1. General Conditions
The acceptance of the equipment by the Hirer implies acceptance of these terms and conditions, which cannot be changed. All orders placed are deemed to be an order incorporating these terms and conditions.
2. Collection and Return of Equipment
Rental charges commence from the date the equipment leaves our premises and terminates when equipment is received back in good and working condition. Should the hirer fail to return the equipment by the due date, the hire charge payable will be the daily hire charge for the equipment concerned. If the equipment is being returned via courier or other shipping service and the Hirer/equipment is not ready at the time of pick-up, additional charges will be incurred. Should the Hirer not return equipment 24 hours after the due date the rental charge will continue until all equipment is returned. Any carriage or packaging charges will be charged to the Hirer. Camera Hire cannot accept any liability, consequential or otherwise, for any delay in transit causing late arrival of any equipment.
The hirer is responsible for arranging and paying for return delivery on all items hired items unless other arrangements have been made. The hirer is responsible for making sure that any return delivery arranged ensures all hired items arrive back by the specified return date.
3. Lost or Damaged Equipment
All Equipment must be returned complete and undamaged. Any lost, unreturned, or damaged equipment will be charged to the hirer. If insurance has been arranged, repairs or replacement costs may be limited to the insurance excess. All deliveries arranged by the Hirer will be at the Hirers risk.
In the event of a cancellation where payment has already been made, a credit card fee of 1.5% will apply if payment was made with Visa or Mastercard, or 3.5% if payment was made with American Express or another credit card. No fee will apply for EFT or Direct Transfer payments.
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 before the hiring of Equipment. Suitable photo ID and credit card details are required for all orders and a deposit may be requested by hirers, which will be refunded upon return of the order barring any damage, missing equipment or late changes.
- Quotes are valid for fourteen (14) days from the date of order.
- The minimum hiring period for Equipment hire for use interstate is two (2) days.
- In the event we are required to engage a debt collector to recover overdue payments, the hirer will be responsible for all additional fees associated with the debt recovery.
6. Equipment, Risk and Insurance
- The Equipment shall be at the Hirer’s risk from the time the Equipment leaves the premises until the time it is returned and accepted. Acceptance of returned equipment does not release the Hirer from the responsibility for the loss or damage of hired Equipment.
- Unless otherwise agreed to in writing, the Hirer is required to effect suitable insurance in respect of the Equipment and must provide documentary evidence of such insurance before the hiring of any Equipment.
- Biopixel should be included and named as joint insured under all policies of insurance, particularly “negative” insurance effected by the Hirer.
- In the event the Equipment is lost or damaged (fair wear and tear excepted) the Hirer shall be liable for the full replacement cost or the full cost of repairing the Equipment as the case may be.
- When equipment is lost or damaged the Hirer is responsible for hire charges up to the time the Equipment is repaired or replaced. Hirers are to make sure adequate insurance cover is obtained to cover this contingency.
- The Hirer and the employees of the Hirer are the only persons permitted to use the Equipment and without limiting the generality of the foregoing, the Hirer shall not lend or rehire the Equipment to any other person without express permission.
- If any items, equipment or accessories are not returned, the Hirer may be charged the full cost of replacement of all missing items.
- If the Hirer has not paid for hire charges, additional charges for extension of hire, lost or damaged items, or any other charges relating to services rendered to the Hirer by the Company, the Hirer irrevocably authorises the Company to debit all outstanding hire, replacement, repair, courier or any other outstanding fees from your Credit Card.
- All returned equipment must be properly cleaned. Failure to do so will result in a cleaning charge to be paid by the hirer.
7. Insurance and Hirer Limitation of Liability
If at the request of the Hirer, the Company agrees in writing to limit any claim for loss or accidental damage to the Equipment, the Hirer hereby agrees and accepts the following charges, terms and conditions. The Hirer acknowledges that the Company has not in any way represented itself to the Hirer as a person carrying on the business of insurance.
- The Hirer shall pay an additional charge equal to 9% of the total hire charge for Equipment rented for use within Australia. Overseas usage charge on application.
- The Hirer 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 concerning every claim. The current excess for claims is $1100 (including GST).
- In the event of any damage or missing items less where the total cost is less than the excess, the full replacement or repair cost shall be paid by the Hirer. 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 Hirer 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 Hirer 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, transportation details. In the event the Hirer fails to supply documentation required by The Company, The Company shall not be required to cover the repair or replacement of equipment, and the Hirer shall be liable to pay all repair or replacement costs in full.
- If a damage waiver is not paid by the Hirer, the Hirer 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:
- Damage caused by misuse, mechanical or electrical derangement, exposure to saltwater, exposure to water, exposure to dust, sand or other fine particles, exposure to salt, sand or mud, or confiscation by Customs or other authorities.
- Damage directly or indirectly caused by or arising from war, invasion, an act of a foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.
- Damage or loss resulting from leaving Equipment in vehicles whether locked or unlocked, but unattended.
- Damage or loss resulting from leaving Equipment unattended in a studio, site or public space.
- Damage caused by electrical currents.
- Damage caused by domestic or wild animals.
- Confiscation by Customs or other authorities.
- All ordinary and reasonable precautions for the safety of the Equipment must be taken.
- The Hirer must not modify the equipment with consent.
- In the event of loss or damage the Hirer shall:
- forthwith notify the Company and the Police where necessary, and take any practicable steps towards the discovery and recovery;
- as soon as practicable give full written report of the circumstances of the loss or damage to the Company;
- 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. The company’s insurance will not cover any equipment deemed stolen or lost without the provision to the Company by the Hirer of a full police report related to the incident. In this case the Hirer will be held liable for the full replacement or repair costs to the equipment.
- In the event the above Conditions are not met, The Hirer shall be liable for the full repair or replacement cost of all equipment damage or loss.
- 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.
- 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 Hirer or any agent or representative of the Hirer.
- 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 Hirer and the truth of the statements and answers made by the Hirer at the time of instigating the loss and damage waiver are conditions precedent to the Company limiting the liability of the Hirer for any claims for loss or damage of the Equipment.
8. Hirer Skills
It is assumed that the Hirer, or his agent, has sufficient skills to operate hired equipment correctly. The Company will endeavour to supply instructional literature 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 if the Hirer is unable to use hired equipment due to lack of necessary skills or knowledge required to operate the equipment.
9. Use of Hired Equipment
The Hirer shall not take any of the hired equipment out of Australia without the specific prior written consent of Camera Hire (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 saltwater, 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 all losses, damage, injuries, claims, demands and expenses of whatsoever kind of nature arising out of the use of the rented equipment.