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1.         Definitions

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.

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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.

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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.

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1.         Cancellation

1.1       If through circumstances beyond its control, TE is unable to provide the stated equipment or services, then TE may:

(a)        substitute reasonably equivalent equipment or services; or

(b)        cancel any order (even if it has already been accepted) by written notice to the Client.

1.2       TE may cancel the Client’s order if the Client becomes bankrupt or insolvent or has a liquidator, administrator or similar functionary appointed in respect of its assets.

1.3       The Client may cancel any order at any time, but will forfeit any fees paid in full.

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1.         Delivery, Collection and Return of Equipment

1.1       The Client must allow TE (or must obtain from the premises owner) access to the equipment at all reasonable times to deliver, set up, pack up, inspect, test, adjust, maintain, repair or replace it.  The Client is responsible for providing TE with safe and proper access to the premises and is liable for all injury, loss or damage suffered by TE, its employees or agents while at the premises.

1.2       If the Client requires any change to the time of delivery or removal of the equipment it must promptly notify TE in writing.  TE in its absolute discretion may accept or reject such request.  If TE accepts such request, additional fees may apply. 

1.3       If TE is unable to deliver or collect the equipment at the premises, it may charge the Client for delivery and collection charges for each unsuccessful attempt. 

1.4       The Client must make the equipment available for collection by TE at the end of the Hire Period in a working, complete and clean state.

1.5       If the Client fails to return the equipment at the end of the Hire Period, the Client agrees:

(a)        to pay TE the daily hire charge for each item for each day from the end of the Hire Period until the equipment is returned or until adequate compensation is made to TE; and

(b)        that TE is entitled to enter the premises for the purpose of repossession of the equipment.  The Client must indemnify TE from any liability arising to TE or claims from any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising. 

1.6       TE’s assessment as to quantity and condition of equipment prior to dispatch and on return is final.

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1.         Client’s Responsibilities

1.1       During the Hire Period and at any time the equipment remains in the possession or under the control of the Client, the Client:

(a)        is responsible for and bears the risk of all loss and damage to the equipment, including caused by fire, water, storm, collision, accident, theft, burglary or power surge;

(b)        is responsible for using the equipment in a careful and proper manner and in strict conformity with its instructions or specifications;

(c)        must comply with all relevant laws applicable to the operation of the equipment;

(d)        must keep the equipment at the premises, unless written permission for its removal/relocation is obtained from TE;

(e)        must maintain and return the equipment in the same condition as at the time of delivery;

(f)         must not sell, mortgage, sublet, assign or otherwise dispose of the equipment (or attempt to do so);

(g)        must immediately notify TE of any failure of the equipment during the Hire Period; and

(h)        must, within 7 days of demand, pay TE for any damage or loss to any of the equipment, sustained whilst the equipment is or was in the Client’s possession or under its control. 

1.2       If the Client requires the equipment to be installed or affixed to any part of the premises, then the Client:

(a)        consents to the installation of the equipment, including any alterations required to effect such installation;

(b)        acknowledges that the equipment is not and will not become a fixture;

(c)        warrants that it has obtained the consent of the owner of the premises to the matters referred to in (a) and (b) above; and

(d)        acknowledges that it has the sole responsibility to effect any reinstatement works necessary at the premises at the end of the Hire Period.

1.3       Where the Hire Period exceeds 7 days, the Client must take out and maintain its own insurance for loss, damage or theft of the equipment to its full replacement value. The Client must provide TE with evidence of such insurance policy upon TE’s request.

1.4       The Client acknowledges that TE is not responsible for the inexperience of the Client or operator of the equipment, which causes damage or non-operation of the equipment during the Hire Period.  The Client will remain liable to pay all hire charges, unless the operator is provided by TE.

1.5       The Client acknowledges that TE may charge the Client for:

(a)        the cost of repairing or replacing any lost, damaged or destroyed equipment; and

subsequent lost hire charges as a result of the equipment being lost, damaged or destroyed until the equipment is repaired or replaced

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1.      Breakdown or Defect

1.1       The Client must carefully inspect the equipment upon delivery and notify TE within 4 hours of any defect or discrepancy.  Any equipment not notified within this time will be charged for in full.

1.2       Breakdown or defect in the equipment resulting from:

(a)        proper or ordinary use; or

(b)        the development of an inherent fault or faults not ascertainable prior to start of the Hire Period;

          may, at TE's option, either be repaired on premises or the equipment replaced and redelivered at TE's expense.

1.3       If repair is impracticable and if replacement equipment is not available, the proportional charge for the broken or defective equipment will be credited to the Client.  To the extent permitted by law, TE will not have any other liability whatsoever to the Client.

1.4       No relief from hire charges or any claims will be allowed by TE where:

(a)        the Client’s event has been delayed or cancelled for reasons out of TE's control (including, without limitation, inclement weather); or

(b)        the Client fails to notify TE of any defect or breakdown of equipment immediately when it occurs.

1.5       The Client must not repair, alter, interfere or tamper with the equipment, nor allow any other person to do so.

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1.         Miscellaneous

1.1       The law of Victoria from time to time governs these Terms. 

1.2       TE’s failure to enforce any of these Terms shall not be construed as a waiver of any of TE’s rights.

1.3       If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.

1.4       A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee.  Notices sent by pre-paid post are deemed to be received upon posting.  Notices sent by facsimile or email are deemed received on confirmation of successful transmission.