Terms and Conditions - Production
A. BOOKINGS, PAYMENT, TIMES, COPYRIGHT
1. BOOKINGS are accepted subject to availability and may either be CONFIRMED at
the time of booking, or if subject to change, may be placed on HOLD up until 48-hours
of the CALL TIME. Unless CANCELLED or negotiated prior to 48-hours of the CALL
TIME, a HOLD is automatically considered CONFIRMED.
2. Once a BOOKING is Confirmed it may still be Cancelled however CANCELLATION
FEES will apply at the rate of 50% within 48 hours and 100% within 24 hours of the Call
Time.
3. A HOLD may be cancelled by either party.
4. COPYRIGHT of all recorded materials remain the property of Creative Kicks Media
until full & final payment has been received.
5. PAYMENT TERMS are strictly 14 DAYS from the date of INVOICE
6. LATE PAYMENT may result in LATE FEES being charged at the rate of 10% per
month. Failure to pay within 60 days of the Invoice date may result in legal action. All
legal costs incurred will be charged to the production company / booking agent / source.
7. Listed RATES apply locally, and are offered as a guide-only with fees subject to change
with job-specifics.
8. TIMES are measured from Call-time to Wrap in Melbourne-metro, and Portal-to-
Portal in all other national & international Locations, inclusive of lunch, travel &
appropriate breaks.
9. WRAP is defined as Departure-From-Final-Location, with point (B.2) being the
exception.
10. OVERTIME is measured per hour or part-thereof, and applies to all Productions
unless specifically negotiated.
11. WEATHER HOLDS or SPECIAL REQUIREMENTS to be specifically negotiated.
12. Bookings are taken in 4-hour (half-day), 8-hour (full-day), 10-hour (extended day
rate) increments, with overtime charged beyond the hours. All other roles will bill an 8-
hour fee once beyond 4-hours.
13. Jobs running short will be billed as per original booking, regardless of an early Wrap.
14. The extent of Creative Kicks Media LIABILITY due to illness errors, omissions, or
professional and technical & mechanical failures, and/or effects of crime shall be limited
to the equivalent of the Booking’s daily fee.
15. ORIGINAL RECEIPTS will be retained for Creative Kicks Media, accounts, and
charges will be itemised on the invoice.
B. TRANSPORT & MILEAGE
1. Quoted RATES include a Transport Allowance around Melbourne-METRO up to
30km/day. Beyond 30km/day, MILEAGE / KM charged at Au$1/km.
2. LOCATIONS BEYOND 30KM of the Melbourne GPO (and considered within
Melbourne) will start consuming the 30km Transport Allowance from the 30km
boundary onward. CALL TIME will be calculated accordingly, and where applicable,
returning to the 30km boundary will be considered the WRAP time. For ease of
reference, 1km equals 1 minute.
3. When embarking on a ROAD-JOURNEY out of Melbourne, MILEAGE is charged
from outset of journey at A$1/km, and TIMES measured on a Portal-to-Portal basis.
4. All TOLLS, PARKING FEES or CHARGES incurred in the course of Production,
from Call-time to Wrap, will be billed to the Production.
5. TRANSPORT provided by the Production must meet adequate health safety &
security standards, or be negotiated otherwise with considerations as to the nature of the
production.
C. EQUIPMENT & TAPE / DISC STOCK
1. EQUIPMENT outlined on the Rates-List is a guide, and equipment brought onto
Location will be accepted as that which Creative Kicks Media deems necessary & most
effective.
2. Special EQUIPMENT REQUESTS will be adhered to as closely as possible. Where
specific models/items are unavailable, a suitable replacement will be sought.
Shortcomings will be communicated ahead of time.
3. RENTAL EQUIPMENT sourced on behalf of a Production incurs a 20% handling fee,
in addition to tolls and charges incurred during pick-up & return.
4. In the unlikely event of TECHNICAL FAILURE involving equipment owned by
Creative Kicks Media, reasonable reparations in the form of Bill Discount or Credited
Hours will be negotiated for any lost time for the day of the incident only. The extent of
Creative Kicks Media, LIABILITY shall be limited to the Booking’s daily fee.
5. In Melbourne, Creative Kicks Media, shall bear the cost of equipment replacement.
For all other Locations, the Production shall bear the cost of equipment replacement.
6. No responsibility shall be accepted for equipment rented on behalf of the Production.
7. No responsibility accepted for lost opportunity, lost imagery or sound arising from
technical failure.
D. LOCATIONS & WORKPLACE
1. A SAFE WORKPLACE is always maintained.
2. Productions planning to shoot in HOSTILE ENVIRONMENTS must advise Creative
Kicks Media prior to Confirmation. Such environments include exposure to salt, sand,
water or dust, biological and chemical agents, civil unrest and declared hostilities.
3. Location should have access to catering facilities, otherwise be catered by Production,
or Crew should be informed of special requirements prior to the shoot.
4. EQUIPMENT DAMAGE caused by handling by unauthorised persons or the actions
of persons associated with or employed by the Production will be charged to the
Production. Authorisation is restricted to senior persons in the camera, sound, lighting &
grip departments.
E. TRAVEL
1. AIRPORT TRANSFERS and or AIRPORT PARKING are billed to the Production.
2. International & National Travel measured on a ‘Portal-to-Portal’ basis or as negotiated.
3. Daily TIMES are measured on a Portal-to-Portal basis in all national & international
Locations (outside of Melbourne) inclusive of lunch, travel & appropriate breaks.
4. PER DIEMS must adequately cover meals, telecommunication & weekly laundry, with
respect to schedule & destination. Alternate arrangements welcomed.
5. TRAVEL & REST DAYS include zero filming. RECCE’s are welcomed on Travel Days
given it is of reasonable duration, and the site is en-route or within reasonable proximity
of Crew Accommodation.
6. ACCOMMODATION & TRANSPORT provided by the Production must meet
adequate safety & security standards, or be negotiated otherwise with considerations as
to the nature of the project.
7. It is the responsibility of the client to arrange and pay for the provisions of excess
baggage, prior or on travel date. Where Creative Kicks Media does pay for any excess
baggage, convenience fee of 25% will be charged of the excess baggage bill.
F. FOREIGN (VISITING) PRODUCTIONS
1. All required payments must be received prior to commencement
2. Final payment including incurred costs is due upon completion of each schedule.
3. Continuation of Services beyond the schedule is negotiable.
4. Discontinuation of Services within the schedule incurs applicable Cancellation Fees
and immediate air transport to Melbourne for personnel and equipment.
5. Scheduled Payments negotiable for long-term projects.
6. Recorded materials may be withheld until receipt of due payment. When recorded
materials are withheld, returns will be arranged upon receipt of payment via the
Production’s means & expense. All due care taken, no responsibility accepted for losses.
1. BOOKINGS are accepted subject to availability and may either be CONFIRMED at
the time of booking, or if subject to change, may be placed on HOLD up until 48-hours
of the CALL TIME. Unless CANCELLED or negotiated prior to 48-hours of the CALL
TIME, a HOLD is automatically considered CONFIRMED.
2. Once a BOOKING is Confirmed it may still be Cancelled however CANCELLATION
FEES will apply at the rate of 50% within 48 hours and 100% within 24 hours of the Call
Time.
3. A HOLD may be cancelled by either party.
4. COPYRIGHT of all recorded materials remain the property of Creative Kicks Media
until full & final payment has been received.
5. PAYMENT TERMS are strictly 14 DAYS from the date of INVOICE
6. LATE PAYMENT may result in LATE FEES being charged at the rate of 10% per
month. Failure to pay within 60 days of the Invoice date may result in legal action. All
legal costs incurred will be charged to the production company / booking agent / source.
7. Listed RATES apply locally, and are offered as a guide-only with fees subject to change
with job-specifics.
8. TIMES are measured from Call-time to Wrap in Melbourne-metro, and Portal-to-
Portal in all other national & international Locations, inclusive of lunch, travel &
appropriate breaks.
9. WRAP is defined as Departure-From-Final-Location, with point (B.2) being the
exception.
10. OVERTIME is measured per hour or part-thereof, and applies to all Productions
unless specifically negotiated.
11. WEATHER HOLDS or SPECIAL REQUIREMENTS to be specifically negotiated.
12. Bookings are taken in 4-hour (half-day), 8-hour (full-day), 10-hour (extended day
rate) increments, with overtime charged beyond the hours. All other roles will bill an 8-
hour fee once beyond 4-hours.
13. Jobs running short will be billed as per original booking, regardless of an early Wrap.
14. The extent of Creative Kicks Media LIABILITY due to illness errors, omissions, or
professional and technical & mechanical failures, and/or effects of crime shall be limited
to the equivalent of the Booking’s daily fee.
15. ORIGINAL RECEIPTS will be retained for Creative Kicks Media, accounts, and
charges will be itemised on the invoice.
B. TRANSPORT & MILEAGE
1. Quoted RATES include a Transport Allowance around Melbourne-METRO up to
30km/day. Beyond 30km/day, MILEAGE / KM charged at Au$1/km.
2. LOCATIONS BEYOND 30KM of the Melbourne GPO (and considered within
Melbourne) will start consuming the 30km Transport Allowance from the 30km
boundary onward. CALL TIME will be calculated accordingly, and where applicable,
returning to the 30km boundary will be considered the WRAP time. For ease of
reference, 1km equals 1 minute.
3. When embarking on a ROAD-JOURNEY out of Melbourne, MILEAGE is charged
from outset of journey at A$1/km, and TIMES measured on a Portal-to-Portal basis.
4. All TOLLS, PARKING FEES or CHARGES incurred in the course of Production,
from Call-time to Wrap, will be billed to the Production.
5. TRANSPORT provided by the Production must meet adequate health safety &
security standards, or be negotiated otherwise with considerations as to the nature of the
production.
C. EQUIPMENT & TAPE / DISC STOCK
1. EQUIPMENT outlined on the Rates-List is a guide, and equipment brought onto
Location will be accepted as that which Creative Kicks Media deems necessary & most
effective.
2. Special EQUIPMENT REQUESTS will be adhered to as closely as possible. Where
specific models/items are unavailable, a suitable replacement will be sought.
Shortcomings will be communicated ahead of time.
3. RENTAL EQUIPMENT sourced on behalf of a Production incurs a 20% handling fee,
in addition to tolls and charges incurred during pick-up & return.
4. In the unlikely event of TECHNICAL FAILURE involving equipment owned by
Creative Kicks Media, reasonable reparations in the form of Bill Discount or Credited
Hours will be negotiated for any lost time for the day of the incident only. The extent of
Creative Kicks Media, LIABILITY shall be limited to the Booking’s daily fee.
5. In Melbourne, Creative Kicks Media, shall bear the cost of equipment replacement.
For all other Locations, the Production shall bear the cost of equipment replacement.
6. No responsibility shall be accepted for equipment rented on behalf of the Production.
7. No responsibility accepted for lost opportunity, lost imagery or sound arising from
technical failure.
D. LOCATIONS & WORKPLACE
1. A SAFE WORKPLACE is always maintained.
2. Productions planning to shoot in HOSTILE ENVIRONMENTS must advise Creative
Kicks Media prior to Confirmation. Such environments include exposure to salt, sand,
water or dust, biological and chemical agents, civil unrest and declared hostilities.
3. Location should have access to catering facilities, otherwise be catered by Production,
or Crew should be informed of special requirements prior to the shoot.
4. EQUIPMENT DAMAGE caused by handling by unauthorised persons or the actions
of persons associated with or employed by the Production will be charged to the
Production. Authorisation is restricted to senior persons in the camera, sound, lighting &
grip departments.
E. TRAVEL
1. AIRPORT TRANSFERS and or AIRPORT PARKING are billed to the Production.
2. International & National Travel measured on a ‘Portal-to-Portal’ basis or as negotiated.
3. Daily TIMES are measured on a Portal-to-Portal basis in all national & international
Locations (outside of Melbourne) inclusive of lunch, travel & appropriate breaks.
4. PER DIEMS must adequately cover meals, telecommunication & weekly laundry, with
respect to schedule & destination. Alternate arrangements welcomed.
5. TRAVEL & REST DAYS include zero filming. RECCE’s are welcomed on Travel Days
given it is of reasonable duration, and the site is en-route or within reasonable proximity
of Crew Accommodation.
6. ACCOMMODATION & TRANSPORT provided by the Production must meet
adequate safety & security standards, or be negotiated otherwise with considerations as
to the nature of the project.
7. It is the responsibility of the client to arrange and pay for the provisions of excess
baggage, prior or on travel date. Where Creative Kicks Media does pay for any excess
baggage, convenience fee of 25% will be charged of the excess baggage bill.
F. FOREIGN (VISITING) PRODUCTIONS
1. All required payments must be received prior to commencement
2. Final payment including incurred costs is due upon completion of each schedule.
3. Continuation of Services beyond the schedule is negotiable.
4. Discontinuation of Services within the schedule incurs applicable Cancellation Fees
and immediate air transport to Melbourne for personnel and equipment.
5. Scheduled Payments negotiable for long-term projects.
6. Recorded materials may be withheld until receipt of due payment. When recorded
materials are withheld, returns will be arranged upon receipt of payment via the
Production’s means & expense. All due care taken, no responsibility accepted for losses.
Terms and Conditions - Hire
A. RESPONSIBILITY FOR HIRE
- The person completing the ID check process is responsible for the safekeeping
and condition of the equipment from point of hire until point of return.
- In the case of delivery the person who completes the ID check process is
responsible for the safekeeping and condition of the equipment from delivery to
collection of the equipment.
- Equipment must be returned in the same condition as it is received.
- Please make sure you never leave your hire equipment unattended. If the
equipment is not returned as a result of loss/misplacement/theft, the hirer is
responsible for its replacement at market value.
B. HIRE PICK-UP/RETURN PERIOD
- All item pricing for hire on the website is for an overnight hire period unless an
alternative hire period has been selected.
- Any allowance for an early pickup or late drop off beyond this hire period is
authorised at Creative Kicks Hire's grace.
- We reserve the right to allow extended hire periods at no extra charge where we
see fit, we also reserve the right to book equipment with your knowledge to be due
back at a certain time on the day of return.
- Any hire which is not returned by the agreed time will incur extra hire charges per
day of the daily hire amount for each/every item(s) not returned.
- During peak periods, such as New Years where demand for equipment is very
high, each hire item will incur extra charges, these will be explained at the time of
booking, and all peak hire periods will require full payment at time of booking in
order to reserve the equipment. As with our regular hire period, it is advisable to
pay for hire equipment when making a booking to ensure it is reserved for you.
C. EQUIPMENT ISSUES
- We strongly encourage all customers to set-up and test equipment within opening
hours. In the event of issues in set-up/operation, we advise to contact your local
warehouse for troubleshooting assistance as no after-hours phone line is available.
- Liquid/Shock Detection labels are used to detect equipment
mistreatment/misuse. Trigger or activation of these labels will incur $100-$200
diagnosis charges, so it is important to treat equipment carefully and avoid having
drinks and liquids placed near the equipment during use or storage.
- If you experience a suspected pre-existing fault with our equipment, we
encourage you to contact us within business hours to allow for our customer service
team to try and diagnose the issue with you. In extreme cases, we will make a note
to inspect the equipment upon return and can organise a credit/refund for the
item/s of equipment that demonstrate a pre-existing fault.
- We also strongly encourage you to contact us if you believe you have caused
damage to any of the equipment during the process of hiring as this will allow us to
perform an efficient fault diagnosis upon return resulting in a quicker return
process for you.
D. CANCELLATIONS, CREDITS AND REFUNDS
- Full payment via Debit/Credit Card is required to request the reservation of
equipment for a specific event date.
- If equipment requested is unavailable (and a suitable substitute cannot be
recommended) you will be contacted, and a refund or credit note will be issued
equal to the value of the affected items or to the full value of the booking.
- Our Refund Policy is strictly based on the time a booking cancellation is made.
If a booking is cancelled:
a. within 48 hours of the event date (or scheduled delivery date): no refund will be
issued.
b. within 3-7 days of the event date (or scheduled delivery date): a 25% refund will
be issued.
c. within 8-14 days of the event date (or scheduled delivery date): a 50% refund
will be issued.
d. outside 14 days from the event date (or scheduled delivery date): a 100% refund
will be issued (less a $50 processing & handling fee).
- Any booking requests cancelled within 24 hours of placing the booking request
will be entitled to a full refund (less a $50 processing & handling fee) or 100%
credit, with the exception of booking requests that are placed within 48 Hours of
the event date.
- If a booking is cancelled on the day as a result of the hirer not being able to
satisfy the Bond and/or Identification Requirements, no refund or credit note will
be issued.
TERMS & CONDITIONS OF HIRE (The legal detail)
1. DEFINITIONS
a) Creative Kicks (ABN – 28 729 045 770) is hereinafter referred to as the “Owner”
and this expression includes its successors.
b) The “Hirer” is the company, firm or person taking the owners equipment on hire
and this expression includes his successors or personal representatives.
c) “Equipment” shall include any lighting, sound, film equipment, or special effect
or part thereof and any attachments, leads or any other thing under this contract.
d) “Hire Rate” shall be the rate of the hire for the equipment as provided on the
invoice/agreement and is subject to the provisions of these terms and conditions of
hire.
2. ACCEPTANCE
a) The Hirer’s order, whether oral or in writing for the supply of equipment shall be
construed as an expressed acceptance of these terms and conditions of hire, and in
so far as any provision of the Hirer’s said order be consistent therewith these terms
and conditions of hire shall be deemed to prevail.
b) Any variations in the contract shall be in writing.
c) The hirer warrants to the owner that no representations have been made to him
concerning the equipment and in particular to the suitability for any particular
purpose or for work in any particular place and that in entering into this contract
the hirer does not rely on such representation and has satisfied himself
independently upon all such matters and; accordingly the hirer shall seek no relief in
respect of any such representation and in particular shall bring on proceedings for
misrepresentation.
3. COMMENCEMENT OF HIRE
Subject to the provisions of the invoice/agreement, the owner shall supply the
equipment on the collection date. The period of hire shall start on such collection.
Hire charges shall commence on collection unless otherwise stated on the
invoice/agreement. Responsibility for loss or damage to the equipment is accepted
by the Hirer from the time the equipment is collected until it’s return to the Owner
and the Owner has subsequently fully inspected said equipment to his satisfaction.
4. HIRERS LIABILITY OR LOSS OR DAMAGE
a) The Hirer accepts full responsibility to the owner for loss or damage to or
destruction of the equipment suffered during the period of hire from whatever
cause the same may arise and is fully responsible to the owner for the safekeeping
of the equipment and its return in equal order to the owner at the end of the hire.
b) The Hirer accepts all liability and responsibility in respect of and shall completely
indemnify the owner against all third party claims and losses howsoever arising in
respect of damage to, or loss, or destruction of any property or in respect of the
personal injury, or death of anybody in any way caused by or relating to the
equipment or its use.
c) The Owner shall not be liable to the hirer in respect of any damage to, or loss, or
destruction of the property of the hirer, nor in respect of the personal injury, or
death of the Hirer, or his employees or contractors, or other persons in any way
caused by or relating to the equipment or its use howsoever such damage, loss,
destruction, injury, or death shall be caused.
5. OWNERS OBLIGATION
a) The Owner shall ensure that at the commencement of the hire the equipment
shall be of sound construction and in good working order.
b) It is suggested:
i) That goods being stored in a vehicle or building fitted with alarms, the alarm must
be set.
ii) Good must not be on display when stored in a vehicle, for example goods should
be stored in the boot of the car.
6. PAYMENT
a) The Hirer must make payment in full via Cash, Direct Deposit, Credit
Card/Debit and the card holder must be present, before equipment can be
released.
b) The Hirer shall pay the Owner forthwith for all repairs and replacements to the
equipment, except for repairs and replacements due to wear and tear.
7. SECURITY BOND/CREDIT CARD AUTHORISATION
a) A copy of a credit card will be requested of the person taking responsibility for
the hire prior to the release of equipment and will be used to cover incidents such
as (but not limited to):
• Late return of hire.
• Equipment returned unclean, or in incorrect transporting tubs.
• Additional servicing / cleaning charges.
b) This does not cover damage or loss of equipment. Please contact us for
equipment replacement costs, damage costs are based on quotes depending on the
nature of the damage sustained.
8. SUBLETTING
The Hirer shall not without consent of the owner assign, sublet, mortgage, charge,
pledge or part with possession of or otherwise deal with the equipment.
9. GENERAL
a) Positive proof of identity, and home address must be produced before equipment
is removed from our premises.
b) It is advised that Hirer’s should check the compatibility of their own items to
items hired from the Owner. The Owner accepts no responsibility for equipment
that does not work in conjunction with that of the hirer.
c) One day hire is classed as a 24-hour period maximum. Any hire period over this
time will incur the daily or weekly hire charge (Whichever is appropriate).
d) All goods hired on any weekend must be returned by the date and time specified
on your Contract or Invoice. All Hirer’s must be over the age of 18 and be in fulltime
employment or study.
10. THE HIRER SHALL NOT HAVE ANY CRIMINAL CONVICTION
RELATING TO DISHONESTY IN THE PREVIOUS FIVE YEARS.
11. IF ANY PART OF THESE TERMS ARE FOUND TO BE ILLEGAL OR
INVALID UNDER THIS COUNTRIES LAWS, THE REMAINING PARTS WILL
REMAIN VALID AND IN FULL FORCE
- The person completing the ID check process is responsible for the safekeeping
and condition of the equipment from point of hire until point of return.
- In the case of delivery the person who completes the ID check process is
responsible for the safekeeping and condition of the equipment from delivery to
collection of the equipment.
- Equipment must be returned in the same condition as it is received.
- Please make sure you never leave your hire equipment unattended. If the
equipment is not returned as a result of loss/misplacement/theft, the hirer is
responsible for its replacement at market value.
B. HIRE PICK-UP/RETURN PERIOD
- All item pricing for hire on the website is for an overnight hire period unless an
alternative hire period has been selected.
- Any allowance for an early pickup or late drop off beyond this hire period is
authorised at Creative Kicks Hire's grace.
- We reserve the right to allow extended hire periods at no extra charge where we
see fit, we also reserve the right to book equipment with your knowledge to be due
back at a certain time on the day of return.
- Any hire which is not returned by the agreed time will incur extra hire charges per
day of the daily hire amount for each/every item(s) not returned.
- During peak periods, such as New Years where demand for equipment is very
high, each hire item will incur extra charges, these will be explained at the time of
booking, and all peak hire periods will require full payment at time of booking in
order to reserve the equipment. As with our regular hire period, it is advisable to
pay for hire equipment when making a booking to ensure it is reserved for you.
C. EQUIPMENT ISSUES
- We strongly encourage all customers to set-up and test equipment within opening
hours. In the event of issues in set-up/operation, we advise to contact your local
warehouse for troubleshooting assistance as no after-hours phone line is available.
- Liquid/Shock Detection labels are used to detect equipment
mistreatment/misuse. Trigger or activation of these labels will incur $100-$200
diagnosis charges, so it is important to treat equipment carefully and avoid having
drinks and liquids placed near the equipment during use or storage.
- If you experience a suspected pre-existing fault with our equipment, we
encourage you to contact us within business hours to allow for our customer service
team to try and diagnose the issue with you. In extreme cases, we will make a note
to inspect the equipment upon return and can organise a credit/refund for the
item/s of equipment that demonstrate a pre-existing fault.
- We also strongly encourage you to contact us if you believe you have caused
damage to any of the equipment during the process of hiring as this will allow us to
perform an efficient fault diagnosis upon return resulting in a quicker return
process for you.
D. CANCELLATIONS, CREDITS AND REFUNDS
- Full payment via Debit/Credit Card is required to request the reservation of
equipment for a specific event date.
- If equipment requested is unavailable (and a suitable substitute cannot be
recommended) you will be contacted, and a refund or credit note will be issued
equal to the value of the affected items or to the full value of the booking.
- Our Refund Policy is strictly based on the time a booking cancellation is made.
If a booking is cancelled:
a. within 48 hours of the event date (or scheduled delivery date): no refund will be
issued.
b. within 3-7 days of the event date (or scheduled delivery date): a 25% refund will
be issued.
c. within 8-14 days of the event date (or scheduled delivery date): a 50% refund
will be issued.
d. outside 14 days from the event date (or scheduled delivery date): a 100% refund
will be issued (less a $50 processing & handling fee).
- Any booking requests cancelled within 24 hours of placing the booking request
will be entitled to a full refund (less a $50 processing & handling fee) or 100%
credit, with the exception of booking requests that are placed within 48 Hours of
the event date.
- If a booking is cancelled on the day as a result of the hirer not being able to
satisfy the Bond and/or Identification Requirements, no refund or credit note will
be issued.
TERMS & CONDITIONS OF HIRE (The legal detail)
1. DEFINITIONS
a) Creative Kicks (ABN – 28 729 045 770) is hereinafter referred to as the “Owner”
and this expression includes its successors.
b) The “Hirer” is the company, firm or person taking the owners equipment on hire
and this expression includes his successors or personal representatives.
c) “Equipment” shall include any lighting, sound, film equipment, or special effect
or part thereof and any attachments, leads or any other thing under this contract.
d) “Hire Rate” shall be the rate of the hire for the equipment as provided on the
invoice/agreement and is subject to the provisions of these terms and conditions of
hire.
2. ACCEPTANCE
a) The Hirer’s order, whether oral or in writing for the supply of equipment shall be
construed as an expressed acceptance of these terms and conditions of hire, and in
so far as any provision of the Hirer’s said order be consistent therewith these terms
and conditions of hire shall be deemed to prevail.
b) Any variations in the contract shall be in writing.
c) The hirer warrants to the owner that no representations have been made to him
concerning the equipment and in particular to the suitability for any particular
purpose or for work in any particular place and that in entering into this contract
the hirer does not rely on such representation and has satisfied himself
independently upon all such matters and; accordingly the hirer shall seek no relief in
respect of any such representation and in particular shall bring on proceedings for
misrepresentation.
3. COMMENCEMENT OF HIRE
Subject to the provisions of the invoice/agreement, the owner shall supply the
equipment on the collection date. The period of hire shall start on such collection.
Hire charges shall commence on collection unless otherwise stated on the
invoice/agreement. Responsibility for loss or damage to the equipment is accepted
by the Hirer from the time the equipment is collected until it’s return to the Owner
and the Owner has subsequently fully inspected said equipment to his satisfaction.
4. HIRERS LIABILITY OR LOSS OR DAMAGE
a) The Hirer accepts full responsibility to the owner for loss or damage to or
destruction of the equipment suffered during the period of hire from whatever
cause the same may arise and is fully responsible to the owner for the safekeeping
of the equipment and its return in equal order to the owner at the end of the hire.
b) The Hirer accepts all liability and responsibility in respect of and shall completely
indemnify the owner against all third party claims and losses howsoever arising in
respect of damage to, or loss, or destruction of any property or in respect of the
personal injury, or death of anybody in any way caused by or relating to the
equipment or its use.
c) The Owner shall not be liable to the hirer in respect of any damage to, or loss, or
destruction of the property of the hirer, nor in respect of the personal injury, or
death of the Hirer, or his employees or contractors, or other persons in any way
caused by or relating to the equipment or its use howsoever such damage, loss,
destruction, injury, or death shall be caused.
5. OWNERS OBLIGATION
a) The Owner shall ensure that at the commencement of the hire the equipment
shall be of sound construction and in good working order.
b) It is suggested:
i) That goods being stored in a vehicle or building fitted with alarms, the alarm must
be set.
ii) Good must not be on display when stored in a vehicle, for example goods should
be stored in the boot of the car.
6. PAYMENT
a) The Hirer must make payment in full via Cash, Direct Deposit, Credit
Card/Debit and the card holder must be present, before equipment can be
released.
b) The Hirer shall pay the Owner forthwith for all repairs and replacements to the
equipment, except for repairs and replacements due to wear and tear.
7. SECURITY BOND/CREDIT CARD AUTHORISATION
a) A copy of a credit card will be requested of the person taking responsibility for
the hire prior to the release of equipment and will be used to cover incidents such
as (but not limited to):
• Late return of hire.
• Equipment returned unclean, or in incorrect transporting tubs.
• Additional servicing / cleaning charges.
b) This does not cover damage or loss of equipment. Please contact us for
equipment replacement costs, damage costs are based on quotes depending on the
nature of the damage sustained.
8. SUBLETTING
The Hirer shall not without consent of the owner assign, sublet, mortgage, charge,
pledge or part with possession of or otherwise deal with the equipment.
9. GENERAL
a) Positive proof of identity, and home address must be produced before equipment
is removed from our premises.
b) It is advised that Hirer’s should check the compatibility of their own items to
items hired from the Owner. The Owner accepts no responsibility for equipment
that does not work in conjunction with that of the hirer.
c) One day hire is classed as a 24-hour period maximum. Any hire period over this
time will incur the daily or weekly hire charge (Whichever is appropriate).
d) All goods hired on any weekend must be returned by the date and time specified
on your Contract or Invoice. All Hirer’s must be over the age of 18 and be in fulltime
employment or study.
10. THE HIRER SHALL NOT HAVE ANY CRIMINAL CONVICTION
RELATING TO DISHONESTY IN THE PREVIOUS FIVE YEARS.
11. IF ANY PART OF THESE TERMS ARE FOUND TO BE ILLEGAL OR
INVALID UNDER THIS COUNTRIES LAWS, THE REMAINING PARTS WILL
REMAIN VALID AND IN FULL FORCE