Terms and Conditions
Customer hereby rents from Lateral Linking Broadcast (Int’l) Pty. Ltd. ("LL") the equipment upon the following terms and conditions.
1. RENTAL PERIOD: The normal rental period is on a daily basis or by agreement with LL, details of which will be shown on either our quote, delivery docket, rental agreement and/or invoice. Equipment should be returned prior to 12 noon the day following the last payable day of rental.
2. RENTAL: Customer shall pay the rental fee as applicable to LL by cheque, telegraphic transfer or Mastercard or Visa in agreement with the payment details on the relevant invoice. In the event that Equipment is not returned by 12 noon the working week day after the date notified on the relevant invoice, a late return fee equal to the daily rental rate shall continue to accrue until the Equipment is returned in full working order.
3. OTHER CHAGES: Customer shall be responsible for reimbursement to LL of all Stamp Duty or like duties or levies applicable by virtue of this transaction and shall reimburse LL for any Stamp Duty payable by LL in respect of the rental of the Equipment.
4. DELIVERY AND RETURN OF EQUIPMENT: Unless otherwise agreed and stipulated on relevant invoice, pick up and return of rental equipment shall take place at 26, 9 Old Powels Road, Brookvale, Sydney, Australia between the hours of 9.00am and 4.00pm only or by prior arrangement between the Customer and LL. Shipment of equipment when required by Customer may be effected if approved by LL to an address specified by Customer and at the expense and risk of Customer. Customer agrees to not ship equipment by post.
5. CUSTOMER'S COVENANTS: Customer agrees with LL that:
(a) the equipment shall remain the property of LL and the Customer is only a hirer of the Equipment on the terms and conditions set out in this agreement;
(b) the Customer shall not sell, charge, pledge or part with possession of Equipment;
(c) the Customer shall keep Equipment in its care unless written permission has been obtained from LL to relocate Equipment elsewhere;
(d) the Customer shall use Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so;
(e) the Customer shall notify LL immediately if any judgement or order is levied against Customer or property of Customer or if a petition is presented for the liquidation of the Customer or a Receiver is appointed or a scheme of an arrangement is proposed;
(f) the Customer shall permit LL or its agents or servants to enter the premises where Equipment is located at all reasonable times in order to inspect Equipment or carry out repairs to Equipment;
(g) the Customer requires and will utilise the Equipment for its business purposes;
(h) the Customer shall keep the Equipment in a safe and proper location;
(i) the Customer shall not alter the Equipment without the prior written consent from LL.
6. WARRANTY: LL warrants that each item of Equipment hired is of merchantable quality and reasonably fit for the purpose for which it was designed. Customer acknowledges that it has not relied upon any statement by LL in respect of Customer's purpose for utilisation of Equipment and that LL is not responsible or liable for the failure of Equipment to perform the purposes required by the Customer.
7. MAINTENANCE: LL shall at its expense provide routine maintenance and repair for Equipment and shall use its best endeavours to expeditiously repair or replace Equipment which becomes defective during the rental period through no default of the Customer. In the event that the Equipment does not operate properly Customer shall notify LL and request instructions before taking remedial action. The responsibility for advising LL of any need for repair rests with the customer. LL may at its option and for such length of time as it deems expedient replace Equipment with another of such type as shall for the time being be available and Equipment so substituted shall be subject to these conditions.
8. EARLY CESSATION: Notwithstanding the rental period LL expressly reserves to itself the right of early cessation which may be exercised on demand and at the absolute discretion of LL. In the event that LL so demands Customer shall forthwith return Equipment to LL. The applicable rental shall be adjusted and payable on a pro rata basis. For the purpose of the pro rating a week shall be of 4 days and a month shall be either of 10 or 12 days depending on the duration of hire.
9. SAFEKEEPING: Customer is responsible for the safekeeping of the Equipment and shall bear the risk of any loss, theft, damage or destruction of Equipment and in the event that Equipment shall require repair or replacement as a result of Customer negligence, misuse or abuse Customer shall bear cost of any such repair or replacement including any freight charges there occasioned. Customer shall forthwith pay to LL the new replacement cost as assessed by LL of the Equipment which is lost, stolen, destroyed or damaged beyond repair. Any article, item, document or thing supplied in conjunction with the equipment (including operations manuals) not returned to LL upon cessation of the rental period shall be charged to the account of the Customer at full replacement cost or $150 whichever shall be the greater amount. In respect to damage or loss of Equipment, rental period shall continue and Customer shall continue to pay rental until item has been repaired by LL, or new replacement cost has been paid by Customer. Alternately, an insurance levy may be paid by the Customer to LL by way of invoice with agreement by LL that insurance cover already in place with LL's insurers remain in place with acknowledgement by the Customer that any single loss, damage, theft or destruction of any Equipment shall incur a charge to the Customer for insurance excess up to and including $A3000 payable by Customer on receipt of Insurance Invoice (see Clause 14 herein).
10. CUSTOMER DEFAULT: If Customer is in breach of this Agreement then LL shall be entitled to treat this Agreement as breached and repudiated by the Customer and with or without notice terminate this Agreement whereupon the Customer shall immediately, at its own expense, return the Equipment to LL and any item, article, document or thing supplied in conjunction with the Equipment to LL and failing such return LL may repossess the Equipment. Any such termination shall not affect any right to recover any unpaid rentals and the right and obligations under clause 9. Further LL shall be entitled to recover damages until the Equipment is returned to it calculated in the same manner as if the rental was continuing until the Equipment is returned and is restored for rental.
11. SEAPRATE ITEMS OF EQUIPMENT: Where more than one item of Equipment is supplied under this Agreement in interpreting this Agreement the singular shall be read as the plural where appropriate and the rental shall be apportioned to each item of Equipment as set forth in this quotation and the conditions herein set forth shall apply separately to each individual item of Equipment as though each item of Equipment was subject to separate Agreement.
12. LIABILITY: In the event that the Equipment does not function as warranted or in the event of any breach by LL of the Agreement then to the extent permitted by law LL's liability (if any) for any loss, damage or injury whatsoever shall be restricted to the amount of the rental for the duration of the rental period in which the breach occurs and LL shall not be liable for any item of so called consequential loss by way of a CREDIT.
13. CONSUMABLES: LL is entitled to separately charge for consumables including but not limited to batteries supplied by LL for the everyday operation of the Equipment pursuant to this Agreement.
14. LOSS AND DAMAGE WAIVER: Subject to the terms and conditions set out in this agreement, LL has available rental asset optional loss and damage waiver ("the waiver option"). If Customer has elected the waiver option then the rental charge payable is increased by 10%. LL at its discretion may offer the waiver option to Customers where Equipment is to be located within the States and Territories of Australia. The Customer must immediately notify LL if the equipment is stolen, damaged or lost. Conditions in Clause 11 contained herein form part of the conditions in this Clause 14. Any loss, damage or theft of any Equipment must be reported to the Police immediately.
15. OVERSEAS INSURANCE: The Customer must advise LL at the time of requesting the rental of Equipment if all or any part of the Equipment is to travel outside the boundaries of the States and Territories of Australia. In the event that any or all of the rental equipment is to travel overseas then full comprehensive insurance cover for loss, damage, theft, malicious or otherwise is to be set in place prior to departure by the Customer and Equipment and proof of said insurance cover is to be faxed to LL prior to delivery of Equipment to the Customer. The Customer may request LL to provide overseas insurance for the period of the hire and on the agreement of LL to do so the Customer accepts liability for full insurance coverage fee to be invoiced to and paid immediately by the Customer. Any loss, damage or theft of any Equipment must be reported to the local Police immediately and a written report forwarded to LL.
16. SUNDRY: These Terms and conditions constitute the entire Agreement between LL and Customer with respect to Equipment and shall not be amended except in writing by LL and Customer does acknowledge and agree that all other (if any) warranties or suitability of the Equipment for any particular use or purpose whether implied or statutory are hereby excluded.
Lateral Linking Broadcast (Int’l) Pty. Ltd.
ABN 37111744275
1st Janurary 2009
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