Terms and conditions of Hire

This Hire Agreement is between Light Up My Life Pty Ltd trading as Lightsounds Brisbane as indicated on the reverse side hereof (“Lightsounds”) of the one part and the person whose details appear on the reverse side hereof (the “Hirer”) of the other part. The “Equipment” is defined as all that equipment and all accessories as detailed on the front hereof, and any or all equipment supplied to the Hirer by Lightsounds. This agreement is hereafter referred to as the “Agreement”.

1. Should this Agreement fall under the definition of supply of service in the Trade Practices Act, 1974 (“the Act”) then the Act allows Lightsounds to limit its liability for a breach of condition or warranty implied by the Act. Lightsounds’ liability for such a breach is limited to the supplying of the service again or the payment of the cost of supplying the service again.
2. (a) Certain legislation (including the Act as amended) has the same effect as giving the Hirer certain rights which cannot be excluded, restricted or modified by Agreement. The provisions in this Agreement must therefore be read having regard to such legislation to the extent that it may be applicable and nothing in this Agreement shall have the effect of excluding, restricting or modifying such rights. (b) Subject to the rights so conferred on the Hirer and the restriction posed upon Lightsounds (to the extent that such rights and restrictions may be applicable as set out in paragraph 2 (a): (i) Representations and Agreements not expressly contained herein or incorporated herein by reference shall not be binding upon Lightsounds as conditions, warranties or otherwise; (ii) All conditions, warranties and representation on the part of Lightsounds whether expressed or implied statutory or otherwise, whether collateral or antecedent hereto or otherwise are hereby expressly excluded; (iii) This Agreement constitutes the whole of the Agreement and understanding between the parties with respect to the subject matter hereof and all additions and modifications to the conditions of this Agreement shall be in writing and shall be signed by both parties; (iv) Lightsounds shall be under no liability to the Hirer for any loss whatsoever (including but not limited to loss of profits and consequential loss) or damage to persons or property or death or injury caused by any Act or omission by Lightsounds, its servants or agents or any other person in any way related to or arising out of the supply or non-supply of performance or non-performance of anything or any service provided for or contemplated by or in pursuance of this Agreement (including negligent Acts or omissions).
3. THE EQUIPMENT: The Hirer agrees:- (a) To use the Equipment at all times in a skillful and proper manner and shall, at his own expense, service, clean and maintain the Equipment in good and substantial repair and condition, reasonable wear and tear excepted. (b) To carefully check the Equipment and notify Lightsounds within 24 hours from the time and date of collection noted on the reverse side hereof of any shortages or malfunction. (c) To be responsible for all loss or damage to the Equipment (less fair wear and tear as determined by Lightsounds), howsoever caused, from the time the Equipment leaves Lightsounds until it is returned and signed for by a representative of Lightsounds and without limiting the generality hereof (d) To replace or pay for replacement of all loudspeaker cones, horn diaphragms, or microphone inserts or diaphragms that are damaged or fail during the hire period that Lightsounds have judged to have failed due to misuse or over driving, or have failed and are not covered by manufacturer’s warranty, as determined by Lightsounds. (e) To return all leads neatly rolled as determined by Lightsounds with any tape or dirt removed or pay to Lightsounds a rerolling and/or cleaning charge of $2.00 per lead. (f) To indemnify Lightsounds and keep it indemnified against any claims or Actions whatsoever and howsoever made in respect to the Equipment, the use thereof, failure or non performance of the Equipment. (g) Lightsounds will supply lamps and styli in all Equipment in working order. The Hirer undertakes to replace or pay the retail cost of lamps and styli in the Equipment that fail after the first seven days of hire. These lamps and styli shall be of the same type as those that fail or as determined by Lightsounds are of a similar type. The Hirer undertakes to pay half of the retail cost of any lamps or and the full retail cost of any styli that fail within the first seven (7) days of any hire. (h) The Hirer shall not paint, deface, mark or remove any markings on the Equipment, or obscure Lightsounds markings or signs or labels on the Equipment. Any such marking or removal shall attract a charge of $50 per item plus the cost to return the item to its original condition. (i) Not to part with possession of the Equipment and not to sublet, pledge or reassign the Equipment to any other party without the written consent of Lightsounds. (j) The Hirer agrees that prior to accepting the Equipment they have satisfied themselves as to the condition and state of repair, and suitability for the purpose for which they intend to use the Equipment. All specification, brands, styles, models and rates are subject to change without notice. (k) Not to affix the Equipment or any part thereof to any building or other property. (l) To use the Equipment only in the State in which the Equipment was hired and not to move nor permit any other person(s) to move the Equipment out of the state in which it was hired without the written consent of Lightsounds.
4. CHARGES: A minimum of $50.00 (fifty dollars) security bond is to be paid by the Hirer and is payable before the Hirer takes possession of the Equipment. The bond may be applied to the cost of replacement of or repair to the Equipment and any shortfall shall be recoverable from the Hirer as liquidated damages and the parties agree to rely upon this Agreement in the event of any proceedings. A service charge of $10.00 (ten dollars) applies to hires where the total hire charge is less than $30.00 (thirty dollars). Lightsounds is authorised to account to itself from the bond for the replacement cost of any Equipment not returned by the Hirer within 7 days from the due date for return and Lightsounds shall not be held responsible in any way for the amount so accounted or be required to account for such amount to the Hirer after that return date has expired. The Hirer further agrees: (a) To pay promptly and without retention, all charges for hire of Equipment including government stamp duty and supply of services, all charges for damage to Equipment as determined by Lightsounds, and any late return charge as determined by Lightsounds and to make payments on time or upon oral and/or written demand by Lightsounds or its servants. (b) That where the Hirer assigns the charges payable on this Agreement to another party or organisation and that organisation or party fails to pay all or part of the charges payable on this Agreement within three (3) days of demand the Hirer will accept responsibility for the payments. (c) Where the Hire Charges are determined at discount rates at less than full scheduled daily rates as published by Lightsounds and the Lightsounds Hire period is less than the hire period that qualifies for those discounted rates, then the Hirer accepts that the difference between any discounted rates charged hereon and full published scheduled rates shall be due and payable to Lightsounds on demand. (d) To return the Equipment to Lightsounds on the return date, no later than the return time as shown on the front hereof, or if not shown, no later than 10am the next day excluding Sundays. If the Equipment is returned later than the time shown or 10am the Hirer will pay an extra days hire charge for that day and an extra days hire charge for each 24 hours after the due return date. (e) If no return time and date is stipulated in this Agreement the Equipment shall be returnable within 24 hours of demand (whether verbal or written) being made by Lightsounds upon the Hirer. (f) To pay to Lightsounds an accounting charge for any money outstanding under this Agreement. This accounting charge shall be equal to 1.5% of the amount outstanding for each week that a payment is outstanding. (g) To be wholly personally responsible for the conduct and performance of this Agreement and payment of all monies (or charges) due to Lightsounds under the terms of this Agreement, and the Hirer accepts that where the charges and monies due under this Agreement are invoiced for payment to another party, then the Hirer shall be ultimately personally responsible for final payment of such monies to Lightsounds in the event the party to which the charges have been invoiced fails to pay any or all of such charges by way of default or otherwise. In signing this Agreement the Hirer is guaranteeing his/her performance for payment in full to Lightsounds for payment of all monies owing to it under this Agreement. (h) To peacefully allow Lightsounds or any of its agents to enter any premises they believe the Equipment is in or being used in and inspect or repossess the Equipment should a condition hereon be breached or if Lightsounds has demanded return of the Equipment, and not bring any claim or Action against Lightsounds as a result of repossessing the Equipment. (i) If the Equipment is to be returned to Lightsounds by a company or persons other than the Hirer then the bond balance may be released to that person and that persons receipt for same shall be a full and final discharge of Light sounds for repaying the bond. (j) To pay for the full replacement costs and/or additional hire charges if the Equipment is confiscated by but not limited to customs or government bodies. (k) Pay Lightsounds for any costs incurred by the removal of the Equipment or the re-delivery of the Equipment to Lightsounds or its agents’ premises. (l) Not to bring or maintain or be party to or assert any action, counter claim or set off at law or in equity or at variance from or inconsistent with any of these conditions. (m) that the Hirer’s charges due to Lightsounds pursuant to this Agreement are not waived, and agrees to be held personally liable in the event that the indicated person, company or association fails to pay for any part of the full amount of these charges. The Hirer authorises Lightsounds to charge the Hirer’s charge card for all charges payable under this Agreement including any shortfall or ongoing charges for which the Hirer is liable.
5. SERVICE: Lightsounds agrees to service or replace any Equipment that develops a fault during the hire period and is returned to the premises of Lightsounds by the Hirer during normal trading hours. If faulty Equipment cannot be repaired or replaced quickly during the hire period Lightsounds undertakes to credit the Hirer’s account for a proportion of the hire charges, on the basis of the number of the hours the Equipment has been used. The Hirer agrees to pay Lightsounds a call out fee if the Hirer or any servant of the Hirer requests Lightsounds to provide service to the Equipment outside of normal working hours or at a location other than the premises of Lightsounds. After hours and/or onsite service are services offered by Lightsounds separate to the hire of the Equipment and as such there is no undertaking of Lightsounds to provide onsite or after hours service to the Hirer and there is no guarantee given or implied that an afterhours or onsite service will be available to the Hirer. The charges invoiced on the front of this form are for the hire of Equipment only without any after hours or onsite service being offered by Lightsounds.
6. LOSS OR DAMAGE: The Hirer should make their own insurance arrangements. The Hirer is responsible for all loss, damage or injury suffered to any person or property, howsoever caused, and to all loss or damage to the Equipment, from the time the Equipment leaves Lightsounds premises, until it is returned and accepted by Lightsounds. The Hirer is advised to obtain public risk insurance and insurance to cover loss, damage or injury to the Equipment and all persons and property. The bond or part thereof shall be returned to the Hirer only after the Equipment has been checked and accepted by Lightsounds – no correspondence shall be entered into. The Hirer assumes full responsibility for all loss or damage to the Equipment including but not limited to: (i) Loss and/or damage occasioned by theft or misappropriation by the Hirer and/or but not limited to his/her employees, servants, agents and drivers; (ii) Loss and/or damage by confiscation or detention by Customs officials or other authorities; (iii) Loss and/or damage arising from wear and tear, gradual deterioration, moth, vermin, woodworm or from any process of cleaning, repairing, dyeing or restoring Equipment; (iv) Loss and /or damage arising from electrical mechanical derangement; (v) Breakage of transistors and other components in electronic Equipment; (vi) Any consequential loss and /or consequential damage; (vii) Loss and/or damage caused by climatic and/or atmospheric conditions and/or extremes of temperature; (ix) Loss and/or damage caused by theft or vandalism from locked and/or unlocked premises or motor vehicles ; (x) Loss and/or damage to the Equipment occasioned through Transportation of the Equipment by persons other than the Hirer; (xi) Loss and/or damage to the Equipment due to any method of transportation used in either delivering the Equipment to the Hirer or in the returning of the Equipment to the premises of Lightsounds including but not limited to couriers; (xii) Loss and/or damage to the Equipment occasioned through the use of, but not limited to, portable power supplies, generators or any power source.
7. TERMINATION: Upon default by the Hirer for any reason Lightsounds may terminate this Agreement and demand the return of the Equipment at any time by giving written notice of the termination to the Hirer or any person on the premises where the Equipment is kept or is being used.
8. DELIVERY, PICK UP AND OPERATOR: Delivery, installation, operation, onsite service, pull down and collection charges are all costed separately to equipment hire rates and such charges are quoted on the basis of free, unhindered access at a time suitable to Lightsounds and it is the Hirer’s responsibility to ensure that Lightsounds personnel and vehicles have a clear path to the delivery site. Where Lightsounds agrees to deliver and/or collect the Equipment at a nominated address, the Hirer agrees to reimburse Lightsounds at a minimum pro rata charge of $40 per hour for any additional costs that Lightsounds incurs should the Lightsounds driver(s) and/or operators be unable to complete the delivery or collection of the Equipment for any reason whatsoever within fifteen minutes from their arrival to the nominated address.
9. IDENTIFICATION: All hirers must be over the age of 18 years. Some types of equipment will not be hired to persons under the age of 24 years. All Hirers are required to provide three (3) forms of identification including:- 1. A current QLD picture Drivers Licence or Equivalent QLD Photo ID, as determined by Lightsounds; 2. Current Medicare card, Passport or signed Bank issued Credit Card or ATM card; 3. Telephone, Electricity, Bank Statement or equivalent as determined by Lightsounds which verify the Hirer’s full name and current QLD address. Required identification must be provided when collecting the equipment or receiving a delivery. Lightsounds reserves the right to request additional identification or information and a third party reference. Lightsounds will not hire equipment to any person who fails to provide required identification.
10. REFUSAL TO HIRE: Lightsounds reserves the right to refuse to hire its equipment to any person or entity without showing cause.
11. CANCELLATION: Unless otherwise agreed, bookings cancelled within 10 (ten) days from the booking date incur a cancellation fee equal to 10% of the hire charge for each day that the notice of cancellation or postponement is less than 10 days prior to the booking date. Cancellations must be notified in writing. The total hire charge is payable before the Hirer takes possession of the Equipment. All payments received may be applied to any applicable cancellation charges and any shortfall shall be recoverable from the Hirer as liquidated damages.
12. SECURED BOOKINGS: Bookings are secured by paying the hire fee in advance of the booking date. The hire fee is fully refundable in the event Lightsounds is unable to supply equipment as ordered. Bookings secured by advance payment have priority over unsecured bookings. A booking without payment of the hire fee is “unsecured” and is not binding on Lightsounds.
13. COPYRIGHT: The Hirer agrees to indemnify Lightsounds against any claims or charges in relation to the use of copyright material.
14. BOND: We require customer’s to provide a credit card or bank details for the refund of bond. We hold the bond for up to 24 hours (from date of return) until all items are inspected, reviewed and tested. We will release the bond back to the customer after confirmation of item/s working and functioning as normal. We don’t charge for fair wear and tear, but we will charge for damage; intentional or otherwise. Customer’s who do not provide these details will be required to call after 24 hours from the item/s returning in order to process their bond refund over the phone. We will hold a bond for a maximum of 90 days from the date of return – if customer’s do not contact us to claim their bond within this given period it will be void.
15. Failure of Lightsounds to insist on strict performance by the Hirer of any condition of this Agreement is in no way deemed to be acceptance of that breach or any other breach of the conditions of this Agreement.
16. If any of the terms of this Agreement is or becomes for any reason wholly or partly invalid, that condition shall to the extent of the invalidity be severed without prejudice to the continuing force of the validity of the remaining conditions.
17. These terms and conditions shall be governed by and construed to take effect in accordance with the laws of Queensland.
18. Unless the context of subject matter otherwise indicates words importing the singular shall be deemed to include the plural and vice versa.
19. Where the Hirer is a corporation the words “he”, “his” and “she” shall be deemed to be it.
20. The masculine gender shall include the feminine gender and vice versa.
21. It is agreed that clause headings have been inserted merely for convenience and nothing in such headings shall affect in any way the interpretation or construction of this Agreement.