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 TERMS
AND CONDITIONS OF RENTAL
CLICK TO VIEW CLIENT
FORM FOR PRINTING
INTERPRETATION
In
these conditions of Business unless the context otherwise requires:
"OZCAM" means Ozcam Professional Video Hire Pty Ltd (CAN 088 356 307).
The "Customer" means the person (including his successors, personal
representatives and permitted assignees) hiring equipment from Ozcam.
"Equipment" means all or any items hired by the Customer from Ozcam.
INSPECTION
The
customer agrees that the equipment supplied is in good order and
suitable for their use and that they are familiar with its operation.
1.
The customer agrees that he has inspected the equipment and is
satisfied that;
(a) the equipment is in working order, and
(b) he understands the proper uses for which the equipment is designed
and the safe operation of such equipment
(c) the customer acknowledges that the customer has not relied upon the
skill or judgement of Ozcam in entering into this contract
TERMS
OF HIRE
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The Customer shall take all reasonable precautions to avoid loss or
damage top the equipment during the period of hire.
I.
The Customer shall at all times retain the equipment in its custody and
will ensure that only the customer and/or its employees or servants having
appropriate qualifications and experience be permitted to use equipment.
II. The customer shall not lend or rehire the equipment to any other person.
III. The customer agrees that it shall not, without the prior written
consent
of OZCAM use the equipment on any abnormal or hazardous assignment
or transport the equipment from the ground other than on a regular
schedule flight by a recognised airline.
IMPLIED
TERMS
I.
The customer acknowledges that neither OZCAM nor any person
purporting to act on its behalf has made any representation or given any
promise or undertaking which is not expressly set out in this agreement
whether as to the fitness of the equipment for any particular purpose
or any
other matter.
II. The customer further acknowledges that is has determined the
equipment conforming to the contract description will be fit for its purposes
and that it has not relied on the skill or judgment of OZCAM or any person
purporting to act on its behalf in selecting such equipment and that before
taking delivery the customer has checked the equipment for completeness,
correct functioning and suitability, including film testing of all cameras.
III. The provisions of this clause do not apply insofar as their application
is
prevented by the Trade Practices Act 1974 or the law of any other State
or Territory.
DELIVERY
2.The
customer shall be responsible for the collection and return of
equipment except where prior arrangements are made with OZCAM for
delivery and return. OZCAM shall have absolute discretion as to the mode
of delivery and the customer will, at all times, bear the risk and the
cost.
PAYMENT
The
customer agrees to pay rental charges until the equipment is returned.
3.
The customer will pay to Ozcam rental charges at the rate and in the
manner specified on the front hereof from the time when the equipment
leaves the premises of Ozcam until the equipment is returned to such
premises subject always to clause 6(3) or clause 11(3) hereof as applicable.
LATE
RETURN
The
customer agrees to return the equipment on time or pay extra rental
charges. 4. The customer agrees to return the equipment by no later than
the time and date specified under the words "Client will return before"
on
the reverse of this form. If the equipment is not returned by the time
and
date so specified, the customer shall pay additional rental charges at
the
daily rate specified on the front hereof from such date to the date when
the
equipment is actually returned to or collected by Ozcam subject always
to
clauses 6(3) or 11(3) hereof as applicable.
BREAKDOWN
The
customer shall notify Ozcam of any breakdown and not attempt repairs.
5. (a) The customer shall notify Ozcam immediately upon customer becoming
aware of any equipment shortage or malfunction, howsoever arising.
(b) The customer will not interfere in any way with any mechanical fittings
or
appliances attached to or forming part of the goods or, without the written
consent of Ozcam, have any repairs effected thereto by any person other
than
an employee of Ozcam or such person as Ozcam may nominate.
DAMAGE
The
customer agrees to pay for damage to the equipment.
6. 1) In the case of damage or injury (by fire, storm or through any cause
whatsoever) to the equipment rented in circumstances where Ozcam is of
the opinion that the damage or injury was caused or contributed to by:-
(a) the equipment being used for purposes for which it was not designed
(b) the customer or any other person attempting to repair the equipment
without the prior consent of Ozcam
(c) any negligence by or on the part of the customer and/or his servants
or
agents; or
(d) accident or misuse or abuse of the equipment then the customer shall
pay on demand
the cost of repairs to the equipment unless in the opinion of
Ozcam the equipment is unable to be repaired in which event the provisions
of clause 11(2) shall apply as if the equipment had been stolen or lost.
(2) It is agreed that for the purposes of this clause and of clause 6(2)
and
6(3) the cost of repair or of replacement as the case may be and any charges
payable pursuant to clause 5(3) or clause 6(3) may be deducted from the
deposit and the customer shall pay the excess to Ozcam on demand.
(3) The customer shall also pay to Ozcam on demand a sum equal to the
rental charges which Ozcam could have obtained for the period from the
date of commencement of the rental of the equipment damaged or injured
to the date of receipt by Ozcam of payment of the repair charges pursuant
to
clause 5(1) or the replacement costs I accordance with clause 6(2) and
incidental charges LESS any rental charges actually received by Ozcam
COMPENSATION
The
customer agrees to pay for the cost of equipment lost or stolen.
7. Where any equipment rented is stolen or is otherwise lost (whether
by
fire or through any other cause whatsoever) the customer shall, whether
or
not the Customer has been negligent,
(1) notify Ozcam of the theft or loss immediately upon becoming aware
thereof;
(2) pay to Ozcam on demand an amount equal to the cost of replacing the
equipment stolen or lost PROVIDED THAT;
(a) where Ozcam is unable, after making reasonable enquiries in the trade
in Sydney to purchase equipment of an equivalent standard and condition
to the stolen or lost equipment THEN the customer shall pay to Ozcam on
demand the cost of purchasing new equipment of the same make and model
as the stolen or lost equipment or
(b) where Ozcam is unable, after making reasonable enquiries in the trade
in Sydney or purchase new equipment of the same make and model as
provided in paragraph 2(a)
of this clause THEN the customer shall pay to Ozcam on demand the cost
of purchasing new equipment which most nearly equals the performance of,
and is of similar quality and function to the stolen or lost equipment
PLUS
all incidental charges which Ozcam may incur including the cost of altering
the equipment to fit peripheral equipment and to comply with standard
protections.
(3)
Provided there has not been negligence on behalf of Ozcam, then pay
to Ozcam on demand a sum equal to the rental charges which Ozcam could
have obtained for the period from the date of commencement of rental of
the
stolen or lost equipment o the date of receipt by Ozcam of payment of
the
full amount provided for in paragraph 2(a) or 2(b) of this clause 6 as
applicable, LESS any rental charges actually received by Ozcam.
8.
Notwithstanding anything contained in these conditions where any
discount is allowed by
Ozcam to the customer, rental charges t the full rate
will apply if the payment of the amount stated on the front hereof is
not
received within 14 days of the proposed return date, or as otherwise stated
in the front hereof. INDEMNITY
9.
The customer shall indemnify and keep indemnified and save harmless
OZCAM and OZCAMıS servants and agents for a minimum of
A$10,000,000.00 from all damages, suits, actions, claims and demands
of every description whatsoever and howsoever arising either, directly
or indirectly from the use, maintenance, transport, operation of the
equipment or otherwise arising out of or in connection with this agreement
whether resulting from the negligence of OZCAM, its servants, agents
or otherwise.
CANCELLATION
CHARGES
10.
Except where otherwise agreed by OZCAM, cancellation of booked or
reserved equipment within 24 hours of the time specified for collection
will incur a cancellation charge up to a maximum of fifty per cent (50%)
of the hiring fee for the equipment concerned.
INSURANCE
Provided
that Insurance has been paid the customer is responsible for only
the first $1000 of any loss or damage EXCEPT where due to water damage,
theft from vehicles or other exclusions.
11.
Where the customer has paid the Insurance charges specified on the
reverse here of then the customers liability under Clauses 5(1). 5(2),
6,
and 7 shall be limited to the sum of $1000 EXCEPT where the damage
or loss occurs as a result of water damage, theft from unattended motor
vehicle, or other exclusion under the Insurance policy then in place.
RECOVERY
OF EQUIPMENT
Ozcam
has the right to recover its own equipment if charges are not paid.
12. If the customer does not return the equipment at the end of the term
or
rental, or if the customer shall fail to pay any rental charges within
(7) days
after the proposed return date or shall fail to observe and perform these
conditions or if the customer shall do or permit any act or thing whereby
Ozcams rights on the equipment may be prejudiced Ozcam may,
notwithstanding any waiver or some previous default, forthwith without
notice to the customer retake possession of the equipment and for that
purpose enter into or upon the job address or such other premises where
the same may be without prejudice to the rights of Ozcam to recover from
the Customer any monies due hereunder or damages for breach hereof
and the Customer indemnifies Ozcam in respect of any legal claims
arising out of action taken pursuant to this clause.
GENERAL
OBLIGATIONS OF CUSTOMER
The
customer agrees that the equipment remains the property of Ozcam
and that they will not dispose of it or take it outside New South Wales
without
permission. The customer agrees to use the equipment carefully, keep it
safe and return it in good order. The customer is responsible for delivery
and pickup.
13.
(1) Unless otherwise agreed between the customer and Ozcam the
customer shall be responsible for the cost of the pickup and delivery
of
the equipment to Ozcam.
(2) he customer acknowledges that all equipment rented remains the
property of Ozcam at all times and the customer will not sell, charge,
pledge or part with possession of the equipment.
(3) The customer acknowledges having received the equipment in good
working order and condition and the customer will use the equipment in
a careful and proper manner and permit only skilled and experienced
personnel to use the equipment and will not use the equipment in
connection with any dangerous or hazardous activity.
(4) The customer shall not take equipment outside the State oif New
South Wales or Australia without the prior consent of Ozcam.
(5) In the event that the departure or return of the equipment is delayed
by reason of intervention of Customs or other Authorities of any country
no allowance or credit will be given to the customer for or against rental
charges.
SUBSTITUTION
Ozcam
may supply other equipment than the model specified.
14. Ozcam reserves the rights to substitute suitable alternative equipment
to that reserved by the customer at any time prior to or during the period
of rental.
LEGAL
PROVISIONS
Except
for the rights given to customers under Government Legislation, the
only valid terms and conditions for rental are those contained in this
document. In the event of any failure, Ozcamıs liability is limited to
the cost
of supply of hire equipment.
15. In the event that the supply of services pursuant to this contract
is a
supply of services as defined In the Trade Practices Act 1974 ("the Act")
then to the extent the Act permits the supplier to limit its liability
for a breach
of a condition or warranty implied by the Act, the supplierıs liability
for such
breach shall be limited to the supplying of the services again or the
payment of the cost of having the services supplied again.
16.
(a) Certain legislation (including the Trade Practices Act 1974 as amended)
has the effect of giving a customer certain rights which cannot be excluded,
restricted t modified by agreement. The provision in the 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 upon the customer and the restrictions
so imposed upon Ozcam (to the extent that such rights and restrictions
may be applicable) as set out in paragraph a);
(I) Representations and agreements not expressly contained therein or
incorporated herein by reference shall not be binding upon Ozcam as
conditions, warranties or otherwise.
(ii) All conditions, warranties and representations on the part of Ozcam
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 this agreement shall be in writing
and shall be signed by both parties. (iv) Ozcam shall be under no liability
to the customer for any loss (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 Ozcam, its servants or agents, or any
other
person in any way related to or arising out of the supply or non-supply
or
performance of anything or any service provided for or contemplated by
or in
pursuance of this agreement (including negligent acts or omissions).
17. In the event that the supply of goods pursuant to this agreement is
a
supply of goods as defined in the Trade Practices Act 1974 as amended
("the Act") nothing contained in this agreement excludes, restricts or
modifies
in relation to this agreement and the goods supplied hereunder any condition,
warranty, right or remedy which, pursuant to the Act, applies to this
agreement
or is conferred on the customer provided that to the extent the Act permits
Ozcam to limit its liability for a breach of a condition or warranty implied
by
the Act, then the liability of Ozcam for such breach shall be limited
to the
payment of the cost of replacing goods or acquiring equivalent goods.
GOVERNING
LAW
18.
The customer agrees that these Terms and Conditions of Hire shall be
construed according to the laws of the State or Territory as OZCAM may
in its
sole discretion determine. Proceedings may be instituted in such State
or
Territory as OZCAM may in its sole discretion determine. Failing such
determination the customer consents to any proceedings being instituted
and heard by any appropriate court sitting in the state of New South Wales
applying the laws of the State of New South Wales.
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