BSS Hire Terms and Conditions
The hirer (and which term includes any employees, servants and agents of the hirer) HEREBY HIRES from BSS Light Audio Visual (“BSS”) 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.
1.2 The hirer shall pay a deposit in an amount determined by BSS and which amount shall be held by BSS by way of a security bond and then refunded to the hirer upon the satisfactory completion of the hire agreement and return of the equipment, and subject to the other terms and conditions herein.
1.3 All equipment must be returned to BSS by the time agreed between the hirer and BSS 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, and the deposit will be forfeited to BSS.
2.1 All hire charges and deposits are payable in advance of collection or delivery of the equipment to be hired.
2.2 Payment may not be made by cheque for either hire fees or deposit unless previously requested to and agreed by BSS before collection or delivery of equipment.
2.3 When the hirer has given a credit card or account debit authority, BSS is hereby authorised to debit all fees and charges (including damages) payable under this agreement to the hirer’s card or account, whether owing now or in the future.
3. Delivery and Return of Equipment
3.1 Unless BSS 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 to the premises of BSS and shall also be responsible for any preparation of the venue that may be required.
3.2 Monday to Friday hires can be collected between 12:30pm and 5pm unless otherwise arranged and approved by BSS. Saturday hires can be collected between 10:30am and 12:30pm unless otherwise arranged and approved by BSS. Monday to Friday hire returns must be made between 9am and 12pm on the return date stipulated on the hire agreement unless otherwise arranged and approved by BSS. Saturday hire returns must be made between 9am and 10:30am Saturday unless otherwise arranged and approved by BSS.
3.3 Under no circumstances shall the hirer transport any equipment in utilities or trailers, and any breach of this term shall result in the deposit being forfeited to BSS.
4.1 In the event that the hirer cancels delivery of equipment or services, BSS 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, deposit or hire fees already paid by the hirer shall be forfeited to BSS.
5.1 The hirer agrees with BSS that:
(a) the equipment shall remain the property of BSS 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 BSS;
(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 BSS;
(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 BSS its servants 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.
6.1The 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 BSS will be charged at the normal hourly repair rate of BSS.
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 BSS.
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 BSS, or the replacement cost of new equipment or accessories has been paid by the hirer. The hirer indemnifies BSS for all loss or damage suffered as a consequence of such damage or loss to, or failure to return, the equipment and accessories.
7.1 BSS is not responsible for the supply of patch cables to connect with any equipment not owned or hired by BSS.
7.2 BSS 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. BSS 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 BSS, and BSS will use its best endeavours to expeditiously repair or replace the equipment.
8.2 BSS 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 BSS of such malfunction or breakdown.
9.1 BSS 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 BSS 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 BSS.
9.4 The hirer acknowledges that under no circumstances is BSS responsible or liable for any failure or unsuitability of the equipment to perform the purpose required by the hirer.
10.1 These terms and conditions constitute the entire agreement between BSS and the hirer with respect to the equipment and any services provided by BSS and shall not be amended except in writing by BSS.
10.2 This hire agreement shall be governed and construed in accordance with the laws of the State ofSouth Australia. The jurisdiction ofSouth Australiashall apply to any dispute arising out of this hire agreement.
For after hours emergency assistance with our hire equipment, please call 0430 122 245