In these terms and conditions unless the context otherwise requires:
(i) “The Company” means Garage Studios West Gosford (ABN 24 409 482 548) which expression shall include any or all companies related or any subsidiary successors and assigns of Garage Studios West Gosford.
(ii) “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.
(iii) “Equipment” means all or any digital equipment or any other goods of any kind whatsoever hired by the Customer from the Company.
(iv) “Hire Contract” means contract between the Company and the Customer and includes the hire of Equipment. The Hire Contract starts by the Customer picking up the Equipment from the Company and is fulfilled by the Customer returning the Equipment to the Company.
(v) The receipt of the Equipment by the Customer constitutes unconditional and complete acceptance of the Company’s terms and conditions. Any written acceptance of an order will constitute the creation of a contract binding the Customer to the Company’s terms and conditions.
1. These terms and conditions are deemed to be incorporated into all contracts for the supply of Equipment to the Customer and supersede all terms and conditions previously issued by the Company. The Company is only prepared to hire Equipment upon these terms and conditions and no contract for the hire of Equipment shall exist between the Company and the Customer except upon these terms and conditions unless their exclusion or modifications are agreed to in writing 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.
CUSTOMER IDENTIFICATION AND VERIFICATION
The Company reserves the right to verify the Customer and Customer’s identity by any means needed to do so. The Customer agrees to provide the Company with any relevant identification documents or other documents that can help verify Customer’s identity. These documents include but are not limited to Australian or international driver license, Australian or international passport, Australian birth certificate, Australian or international credit card, student card, utility bills, bank statements and/or any other relevant documents. The Customer agrees for the copies of the documents to be stored with the Company for the duration of hire and are destroyed upon the Hire Contract has been fulfilled and equipment have been returned to the Company on time, safe and with no damage.
If the Customer does not provide the Company with relevant documents, in order to enter the Hire Contract the Company reserves the right to ask for a full refundable deposit for the Equipment. The refundable deposit is to be paid by cash, bank transfer or credit card. The Company reserves the right to decide which way it is.
If the Customer does not provide the Company with relevant documents and does not agree to provide the Company with the deposit, the Company reserves the right not to enter the Hire Contract. Tha Company shall not be liable for any loss this will cause to the Customer.
2. (1) Unless the Customer arranges the delivery and return of Equipment by the Company or a third party, Equipment must be collected from and returned to the Company’s premises. The Customer shall be responsible for the collection and return of Equipment.
(2)Where at the Customer’s request, Equipment is delivered and/or collected by the Company, the Company shall have an absolute discretion as to the mode of delivery and the delivery and/or collection will be at the Company’s risk and Customer’s expense.
(3)Where at the Customer’s request, Equipment is delivered and/or collected by a third party organized by the Company (in example, but not limited to a courier company, Australian post, Company’s servants or agents), the delivery and/or collection will be at the Company’s risk and Customer’s expense.
(4)Where at the Customer’s request, Equipment is delivered and/or collected by a third party organized by the Customer (in example, but not limited to a courier company, Australian post, Customer’s servants or agents), the delivery and/or collection will be at the Customer’s risk and expense. The Customer is responsible for appropriate packaging to avoid Equipment damage while in transit. The Customer shall obtain an appropriate insurance.
3. (1) Hire charges for equipment are as set out on this website. The Company reserves the right to alter its hire charges without notice.
(2) Hire charges for Equipment are calculated from the time the Equipment leaves the Company’s premises until the end of the period of hire or when the Equipment is returned to the Company’s premises, whichever is the later. In the event that the Equipment is not returned on the working day following the last day of the hiring period, the Customer shall be liable for additional fees at the full daily rate in respect or each day or part thereof until the Equipment is returned.
(3) In addition to normal hire charges, the Company shall be entitled to charge an opening fee for services outside of normal business hours.
(4) The Customer will pay to or reimburse the Company (except where such payment or reimbursement is expressly prohibited by statue) all delivery costs 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.
PAYMENT – TERMS OF PAYMENT
4. (1) Hiring fees must be paid prior to the hiring of Equipment unless otherwise expressly agreed to by the Company. In cases where hiring fees are being paid by bank transfer, a receipt of such tranfer has to be provided during Equipment collection in order to fulfill the order. The Company may refuse to release the Equipment unless the evidence of a payment is present.
In case of extending the hire of the Equipment, hiring fees must be paid at the begining of the extended period of the hire.
(2) Notwithstanding Clause 4. (1), the Company may at any time of any order, delivery or collection of Equipment demand payment in cash upon such order, delivery or collection.
(3) The Company reserves the right not to refund refundable deposit in case the Customer does not return the Equipment on time or damaged. In case of deposit paid by credit card, the pre-authorization will be completed and the deposit will be transfered to Company’s bank account.
(4) In specific cases where Company had expressly agreed on releasing the equipment before the hiring fees have been paid, the hiring fees have to be paid at the time of return of the Equipment or no later than 7 days after the collection of Equipment, whichever is the earlier. In cases where hiring fees are being paid by bank transfer, a receipt of such tranfer has to be provided and the payment processed no later than 7 days after the collection of Equipment.
(5) The Company reserves the right to refuse to hire Equipment to the Customer in the event that the Customer fails to comply with the Company’s terms of payment.
– LATE PAYMENTS and MISSING EQUIPMENT
(6) Hiring fees must be paid prior to the hiring of the Equipment except where the Company expressly agreed the hiring fees to be paid at the time of return of the Equipment or no later than 7 days after the collection of the Equipment, whichever is the earlier. If hiring fees are not paid after this period, the Company reserves the right to charge interest on overdue accounts without prior notice to the Customer at the rate of 1.5% of outstanding balance per every calendar month. The Company also reserves the right to report to authorities and onsell the irrecoverable debt to a third party after the period of 7 days and no later than 30 days. The customer will be liable to carry all further costs of the actions of authorities and/or third parties against the Customer and these cost will be forwarded to the Customer.
(7) The Company reserves the right to consider the Equipment stolen if the Equipment have not been returned to the Company and the Customer fails to communicate after the period of 1 day from the agreed day of the return of the Equipment. The Company reserves the right to notify authorities after this period. The Company also reserves the right to notify authorities before the end of this period if the Company believes the Equipment has been stolen.
(8) In case of the Equipment not being returned to the Company on time and the Customer failing to advise about this and/or failing to communicate, the Company reserves the right to charge the Customer hiring fees at a 1 week hiring rate for every week the equipment in missing until the Equipment have returned to the Company or the Equipment have been fully paid for. The Company reserves the right to charge interest on overdue accounts without prior notice to the Customer at the rate of 1.5% of outstanding balance par every calendar month.
(9) If the Customer fails to comply with Company’s terms of payment, has any outstanding and/or overdue accounts or the Equipment is considered stolen, the Company reserves the right to charge or attempt to charge at any time and without prior notice all the monies owed or any part of the monies owed to the credit card provided by customer, publish any and all available information about the Customer on Company’s website, notify other hiring companies and provide other hiring companies with Customer’s details.
5. All warranties and conditions expressed or implied by statue, common law, equity, trade, customer usage or otherwise howsoever are to the extent permitted by law expressly excluded from this contract.
6. The Customer acknowledges that neither the Company or 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 the contract whether as to the fitness of the Equipment for any particular purpose or any other matter. The Customer acknowledges that without relying upon the skill or judgment of the Company or any person purporting to act on its behalf, it has determined that Equipment conforming to the contract description will be fit for its purposes. The provisions of this Clause shall not apply insofar as their application is prevented by the Trade Practices Act 1974 or any other State or Territory laws.
COMPANY LIMITATION OF LIABILITY
7. (1) Save as expressly provided for in this contract the Company shall not be liable to the Customer or the Customer’s servants or agent for any direct, indirect, incidental or consequential loss, injury or damages of any nature howsoever caused (whether based on tort contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation, direct or indirect labour costs and overhead expenses and damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attributable to the performance of or failure to perform this contract whether resulting from the negligence of the Company, its servants, agents or otherwise. Without limiting the generality of the foregoing all deterioration of and/or damage to filters, lens elements and bubbles of any description while in the Customers possession is the responsibility of the Customer. The provisions of this Clause shall not apply insofar as their applications is prevented by the Trade Practices Act 1974 or any other State or Territory laws.
(2) The Customer agrees to indemnify and to keep indemnified the Company and the Company’s servants and agents against any claims actions, suits and demands brought by third parties arising out of the use of the Customer of the Equipment or otherwise arising out of or in connection with this contract.
(3) Notwithstanding anything herein contained and subject to the qualifications contained in Section 68A of the Trade Practices Act 1974 and Section 110 of the Goods (Sales and Leases) Act (Vic) 1981 if the Customer is a “consumer” as defined in the Trade Practices Act or the transaction being performed under this contract is a “lease” as defined in the Goods (Sales and Leases) Act and the Equipment being supplied herein is other than of a kind ordinarily acquired for personal domestic or household use or consumption the liability of the Company for a breach of a condition or warranty implied by Division 2 Part V of the Trade Practices Act or Division 3 of the Goods (Sales and Leases) Act being a condition or warranty implied by Section 69 of the Trade Practices Act or Section 103 of the Goods (Sales and Leases) Act is limited at the Company’s option to the replacement of the Equipment or the supply of equivalent Equipment or the repair of the Equipment.
PROPERTY. RISK AND INSURANCE
8. (1) The Equipment shall be at the Customer’s risk from the time the Equipment leaves the Company’s premises or from the commencement of testing within the Company’s premises, whichever is the earlier until the time it is returned and accepted by the Company. Acceptance does not release the Customer from the responsibility for the loss or damage of hired Equipment.
(2) Customer agrees to pay an additional 5% of hiring fees – the Insurance – to the Company for a limitation of liability for damaged equipment.
1. Damaged equipment must be returned to Company at the latest at the expiration of the rental period.
2a. On the equipment covered by the Insurance, Customer’s maximum liability of damage is $500 per each and every single piece of the Equipment, unless stated in writing and agreed to otherwise.
2b. On the RED DSMC2 GEMINI 5K S35 camera and RED RANGER GEMINI camera covered by the Insurance, Customer’s maximum liability of damage is $5000 per each, unless stated in writing and agreed to otherwise.
2c. On the ATLAS ORION anamorphic lens covered by the Insurance, Customer’s maximum liability of damage is $3500 per each, unless stated in writing and agreed to otherwise.
3. Fair wear and tear is expected if it is not negligent.
4. The Insurance only limits liability for damage caused by normal and fair use of the Equipment.
5. The insurance does not cover the Lenses of the Gopro MAX 360 Camera. In any case of damage to the lens front of the Gopro MAX 360 Camera the customer will be fully responsible and the full amount of the Gopro MAX 360 Camera will be required to be paid by the Customer. Unless stated and agreed otherwise, current market rate will be sourced and used.
6. The insurance does not cover the Lens of the Gopro HERO8 Camera. In any case of damage to the lens front of the Gopro HERO8 Camera the customer will be fully responsible and the full amount of the Gopro HERO8 Camera will be required to be paid by the Customer. Unless stated and agreed otherwise, current market rate will be sourced and used.
7. The Insurance does not cover any of the following types of damage:
i. Water damage;
ii. Intentional damage;
iii. Damage arising from reckless or grossly negligent use of the Equipment;
iv. Damage caused by abnormal or abusive use of the Equipment;
v. Equipment not returned to Company due to theft, loss, or any other casualty.
Company reserves the right to determine whether the Customer has been negligent, the use of the Equipment has been reckless and abusive and/or if the damage has been intentional. In cases of negligence, abusive and reckless use and intentional damage the whole of the costs of repair may be charged to the Customer.
In the event of any missing accessories (batteries, filters, caps, hoods, bags,…), Customer is fully liable to Company for the replacement cost of the missing items.
(3) When the Equipment is damaged the Customer is responsible for hire charges up to the time the Equipment is repaired of replaced for a maximum of 13 weeks. Customers are to make sure adequate insurance cover is obtained to cover this contingency.
(4) 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.
9. Except where otherwise agreed by the Company, cancellation of booked or reserved Equipment within twenty-four 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.
CUSTOMER LIMITATION OF LIABILITY
10. If, at the request of the Customer, the Company agrees in writing to limit any claim for loss or 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.
The Customer acknowledges that in the event of loss or damage to the Equipment the Company will limit the claim to the full retail price in relation to each and every claim.
The Company will limit any claim for loss or damage to Equipment within or outside Australia as specifically agreed to in writing, but such limitation EXCLUDES loss or damage to the equipment in the following circumstances:
(1) Loss or damage caused by misuse, mechanical or electrical derangement, exposure to salt water, exposure to water, exposure to dust or sand, or confiscation by Customs or other authorities.
(2) Loss or 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.
(3) Loss or destruction of or damage to any Equipment whatsoever or any loss or 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
(4) Loss or damage resulting from leaving Equipment in vehicles whether locked or unlocked, but unattended.
(1)All ordinary and reasonable precautions for the safety of the Equipment must be taken.
(2) 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 practicable give 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 be reasonably be required by the Company or its insurer including attending at a lawyer’s office and at Court to give evidence.
(3) 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.
POWER OF ENTRY
11. (1) The Company may enter any premises where the Company reasonably believes the goods are located for the purpose of inspecting, testing or taking possession of the goods in accordance within this Agreement and the Customer hereby indemnifies the Company against any liability the Company may incur in the exercise of its rights under this clause.
(2) The Customer undertakes to insert in any Agreement giving any other person the right to use or the use of the equipment a clause that permits the Company to enter that person’s premises for the purpose of inspecting or testing or taking possession of the goods in accordance with this Agreement.
TERMINATION BY COMPANY
12. (1) The Company may, not withstanding the specified period of hire and not withstanding any waiver of some previous default, forthwith terminate this contract and repossess the Equipment in any of the following events:
(i) if the Customer shall fail to pay any hiring charges within one (1) day of the due dates;
(ii) if the Customer shall do or permit any act or thing whereby the Company’s rights in the Equipment may be prejudiced;
(iii) if the Customer commits any breach of contract;
(iv) if the Customer should become or be made insolvent or bankrupt or make any agreement or composition with its creditors or in case of the Customer being a limited company, should an order be make or a resolution passed for the winding up of such company.
(2) If such termination occurs the Customer will pay the Company all costs and charges already incurred under this contract.
13. (1) The minimum hiring period for Equipment hire for use interstate is three (3) days and overseas is one week.
(2) Equipment must not be used on any abnormal or hazardous assignment or taken from the ground other than on a regular schedule flight by a recognised airline other than with the prior written consent of the Company. The Customer is required to keep hired Equipment in safe custody and must ensure that it is used in a skillful and proper manner by persons having the appropriate qualifications and experience. The Customer must take all reasonable precautions to ensure that the equipment is not damaged or destroyed.
14. Failure of the Company to insist upon strict performance by the Customer of any terms or conditions contained herein shall not be taken to be a waiver thereof or of any right of the Company in relation thereto and in any event shall not be taken to be a waiver of the same terms and conditions on any subsequent occasion.
GOVERNING LAW AND JURISDICTION
15. These terms and conditions and the contract governed thereby shall be governed by and construed in accordance with the laws from time to time, of the State of NSW which is where the head office of the Company is located and any proceedings shall be brought and heard in Sydney.
GENERAL INSTRUCTIONS TO CUSTOMERS
1. Hire charges are levied on a daily or weekly basis. Unless other arrangements are made with the Company, for the purposes of the calculation of hire rates, a day is deemed to commence and conclude at midnight. A week consists of any consecutive seven day period.
2. It is recommended that the Customer makes in ample time, its own checks of the completeness and correct functioning of Equipment including testing of all cameras and lenses and takes adequate reserves of all essential times.
3. Filters including diffusers, graduateds, fogs, neutral densities and polascreens, electric bulbs, etc, are subject to Clause 7 of the Terms and Conditions, only supplied on the understanding that all deterioration and/or damage while in the Customer’s possession is the responsibility of the Customer. Each such item is examined before despatch from the Company’s premises to ensure that it is in good condition and, subject to Clause 7 of the Terms and Conditions, if any deterioration subsequently occurs (including during transit by air or other means) the Customer will be charged with its replacement cost. Filters etc, as provided in standard sets cannot be supplied separately or in part sets.
4. All items are serviced at termination of each hire period but for extended hire, service and general maintenance may be arranged through our service department.
5. Customers using the Company’s testing/production areas are to be advised to insure all personnel and equipment used in those areas for the production as they would for a normal studio/location shoot.
6. Equipment damaged by salt water is, unless treated immediately, in most cases subject to re-occurrence of salt water residue. This makes certain electronic items and components unusable. Special mention of production shooting in the vicinity of salt water should be made to the Company when ordering Equipment and to your insurance company.
7. Customers are advised that any electrical equipment NOT belonging to the Company cannot be used or attached to the Equipment without the prior consent and testing by the Company and such testing will be subject to an additional charge. Failure to do this will render the Customer liable for all loss, including time, incurred as a result of this usage.
8. Customers using digital equipment need to especially note that the management and back up of their data is entirely the Customer’s responsibility. Customer’s data should not be left on P2 cards/hard drives on returning equipment. If data is left it will be erased as a part of our service and preparation for the next customer. The Company will not be held responsible for any loss of data or possible privacy issues relating to left data.
9. Customers using underwater equipment, hired or owned, need to especially ensure that all the underwater equipment is properly closed up and secured so no water damage can occur upon diving. It is adviced to perform a few seconds underwater test with the underwater equipment to check there’s no water leaking into the underwater equipment. The company is not responsible for any water damage caused by improper use of underwater equiment or by use of faulty or damaged underwater equipment.
10. To avoid inconvenience to other hirers, any extension of hire must be arranged prior to termination of the original hire period.
11. Any shortage of, damage to or malfunctioning of Equipment should be reported to the Company as soon as is possible or upon the return of Equipment whichever is the earlier.