Terms & Conditions

Classic Audio Productions Terms & Hire Agreement

All hires are subject to our terms & conditions. Please take the time to read them thoroughly.

Classic Audio Productions of 239 Shellharbour Rd, Barrack Heights. N.S.W. agree to hire any audio goods or components

(the ‘equipment’) to you (the ‘hirer’), this will be subject to the following terms and conditions.

All orders placed by the ‘hirer’ are subject to these Terms and Conditions which override any other terms, conditions and provisions referring to the ‘equipment’ or to the business arrangements between the ‘hirer’ and the ‘owner’. Nothing said or done by any employee or associate of the ‘owner’ which varies the terms of this agreement shall be binding on the ‘owner’ unless agreed in writing and signed by the ‘owner’. The period of hire shall commence on the date of delivery and must be signed by an authorized representative of the ‘hirer’.

1. General

1.1 If you are hiring on behalf of a business or organization you confirm that you have the necessary authority to enter into this contract on behalf of that business or organization, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 We reserve the right to decline some or all of your order, for any reason.

2. Contract

2.1 An official order can be placed with us by email only. No verbal orders will be guaranteed.
2.2 We will provide you with a quote confirming availability of the ‘equipment’ and stating total costs including installation, delivery or other applicable charges. We will also provide you with a set of these terms and conditions.
2.3 The contract between us will be formed when you advise us that you accept our quote.
2.4 Subject to the following clauses of this agreement, the period of hire shall continue for the period set out in the rental agreement (the ‘Hire Period’) and until the ‘equipment’ is returned in good and serviceable repair and condition with fair wear and tear resulting from proper use accepted. The ‘hirer’ undertakes to ensure the ‘equipment’ shall not be used for any purposes beyond its capacity or any manner likely to result in undue deterioration of the ‘equipment’.
2.5 If for any reason the ‘equipment’ is not available on the date on which the period of hire is to commence, the ‘owner’ may by notice to the ‘hirer’ terminate this agreement and neither party shall have any liability to the other after such termination. Any deposit paid by the ‘hirer’ to the ‘owner’ under this agreement will be refunded.

3. Hire Charges

3.1 Our hire charges and all other applicable charges will be as shown in our quotation. The quote will also show the date the charges will start from and the period of the hire.
3.2 You should return all ‘equipment’ to us no later than midday the following day of the last day of hire.
3.3 You agree to reimburse us for all costs in connection with cleaning, repairing or replacing. ‘Equipment’ not returned in clean and good working condition will be liable for charges for repair or replacement.
3.4 We reserve the right to charge additional charges at the daily rate for the period in which any item of ‘equipment’ is not available for use by our other customers because of incomplete or late hire.
3.5 Where we have taken a deposit we may retain the whole or part of this in order to set against any liability you have to us in relation to the hire of the ‘equipment’.
3.6 The ‘owner’ reserves the right to add to the Hire Charges the cost of keeping the ‘equipment’ insured throughout the Hire Period.

4. Obligations of the ‘hirer’

The ‘hirer’ shall;
4.1 promptly pay all sums due to the ‘owner’ under this agreement.
4.2 Keep the ‘equipment’ in good and serviceable repair and condition (fair wear and tear resulting there of accepted).
4.3 Notify the ‘owner’ of any loss or damage or destruction to the ‘equipment’ within 24 hours of such loss, or damage or destruction being sustained. The ‘hirer’ will either pay to the ‘owner’ the cost of carrying out any repairs to damaged ‘equipment’ or will (at the option of the ‘owner’) repair the ‘equipment’ themselves or arrange for the ‘equipment’ to be repaired by a contractor approved by the ‘owner’ (such approval not to be unreasonably withheld or delayed) at the cost of the ‘hirer’. The ‘hirer’ will pay to the ‘owner’ the cost of replacing any lost or destroyed ‘equipment’ or any ‘equipment’ which in the opinion of the ‘owner’ is uneconomical to repair, with new ‘equipment’ of equivalent specifications.
4.4 Pay compensation to the ‘owner’ for loss of use or damage at a rate equivalent to the Hire Charge payable for the ‘equipment’ until such time as the lost or damaged ‘equipment’ is replaced or repaired or returned to the ‘owner’ in the state of repair and condition required by this agreement. Such compensation will be in addition to, not in lieu of, the cost of such replacement or repair. The compensation will not exceed an amount equal to four weeks hire charges for the ‘equipment’. If after four weeks the ‘equipment’ is not fully repaired and returned to the ‘owner’ the ‘hirer’ will be liable for the full replacement cost of the ‘equipment’.
4.5 Ensure that the ‘equipment’ is used only in a proper manner and only by persons having the appropriate qualification and experience in the use of the ‘equipment’ and that all information and advice relating to its use is strictly observed. Ensure proper care of the ‘equipment’ and that it is safely and properly stored.
4.6 Not use the ‘equipment’ or permit it to be used for any abnormal or hazardous assignments.
4.7 Promptly attend to and pay for all maintenance of the ‘equipment’ where the Hire Period is 30 days or longer.
4.8 Subject to paragraph 4.3, do not carry out or attempt to carry out any repairs or modifications to the ‘equipment’ without the prior written agreement of the ‘owner’. Subject to such written agreement having been given, procure the prompt performance and payment for all repairs and other work necessary to keep the ‘equipment’ in the state of repair and condition required by this agreement.
4.9 Where spare parts are provided, return them to the ‘owner’ at the end of the Hire Period, otherwise the cost of replacement parts will be charged to the ‘hirer’ in full.
4.10 Permit the ‘owner’ and any person authorized by him at all reasonable times to enter upon the premises in which the ‘equipment’ is being kept, stored or used for the purpose of repairing or inspection.
4.11 Keep the ‘equipment’ at all times in his possession and control and to notify the ‘owner’ of the location of the ‘equipment’ and not allow permanent installation into to any premises unless prior approval given by the ‘owner’.
4.12 Notify the ‘owner’ of any change in the ‘hirer’s address and/or contact details and upon request by the ‘owner’ promptly inform the ‘owner’ of the whereabouts of the ‘equipment’.
4.13 Not to travel interstate without the notification of the ‘owner’.
4.14 Not without the prior written consent of the ‘owner’ sell, assign or encumber or part with possession of the ‘equipment’ or remove, deface, obliterate or cover up any label plate or other mark indicating that the ‘equipment’ is the property of the ‘owner’.
4.15 In circumstances where the cost of insurance is not added to the Hire Charges, the ‘hirer’ shall during the Hire Period and at the cost of the ‘hirer’ insure the ‘equipment’ and keep it insured against loss or damage by accident fire and theft to the full replacement value of the ‘equipment’ with an insurance company to be approved by the ‘owner’ under an all risks policy of insurance in the name of the ‘owner’ free from restriction or excess.
4.16 Punctually pay all premiums payable under the Insurance and produce the receipts for the premiums to the ‘owner’ on demand and do everything necessary to maintain the Insurance in full effect and not do anything whereby the Insurance will or may be cancelled.

5. Payments

5.1 At our discretion we may ask for payment in full prior to delivery, payment within 15 days of delivery, or we may ask for a deposit prior to delivery with the balance within 15 days. The precise structure of payment will be specified in the quotation.
5.2 We accept payment by cash, direct deposit, and bank or company cheque (subject to clearing).

6. Delivery

6.1 Daily system hire will be delivered free of charge within a 100 kilometer radius from our base operation.
6.2 ‘Equipment’ will be delivered in good working order. ‘Equipment’ will be deemed to be in good working order, except for defects not detectable by reasonable examination.
6.3 Our estimated time for delivery will be stated in the quotation. We hope to deliver these estimates but occasionally delays will occur, despite our best efforts. We will not be liable for any delay or failure to deliver within such estimated times.

7. Installation

7.1 Installation and rigging charges will be shown in the quotation. We may wish to carry out a free site inspection before installation and you agree to allow such access as we reasonably require for this purpose.
7.2 Where we are unable to carry out installation through error or fault on your part, we reserve the right to charge for addition labor rates.

8. Risks

8.1 The risk in the ‘equipment’ will pass to you upon delivery or installation. Flying ‘equipment’ shall be done by qualified personnel and in accordance and compliance with the relevant Australian Standards.
8.2 Safe lawful transport of the ‘equipment’ is the responsibility of the ‘hirer’ unless performed by the ‘owner’.

9. Cancellations

9.1 You will not be entitled to cancel the contract once the ‘equipment’ has been delivered, unless we agree to such cancellation.
9.2 You have the right to cancel the contract within a period of 7 days starting from the day after the contract is formed.
9.3 Cancellations must be by email and not by text. (terry@classicaudioproductions.com.au)

10. Maintenance

10.1 You agree to properly maintain the ‘equipment’ during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of ‘equipment’.
10.2 Any damaged or faulty item of ‘equipment’ should be returned, at your expense to us. In no circumstances should you proceed to repair any item of ‘equipment’ without our prior approval.
10.3 Where the problem with the ‘equipment’ is caused by a fault not discoverable by reasonable examination in terms of clause 6.2 above, we will reimburse you for reasonable transportation costs and for hire charges during the period when the ‘equipment’ could not be used due to this fault. However our obligation under this clause does not cover faults caused by misuse wear and tear, accident or neglect.
10.4 You shall not alter or modify the ‘equipment’ or use it for purposes for which it is not designed.
10.5 You agree that we have a right of access to the ‘equipment’ in order to inspect, repair or replace it and you authorize us to enter any property where the ‘equipment’ is located or where we reasonably believe it to be located to carry out such inspection, repair or replacement.

11. Liability and Indemnity

11.1 To the fullest extent permissible under law, we will not be liable for any losses you incur arising out of or in connection with the hire of the ‘equipment’.
11.2 As in clause 8.1 we are not liable for third party property or personnel injury damage resulting from incorrect installation or rigging procedures.
11.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the ‘equipment’

12. Termination of Hire

12.1 We shall be entitled to terminate the contract immediately and to repossess the ‘equipment’ at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.
12.2 Where the provisions of 12.1 apply, you authorize us to enter any property where we reasonably believe ‘equipment’ to be, in order to repossess such ‘equipment’.

13. Governing law

13.1 These terms and conditions and the contract for the hire of the ‘equipment’ are governed by law and are subject to the exclusive jurisdiction in court.

14. Wear And Tear

Degrees of wear and tear;
14.1 General wear and tear expected from regular use of ‘equipment’ will incur no charge, at discretion of the ‘owner’.
14.2 Overuse of ‘equipment’ resulting in ‘equipment’ failure will incur administration, repair and parts charges.
14.3 Broken beyond repair or loss of ‘equipment’ will incur a full charge to the value of the ‘equipment’ or its current equivalent at the current market RRP. If there is a delay in sourcing replacement ‘equipment’ the ‘hirer’ will be charged a daily hire rate until new ‘equipment’ arrives.