipment.
e. The hirer agrees to keep the equipment in his own possession or control and shall not remove the equipment from the State of Victoria without first notifying the owner in writing.
f. The hirer shall not use the equipment for any outdoor performances without first obtaining the consent of the owner in writing.
g. The hirer agrees to allow the owner to have access to and to inspect the equipment at any time, having given reasonable notice to the hirer.
h. The hirer agrees that any clause contained herein is severable without derogating in any way from the remaining clauses.
2. The Total Charges Payable
To total charges payable under this Contract shall be calculated as follows:
i) The hire fee for the use of the goods as described on the face hereof as "the hire fee".
ii) A sum equal to the manufacturer's retail price of any part of the equipment lost or stolen whilst under the care or control of the hirer.
iii) The cost of repairs to the equipment for which the hirer is liable under this Agreement.
iv) Any late payment fee calculated in accordance with clause (4) of this Agreement.
v) Interest on all amounts overdue.
vi) The expenses of the owner, legal or otherwise, occasioned by the hirer's breach of this Agreement.
3. Loss or Damage to Equipment
a. The owner shall be liable for fair wear and tear on the equipment.
b. The hirer shall be responsible for the costs incurred in making good any loss or damage to the equipment whatsoever. Without limiting the generality of the foregoing the hirer shall in particular be liable for malicious or accidental damage caused to the equipment by the public at large, theft, fire, water, any act of God, or by unduly rough or negligent or malicious handling of the equipment by any person whatsoever or by any faults in the vehicles transporting the equipment or by any faults at the venues at which the equipment is being used.
c. Without limiting the generality of (a) and (b) above, in the event of any microphone or loudspeaker being returned not in proper working order the hirer shall be liable for the repair or replacement thereof.
4. Return of the Equipment
a. The hirer agrees to return the equipment to the premises of the owner at the end of the hire period during normal business hours;or otherwise as agreed in writing.
b. In the event of a late return of the equipment in addition to "hire fee payable"a daily penalty shall be payable for each day that the equipment is not returned. The penalty shall be calculated by multiplying the daily hire rate by two. The daily hire rate shall be calculated by dividing the weekly hire rate by three.
c. In addition to the daily penalty described above, the hirer agrees to be responsible for any loss suffered by the owner as a result of the equipment not being returned at the end of the hire period.
5. Repossession
The owner may repossess the equipment and the hirer shall on being so required by the owner, forthwith return the equipment to the owner if:
i) the hirer is in breach of any term or condition hereof, or;
ii) the equipment is damaged in any way.
6. The Equipment
The equipment shall include those items listed on the face of this Agreement and shall also include any additional goods supplied by the owner to the hirer or any tools or spare parts used by the owner.
7. Owners Representations
The owner makes no warranty or representation of any kind whatsoever expressed or implied except that of title and the owner shall in no event be liable for any direct, indirect, consequential, incidental, special or punitive damages arising in any way whatsoever out of this Agreement.
8. Laws of Victoria
This Agreement shall be construed and interpreted pursuant to the laws of the State of Victoria.
