Agreement means this Terms of Hire entered into between the Owner and the Hirer;
Authorised Representative means the company, firm or person over the age of 18 years old accepting Delivery or Pick-Up of the Equipment by a Third-Party Courier on behalf of the Hirer;
Booking means the online or physical application completed by the Hirer to hire Equipment;
Breach of Contract means the failure of the Hirer to comply with the terms of this Agreement;
Cancellation or Refund Policy means the Owner’s policy for cancellation and refunds published on the Site, as may be updated from time-to-time.
Commencement Date means the date when Equipment enters the possession of the Hirer or Authorised Representative, whether the Equipment is delivered or picked up;
Claim includes any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation and claim for abatement of rent obligation;
Equipment means any lighting, sound, attachments, leads or any other thing that the Owner hires to the Hirer on the terms of this Agreement;
Excess means any amount charged to the Hirer for late return, cleaning or damage to the Equipment less the Rental Bond amount;
Hirer means the company, firm or person taking the Owner’s Equipment on hire as listed in the Booking;
Hire Fee means the fee payable by the Hirer to hire the Equipment for the Hire Period;
Hire Period means from the Commencement Date until the Return Date;
Identification means a valid Australian Driver’s Licence or Government Issued Photo Card that includes the Hirer’s current residential address;
Nightly Hire Rate means the nightly hire rate of the Equipment as per the current rates displayed on our Site;
Premises means the residential or commercial address where the Equipment is delivered to or picked up from;
Return Date means the date the Equipment is returned to the possession of the Owner and the Owner has determined that the Equipment is in a clean and fully functional condition;
Site means https://www.osmicproductions.com.au/ or such other URL the Owner may adopt from time-to-time.
Third-Party Courier Delivery and Collection Service means the third-party service provider engaged by the Owner to deliver and/or pick-up the Equipment for the Hirer.
AGREEMENT
This Agreement governs the hiring of Equipment by the Owner to the Hirer and limits the liability of the Owner to the Hirer.
The Hirer has agreed to engage the Owner to hire the Equipment on the terms of this Agreement.
By completing a Booking, the Hirer acknowledges that they have read, understood and agree to be bound by the terms and conditions of this Agreement.
The Hirer acknowledges and agrees that title and ownership of the Equipment shall remain vested in the Company at all times during the Hire Period.
The Hirer must be at least 18 years of age to enter into this Agreement unless with their parent or guardian’s legal consent.
BOOKING
To hire Equipment, the Hirer must:
Complete a Booking;
Pay the Hire Fee in full;
As part of the Booking, the Hirer must:
Select the Equipment;
Select the Hire Period;
Where appropriate, list the event date for use of Equipment;
Nominate the Premises; and
Provide Identification.
The Owner may refuse to accept any Booking in its complete discretion without reason, in which case the Hire Fee and any other fees paid by the Hirer will be refunded in full upon which this Agreement will terminate and neither party will have any rights against the other.
All Bookings are subject to the Cancellation or Refund Policy.
USE OF EQUIPMENT
The Hirer must use Equipment only for the purpose for which it was designed and in accordance with any instructions provided by the Owner.
The Equipment must be returned in the same condition and packed in the same manner as it is received by the Hirer at the Commencement Date.
The Hirer agrees not to remove or allow any other person to remove the Equipment from the Premises. The Equipment must stay on the Premises at all times during the Hire Period subject to the Company’s prior written consent.
The Hirer shall not assign, mortgage, pledge, sell, charge, encumber, sublet, or otherwise dispose of or deal with the Equipment or any of the rights of the Owner to the Equipment or any part thereof, or any of the rights of the Owner under this Agreement.
DELIVERY & COLLECTION
The Third-Party Courier Delivery and Collection Service strictly limits delivery and collection of Equipment to no further than the ground floor entrance of a residential or commercial premise. For the avoidance of doubt, the delivery and pick-up service does not include carrying the Equipment inside the Premise, or installation and set-up of the Equipment.
The Hirer warrants that they or an Authorised Representative will be present at the Premises for the Delivery and Collection Services to occur.
The intent for and name of any Authorised Representative accepting the Delivery Service must be communicated to the Owner in writing in advance of the Commencement Date.
Where requested, the Hirer or any Authorised Representative must sign a receipt to confirm the delivery of the Equipment.
The Hirer accepts responsibility for any fees charged to the Owner by the Third-Party Courier if the Third-Party Courier is required to wait longer than 5 minutes to facilitate Delivery or Collection of the Equipment to or from the Hirer.
The Hirer accepts that a redelivery or recollection fee equal to the cost of the service or the original service charge, whichever is greater, will be charged to the Hirer by the Owner if the Hirer or an Authorised Representative is not present to facilitate Delivery or Collection to or from the Hirer.
IDENTIFICATION
The Hirer agrees that they must provide the Owner with their Identification to successfully complete a Booking and hire Equipment under this Agreement.
The Hirer authorises the Owner to store a digital copy of their Identification for the duration of this Agreement.
The Hirer may request that the Owner destroy all records of their Identification at the conclusion of this Agreement.
The Owner shall not share any records of the Hirer’s Identification with any third parties unless required to do so by law or in the event of a Breach of Contract.
RETURN OF HIRE
The Hirer agrees to return the Equipment to the Owner on the Return Date.
The Hirer agrees to Return Date the Equipment to the Owner in the same condition as it was received by the Hirer at the Commencement Date of this Agreement.
Where requested by the Hirer, the Owner reserves the right to allow extended Hire Periods with or without extra charge in its absolute discretion.
INCIDENTAL FEES & CHARGES
The Hirer accepts that incidental fees may be charged if:
The Equipment is not returned by the Return Date (unless authorised by the Owner in writing and in advance);
The Equipment is returned damaged (excluding fair wear and tear);
The Equipment is returned unclean;
Cables, Cable Ties or Labels affixed to the Equipment are removed by the Hirer during the Hire Period;
Liquid Detection Labels are activated or removed by the Hirer during the Hire Period;
The Hirer breaches any terms of this Agreement.
The Hirer acknowledges that a Nightly Hire Rate will be charged for every night the Equipment is not returned to the Owner after and including close of business on the Return Date.
The Hirer accepts sole responsibility for payment of any incidental fees or charges charged by the Owner.
The Hirer acknowledges that the Owner will communicate any incidental fees or charges to the Hirer via phone, text message and/or email.
The Hirer acknowledges that any incidental fees or charges will be debited from the Hirer’s debit or credit card immediately.
LIABILITY
The Hirer agrees that it hires and uses the Equipment at its own risk.
The Hirer acknowledges that the Owner is not responsible for the conduct or activities of any person that uses the Equipment and that the Owner is not liable for such under any circumstances, including any injury to the person.
The Hirer is wholly responsible to the Owner for the safekeeping of the Equipment during the Hire Period and must ensure the Equipment is stored safely and securely on the Premises at all times during the Hire Period.
The Hirer indemnifies the Owner for any loss, claim or damage to the Equipment during the Hire Period.
Where the Equipment is damaged beyond repair or lost, the Hirer shall pay the Owner the replacement cost of the Equipment at market value.
The Hirer indemnifies the Owner against all third party claims, consequential loss or losses, including but not limited to: damage, loss or destruction of any property or in respect of personal injury or death of anybody in any way caused by or relating to the Equipment or its use during the Hire Period.
The Owner shall not be liable to the Hirer in respect of any damage, consequential losses, including but not limited to: damage, loss or destruction of any property of the Hirer, or respect of personal injury or death of the Hirer, or its employees or contractors, or other related persons in any way caused by or relating to the Equipment or its use during the Hire Period.
The Hirer is responsible for checking the compatibility and suitability of Equipment hired from the Owner. The Hirer acknowledges that the Owner accepts no responsibility for Equipment compatibility with equipment that has not been hired from the Owner.
The Hirer will not raise any Claim against the Owner in relation to this Agreement.
BREACH OF CONTRACT
The Hirer acknowledges that breaching this Agreement in any way will constitute a Breach of Contract, which may result in the Owner:
Reporting the Hirer’s details to local Police authorities or relevant bodies;
Engaging the services of a Mercantile Agency, Debt Collection Company and/or Solicitor for pursuit of the Hirer in court.
The Hirer accepts sole responsibility for any costs associated with Mercantile Serving or Recovery, Debt Collection Court filings or Legal services.
The Hirer accepts that If payment is not made within (7 days) interest on the outstanding amount will be charged at 1% above the current business overdraft rates for a facility up to $100,000.00.
GENERAL
Disclaimer. The Hirer acknowledges that they have not relied on any representation, warranty or statement made by the Owner, other than as set out in this Agreement.
Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
Time. Time is of the essence in this Agreement.
Governing Law. This Agreement is governed by the laws of the state of Queensland, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
Electronic Signing. The parties acknowledge and agree that this Agreement is binding upon each party if executed digitally and conveyed by electronic communication.
