In these conditions (and in any document in which reference is made to these conditions) the following terms shall have the following meaning:
means the contract(s) made between The Company and The Customer for the hire of the equipment to which these conditions apply;
means Screentech Pty Ltd and Racing and Wagering WA (RWWA), which expression shall where the context so require include is successors and assigns;
means person, firm or company who hires the equipment under the agreement.
means the goods hired to The Customer by The Company under an agreement.
means the applicable hire charge(s) payable by The Customer to The Company for the hire of the equipment for the hire period.
2.1 All quotations are made, all orders received and accepted and each agreement is entered into by The Company subject to these conditions of hire to the exclusion of all other conditions.
2.2 These conditions shall prevail over any inconsistent terms applied by the law or by trade custom, practise or course of dealing and previous terms and conditions (if any) of The Company and any such terms and conditions stipulated by The Customer (howsoever arising) are hereby excluded and negated unless expressly agreed otherwise in writing by The Company.
2.3 No servant or agent of The Company has the power to vary these conditions or to make any warranty representative or promises about the condition of the equipment, their fitness for any purpose or any other matter whatsoever, unless expressly agreed otherwise in writing by The Company.
2.4 No terms, conditions, warranties or representations not recorded herein shall be binding on The Company, except where such is necessarily imported into any agreement by the statute, act or a common law and is not specifically excluded hereunder.
Quotations, Acceptance and Orders
3.1 All quotations issued by The Company are based on The Company's current costs at the time of The Customers request and accordingly are subject to amendment on or after acceptance.
3.2 Unless otherwise stated in writing any quotation issued by The Company will remain open for 7 days only and only for up to 7 days prior to event and shall then lapse. A surcharge may apply ordering of equipment / services within 7 days of the event.
3.3 A quotation shall not constitute an offer to supply and no agreement exists unless and until there has been an acceptance by The Company in writing or orally by duly authorised employee or agent of The Company of an order placed.
Charges, Payments and GST
4.1 Customers without approved credit terms shall pay to The Company the hire and installation charges as per the following schedule, unless the contrary is agreed in writing by The Company:
50% to be invoiced on placing the order.
50% to be invoiced on the day of the event.
Unless otherwise agreed.
Invoices shall be payable on receipt, terms of payment being of the essence.
4.1.1 All other sums due to The Company under an agreement shall be payable on receipt of invoice.
4.2 Customers with approved credit terms shall pay to The Company the hire charges as per the following schedule, unless the contrary is agreed in writing by The Company.
50% to be invoiced on placing the order
50% to be invoiced on the day of the event.
Invoices shall be payable within 28 days of the date of the invoice, terms of payment being the essence.
4.2.1 All other sums due to The Company under an agreement shall be payable within 28 days of the date of the invoice.
4.3 All sums due to The Company under the agreement shall be paid together with GST and any other applicable taxes, which may from time to time be introduced, which shall be charged thereon in accordance with the relevant regulations and at the applicable rate in force at the time of charging.
4.4 The Company shall be entitled to demand immediate payment by The Customer of any costs and expense incurred by or on behalf of The Company in taking all necessary steps in ascertaining the whereabouts of the equipment or repossessing it, to recover any payments due under these conditions or to enforce any other terms of these conditions
Installation / Removal
5.1 The Customer shall at its own expense supply or procure the supply of suitable accommodation, mountings, electrical supply and environment for the equipment in accordance with The Company's instructions and specifications.
5.2 Where The Company deems necessary The Customer shall bear the cost of any extra items or equipment, materials or labour required for the installation of the equipment.
5.3 On arrival on site The Company require a competent person designated by The Customer to be responsible for the positioning of the equipment on site. The Company should be met on arrival by this predetermined individual / group.
5.4 The Customer is responsible for the permission of The Company to park required vehicles in the area surrounding the equipment. If permits or site permission is required by The Company then these must be obtained by The Customer prior to the event.
5.5 The Customer is responsible for the security of the screen from arrival on site until its departure. This includes any over night stays.
5.6 Where The Company deems necessary The Customer shall bear the cost of any extra costs required for the safe removal of any equipment.
6.1 Upon the request of The Customer and with reasonable notice, The Company shall service the equipment by repairing or replacing any parts which may become defective through fair wear and tear.
6.2 The Company reserves the right if it considers necessary to remove the equipment and provide temporary or permanent replacement equipment having capabilities at least equivalent to that of the equipment.
6.3 The Company in its absolute discretion may make changes in the specification of the goods to be supplied provided such changes do not materially affect the quality of the goods.
6.4 The Company shall, as far as is practicable, give The Customer prior notice of the change to any specification.
6.5 The Company reserves the right to refuse to service the equipment if any payment under the agreement is outstanding and such refusal shall without prejudice to any other rights and remedies The Company may have or The Customer’s liabilities there under.
6.6 Unless otherwise agreed in writing between The Company and The Customer, The Company shall not be responsible for any tapes, disks, compact disc or records for use within the agreed event.
Ownership and Liability
7.1 Beneficial and legal title in the equipment shall remain in The Company at all times and The Customer shall have no right or interest in the equipment except for the quiet possession and the right of use of the equipment upon the terms of these conditions.
7.2 The Customer shall keep the equipment in its possession at all times and not without The Company's prior written consent move or procure the removal of the equipment from the event area.
7.3 The Customer shall not at any time : sell, offer for sale, rent, pledge or lend or otherwise part with possession of any equipment that is the sole property of The Company
7.4 The Company reserve the right to stop the use of all equipment due to reasons beyond our control.
Loss or Damage
8.1 The Customer shall be liable for and shall indemnify The Company in full against theft of any equipment or any other loss.
8.2 In addition to the provisions of clause 8.1 The Company may, at its option require:
8.2.1 The Customer to pay The Company charges in respect of insuring the equipment against risks set out in clause 8.1
8.2.2 The Customer to provide proof of alternative insurance cover against all risks for full replacement value of the equipment.
Access to equipment
The Customer shall provide or ensure that The Company, its servants or agents, has access to the equipment at all times.
10.1 The Customer shall indemnify and keep indemnified The Company against any and all costs, claims, liabilities, damaged, expenses, proceedings, actions or demands (including without limitation legal fees and costs) resulting at any time from The Customers use of the equipment in breach of alleged breach of any copyright or other rights.
10.2 The Customer must obtain prior to installation of the equipment all consents, permissions and approvals required in the respect of such installations and use of the equipment at the event.
10.3 If The Customer wishes to cancel any agreement after The Company has accepted an order for equipment but before installation of the equipment, The Company may, at its discretion and without prejudice to any other rights and remedies it may have, treat such cancellation as a breach or a repudiation of an agreement and, agree to accept any of the following payments from The Customer:
|Days notice given prior to date of installation||% of hire charge|
|Cancellation after returning the signed agreement||50% (or deposit retained)|
|Cancellation within 14 days of event date||75%|
|Cancellation within 24 hours of event date||90%|
|Unless otherwise agreed and is stated on the hire agreement.|
10.4 If The Company cancels the agreement after The Customer has returned the order for equipment then The Customer will receive a full refund of all monies paid in respect of the agreed event.
Termination by Customer
In the event that The Customer attempts to terminate this agreement before the expiry of the hire period, The Company may, at its absolute discretion and without prejudice to its right to treat cancellation as breach or repudiation of any agreement, agree to accept such cancellation provided that The Customer shall not be entitled to any refund of the hire charge or any other payments made to The Company.
Without prejudice to its other rights, The Company shall have the right forthwith to terminate this agreement by notice in writing to The Customer, and to claim any resulting losses or expense if:
12.1 The Customer fails to make any payments when it becomes due or
The Company reserves the right to withdraw equipment prior to or during an event due to adverse weather conditions.
Limit Of Liability
The Company accepts liability for death or personal injury resulting from the negligence of the company or its employees whilst acting in the course of their employment.
15.1 The Customer shall not assign, delegate or otherwise deal with all or any of its rights and obligations under an agreement without The Company's prior written consent.
15.2 The Company shall have the right to assign or otherwise delegate all or any of its rights and obligations under an agreement upon notice to The Customer.
Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control.
Failure by either party to exercise any rights conferred by these conditions shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof or any other rights on any later occasion.
Any notice to be given in writing hereunder by the parties shall be deemed to have been duly served if delivered personally or sent by pre-paid first class post to the address of the party stated overleaf or to such other address as such other party may notify in writing to the sender.
Law and Jurisdiction
Any agreement shall be construed and interpreted in accordance with Australian law and the parties hereby agree to submit to the sole jurisdiction of the Australian courts in respect of any dispute arising out of or in connection herewith.
You understand that if you sign this contract as a Director, Officer or on behalf of a Limited Company and that Limited Company is unable or shall fail to meet its commitments or enters into liquidation or amalgamation (and the amalgamated company shall not settle the account made in accordance with this agreement) then you hereby give your irrevocable personal guarantee that you will settle the Big Screen account in full within 14 days of the account being issued and under this guarantee you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual.