Terms and Conditions
These Terms and Conditions take effect from the first day of November 2001, and may be revised thereafter without specific notification to a Hirer or Purchaser.
The publication of the Terms and Conditions of Soundequip Pty Ltd on its website and any subsequent variations thereof shall be deemed to be acceptance of them by a Hirer or Purchaser.
The revisions of these Terms and Conditions take effect from the first day of Feb 2010. For the purposes of these Terms and Conditions, Soundequip Pty Ltd is known as The Company; any person, firm, corporation or entity hiring equipment is known as The Hirer; any person, firm, corporation or entity purchasing equipment, materials or expendables is known as The Purchaser.
Any person, firm, corporation or entity purporting to hire or purchase equipment, materials or expendables on behalf of another person, firm, corporation or entity may be deemed by The Company to be The Hirer or The Purchaser, or the joint-Hirer or joint-Purchaser, if the designated person, firm, corporation or entity defaults on liability for the equipment or payment for relevant hire, purchase or other costs.
2. Collection and Return
Equipment, materials or expendables hired from or purchased from The Company will be collected from or returned to The Company at its place of business during normal business hours.
Delivery and return, whether arranged by The Company or not, is at The Hirers or The Purchasers risk and exposure.
Hired equipment is normally available for collection from The Company's premises between 4.30pm and 5.30pm the business day prior to the commencement of the rental period, or otherwise by agreement.
Return of hired equipment should be by 5.30pm on the final day of the rental period, or otherwise by agreement.
Hired equipment or returned purchased equipment must be returned to The Company securely and not left outside The Company's premises.
Delivery and pick up expenses will be charged by The Company to The Hirer or The Purchaser, as the case may be.
3. Statutory Charges
Goods and Services Tax at 10% is applicable to all sales, hires, or services rendered.
Sales of equipment or materials to be exported from Australia may be exempt from GST. Purchasers must supply adequate documentation to be exempted from GST.
Other statutory charges may take effect without the requirement of notification by The Company to The Purchaser or The Hirer.
4. Liability of Purchasers
Title to equipment, materials or expendables does not pass to The Purchaser until full payment is received by The Company. Goods despatched by The Company by whatever means are the responsibility of The Purchaser from the time they leave our store. Any goods returned for repair or refund are the responsibility of The Purchaser. It is recommended Purchasers take out adequate insurance to cover loss or damage.
5. Liability of Hirers
Except for normal wear and tear of rental equipment The Hirer assumes all responsibility for damage to and/or loss of rental equipment. Normal wear and tear is as defined by the Company.
The Company will not be liable for any loss or damage by hired equipment, whether to The Hirer or its property or to any other person, firm, corporation or entity or its property, nor will The Company be liable for any delay or failure thereof, or for any interruption of use of same or loss resulting therefrom.
The Company's liability, if any, for furnishing the wrong or defective equipment to The Hirer is limited to a rebate of the rental charged for the specific items of equipment until The Company offers the correct or operational equipment at it’s premises.
The Hirer hereby indemnifies The Company, its directors, its agents and employees from liability for any or all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatsoever kind or nature arising out of the use and/or condition of the equipment, including without limitation latent and other defects whether or not discoverable by The Company.
The Hirer must ensure that the equipment is used in a careful, skilful and proper manner, and only by persons having the appropriate qualifications and experience and who are familiar with the equipment.
Equipment must not be used on any abnormal or hazardous assignment, be taken to places of potential war or insurrection, be taken from the ground other than on a regular scheduled flight by a recognised airline, be taken on boats, be taken on ships other than on a regular scheduled sailing by a recognised shipping line, be taken on vehicles normally used for sporting purposes, be taken on any unusual means of transport.
Equipment must not be used in adverse environmental conditions or in conditions of high levels of pollution that might be detrimental to the equipment, or be taken in the vicinity of salt water or dust.
Equipment must not be taken out of Australia without the permission of the company.
The Hirer will not assign, transfer or sublet its rights, responsibilities or liabilities under the hire agreement, and will not pledge mortgage or encumber the equipment. The Hirer will not permit the equipment to be subjected to any lien, charge or encumbrance.
In the event of loss or damage to the hired equipment, The Hirer agrees to pay The Company all costs and expenses of such repair or replacement, which is at the discretion of The Company, and to pay rental at the current rate prevailing at the time for such period of time the loss or damaged equipment is repaired or replaced, up to a maximum of thirteen weeks, the latter eventuality being specifically not covered under The Company's insurance policy. The Hirer is advised to make sure adequate insurance cover is obtained to cover these possibilities.
The hire period and The Hirer's liabilities commences when the equipment leaves the Company's premises and terminates when the equipment is returned in good condition.
Insurance for full replacement value of the equipment is the responsibility of The Hirer.
A Certificate of Currency must be provided by The Hirer's insurer nominating The Company as beneficiary unless The Hirer requests in writing the use of The Company's insurance policy.
Where insurance cover is arranged under The Company's insurance policy, a charge will be made by The Company accordingly.
The Company will charge 10% of the hire fee and The Hirer is responsible for the first AUD$1500 excess plus GST on any one claim for equipment used in Australia, or AUD$2000 excess plus GST if the equipment is to be used outside Australia.
The insurance company used by The Company interprets whether the insured, being The Company, and ultimately The Hirer may be covered under the policy.
The Company's insurance policy is limited, and does not cover for example the rental period during which the equipment is being repaired or replaced, use outside of Australia unless specifically agreed by the Company, abnormal or hazardous assignments and the like. It does not cover for example misuse, mechanical electrical or electronic derangement, confiscation by customs or other authorities whether legal or otherwise, use in war zones or places of insurrection, equipment left unattended in locked or unlocked vehicles. The Company's insurers will not underwrite the failure to take reasonable precautions for the safety of equipment.
Failure by The Hirer to pay the rental and other charges within the applicable terms of payment of an invoice means The Company's insurance policy does not cover The Hirer. The applicable terms of payment are defined in Section 13 Terms below.
It is emphasised that notwithstanding any such insurance that may be in force, The Hirer remains liable for all risks, loss or damage and associated costs whilst the equipment is out of The Company's hands.
7. Interstate Hire
A minimum of two days will be charged for interstate hire.
8. Minimum Charge & Credit Card Payments
A minimum charge of AUD$35 will apply to all invoiced sales, hires and services plus credit card surcharge, insurance surcharge and statutory charges.
We accept Visacard, Mastercard and American Express only.
If payment is to be made by American Express, then a 1.5% surcharge applies.
Card payment is subject to authorisation.
Payment is not deemed to have been made if a card payment is refused by our bank.
Payment is not deemed to have been made if an invoice is paid by credit card without the credit card surcharge having been made.
9. Servicing of Hired Equipment
The Company is solely responsible for servicing hired equipment, or purchased equipment under or outside of warranty. Unauthorised service on hired or purchased equipment may void any warranty, and will not be paid by The Company. Rectification of unauthorised service, if required, will be charged to The Hirer or the The Purchaser, as the case may be.
Emergency service for The Hirer on location may be approved by The Company but does not exclude The Hirer from responsibility for payment for the rectification of the equipment to a normally usable condition.
10. Cancellation of Hire or Order
When all or part of a hire is cancelled within forty-eight hours of the commencement of a hire, then one day's hire fee shall be charged or one-half of the fee for the whole hire, whichever is the greater.
The period between midnight Friday and midnight Sunday is not calculated as part of forty-eight hours notice.
When a hire is based on a discounted or negotiated rate, and the term of the hire is reduced or the number of items of equipment is reduced, then the rate shall revert to The Company’s current standard rates for the hired equipment from the beginning of the hire period.
When an order is placed with The Company for the purchase of equipment or materials is cancelled prior to delivery of the goods, then The Company will charge either the quoted amount if within seven days of available delivery or twenty percent of the value of the goods if within thirty days of available delivery, at The Company's discretion, subject to the provisions of Section 12 Monetary Units and Foreign Currency in these Terms and Conditions.
11. Relevant Law
The laws of The Commonwealth of Australia apply to all business conducted by The Company.
The laws of The State of Victoria applies to all business conducted by The Company from its premises in Victoria.
The laws of The State of New South Wales apply to all business conducted by The Company from its premises in New South Wales.
Nothing contained herein excludes, restricts, modifies any conditions, warranty rights or remedy given by the Trade Practices Act 1974 (Australia), the Fair Trading Act 1986 (Victoria) or similar legislation in New South Wales.
Any part of this agreement that is in breach of any applicable Act of Parliament may be severed without affecting the validity of the remainder of this agreement.
12. Monetary Units and Foreign Currency
Monetary units quoted or published by The Company are in Australian dollars (AUD) unless otherwise specified.
Where an amount in Australian dollars is quoted by the Company for sales items not in stock and derived from overseas, it will be based on an exchange rate quoted by The Company.
Variations in the relevant exchange rate affect decisions by The Company to adjust prices in Australian dollars, but price increases or decreases are at the discretion of The Company.
If a quoted Australian dollar amount based on a foreign currency fluctuation increases by more than twenty percent The Purchaser has the right to cancel the order prior to delivery of the goods.
If a relevant foreign currency fluctuation occurs which might be seen by The Purchaser to decrease the Australian dollar cost of the goods, it is at The Company's discretion whether or not such decrease will occur.
Payment terms for Hirers or Purchasers without account status is payment prior to delivery.
Payment terms for Hirers or Purchasers with account status are fourteen days nett from date of invoice, providing previous accounts have been paid on time.
The Company can establish accounts for Hirers or Purchasers on the above basis subject to The Company's approval and providing accounts are paid within the above terms.
Overdue accounts will incur a fee of 2% per month or part thereof until fully paid.
The Company reserves the right to cancel the account status of Hirers or Purchasers in default of the above, to cancel any discount subject to time constraint not complied with, and demand and expect immediate full payment at current published rates.
The Company may request a deposit from Hirers prior to delivery for hired equipment up to the total value of the equipment as estimated by The Company either in the form of cash or bank guarantee.
The company may require a deposit as confirmation of order of goods by Purchasers of twenty percent or more, but at it’s discretion The Company may wave this requirement. The Company may retain any deposit paid for goods not collected or paid for within thirty days of notification that they are available.
15. Repairs and Returns
Customers requiring Service of repair of equipment must first request a Soundequip Return Authorisation Number (SRA) prior to return. A detailed written fault report must be provided with the SRA request, as well as documentation as to origin and date of purchase of goods.
Loss of or damage to goods sent to, or returned by The Company is at the risk of the person, firm, corporation or entity providing the goods to The Company for service or repair.
Soundequip reserves the right to dispose of goods repaired but not collected ninety days after the customer has been notified.
Return of purchased equipment, materials or expendables is at the discretion of The Company and must be authorised in writing prior to return. Returns must be made within fourteen days of purchase and is subject to prior approval in writing by the company.
The Hirer or The Purchaser, as the case may be, accepts the above conditions in full discharge and satisfaction of any or all rights or claims against The Company in respect of any defect in the equipment and agrees that The Company shall be limited as hereinbefore mentioned.
All other terms, warranties or conditions whether expressed or implied by statutory instrument, custom of the trade or practice or in any other way whatsoever are hereby expressly excluded.
Receipt or delivery of hired or purchased equipment or materials, or written or verbal order, by either The Hirer or The Purchaser, as the case may be, indicates agreement with these Terms and Conditions
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