Terms of Service

Our equipment is protected subject to the terms of the rental agreement. This is applicable to all renters and all types of equipment.

Terms of Service

Definitions

The following definitions are used but not otherwise defined in this Agreement:

  • "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
  • “Owner” means Creative Rentals Pty Ltd, A.C.N. 671 315 003 which expression shall include any or all companies related or any subsidiary successors and assigns of Creative Rentals Pty Ltd (Australia)
  • “Hirer” means the person who (including his successors, representatives and permitted assign) hiring equipment from the Owner and where there is more than one Hirer the covenants on their part contained herein shall be deemed joint and several covenants.
  • "Equipment" means all or any photographic, film, audio or video equipment or any other goods of any kind whatsoever hired by the Hirer from the Owner.
  • "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

Lease

The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.

Suitable photo ID and Credit Card Details

Suitable photo ID and credit card details are required for all orders, or whenever the Company requests these details.

Delivery of Equipment

The Hirer will, at the Hirer's own expense and risk, pick up and transport the Equipment from the agreed location in the Rental Agreement.

Use of Equipment

The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.

The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.

Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

Warranties

The Equipment will be in good working order and good condition upon delivery.

The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

Loss and Damage

To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.

If the Equipment is lost or damaged, the Hirer will continue paying Rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.

In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.

Ownership, Right to Lease and Quiet Enjoyment

The Equipment is the property of the Owner and will remain the property of the Owner.

The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer's quiet and peaceful possession of the Equipment or the Hirer's unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Surrender

At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment at the Hirer's cost, expense and risk to the Owner by delivering the Equipment to 34 Balaka Street, Rosny, Tasmania, 7005. If the Hirer fails to return the Equipment to the Owner at the end of the Term or any earlier termination of this Agreement, without any prior agreement with the Owner, the Hirer will pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.

Damage Waiver

The Equipment shall be at the Hirer’s risk from the time the Equipment leaves the Owner’s premises until the time it is returned and accepted by the Owner. Acceptance of returned equipment does not release the Hirer from the responsibility for the loss or damage of hired Equipment.

Unless otherwise agreed to by the Owner in writing, the Hirer is required to effect suitable insurance in respect of the Equipment and must provide documentary evidence of such insurance prior to the hiring of any Equipment by the Hirer.

Creative Rentals 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) while at the risk of the Hirer, the Hirer shall be liable to compensate the Company for the full replacement cost or full cost of repairing the Equipment as the case may be.

Charges

  1. 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.
  2. The Hirer acknowledges that in the event of accidental damage to the Equipment the Owner will limit the claim to the excess charged by the Hirer’s insurance provider in relation to each and every claim. The current excess for claims is $1000 (including GST).

Terms

  1. 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.
  2. Insurance Coverage and claims will be assessed by The Owner’s 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 Hirer with all documentation requested, relating to the claim. This may include, but is not limited to, documents such as Police Reports, Statuatory Declarations, transportation details. In the event The Hirer fails to supply documentation required by The Owner, The Owner 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. In the event that 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:
    1. Damage caused by misuse, mechanical or electrical derangement, exposure to salt water, exposure to water, exposure to dust, sand or other fine particle, exposure to salt, sand or mud, or confiscation by Customs or other authorities.
    2. 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. Destruction of or damage to any Equipment whatsoever or any 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:
      1. ionising radiations or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from combustion of fuel
      2. the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
    4. Damage or loss resulting from leaving Equipment in vehicles whether locked or unlocked, but unattended.
    5. Damage or loss resulting from leaving Equipment unattended in a studio, site or public space.
    6. Damage to two-way radios.
    7. Damage to electric globes.
    8. Damage caused by electrical currents.
    9. Damage caused by domestic or wild animals.
    10. Confiscation by Customs or other authorities.
  3. All ordinary and reasonable precautions for the safety of the Equipment must be taken.
  4. The Hirer must not modify the equipment with the consent of the Owner.
  5. In the event of loss or damage, the Hirer shall:
    1. Promptly notify the Owner and the Police where necessary, and take any practicable steps towards the discovery and recovery.
    2. As soon as practicable give full written report of the circumstances of the loss or damage to the Owner.
    3. At the same time furnish to the Owner any particular or evidence as may be reasonably be required by the Owner 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 Owner 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.

Conditions

  1. All ordinary and reasonable precautions for the safety of the Equipment must be taken.
  2. The Hirer must not modify the equipment with the consent of the Owner.
  3. In the event of loss or damage, the Hirer shall:
    1. Promptly notify the Owner and the Police where necessary, and take any practicable steps towards the discovery and recovery.
    2. As soon as practicable give full written report of the circumstances of the loss or damage to the Owner.
    3. At the same time furnish to the Owner any particular or evidence as may be reasonably be required by the Owner 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 Owner 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.
  4. In no event is the Owner 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 realize anticipated savings.
  5. The Owner 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

Indemnity

The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment.

Entire Agreement

This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

Interpretation

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

This Agreement will be construed in accordance with and governed by the laws of Australia and the Parties submit to the exclusive jurisdiction of the Australian courts.

Severability

If there is a conflict between any provision of this Agreement and the applicable legislation of Tasmania (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

General Terms

This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

Time is of the essence in this Agreement.

This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.

Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Hirer

NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.