In these Terms:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
Client means the person, jointly and severally if more than one, hiring equipment or obtaining services from TE;
consumer is as defined in the ACL and in determining if the Client is a consumer, the determination is made if Client is a consumer under the Contract;
Contract means any agreement for the hire of equipment or provision of services by TE to the Client;
equipment means all equipment, consumables and accessories supplied by TE to the Client;
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;
Hire Period means the time from when the equipment leaves TE’s premises until it is returned to it;
premises means the premises to which the equipment is delivered or is to be set up;
services means services supplied by TE to the Client, including (where stated) delivery, set-up, pack-up and crew services in relation to the equipment;
TE means Technical Events Pty Ltd; and
Terms means these Terms and Conditions of Hire.
1. Basis of Contract
1.1 Unless otherwise agreed by TE in writing, the Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms, including the Client’s terms and conditions of purchase (if any).
1.2 Any quotation provided by TE to the Client for the proposed supply of equipment or services is valid for 30 days, is an invitation to treat only and is only valid if in writing.
1.3 The Contract may include additional terms outlined in TE's quotation, which are not inconsistent with these Terms.
1.4 TE may vary or amend these Terms by written notice to the Client at any time. Any variations or amendments will apply to quotes issued or orders placed after the notice date.
1. Pricing and Payment
1.1 Prices quoted for the supply of equipment and services include GST and any other applicable taxes, duties or levies.
1.2 If the Client requests any variation to the Contract, TE may increase the price to account for the variation.
1.3 Where there is any change in the costs incurred by TE in relation to supplying the equipment or services, TE may vary its price to take account of any such change, by notifying the Client.
1.4 TE may charge additional hire fees where the actual period of hire exceeds the anticipated Hire Period.
1.5 Unless otherwise agreed with TE, payment for the hire of equipment and supply of services must be made:
(a) in full in advance of the Hire Period; and
(b) at the time and in the manner specified by TE.
TE may withhold supply of the equipment or services until the required payments have been made.
1.6 Payment made by cheque or electronic funds transfer (EFT) is not deemed made until the proceeds of the cheque or EFT have cleared.
1.7 TE may require a security bond (Bond) to be paid in addition to any equipment hire or service fees. TE may apply the Bond against any amounts payable by the Client under the Contract. Any portion of the Bond not applied will be refunded by TE to the Client within 10 days of return of the equipment.
1.8 Payment terms may be revoked or amended at TE’s sole discretion immediately upon giving the Client written notice.
1.9 The time for payment is of the essence.
1.10 TE may charge the Client interest on any overdue amounts owed to TE, at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 2%, for the period from the due date until the date of payment in full.