Terms of service
In this agreement:
1.1 Terms in bold have the meanings shown opposite them; and
1.2 Unless the context otherwise indicates:
“Support Crew” means Support Crew Pty Ltd ABN 53 992 541 043 and includes any of its employees, agents, volunteers and representatives.
“Pick Up/Delivery Date” means the earlier of:
(a) the date set out in the Schedule; or
(b) the date the equipment is loaded for transport at its current location.
“Return Date” means the later of:
(a) by 5pm on the date set out in the Schedule; or
(b) the date the equipment is returned in the same condition as existed when hired, fair wear and tear excepted, to or at the direction of Support Crew.
“On-Hire Survey” means the survey of the equipment prior to the start of the Period of Hire.
“Off-Hire Survey” means the survey of the equipment prior to the end of the Period of Hire.
Hire Commitment
2.1 Support Crew is the owner of the equipment.
2.2 The Hirer will hire the Equipment from Support Crew upon these Terms of Service.
2.3 The hire of equipment will begin on the Pick Up/Delivery Date and continue until the return date.
2.4 No off-hire periods are permitted without the prior written approval of Support Crew.
Hire Fees and Payment
3.1 The Hirer agrees to pay Support Crew for the hire of the equipment at the rates set out in the Quote or Tax Invoice for the period of hire, which includes any applicable GST.
3.2 The Hire Fee must be paid to Support Crew in full seven (7) days prior to the date of pick up/delivery date.
3.3 The Hirer’s credit card details will be held by Support Crew until such time as the equipment is returned in good working order.
3.4 Cancellation fees will apply at the discretion of Support Crew for bookings cancelled:
(a) between 7-14 days prior to the pick up/delivery date will incur a $50 Administration fee
(b) less than 7 days prior to the pick up/delivery date will forfeit 50% of the hire fee, or a minimum $50 administration fee
(c) due to unforeseen poor to extreme weather conditions, based on the Australian Bureau of Meteorology reports, will incur a fee of 50% of the hire fee or alternatively the Hirer can apply for a credit to be used within six months of the original date of booking.
3.5 No refunds will be given for early return of the equipment.
3.6 A fee of 50% of the hire fee will be charged for each day the equipment is not returned by the return date.
Hirer’s Obligations
4.1 The Hirer acknowledges that the use of the equipment carries with it dangers and risks of personal injury and property, and the Hirer agrees to accept all dangers, risks and damages.
4.2 The equipment may not be transported outside Australia without the prior written consent of Support Crew.
4.4 The Hirer will:
(a) ensure persons operating and using the equipment are of sufficient age and otherwise fit to use the equipment and if necessary appropriately qualified and certified operator for the equipment, and if required employ an operator at its own expense;
(b) ensure that persons operating and using the equipment are aware and understand the relevant operating and safety requirements for the equipment and if required, wear any appropriate safety equipment.
(c) use the equipment in a skilful and proper manner and only for the purpose and within the capacity for which it was designed;
(d) comply with all statutory and other regulations in relation to the use of the Equipment;
(e) at its own expense maintain the equipment in good substantial repair and condition in accordance with the On-Hire Survey and Support Crew’s instructions, fair wear and tear excepted;
(f) immediately advise Support Crew orally or via text message of any failure in or damage to the equipment, howsoever arising and within 24 hours provide written confirmation of the failure in or damage to the equipment to Support Crew;
(g) not modify or permit any modification of the equipment in any way; and
(h) maintain possession and control of the equipment throughout the period of hire, subject to the rights of Support Crew.
4.5 The Hirer will abide by all local, state and federal laws and regulations that may apply to the use of the equipment and will take responsibility for all fines or legal action that may be imposed in relation to the equipment for the period of hire.
4.6 The Hirer must obtain the prior written approval of Support Crew to assign or subcontract the Hire Agreement or any part thereof. Approval to assign or subcontract shall not relieve the Hirer from any of its obligations under this Hire Agreement or impose any liability or obligation upon Support Crew to an assignee or subcontractor.
4.7 Prior to the end of the Period of Hire, the Hirer will thoroughly clean and dry the equipment to the absolute satisfaction of Support Crew, in default of its obligation pursuant to this clause, the Hirer acknowledges and agrees to pay $50 for each item of equipment to Support Crew for cleaning and/or drying of the equipment.
4.8 The Hirer acknowledges that NO SMOKING, CANDLES or GAS LIGHTS ARE TO BE USED IN ANY TENTS SUPPLIED BY SUPPORT CREW.
Loss, damage or breakdown of equipment
5.1 The Hirer will be responsible for any loss, theft or damage to the equipment irrespective of how the loss, theft or damage occurred (fair wear and tear excepted) during the period of hire.
5.2 To determine the equipment’s condition at relevant times, the equipment at the beginning of the Period of Hire will be subject to an On-Hire Survey, a copy of which shall be provided to the Hirer (or its representative) to certify its accuracy. At the end of the period of hire the equipment will be subject to an Off-Hire Survey, which shall be certified by the Hirer (or its representative) as accurate. The Period of Hire is deemed to continue until the Off-Hire Survey is certified by the Hirer (or its representative).
5.3 If there is a breakdown or failure of the equipment then the Hirer will immediately contact Support Crew for instructions. The Hirer will not attempt to repair the equipment.
5.4 If the equipment breaks down or becomes unsafe to use a result of the Hirer’s negligence or if the equipment is lost, stolen or damaged beyond fair wear and tear during the Period of Hire, the Hirer will be liable for:
(a) any costs incurred by Support Crew to recover and repair or replace the equipment; and
(b) the hire rates for that portion of the period of hire during which the equipment is being recovered and repaired or replaced.
5.5 Without limiting the ability of Support Crew to recover all amounts owing to it:
(a) the Hirer authorizes Support Crew to charge any amounts owing by the Hirer to any credit card details that were provided to Support Crew by the Hirer; and
5.6 Equipment other than Support Crew products will not be accepted as replacement equipment under any circumstances.
Indemnity and Exclusion of Liabilities
6.1 The Hirer acknowledges that the use of the equipment can be dangerous, that accidents can happen and that injury may occur. The Hirer is aware of the likely nature of those injuries and acknowledges that the Hirers use of the equipment, and the use of the equipment by any person during the period of hire is entirely at the Hirer’s risk.
6.2 No warranty or representation is given by Support Crew as to the performance, state, fitness for purpose or capacity of the equipment or as to its ability to perform any work which it has been hired. Any statutory warranty or presentation, expressed or implied, as to the ability, fitness for purpose or capacity of the equipment to perform the work for which it has been fixed is expressly excluded.
6.3 Support Crew will endeavour to have the equipment available for the Period of Hire. The Hirer indemnifies Support Crew for any loss or damage from any delay or failure in delivery of the equipment during the period of hire.
6.4 Support Crew will not be liable to the Hirer for any consequential, indirect or special loss or damage, loss of anticipated profits or revenue, loss of business, business interruption, wasted costs the Hirer has incurred, amounts that the Hirer is liable to their customers for or any loss suffered by third parties under or relating to this Hire Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
6.5 The Hirer is liable for and indemnifies Support Crew against all liability, claims, damage, loss, costs and expenses including, without limitation, legal fees, costs and disbursements on full indemnity basis, whether incurred or awarded against Support Crew in respect of:
(a) personal injury;
(b) damage to tangible property; or
(c) a claim by a third party,
in respect of the Hirer’s use of the equipment or the Hirer’s breach of the Hire Agreement. The Hirer’s liability under this indemnity is diminished to the extent that Support Crew’s breach of the Hire Agreement or its negligence causes the liability, claims, damage, loss, costs or expenses.
6.6 To the maximum extent permitted by law, Support Crew's maximum aggregate liability for all claims under or relating to this Hire Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or any other basis, is limited to an amount equal to the fees paid by the Hirer under this Hire Agreement. In calculating Support Crew’s aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by Support Crew for a breach of any provisions unable to be excluded by law.
6.7 Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by the Hire Agreement.
6.8 Support Crew will not be liable to the Hirer for any acts or omissions of any person supplied by Support Crew where that person is acting under the Hirer’s direction and control during the Period of Hire and the Hirer indemnifies Support Crew against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Support Crew) arising from or incurred in connection with such acts or omissions.
6.9 The Hirer acknowledges that availability of any equipment, including but not limited to colour and model, is subject to change without notice to the Hirer. Support Crew will endeavour to supply the colour and model of equipment viewed at the time of booking or as advertised in any Support Crew publications including but not limited to print, digital and online publication.
Termination
7.1 Either party may terminate this Hire Agreement by giving notice to the other party, if:
(a) the other party breaches any term of the Hire Agreement and fails to remedy that breach; or
(b) that other party becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership or ceases to carry on business.
7.2 Without limiting clause 7.3, Support Crew may terminate this Hire Agreement in its absolute discretion on 24 hours notice to the Hirer.
7.3 If during the period of hire the Hirer defaults in any payment or commits any breach of the Hire Agreement or in the opinion of Support Crew endangers or mistreats the equipment, Support Crew may immediately without notice to the Hirer terminate this Hire Agreement, without prejudice to any rights arising prior to such termination, retake possession of the equipment and recover from the Hirer as liquidated damages the recoverable amount being the hire rate less all monies paid by the Hirer to Support Crew by way of deposit.
Force Majeure
8.1 Neither party to this Hire Agreement will be held liable where a circumstance beyond its reasonable control occurs and results in that party being unable to carry out it’s obligations under this Hire Agreement.
8.2 Nothing in clause 8.1 will limit or exclude the Hirer’s responsibility and liability under the Hire Agreement for equipment that is lost, stolen or damaged beyond fair wear and tear during the period of hire, or has breaks down as a result of the Hirer’s negligence.
Governing Law
9.1 This Hire Agreement is governed by the laws of Queensland and it is agreed, notwithstanding the place of execution, it is deemed to have been entered into in Queensland and the Hirer agrees to institute any proceedings in the State of Queensland.
Entire agreement
10.1 The agreement as herein set forth contains the entire understanding of the respective parties with reference to the subject matter hereof and there is no other understanding, agreement, warranty or representation express or implied in any way binding, extending, defining or otherwise relating to any of the matters herein.
Severability
11.1 If any term of this Hire Agreement becomes invalid or unenforceable the remaining terms of this Hire Agreement will be valid and enforceable to the fullest extent permitted by law.