TERMS AND CONDITIONS

1. Hire Agreement

1.1 This “Hire Agreement” is these Terms and Conditions and each completed Hire Form (as defined below), which together form a binding and entire agreement. This Hire Agreement is made and entered into upon the first booking and applies to each subsequent booking or Hire Form for the same person or entity, but with each new Hire Form constituting a new agreement, until the Terms and Conditions are varied.

1.2 You, the party or parties named as Hirer on the Hire Form (Hirer) have requested or booked services and/or equipment provided by Raz Media Pty Ltd trading as RAZ RENTALS (ABN 41 850 056 847) (Raz Rentals) as set out on an application and booking form setting out your details as Hirer (Hire Form) and which includes an outline and description of the equipment to be booked by you (Equipment) and any delivery details and the duration and use of the Equipment and fees payable for the hire of the Equipment (Hire Fees).

1.3 Upon full payment of the Hire Fees (including any deposit), or acceptance of the Hire Agreement by Raz Rentals, whichever is earlier, the Hire Agreement will become a confirmed booking and Raz Rentals will be obligated to provide the Equipment in accordance with the Hire Agreement. However, if the Equipment is provided to or used by the Hirer at any time prior to this, the booking is deemed to become confirmed and this Hire Agreement will apply and the Hire Fee is payable.

1.4 The Hirer must provide Raz Rentals as a pre-condition to hire, 100 points of identification, in a form acceptable to Raz Rentals, which must include a valid Australian Passport and driver’s licence, which may be copied, and if required, open a hire account with Raz Rentals and provide any information required in order to do so.

2. Hire of Equipment

2.1. Raz Rentals agrees to provide to the Hirer, by way of hire only for the Hirer’s sole and exclusive use, the Equipment specified in each Hire Form. Raz Rentals reserves the right to substitute the Equipment with equipment of similar kind or which fulfils a similar purpose if the Equipment chosen by the Hirer is not available for any reason. In such a case, no refund will be available to the Hirer except in Raz Rentals’s sole discretion.

2.2 Should the Hirer breach any obligation or warranty in this Hire Agreement or become bankrupt or insolvent or any like or precursor event, or if any writ of attachment or execution is levied, applied or notified in relation to the Equipment by any party and not released or satisfied, Raz Rentals may seek immediate payment of and be solely entitled to retain all Hire Fees, terminate this Agreement immediately upon written notice to the Hirer, take possession of the Equipment without demand or notice wherever it may be located, without any court order or other process of law, and without any liability to the Hirer (which is waived), or pursue any other remedy available in law or equity.

3. Hire Fees

3.1. The fees for the rental of the Equipment are as outlined in each Hire Form, subject to acceptance and confirmation by Raz Rentals. The Hire Fees MUST be paid for within 14 days of acceptance by Raz Rentals, at which time Raz Rentals may provide a tax invoice for applicable fees.

3.2 All sums in this Agreement are exclusive of any GST which is payable unless otherwise specified, and all sums owing are payable on 14 days unless otherwise agreed, or set out in this Agreement. Interest is payable on any overdue amounts after 30 days under this Hire Agreement at 2 percent per annum above the higher of the interest rate charged by Raz Rentals’ bank or the Reserve Bank’s cash target rate.

3.3 The following standard fees and charges apply to this Hire Agreement, which may be updated from time to time by Raz Rentals either in this Hire Agreement or on the Raz Rentals bookings website:

• Cleaning of Equipment (if required in Raz Rentals discretion) – $150
• Late Return Fee at current rates hire for each day or part beyond the period in the Hire Form
• Equipment Tampering Fee for any repair needed due to tampering, charged in accordance with the cost to Raz Media by the repairer, or a reasonable fee if Raz Rentals coducts repairs

3.4 Cheques (Personal or Business) will NOT be accepted. Internet bank transfers, Credit Card (subject to reasonable surcharges in accordance with applicable laws) or Cash will be accepted. Payments can be made to: Raz Rentals – BSB: 016464Account Number: 205843984.

3.5 If any request or booking is for 4 days or longer, payment of a deposit of 30% of the applicable Hire Fees is required by a date to be determined by Raz Rentals but no later than the first day of the hiring period. A booking requiring a deposit will only be confirmed once the deposit has been received in full by Raz Rantals. In the event of cancellation of any booking, the full deposit is refundable in Raz Rentals sole discretion, taking into account any lost bookings or other costs. Any hiring for 4 consecutive days or longer will be charged at the equivalent of 7 days hire, including where Equipment is not returned and additional days apply under this Hire Agreement.

3.7 Refunds will only be issued as internet bank transfers, which will be paid to the Hirer as set out in the Hire Agreement or to the bank account otherwise notified to Raz Rentals by the Hirer.

3.8 If Raz Rentals delivers the Equipment to the Hirer, the Hirer grants Raz Rentals the right to enter the property at the delivery address for delivery and subsequent pick up of the Equipment. All costs or charges in delivering and pick up of the Equipment are additional to the Hire Fee in Raz Rentals’ discretion.

4. Use of Equipment

4.1 The Hirer will at all times comply with the operating instructions relating to the operation and handling of all Equipment, which may be provided by Raz Rentals with the Equipment or available upon request by the Hirer, and otherwise consistent with good and safe industry practice. The Hirer agrees to observe all safety precautions and obey all rules for use of the Equipment, and agrees that the Hirer has been provided with a copy of any safety precautions and rules for its use.

4.2 Raz Rentals tests all equipment to be in full working order prior to any hiring or client pick up. All responsibility and liability for the Equipment rests with the Hirer from pick up or delivery until it is received by Raz Rentals. It is the Hirer’s sole responsibility to test the equipment at time of hire. Hirer agrees to keep the Equipment in the same condition as when it was received from Raz Rentals, ordinary wear and tear expected. No alteration or attachments to the Equipment are to be made. If, on return, any maintenance is required, a tampering fee will be applied per Section 3.

4.3 The Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the appearance, capabilities or value of the Equipment or is necessary in the event of emergency or for proper operations.

4.4 If the Hirer’s use of the Equipment is other than the usual intended use of the Equipment, this Agreement may be terminated immediately by Raz Rentals and the full Hire Fees become payable.

4.5 The Hirer is solely responsible for use and safe keeping of Equipment from the delivery to pick-up or return. Any damaged/lost/stolen Equipment will be paid for by the Hirer and as set out herein. The Hirer acknowledges and agrees that full title in the Equipment remains with Raz Rentals at all times, and without limiting anything herein it possesses the Equipment as mere bailee only at law.

4.6 The Hirer agrees to pay Raz Rentals the repair costs for any Equipment that is damaged and can be repaired up to the value of $1,200 (or any higher amount applicable as “excess” under Raz Rentals’ insurance), as determined by Raz Rentals providing the Hirer a quote for repair. The costs for repair are to be paid within 14 days upon provision of the quote for repair or the damage occuring..

4.7 The Hirer agrees to pay Raz Rentals the replacement cost (Replacement Cost) for any Equipment lost, stolen or damaged beyond repair up to the value of $5,000 (or any higher amount applicable as “excess” under Raz Rentals’ insurance) as determined by Raz Rentals providing the Hirer a quote for replacement. The full Replacement Cost is to be paid within 14 days upon provision of the quote for repair or the damage occuring.Declaring any Equipment ‘damaged beyond repair’ will be at the sole discretion of the Raz Rentals.

4.8 The Hirer will be solely liable for any direct or indirect or consequential loss of business suffered by Raz Rentals as a result of any damaged/lost/stolen Equipment, including other hires of that Equipment. Loss of business shall be calculated at the normal hire rate for all damaged/lost/stolen Equipment until the Equipment is repaired or replaced accordingly and available for hire.

5. Power Connection

5.1 Equipment MUST be used with properly tested, compliant and “tagged” power sources ONLY. Raz Rentals reserves the right to cancel a booking if this condition cannot be or is not being met. Any refunds as a result of this, will be determined by Raz Rentals in its discretion.

6. Storage and Safe Keeping

6.1 The Hirer is solely responsible for storing and securing the Equipment whilst it is on hire and until it is returned to Raz Rentals. The Equipment must be stored and secured in accordance with any instructions on storage and operation of the Equipment notified by Raz Rentals to the Hirer. Raz Rentals retains the right to determine if a location is suitable for storing Equipment at any time. If a premises or location is deemed not suitable in Raz Rentals’ sole discretion, the Equipment may be immediately collected and any remaining Hire Fees will be refunded, less costs of collecting the Equipment, and any damage or repair costs applicable under this Hire Agreement. The Hirer agrees to keep the Equipment in their custody and will not sublease, rent, sell, licence or otherwise deal with or transfer Equipment. The Equipment remains the property of Raz Rentals and may be collected by Raz Rentals at any time after expiry or termination of the Hire Agreement.

6.4 To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause and if the Equipment is lost, stolen, damaged or destroyed whilst on hire, the Hirer will continue paying Hire Fees, will immediately provide Raz Rentals with detailed written notice of the loss or damage and return the Equipment.

6.5 The Hirer will not encumber the Equipment or allow the Equipment to be encumbered, subject to any security or lien or pledge the Equipment as a security or collateral, in any manner whatsoever.

7. Failure or malfunction

7.1 In the event of failure or malfunction of the Equipment during the time it is in possession of the Hirer which does not arise through misuse, mistreatment or some other breach of this Agreement of any kind by the Hirer, the Hirer acknowledges that Raz Rentals will be responsible for a partial or complete refund of the hiring fees only for the period when the Equipment was not functional due to that failure or malfunction, at the sole discretion of the Raz Rentals. Raz Rentals’ liability to the Hirer in this case will be limited to a maximum of a complete refund of the Hire Fee.

7.3 The Hirer agrees to indemnify Raz Rentals in relation to any claims by persons or entities who are not parties to this agreement arising out of the use, misuse, mistreatment, failure or malfunction of the Equipment or any breach of this Hire Agreement during the time of hire.

9. Insurance

9.1 Raz Rentals will maintain and pay for any insurance against loss of and damage to the Equipment.

9.2 If requested by Raz Rentals, the Hirer will, for as long as it has possession of the Equipment, take out, maintain and pay for comprehensive general or public liability insurance against claims for loss or injury, including death, and property damage or loss arising out of use of the Equipment, with limits of at least A$20,000,000.00 or as otherwise requested and notified to it by Raz Rentals. The Hirer will provide Raz Rentals with a full copy of any insurance policy promptly upon request.

9.3 If the Hirer fails to maintain and pay for any required insurance, Raz Rentals may, but is not obligated to, obtain that insurance, and if Raz Rentals does obtain such insurance, the Hirer will pay to Raz rentals the full cost of that insurance upon notification from Raz Rentals of the amount

10. Warranties

10.1 The Hirer warrants that all details provided and entered on the Hire Form are true, accurate and complete and not misleading in any way including by omission, that it is not subject to any limit or restriction that would prevent it from lawfully entering into this Hire Agreement and hiring all the Equipment from Raz Rentals, and that it has relied solely on its own skill and judgement and not on any representations or statements made by Raz Rentals, and accepts full responsibility and liability for the suitability and fitness of the Equipment for the Hirer’s intended uses and purposes.

10.1 Raz Rentals warrants that any Equipment provided under this Hire Agreement will be in good working order on the effective date of the Hire Agreement. Raz Rentals’s obligation under this Hire Agreement is limited to repair or replacement of the Equipment. This warranty is in lieu of any and all other warranties expressed or implied, and of any and all obligations and of all liabilities on the part of Raz Rentals for loss or damages of any kind, including, but not limited to, consequential damages, arising out of or in connection with the use or performance of the Equipment, and all other warranties or guarantees are expressly excluded to the fullest extent permitted by law.

11. Equipment Disclaimer and Waiver

11.1 The Hirer shall be in charge of the operation of the Equipment, and is fully responsible for said operation as well as return of the Equipment as set out herein. Raz Rentals, its staff and agents are not responsible for any loss or injury occurring to the Hirer or any other person using Equipment, and the Hirer further agrees to hold the Raz Rentals its staff and agents free and harmless against any loss, injury or claims, actions, suits, proceedings, costs, expenses, damages and liabilities (legal practitioner’s fees and related costs) arising out of the Hirer’s use of the Equipment. The Hirer shall indemnify, and keep indemnified, Raz Rentals, its staff and agents from and against any loss, injury or claims, actions, suits, proceedings, costs, expenses, damages and liabilities incurred in any way arising from the Hirer’s use and return of the Equipment, including due to any negligence.

12. Acceptance of Hire Agreement and Terms and Conditions

12.1 Any instructions received by Raz Rentals from the Hirer for the supply of Equipment or the Hirer’s acceptance of Equipment supplied by Raz Rentals, constitutes acceptance of this Hire Agreement.

12.2 If more than one Hirer has entered into this agreement, the Hirers shall be jointly and severally liable for all payments and responsibilities contained in this Hire Agreement and each of them are deemed to have severally and fully accepted the Hire Agreement and these Terms and Conditions.

12.3 This Hire Agreement will constitute the entire agreement between the parties and any prior understanding or representation of any kind prior to the date of this Agreement will not be binding on either party except to the extent expressly incorporated in this Agreement and this Hire Agreement is subject to the laws and exclusive jurisdiction of the courts of Western Australia.

12.4 The Hirer shall give Raz Rentals not less than fourteen (14) days prior written notice of any proposed change of any change in the Hirer’s identity and any other change in the Hirer’s details (including but not limited to, changes in the Hirer’s contact details). The Hirer shall be liable for any loss or cost incurred by Raz Rentals as a result of the Hirer’s failure to comply with this clause.

12.5 Equipment is supplied by the Raz Rentals solely on the terms of this Hire Agreement to the exclusion of anything to the contrary in the Hire Form unless any details in the Hire Form is agreed on terms that expressly override this Hire Agreement and any of these Terms and Conditions.

12.6 Each page of this agreement MUST be initialled by the Hirer and in doing so, the Hirer acknowledges they have read and understood the Terms and Conditions contained in that page.

12.7 The Hirer must be at least eighteen (18) years of age at the date of signing the Hire Agreement.

 

I/We, the Hirer/s as stated on the Hire Agreement, do hereby agree to and consent to abide by all of the conditions of the Hire Agreement and these Terms and Conditions.