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Terms and Conditions of Hire
In these terms and conditions unless the context otherwise requires:
(1) “The Company” means Kayell Australia PTY Limited (ABN 13 087 954 149)
(2) “The Customer” means the person (including his successors, representatives and permitted assign) hiring equipment from the Company and where there is more than one Customer the covenants on their part contained herein shall be deemed joint and several covenants.
(3) “Equipment” means all or any cameras, lighting and lighting accessories, audio or video equipment or any other goods of any kind whatsoever hired by the Customer from the Company.
(4) One Day: A period of 24 hours, when possible equipment can be collected prior to the hire day
(5) 2-4 Days: A period of up to 96 hours, when possible equipment can be collected prior to the hire day
(6) 5+ Days: A period of 120 hours and more, when possible equipment can be collected prior to the hire day
1. General Conditions
The acceptance of equipment by the Customer, or his agent, implies total acceptance of these terms and conditions, which cannot be changed, in part or whole, by any representative of the Company, expressed or implied, and supersedes all terms and conditions previously issued by the Company. Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order.
2. Collections and Return of Equipment
Rental charges commence from the time and date the equipment leaves Kayell Australia’s premises and terminate when equipment is received back at Kayell Australia’s premises. Should the Customer fail to return the equipment by the due date and time, the hire charge payable will be the daily hire charge for the equipment concerned, for each overdue day. If equipment is being returned via courier or other shipping services and the Customer /equipment is not ready at the time of pick-up, additional charges will be incurred. Should the Customer not return equipment 24 hours after the due time, without prior arrangement with Kayell Australia, the rented goods will be considered stolen and the police notified. The rental charge will continue until all equipment is returned. Any carriage or packaging charges will be charged to the Customer. Kayell Australia cannot accept any liability, consequential or otherwise, for any delay in transit causing late arrival of any equipment.
Unless explicitly arranged with The Company, the hirer is responsible for arranging and paying for return delivery on all hired items. The Customer is responsible for making sure that any return delivery arranged ensures all hired items arrive back with The Company by the specified return date and time.
3. Lost or Damaged Equipment
All Equipment hired from The Company must be returned complete and undamaged. Any lost, unreturned, or damaged equipment will be charged to the hirer. If insurance has been arranged with The Company, repairs or replacement costs will be limited to the insurance excess, provided the terms and conditions of ‘Customer Limitation of Liability’ are met (see terms below). Any deliveries arrange by the Customer will be at the Customers risk.
In the event of cancelation where payment has already been made, a credit card fee of 2% will apply if payment was made with Visa, MasterCard or American Express. No fee will apply for Electronic Transfer payments.
Except where otherwise agreed by the Company, cancellation of booked or reserved Equipment within forty-eight hours of the time specified for collection will incur a cancellation charge equal to 50% of the hiring fee from the period originally booked or reserved.
Hiring fees must be paid prior to the hiring of Equipment or in the case of Account Customers within 30 days from the date of the Company’s Statement unless otherwise clearly agreed to in writing by the Company. Credit Accounts will only be opened where warranted by the Customer’s volume of business and where the Customer can establish its credit worthiness to the satisfaction of the Company. All first time rentals are on a COD basis, unless they are to be shipped. If equipment is to be shipped, first orders are to be pre-paid. Suitable photo ID and credit card details are required for all COD orders, or whenever the Company requests these details. A bond will be required for the first two hire’s only, the bond will be taken as a pre-approval and reserves credit against your card for 5 working days and then will automatically reverse itself barring any damage, missing equipment or late changes.
(3) Quotes are valid for fourteen (14) days from the date of Order.
(4) The minimum hiring period for Equipment hire for use interstate or in country New South Wales and Victoria is two (2) days.
The Customer will pay to or reimburse the Company (except where such payment or reimbursement is expressly prohibited by statue) all delivery costs, stamp duty and other government duties, taxes and expenses which the Company may be liable to pay from time to time in connection with the hire of the Equipment to the Customer.
6. Equipment, Risk and Insurance
(1) The Equipment shall be at the Customer’s risk from the time the Equipment leaves the Company’s premises until the time it is returned and accepted by the Company. Acceptance of returned equipment does not release the Customer from the responsibility for the loss or damage of hired Equipment.
(2) Unless otherwise agreed to by the Company in writing, the Customer is required to effect suitable insurance in respect of the Equipment and must provide documentary evidence of such insurance prior to the hiring of any Equipment by the Customer.
(3) Kayell Australia should be included and named as joint insured under all policies of insurance, particularly “negative” insurance affected by the Customer.
(4) In the event the Equipment is lost or damaged (remove) while at the risk of the Customer, the Customer shall be liable to compensate the Company for the full replacement cost or full cost of repairing the Equipment as the case may be.
(5) When equipment is lost or damaged the Customer is responsible for hire charges up to the time the Equipment is repaired or replaced for a maximum of 10 weeks. Customers are to make sure adequate insurance cover is obtained to cover this contingency. The Company at its discretion, may choose to waive these hire charges.
(6) The Customer and the employees or servants of the Customer are the only persons permitted to use the Equipment and without limiting the generality of the foregoing, the Customer shall not lend or rehire the Equipment to any other person without express permission from The Company.
(7) In the event that any items, equipment or accessories are not returned, the Company reserves the right to immediately charge the Hirer the full cost of replacement of all missing items. If the missing item or items are returned within seven (7) days, the Company will refund the replacement cost.
(8) If the Customer has not paid for hire charges, additional charges for extension of hire, lost or damage items, or any other charges relating to services rendered to the Customer by the Company, the Customer irrevocably authorises the Company to debit all outstanding hire, replacement, repair, courier or any other outstanding fees from your Credit Card.
(10) Cleaning: At the end of the hire period and before returning the equipment to Kayell Australia the equipment must be properly cleaned. Failure to do so will result in a cleaning charge to be paid by the Customer.
7. Insurance and Customer Limitation of Liability
If at the request of the Customer, the Company agrees in writing to limit any claim for loss or accidental damage to the Equipment, the Customer hereby agrees and accepts the following charges, terms and conditions. The Customer acknowledges that the Company has not in any way represented itself to the Customer as a person carrying on the business of insurance.
(1) The Customer shall pay a damage waiver equal to 10% of the total hire charge for Equipment rented for use within Australia.
(2) The Customer acknowledges that in the event of accidental damage to the Equipment the Company will limit the claim to the excess charged by the Company’s insurance provider in relation to each and every claim. The current excess for each claim is $1100 (including GST).
In the event of any damage or missing items where the total cost is less than the excess, the full replacement or repair cost shall be paid by the Customer. Insurance Coverage and claims will be assessed by The Companies own Insurance Company. In the event a claim is refused by the Insurance Company, the Customer shall be liable for the full cost of any replace or repair of damaged equipment. The payment of a damage waiver in no way guarantees cover, which will be determined solely by the Insurance Company.
In the event of a claim, The Customer shall pay in full the excess amount, and must provide The Company with all documentation requested, relating to the claim. This may include, but is not limited to, documents such as Police Reports, Statutory Declarations, and transportation details. In the event The Customer fails to supply documentation required by The Company, The Company shall not be required to cover the repair or replacement of equipment, and The Customer shall be liable to pay all repair or replacement costs in full.
In the event that a damage waiver is not paid by the Customer, the Customer shall be liable for the full replacement or repair costs to any damaged or missing equipment.
This limitation of liability does not cover damage resulting from neglect or misuse, loss of equipment, whether resulting from negligence or not. Accidental damage liability limitation EXCLUDES damage to the equipment in the following circumstances:
(a) Damage caused by misuse, mechanical or electrical derangement, exposure to salt water, exposure to water, exposure to dust, sand or other fine particle, exposure to salt, sand or mud.
(b) Damage directly or indirectly caused by or arising from war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.
(c) Destruction of or damage to any Equipment whatsoever or any expense whatsoever resulting or arising from or any consequential loss or legal liability of whatsoever nature directly or indirectly caused or contributed to, by or arising from:
(i) Ionising radiations or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from combustion of fuel
(ii) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
(d) Damage or loss resulting from leaving Equipment in vehicles whether locked or unlocked, but unattended.
(e) Damage or loss resulting from leaving Equipment unattended in a studio, site or public space.
(f) Damage to two way radios.
(g) Damage to electric globes.
(h) Damage caused by electrical currents.
(i) Damage caused by domestic or wild animals.
(j) Confiscation by Customs or other authorities.
(1)All ordinary and reasonable precautions for the safety of the Equipment must be taken.
(2) The Customer must not modify the equipment without the consent of the Company.
(3) In the event of loss or damage the Customer shall:
(i) forthwith notify the Company and the Police where necessary, and take any practicable steps towards the discovery and recovery;
(ii) as soon as possible provide a full written report of the circumstances of the loss or damage to the Company;
(iii) and at the same time furnish to the Company any particular or evidence as may reasonably be required by the Company or its insurer including attending a lawyer’s office and at Court to give evidence. The company’s insurance will not cover any equipment deemed stolen or lost without the provision to the Company by the Customer of a full police report related to the incident. In this case the Customer will be held liable for the full replacement or repair costs to the equipment.
(iv) In the event the above Conditions are not met, The Customer shall be liable for the full repair or replacement cost of all equipment damage or loss.
(4) In no event is the Company liable for special, indirect, incidental, consequential or punitive damages, or losses of any nature (including costs or expenses), lost profits, opportunity costs, or failure to realise anticipated savings.
(5) The Company will not be held liable for any cost, consequential or otherwise, for any delay in transit causing late arrival of any Equipment to the Customer or any agent or representative of the Customer.
(6) The due observance and fulfilment of the Terms and Conditions and Endorsements as stated above in so far as they relate to anything to be done or complied with the Customer and the truth of the statements and answers made by the Customer at the time of instigating the loss and damage waiver are conditions precedent to the Company limiting the liability of the Customer for any claims for loss or damage of the Equipment.
8. Hirer Skills
It is assumed that the Customer, or his agent, has sufficient skills to operate hired equipment correctly. The Company will endeavor to supply instructional literature when requested; however this cannot be guaranteed. It is the responsibility of the Customer, or the Customer’s agent, to ensure the equipment being rented is suitable for the purpose intended. In no event is The Company to be held responsible for issues arising from the design or general functionality of equipment hired by the Customer, or their agent. The Company accepts no liability for the hiring of incorrect or unsuitable equipment, or in the event that the Customer is unable to use hired equipment due to lack of necessary skills or knowledge required to operate equipment.
9. Use of Hired Equipment
The Customer shall not take any of the hired equipment out of Australia without the specific prior written consent of Kayell Australia. Equipment must not be used on any abnormal or hazardous assignments. The equipment is not to be transported in, or used on or in, helicopters, drones or any type of light aircraft without the Company’s specific written consent. The Customer will also need written consent for the equipment to be used in areas where it could be affected by salt water, water, salt flats, extremely dusty conditions or where atmospheric corrosion can occur.
The Company shall not be held liable for any loss or damage caused by rental equipment, whether to the Customer or the Customer’s property or any other person, firm or corporation. The Company’s liability, if any, for supplying defective equipment to the Customer is limited to a refund of the rental fee charged for the particular item in question. The Customer hereby indemnifies The Company and all employees, contractors, directors and affiliated parties from liability of any and all losses, damage, injuries, claims, demands and expenses of whatsoever kind of nature arising out of the use of the rented equipment.
Its important to note that when the Customer select’s Equipment for hire if the choosen Equipment is located in more than one location and the Company is required to transfer goods to complete the hire, a transfer fee may be charged. This will mainly apply to Equipment needed for short-term hire’s. It is recommended the Customer check their confirmation email to see if any transfer fee has been applied.
12. Dangerous Goods Deliveries
It’s important to know that the Company is unable to deliver any hire item, which includes Lithium Ion Batteries via airfreight. The Company will not be held liable for any cost, consequential or otherwise, for any delay in transit causing late arrival of any Equipment to the Customer or any agent or representative of the Customer.