Production Audio Ltd. Dry Hire Terms & Conditions (“Terms”)
1. Definitions
1.1 “Minimum Hire Period” means the period from the
Commencement Date until the Expected Completion Date.
1.2 “Equipment” means the items specified in the Schedule
and includes but is not limited to any items of equipment and
devices affixed to or supplied with such equipment
let by the Owner to the Hirer; and
1.3 “Hire Price” means the price payable for the hire of the
Equipment calculated in accordance with the Hire Rates set out in
the Schedule. The period of hire the equipment is charged for will
be calculated in accordance with the minimum charge period
specified in the Schedule or having regard to the actual time the
machinery is used, at the sole discretion of the Owner.
2. Hire of Equipment and Basis of Rates
2.1 The Owner will hire the Equipment to the Hirer for the
Minimum Hire Period and the Hirer agrees to take the
Equipment on hire and pay the Hire Price.
2.2 The hire period may be extended beyond the Minimum Hire
Period by agreement between the parties.
2.3 The Hire Price is payable for the entire Minimum Hire Period,
during any extension to this Agreement, during any period the
Equipment remains in possession of the Hirer and
during any period in which repairs are being undertaken in
accordance with clause 10.4 of this Agreement.
2.4 Without limiting clause 2.2 and 2.3 above, where the term of the
hire is extended beyond the Minimum Hire Period the Owner
reserves the right to review and alter the Hire Price.
2.5 Mobilisation and Demobilisation costs are payable by the Hirer at
the rate specified in the Schedule.
2.6 The Owner may levy additional charges where the Hirer requires
the use of the Owner’s resources outside of chargeable equipment hire
time or requires the Owner to go beyond the Production Audio Ltd
Company Integrated Management System standards.
Additional costs may include, but are not limited to, charges for
inductions, medicals,particular equipment
safety features, particular Personal Protective Equipment (PPE)
and others.
2.7 Production Audio retains title in all goods and materials forming part of the
Works supplied to the Client under this Agreement until such time
as the Works have been paid for in full. The Client must not seek
to transfer, charge or otherwise deal with any goods or materials
forming part of the Works until such time as the Works have been
paid for in full.
3. Payment Terms
3.1 The Hirer must pay all amounts levied by the Owner either:
(a) within 7 days of provision of a tax invoice for the hire; or
(b) in accordance with the terms of the tax invoice if longer
terms are agreed; or
(c) in accordance with the payment terms set out in the
Schedule.
3.2 Unless stated otherwise, all prices exclude VAT. Any applicable
VAT, other tax or duty will be payable in addition to the price.
3.3 Interest on overdue invoices shall accrue daily from the date when
payment becomes due, until the date of payment, at a rate of 2%
per month, calculated daily.
3.4 If any tax invoice becomes overdue the Owner reserves the right
to charge an administration fee of 500.00 per month.
3.5 The Hirer will pay the Owner’s costs and disbursements incurred
in pursuing any recovery action or any other claim or remedy
against the Hirer including collection costs, debt recovery fees and
legal costs, resulting from the Hirer’s failure to make due payment.

4. Use of Equipment
4.1 The Hirer must not, without the prior consent of the Owner, make
any alterations, additions or replacements to the Equipment.
4.2 The Hirer must:
(a) comply with the Hirer’s responsibilities outlined in the
Schedule;
(b) keep and maintain the Equipment in proper
working order and good and substantial repair;
(c) employ only persons who are properly trained and
competent in the use of the Equipment and,
where required by Workplace Health and Safety Standards,
have all applicable licences, tickets or other approvals
required to safely operate the Equipment.
(d) comply with all relevant laws, regulations, rules and by-laws
governing or relating to the use and operation of the Equipment;
(e) safely operate the Equipment;
(f) notify the Owner of any accident resulting in injury to
persons or damage to property (including damage to the
Plant and Equipment) involving the Equipment
within 24 hours of the date of the accident;
(g) not remove the Equipment from the Job/Event Site
without the prior written consent of the Owner;
(h) secure the Equipment when not in use and ensure
that all reasonable measures are taken to protect the Equipment against acts of theft and vandalism; and
(i) return the Equipment in the same condition as it
was hired.
5. Title to Equipment, Risk and Insurance
5.1 The Equipment is and will at all time remain the absolute
property of the Owner.
5.2 Without limiting clause 5.1 all risk for the Equipment
passes to the Hirer on delivery and remains with the Hirer until the
Equipment is returned to the Owners possession.
5.3 The Hirer is not authorized to create a lien over the
Equipment.
5.4 The Hirer will insure the Owner’s interest in the
Equipment against physical loss or damage including, but not
limited to the perils of accident, fire, theft and burglary and all other
usual risks and will effect adequate Public Liability Insurance
covering any loss, damage or injury to any person or property
arising out of the use of the Equipment. Further the Hirer
will not use the Equipment nor permit it to be used in
such a manner as would permit an insurer to decline any claim.
5.5 Without limiting clause 5.4 above and irrespective of whether the
Hirer has effected adequate insurance cover the Hirer accepts full
responsibility for and shall keep the Owner indemnified against all
liability in respect of all actions, proceedings, claims, damages,
costs and expenses in respect of any injury to persons or damage
to property arising out of the use of the Equipment
during the hire period however arising and whether or not arising
from any negligence, failure or omission of the Hirer or any other
persons.
5.6 Without limiting clause 5.4 above and irrespective of whether the
Hirer has effected adequate insurance cover the Hirer accepts full
responsibility for the safekeeping of the Equipment and
indemnifies the Owner for all loss, theft or damage to the Equipment howsoever caused and whether or not such loss,
theft or damage is attributable to any negligence failure or
omission of the Hirer.
1. PPS Law
6.1 The Hirer acknowledges and agrees that to the extent this
Agreement creates a PPS lease, as defined in the PPS Act, the
Owner has a security interest in the Equipment for the
purposes of the Personal Property Securities Act 2009 (Cth) as
amended (the PPS Act), and to the extent applicable the PPS Act
applies.
6.2 If the Owner does not have at the Commencement Date or
otherwise obtain within 15 business days of the Commencement
Date a PPS Law registration ensuring a perfected first priority
security interest in the Equipment, the term of hire,
(including any extension) may not, despite anything else in this
document or Schedule, be longer than 90 days.
6.3 The Hirer acknowledges that the Owner may do anything
reasonably necessary, including but not limited to registering any
security interest which the Owner has over the
Equipment on the Personal Property Securities Register in order
to perfect the security interest and comply with the requirement of
the PPS Act. The Hirer agrees to provide, without charge, all
information and do all things reasonably necessary to assist the
Owner to undertake the matters set out above.
6.4 The Hirer waives its rights to receive a verification statement in
relation to registration events in respect of commercial property
under section 157 of the PPS Law.