In these terms and conditions unless the context otherwise requires:
(i) "The Company" means Synergy Video
(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 photographic, film, audio or video equipment or any other goods of any kind whatsoever dry hired by the Customer from the Company.
1. General Conditions
The acceptance of equipment by the Hirer, 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. Collection and Return of Equipment
The collection and return outside of the normal day prior and day post hire is at the discression of the Manager at Synergy Video.
Unless explicitely arranged with The Company, the hirer is responsible for arranging and paying for return delivery on all items 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. Any deliveries arrange by the Customer will be at the Customers risk.
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.
5. 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) In the event the Equipment is lost or damaged (fair wear and tear excepted) 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.(3) When equipment is lost or damaged the Customer is responsible for hire charges up to the time the Equipment is repaired of 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.
(4) The Customer and the employees 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 informing Synergy Video.
(5) Should Synergy Video be able to claim the loss or damage to equipment on the company's Insurance polocy The Customer acknowledges the Company will limit the claim to the excess charged by the Company's insurance provider in relation to each and every claim. In the event 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 Hirer is responible for providing in a timley manner any infomration the insurance comany may require.
6. Hirer Skills
It is assumed that the Hirer, or his agent, has sufficient skills to operate hired equipment correctly. The Company will endeavour to supplyverbal instructions when requested, however this cannot be guaranteed. It is the responsibility of the hirer, or the hirer'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 Hirer, or his 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.
7. Use of Hired Equipment
The Hirer shall not take any of the hired equipment out of Australia without the specific prior written consent of Synergy Video (email is acceptable). 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 Hirer will not allow the equipment to be used in areas where it could be affected by salt water, water, salt, dust, fine particles, sand or atmospheric corrosion.
The Company shall not be held liable for any loss or damage caused by rental equipment, whether to the Hirer or the Hirer's property or any other person, firm or corporation. The Company's liability, if any, for supplying defective equipment to the Hirer is limited to a rebate of the rental fee charged for the particular item in question. The Hirer 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.