Adelaide Film Hire

TERMS AND CONDITIONS OF HIRE

1. As and from the agreed date Adelaide Film Hire shall hire to you, and you shall take on hire from Adelaide Film Hire, the agreed equipment (“the Equipment”) for the agreed hire fee applicable to the Equipment on these Terms and Conditions for the Hire Period.

2. As and from the time you take Delivery of the Equipment, all risk of and associated with the Equipment shall pass to you and you shall indemnify and keep indemnified Adelaide Film Hire against all losses, costs and expenses associated with or arising from the use or possession of the Equipment (including damage to the Equipment inflicted or caused (whether directly or indirectly) by a third party) until such time as the Equipment is returned to Adelaide Film Hire.

3. You acknowledge that you have inspected the Equipment and as a result of that inspection you were satisfied as to the condition, quality and safety of the Equipment, and the fitness of the Equipment for your purpose and the compliance of the Equipment with Adelaide Film Hire’s description.

4. You shall not remove the Equipment from South Australia or otherwise relocate the Equipment without the consent of Adelaide Film Hire.

5. You must only operate the Equipment in accordance with recognised methods and standards for Equipment of its type.

6. If you request an extension to the Hire Period Adelaide Film Hire may, at its sole discretion, grant an extension to the Hire Period, in which event these Terms and Conditions will continue to apply to the hire arrangement.

7. Adelaide Film Hire may terminate the hire arrangement prior to the expiry of the Hire Period if you fail to pay the agreed hire fee or fail to provide a deposit as may be required by Adelaide Film Hire or if you commit a breach of any of these Terms and Conditions (each a “Termination Event”).

8. You must give reasonable notice to Adelaide Film Hire in writing of any faults, damage or failure to operate of the Equipment or of the need for any service, maintenance or repair. Adelaide Film Hire will use its best endeavours to repair or replace the Equipment in a timely manner, but will not be held responsible for any loss or damage suffered by you as a result of the fault, damage or failure to operate of the Equipment.

9. You grant Adelaide Film Hire the right, and will use your best endeavours to ensure that others grant Adelaide Film Hire the right, at all reasonable times upon Adelaide Film Hire giving you reasonable notice and without unduly interfering with your operations, to inspect the state of repair of the Equipment and do any other act, matter or thing which may be required to be done to protect Adelaide Film Hire’s rights in the Equipment.

10. You shall be responsible for the cost of any repairs that are required to be made to the Equipment as a result of your negligent or wilful damage to the Equipment that occurred during the Hire Period.

11. You must not without Adelaide Film Hire’s prior written consent alter or repair the Equipment or make any addition to the Equipment.

12. You must not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Equipment.

13. You agree to use, operate and possess the Equipment at your risk. You agree that Adelaide Film Hire will have no responsibility or liability for any loss or damage to any of your Property. To the full extent permitted by law, you release and discharge Adelaide Film Hire and its agents and employees from all claims and demands on Adelaide Film Hire and any loss or damage whatsoever and whenever caused to you or your agents or employees whether by way of death of, or injury to, any person of any nature or kind, accident or damage to Property, delay, financial loss or otherwise arising directly or indirectly from or incidental to a breakdown of, or defect in, the Equipment or any accident to or involving the Equipment or its use, operation, repair, maintenance or storage (whether occasioned by the negligence of Adelaide Film Hire or otherwise) or which may otherwise be suffered or sustained in, upon or near the Equipment.

14. In no event will Adelaide Film Hire be liable (whether before or after the expiry of these Terms and Conditions) for any loss or damage which you suffer arising from, or caused or contributed to by, Adelaide Film Hire’s negligence or the negligence of Adelaide Film Hire’s servants or agents, or special, indirect or consequential loss or damage as a result of a breach by Adelaide Film Hire of these Terms and Conditions including, but not limited to, loss of profits or revenue, the costs arising from the loss of use of the Equipment and the costs of any substitute Equipment of which you acquire use.

15. Upon the expiry or earlier termination (by a Termination Event) of the Hire Period, you shall immediately surrender and yield up the Equipment to Adelaide Film Hire at your expense. If the Equipment is not surrendered and yielded up to Adelaide Film Hire as and when required, Adelaide Film Hire may retake possession of the Equipment. For that purpose, Adelaide Film Hire and its employees and agents, may, without notice, liability or legal process, enter upon or into the location of the Equipment and may break open any gate, door or fastening.

16. You may not withhold from any payment or offset against any payment due to Adelaide Film Hire any amount in respect of any amount owed by or claimed against Adelaide Film Hire.

17. You will be liable to Adelaide Film Hire for all costs and expenses (including legal costs) incurred by Adelaide Film Hire in the collection of any overdue account, or incurred due to any breach or default of these Terms and Conditions, and shall pay the same to Adelaide Film Hire immediately upon notice or demand.

18. You will pay interest on amounts due to Adelaide Film Hire that are over the payment terms at the rate of 10% per annum accrued daily and compounded calendar monthly from the date payment is due to the date on which payment is received by Adelaide Film Hire.

19. All payments received from you by Adelaide Film Hire shall be applied in the following order: firstly, as reimbursement of any collection costs incurred by Adelaide Film Hire; secondly, in payment of any interest charged by Adelaide Film Hire; thirdly, in satisfaction or part satisfaction of the oldest portion of your account.

20. The agreement to hire is subject in all respects to the laws of the State of South Australia, and you agree to submit to the non-exclusive jurisdiction of the Courts of the South Australia in respect of any claim, dispute or difference arising out of or in connection with the agreement to hire.

21. These Terms and Conditions shall be read subject to the Competition and Consumer Act 2010 (Cth) and to any implied terms, conditions or warranties imposed by that Act or any other Commonwealth, Territory or State legislation insofar as such legislation may be applicable and prevents either expressly or impliedly the exclusion or modification of any such term, condition or warranty, and our liability shall be limited to the maximum extent permitted by law.

22. Definitions:
22.1. Delivery means the delivery of the Equipment to you by or on behalf of Adelaide Film Hire or the taking possession of the Equipment by you under the agreement to hire, as the context requires or permits;
22.2. Hire Period means the period previously agreed in writing between you and Adelaide Film Hire, plus any extensions agreed between you and Adelaide Film Hire;
22.3. Property includes any estate and any interest in any real, personal, movable or immovable property of any description and in any location, whether in possession or not, including (without limiting the generality hereof) policies of assurance or endowment, cash and choses in action.