DBE (SA) PTY LTD, Hire Terms & Conditions

Hire Fee Calculation

1 to 2 days : per day hire charge
3 to 7 days : 3 days hire charge
8 days : 4 days hire charge
9 days : 5 days hire charge
10 to 14 days : 6 days hire charge
14+ : Please enquire

Terms & Conditions

The hirer (including any employees and agents of the hirer) HEREBY HIRES from DBE (SA) PTY LTD (“DBE”) the equipment as referred to in the hire agreement and which includes all items, articles, accessories, documents or services supplied with the equipment on the following terms and conditions

1.Hire of Equipment

1.1 All equipment made available to the hirer shall be charged at a daily hire rate.

1.3 All equipment must be returned to DBE by the time agreed between the hirer and DBE and as stipulated on the hire agreement.

1.4 When any equipment is not returned at the end of the hire period specified in the hire agreement, then hire charges will continue to accrue at the same daily rate set out in the hire agreement until the day on which the equipment is returned complete with all the accessories and undamaged.

2.Payment

2.1 The Total amount is payable in full after setup of equipment, but prior to the commencement of the show, unless otherwise arranged.

2.2 Payment may not be made by cheque for either hire fees or deposit unless previously requested of and agreed to by DBE before collection or delivery of equipment.

3.Delivery and Return of Equipment

3.1 Unless DBE has agreed to deliver and collect equipment, the hirer shall be responsible for making all necessary arrangements to take delivery of the equipment and to return that equipment to the premises of DBE and shall also be responsible for any preparation of the venue that may be required.

3.3 Under no circumstances shall the hirer transport any equipment in utilities or trailers, and any breach of this term shall result in termination of the hire agreement.

4.Cancellation

4.1 In the event that the hirer cancels delivery of equipment or services, DBE shall refund in full any booking fee where the cancellation has occurred at least 14 days prior to the booking date, but otherwise any booking fee or hire fees already paid by the hirer shall be forfeited to DBE.

5.Hirer’s Covenants

5.1 The hirer agrees with DBE that:

(a) the equipment shall remain the property of DBE and the hirer is only a bailee of the equipment on the terms and conditions set out in this hire agreement;

(b) the hirer shall not sell, charge, pledge or part with the possession of the equipment;

(c) the hirer shall keep the equipment at the venue or address specified in the hire agreement and shall not relocate the equipment elsewhere except with the prior written permission of DBE;

(d) the hirer shall use the equipment in a careful & proper manner and not interfere or tamper with or let anyone else do so;

(e) the hirer shall not alter or modify the equipment except with the prior written consent of DBE;

(f) the hirer shall ensure that the equipment is used in accordance with any operating instructions and that the use of the equipment complies with all applicable laws;

(g) the hirer shall permit DBE its representatives or agents to enter the premises where equipment is located at all reasonable times to inspect the equipment or carry out repairs to the equipment;

(h) the equipment shall at all times, whilst in the care, custody or control of the hirer, be at the risk of the hirer.

6.Safe Keeping

6.1 The hirer is responsible for the safe keeping of the equipment and shall bear the risk of any loss, theft, damage or destruction of equipment.

6.2 If any of the equipment shall require repair or replacement as a result of the hirer’s use of the equipment the hirer shall bear the total cost of any such repair or replacement. Any repairs carried out by DBE will be charged at the normal hourly repair rate.

6.3 The assessment of any damage to equipment and costing of charges to repair or replace equipment shall be at the sole assessment of DBE.

6.4 In respect of damage or loss of equipment, or failure to return all of the equipment (including all accessories), the hire period shall continue, and the hirer shall continue to pay hire until the equipment has been repaired and returned (including all accessories) to DBE, or the replacement cost of new equipment or accessories has been paid by the hirer. The hirer indemnifies DBE for all loss or damage suffered as a consequence of such damage or loss of, or failure to return, the equipment and accessories.

7.Liability

7.1 DBE is not responsible for the supply of patch cables to connect with any equipment not owned or hired by DBE.

7.2 DBE shall not be responsible for any losses that may be suffered by the hirer in the event of a malfunction or breakdown of the equipment. DBE shall not be liable for any item of so called consequential loss.

8.Equipment Malfunction

8.1 If the equipment does not operate properly the hirer shall immediately notify DBE, and DBE will use its best endeavours to expeditiously repair or replace the equipment.

8.2 DBE shall not be liable to refund any hire fee to the hirer:

(a) if any malfunction or breakdown of the equipment occurred through the fault of the hirer; or

(b) the hirer did not immediately notify DBE of such malfunction or breakdown.

9.Warranty

9.1 DBE warrants that the equipment hired is of merchantable quality.

9.2 Nothing in these terms and conditions shall restrict, modify or exclude any conditions, warranties, rights or liabilities which may at any time be implied in this hire agreement by the Trade Practices Act 1974 (Commonwealth) and/or Fair Trading Act 1987 (SA) where to do so would render any provisions of this hire agreement void or unenforceable.

9.3 Other than expressly provided for in this hire agreement the hirer acknowledges that it has not relied upon any statement or representation by DBE in respect of the equipment or use of the equipment by the hirer irrespective of whether or not the hirer’s purpose for the use of the equipment is known to DBE.

9.4 The hirer acknowledges that under no circumstances is DBE responsible or liable for any failure or unsuitability of the equipment to perform the purpose required by the hirer.

10.General

10.1 These terms and conditions constitute the entire agreement between DBE and the hirer with respect to the equipment and any services provided by DBE and shall not be amended except in writing by DBE.

10.2 This hire agreement shall be governed and construed in accordance with the laws of the State of South Australia. The jurisdiction of South Australia shall apply to any dispute arising out of this hire agreement

DBE (SA) PTY LTD, Hire Terms & Conditions

Hire Fee Calculation

1 to 2 days : per day hire charge

3 to 7 days : 3 days hire charge

8 days : 4 days hire charge

9 days : 5 days hire charge

10 to 14 days : 6 days hire charge

14+ : Please enquire

Terms & Conditions

The hirer (including any employees and agents of the hirer) HEREBY HIRES from DBE (SA) PTY LTD (“DBE”) the equipment as referred to in the hire agreement and which includes all items, articles, accessories, documents or services supplied with the equipment on the following terms and conditions

1.Hire of Equipment

1.1 All equipment made available to the hirer shall be charged at a daily hire rate.

1.3 All equipment must be returned to DBE by the time agreed between the hirer and DBE and as stipulated on the hire agreement.

1.4 When any equipment is not returned at the end of the hire period specified in the hire agreement, then hire charges will continue to accrue at the same daily rate set out in the hire agreement until the day on which the equipment is returned complete with all the accessories and undamaged.

2.Payment

2.1 The Total amount is payable in full after setup of equipment, but prior to the commencement of the show, unless otherwise arranged.

2.2 Payment may not be made by cheque for either hire fees or deposit unless previously requested of and agreed to by DBE before collection or delivery of equipment.

3.Delivery and Return of Equipment

3.1 Unless DBE has agreed to deliver and collect equipment, the hirer shall be responsible for making all necessary arrangements to take delivery of the equipment and to return that equipment to the premises of DBE and shall also be responsible for any preparation of the venue that may be required.

3.3 Under no circumstances shall the hirer transport any equipment in utilities or trailers, and any breach of this term shall result in termination of the hire agreement.

4.Cancellation

4.1 In the event that the hirer cancels delivery of equipment or services, DBE shall refund in full any booking fee where the cancellation has occurred at least 14 days prior to the booking date, but otherwise any booking fee or hire fees already paid by the hirer shall be forfeited to DBE.

5.Hirer’s Covenants

5.1 The hirer agrees with DBE that:

(a) the equipment shall remain the property of DBE and the hirer is only a bailee of the equipment on the terms and conditions set out in this hire agreement;

(b) the hirer shall not sell, charge, pledge or part with the possession of the equipment;

(c) the hirer shall keep the equipment at the venue or address specified in the hire agreement and shall not relocate the equipment elsewhere except with the prior written permission of DBE;

(d) the hirer shall use the equipment in a careful & proper manner and not interfere or tamper with or let anyone else do so;

(e) the hirer shall not alter or modify the equipment except with the prior written consent of DBE;

(f) the hirer shall ensure that the equipment is used in accordance with any operating instructions and that the use of the equipment complies with all applicable laws;

(g) the hirer shall permit DBE its representatives or agents to enter the premises where equipment is located at all reasonable times to inspect the equipment or carry out repairs to the equipment;

(h) the equipment shall at all times, whilst in the care, custody or control of the hirer, be at the risk of the hirer.

6.Safe Keeping

6.1 The hirer is responsible for the safe keeping of the equipment and shall bear the risk of any loss, theft, damage or destruction of equipment.

6.2 If any of the equipment shall require repair or replacement as a result of the hirer’s use of the equipment the hirer shall bear the total cost of any such repair or replacement. Any repairs carried out by DBE will be charged at the normal hourly repair rate.

6.3 The assessment of any damage to equipment and costing of charges to repair or replace equipment shall be at the sole assessment of DBE.

7.Liability

7.1 DBE is not responsible for the supply of patch cables to connect with any equipment not owned or hired by DBE.

7.2 DBE shall not be responsible for any losses that may be suffered by the hirer in the event of a malfunction or breakdown of the equipment. DBE shall not be liable for any item of so called consequential loss.

8.Equipment Malfunction

8.1 If the equipment does not operate properly the hirer shall immediately notify DBE, and DBE will use its best endeavours to expeditiously repair or replace the equipment.

8.2 DBE shall not be liable to refund any hire fee to the hirer:

(a) if any malfunction or breakdown of the equipment occurred through the fault of the hirer; or

(b) the hirer did not immediately notify DBE of such malfunction or breakdown.

9.Warranty

9.1 DBE warrants that the equipment hired is of merchantable quality.

9.4 The hirer acknowledges that under no circumstances is DBE responsible or liable for any failure or unsuitability of the equipment to perform the purpose required by the hirer.

10.General

10.1 These terms and conditions constitute the entire agreement between DBE and the hirer with respect to the equipment and any services provided by DBE and shall not be amended except in writing by DBE.

10.2 This hire agreement shall be governed and construed in accordance with the laws of the State of South Australia. The jurisdiction of South Australia shall apply to any dispute arising out of this hire agreement