Terms and Conditions

Terms & Conditions of Hire

1. DEFINITIONS

In this agreement the following expressions shall have the following meanings: –

1.1 The “Owner” and the “Company” is East Coast Big Screens Pty Ltd

1.2 The “Hirer” is the person, business or corporation hiring equipment from the Owner.

1.3 The “Equipment” and the “Hired Goods” means all equipment, plant, tools, accessories, parts and motor vehicles supplied to the Hirer.

2. CALCULATION OF CHARGES

2.1 Charges are based on time out not time used.

2.2 One day’s hire is for twenty-four (24) hours work in twenty-four (24) hours.

2.3 One week is seven (7) consecutive days including weekends and holidays.

3. ACCIDENT

The Hirer will immediately notify the Owner of any accident involving its equipment.

4. LOSS

The Hirer will be liable for the cost of replacement of equipment lost or stolen while in its possession. The Hirer agrees to advise the Owner immediately of the loss, theft or damage, waiver does not apply to loss or theft.

5. DAMAGE WAIVER

Unless the Hirer directs in writing to the contrary, the Company will provide insurance for accidental damage to the equipment and the Company thereby agrees to waive its rights to claim from the Hirer for any loss of or damage to the Equipment. The waiver shall only apply to damage which was caused by fire, storm, earthquake, collision or accident and in the case of theft will not apply. The Hirer is to ensure their full understanding of these Damage Waiver conditions.

  • The Company shall be responsible for the cost of repairs or the cost of replacement of the hired goods caused by damage to the hired goods during the hire period, subject to the exclusions listed
  • This clause in no way entitles the Hirer to, or implies the availability of compensation from the  

     Company for any liability incurred by the Hirer in relation to the use of the Hired Goods

  • This clause will not continue to operate after the expiration of the Hire Agreement unless an extension by the Company is granted in writing and an additional fee is paid
  • This clause will not apply to loss or damage which in any way relates to or arises out of:

Burglary or theft

Breach of any statutory laws or regulations in connection with the use of the Hired Goods by the Hirer

Misuse, abuse, wilful and or malicious acts, negligent and or reckless use and or overloading of the Hired Goods

Theft, loss or damage by whatever cause to tools and or accessories supplied with the Hired Goods including but not limited to, electric leads, Wireless Video Links, Ethernet/Internet Devices.

Disregard for instructions given to the Hirer by the Company in respect of the proper use of the Hired Goods or in contradiction of the Manufacturer’s instructions if supplied with the Hired Goods at the time  of hiring

Unexplained disappearance of the Hired Goods

Theft of the Hired Goods in circumstances where on site security is available including, but not limited to, locked yards, building and sheds, where this security is not used by the Hirer to secure the Hired Goods whilst they are left unattended

Loading or offloading of Hired Goods using any lifting device causing the Hired Goods to leave the earths surface of any sort for any reason

6. HIRING CHARGES

The Hirer will pay the hire charges at the rate and in the manner specified during the hire period. The Hirer schedule of rates may be subject to alteration by mutual agreement between the Hirer and Owner if the agreed period of hire is altered in any way by the Hirer.

7. PAYMENT

Net Cash Terms Hirers are required to pay a 50% deposit upfront. Accounts are due and payable at the end of the Hire period. Hire, delivery, installation and collection charges or other charges where applicable are payable on strictly net cash terms unless otherwise specified. Where credit is extended terms are cash Seven (7) days from last date of Hire.

8. CANCELLATION

Cancellations made 3 days or more in advance of the event date, will receive a 100% refund. Cancellations made within 1 – 2 days will incur a 10% fee. Cancellations made within 24 hours to the event will incur a 25% fee.

9. LATE PAYMENT

Interest is payable on any amounts outstanding at the end of the hire period at the rate of 8% per annum.

10. EQUIPMENT FAILURE

If equipment becomes unsafe or in a state of disrepair, the Hirer agrees to immediately discontinue use of equipment and to notify the Owner immediately. The Hirer will on no account attempt to repair the equipment without the consent of the Owner and will immediately return the equipment to the Owner’s premises if required to do so by the Owner. If the failure is caused by reasonable wear and tear and for no other reason including the Hirer’s negligence or misuse, the Owner agrees, in its discretion, to:-

10.1 Repair the equipment within a reasonable time;

10.2 Make similar equipment available, or

10.3 Adjust the rental charge.

Weather Conditions: The Hirer acknowledges that extreme weather conditions (e.g., severe storms, high winds, or extreme temperatures) may affect equipment performance or safety. In such cases, if equipment failure occurs due to such weather conditions, the Owner will assess the situation and may provide remedies as outlined above, subject to the impact of the weather. However, the Owner shall not be liable for any loss or inconvenience caused by equipment failure due to adverse weather conditions.

The Owner shall in no circumstances be liable for any loss sustained by the Hirer.

11. INDEMNITY

The Hirer agrees to accept full responsibility for all claims in respect of any injury to persons, loss of  productivity or loss or damage to property, arising out of the delivery, servicing, storage, possession, use  or failure of the equipment during the hire period whether or not due to the negligence of the Owner, its  employee or agent or any other person and agrees to indemnify the Owner with respect to these claims.  The Hirer will not allow any lien to be created over the equipment nor sell, transfer, mortgage or charge the equipment and will indemnify the Owner against any losses or expenses incurred as a result of its loss  of possession of the equipment for any of these reasons.

12. SEVERABILITY

The provisions of this contract shall be severable, so that the invalidity, unenforceability, or waiver of any of the provisions shall not affect the remaining provisions.

13. JURISDICTION

The law relating to this agreement shall be the law of the State of New South Wales.