- Terms and Conditions of Hire
1. Definitions
1.1. "Company" refers to Music Technology Hire Pty (ACN: 666 459 678), the provider of music technology equipment for hire.
1.2. "Hirer" refers to the person, company, or entity hiring the equipment from the Company.
1.3. "Equipment" refers to all items provided by the Company to the Hirer, including but not limited to musical instruments, audio equipment, computers, and any accessories.
1.4. "Hire Period" refers to the period for which the Hirer has agreed to hire the Equipment, as specified in the Hire Agreement.
1.5. "Hire Agreement" refers to the agreement, either written or verbal, between the Company and the Hirer for the hire of Equipment.
2. Hire Agreement
2.1. The Hirer agrees to hire the Equipment from the Company for the Hire Period as specified in the Hire Agreement.
2.2. The Hire Agreement becomes effective upon the signing by both parties or when the Equipment is delivered to or collected by the Hirer, whichever occurs first.
2.3. The Company reserves the right to refuse any hire request at its sole discretion.
2.4. Any material change in this contract regarding terms should be discussed in good time and in good faith.
3. Payment Terms
3.1. The Hirer agrees to pay the hire fees as outlined in the Hire Agreement. All payments must be made in Australian dollars.
3.2. A deposit equivalent to 4 weeks' hire fee is required in advance, which will be offset against the final 4 weeks of the Hire Period.
3.3. All other payments will be invoiced in 4-week cycles, in arrears.
3.4. Full payment of the hire fees must be made prior to the delivery or collection of the Equipment unless otherwise agreed in writing by the Company.
3.5. The Hirer is responsible for any additional charges incurred during the Hire Period, including but not limited to late return fees, damage fees, or loss of Equipment.
3.6. Unless previously agreed, the hire fees will not be subject to any reductions or waivers.
4. Collection and Return
4.1. Equipment can be collected from the Company’s premises at 5 Bayside Avenue, Port Melbourne, VIC 3207.
4.2. Delivery of Equipment within the Melbourne metro area can be arranged for an additional fee. The cost of delivery will be provided upon request and must be agreed upon by the Hirer prior to the Hire Period.
4.3. The Hirer is responsible for inspecting the Equipment upon collection or delivery and must notify the Company immediately of any defects or discrepancies. Failure to do so will be deemed acceptance of the Equipment in good condition.
4.4. The Hirer is responsible for the return of the Equipment to the Company in the same condition as received, fair wear and tear excepted.
4.5. Any breach of the contract, including failure to pay within the given terms, will entitle the Company to repossess any or all of the Equipment.
5. Use of Equipment
5.1. The Hirer is permitted to use the Equipment only for the purpose for which it is designed.
5.2. The Hirer agrees to use the Equipment in a proper and careful manner and only for its intended purpose.
5.3. The Hirer must ensure that the Equipment is operated by a competent and qualified individual.
5.4. The Equipment must not be used in a way that is unlawful or could cause harm to any person or property.
5.5. The Hirer must not make any alterations, modifications, or repairs to the Equipment without the prior written consent of the Company.
6. Maintenance, Damage, and Loss
6.1. The Hirer is responsible for maintaining the Equipment in good condition during the Hire Period.
6.2. The Hirer is responsible for all loss or damage to the Equipment. Breakages, theft of, and unreturned items will be charged at replacement cost.
6.3. The Hirer must immediately notify the Company of any damage, malfunction, or loss of Equipment.
6.4. The Hirer shall be liable for any damage or loss to the Equipment during the Hire Period, including costs for repair or replacement as determined by the Company.
6.5. The Company will provide a replacement for faulty Equipment, subject to availability, but shall not be liable for any loss or damage resulting from the Equipment's failure.
7. Testing and Tagging of Equipment
7.1. All electrical Equipment provided by the Company for hire is tested and tagged in accordance with the AS/NZS 3760 standard for in-service safety inspection and testing of electrical equipment.
7.2. The Equipment is supplied with a test and tag that is valid for a maximum period of 1 year from the commencement of the Hire Period.
7.3. If the Hire Period exceeds 1 year, or if the Equipment is in use beyond the test and tag expiry date, the Hirer is responsible for arranging and covering the cost of any required re-testing and re-tagging to maintain compliance with safety standards.
7.4. The Hirer agrees not to tamper with, remove, or alter any safety tags or labels on the Equipment.
7.5. The Hirer is responsible for ensuring that the Equipment is used in accordance with safety guidelines and standards, including ensuring that the Equipment is not subjected to conditions that may compromise its electrical safety.
7.6. If the Equipment is moved to a different location or exposed to conditions that may affect its safety (e.g., exposure to water, high temperatures, or physical damage), the Hirer must notify the Company immediately. The Company may require additional testing and tagging to be performed at the Hirer’s expense.
8. Insurance
8.1. The Hirer will be issued with an approximate value of the Equipment for insurance purposes. The Hirer is responsible for obtaining adequate insurance coverage for the Equipment against all risks, including but not limited to damage, theft, and loss, for the duration of the Hire Period.
8.2. The Hirer must also have Public Liability Insurance in all regards related to the use of the Equipment.
8.3. Proof of insurance may be required by the Company prior to the release of the Equipment.
9. On-Site Services and Call-Outs
9.1. If personal services are required on-site at any point during the Production or Event, the Hirer agrees to cover all reasonable expenses and per diems.
9.2. A daily rate for expertise and labor will also apply. Any call-outs must be pre-approved by the Hirer.
10. Liability and Indemnity
10.1. The Hirer shall at all times and in all respects indemnify Music Technology Hire Pty in respect of any and all actions, proceedings, costs, claims, and demands whatsoever brought by any person arising from death of, or injury to any person, or damage to property caused by or arising out of, the use of the hired Equipment in any manner whatsoever, whether such liability arises under statute or common law or howsoever.
10.2. Music Technology Hire Pty shall not be liable to the Hirer for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill, or business opportunity, or for any indirect or consequential loss or damage howsoever caused, including but not limited to failure for the provided Equipment or service to operate in accordance with its intended means of operation.
10.3. The aggregate liability of Music Technology Hire Pty to the Hirer in respect of claims arising out of or in connection with this agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the amount paid by the Hirer to Music Technology Hire Pty in respect of this contract.
11. Cancellation Policy
11.1. The Hirer may cancel the Hire Agreement by providing written notice to the Company.
11.2. Cancellations made within 10 business days of the commencement of the Hire Period may incur a cancellation fee as specified in the Hire Agreement.
12. Termination
12.1. The Company may terminate the Hire Agreement with immediate effect if the Hirer breaches any terms of the agreement or if the Company reasonably believes that the Hirer will be unable to pay the hire fees or otherwise comply with the agreement.
12.2. Upon termination, the Hirer must immediately return all Equipment to the Company in good condition.
12.3. Any costs incurred by the Company in recovering the Equipment will be charged to the Hirer.
13. Governing Law
13.1. These Terms and Conditions of Hire are governed by and construed in accordance with the laws of the State of Victoria, Australia.
13.2. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
Music Technology Hire Pty Ltd
ACN: 666 459 678
