TERMS AND CONDITIONS
1. GENERAL
These terms and conditions are deemed to be incorporated into all contracts for the supply of Equipment to the Customer and supersede all terms and conditions previously issued by Sydney Camera Hire Pty Ltd and Tribal Apes Pty Ltd (the “Company”). The Company will only hire Equipment to the Customer under these terms and conditions, and no contract for the hire of Equipment will exist between the Companies and the Customer unless these terms are accepted. Any order placed by the Customer is deemed to incorporate these terms and conditions, notwithstanding any inconsistencies in the Customer’s order.

2. DELIVERY
Unless the Customer arranges for the delivery and return of the Equipment, the Customer shall be responsible for the collection and return of the Equipment. Where the Company delivers or collects Equipment at the Customer’s request, the Company shall have absolute discretion as to the mode of delivery, and such delivery and collection will be at the Customer’s risk and expense. Equipment must be collected from and returned to the Company’s premises.

3. HIRE CHARGES
(1) Hire charges for Equipment are as set out in the quotation supplied. The Company reserves the right to alter its hire charges without notice. A minimum charge for invoiced services applies.

(2) Hire charges for Equipment are calculated from the time the Equipment leaves the Company’s premises until the end of the hire period or when the Equipment is returned to the Company’s premises, whichever is later. If the Equipment is not returned by 9:00 AM on the working day following the last day of the hire period, the Customer shall be liable for additional fees at the full daily rate for each day or part thereof until the Equipment is returned.

(3) In addition to normal hire charges, the Company may charge an opening fee for services outside normal business hours.

(4) The Customer shall pay all delivery costs, taxes, government duties, and other expenses incurred by the Company in connection with the hire of Equipment.

4. PAYMENT
(1) Hire fees must be paid in advance or, in the case of Account Customers, within 30 days of the Company’s invoice unless otherwise agreed in writing. First-time rentals are on a Cash on Delivery (COD) basis unless shipping is required, in which case payment must be made in advance.

(2) The Company may require immediate payment in cash at any time, even if an account is in place.

(3) The Company reserves the right to charge interest at 2% per month (or any other rate the Company sets) on overdue accounts, calculated from the date the payment is due until full payment is received. A certificate signed by a director, manager, or secretary of the Company will be deemed conclusive evidence of the interest rate.

(4) The Company reserves the right to set a minimum invoice value and may refuse to hire Equipment if the Customer fails to comply with payment terms.

5. IMPLIED TERMS
All warranties and conditions expressed or implied by statute, common law, equity, trade, or customer usage are, to the extent permitted by law, excluded from this contract. The Customer acknowledges that the Company has not made any representations or promises other than those expressly stated in this agreement.

6. COMPANY LIMITATION OF LIABILITY
(1) Except as expressly provided in this contract, the Company shall not be liable for any direct, indirect, incidental, or consequential loss, injury, or damage, including loss of profits, business opportunities, or damage to equipment or property, arising from the use of the Equipment, even if caused by the Company’s negligence.
(2) The Customer agrees to indemnify the Company against any claims arising out of the use of the Equipment, including any third-party claims.

7. PROPERTY, RISK, AND INSURANCE
(1) The Equipment is at the Customer’s risk from the time it leaves the Company’s premises until it is returned and accepted by the Company. Acceptance does not relieve the Customer of responsibility for the Equipment.

(2) The Customer is required to effect insurance coverage for the Equipment. Insurance must cover the full replacement cost of the Equipment for loss, theft, or damage, including hire charges during the repair or replacement period.

(3) The Company must be named as a joint insured under the insurance policy, particularly for “negative” insurance.

(4) In the event the Equipment is lost or damaged (excluding fair wear and tear), the Customer is responsible for compensating the Company for the full replacement or repair costs.

(5) If the Equipment is lost or damaged, the Customer is also responsible for hire charges up to the time the Equipment is repaired or replaced, for a maximum of 13 weeks. The Customer is required to ensure that their insurance covers this period.

(6) The Equipment must not be used by any person other than the Customer’s employees or agents, and the Customer is prohibited from lending or re-hiring the Equipment to any third party.

8. CANCELLATION CHARGES
If the Customer cancels an order for booked Equipment within 48 hours of the scheduled collection time, a cancellation fee of 50% of the original hire charges will apply.

9. LIMITATION OF LIABILITY FOR LOSS OR DAMAGE
(1) The Customer acknowledges and agrees that in the event of loss or damage to the Equipment, the liability for replacing or repairing the Equipment rests with the Customer, and any claim for loss or damage will be limited to the costs of repair or new replacement value.

(2) Loss or damage covered by insurance must be reported within 24 hours of the incident, and the Customer must provide a written report with any evidence requested by the Company or its insurer.

10. POWER OF ENTRY
The Company reserves the right to enter any premises where the Equipment is located to inspect, test, or repossess the Equipment, and the Customer agrees to indemnify the Company against any liability arising from the exercise of this right.

11. TERMINATION BY COMPANY
(1) The Company may terminate this contract and repossess the Equipment immediately if the Customer:
(a) Fails to pay hire charges within 2 days of the due date;
(b) Acts in a way that prejudices the Company’s rights;
(c) Breaches any part of this contract;
(d) Becomes insolvent or bankrupt, or is subject to a winding-up order (if a company).

(2) The Customer shall pay the Company all costs and charges incurred under this contract upon termination.

12. OTHER CONDITIONS
(1) The minimum hire period for interstate rentals is 2 days.
(2) Equipment must not be used for hazardous activities or taken on flights other than with the Company’s prior written consent.
(3) The Customer must take reasonable precautions to protect the Equipment and ensure it is used correctly by qualified persons.

13. WAIVER
Failure by the Company to enforce any of the terms or conditions in this agreement shall not be deemed to be a waiver of those rights.

14. GOVERNING LAW AND JURISDICTION
This contract is governed by the laws of New South Wales, Australia. Any disputes arising from this contract will be heard in the courts of New South Wales.


General Instructions to Customers

  1. Hire Charges:
    Hire charges are calculated on a daily or weekly basis. A day is considered to run from midnight to midnight. A weekly rate is generally 2-4 times the daily rate, depending on the item.
  2. Insurance:
    The Customer must ensure that Sydney Camera Hire Pty Ltd is named as a joint insured party under all insurance policies, particularly for “negative” insurance.
  3. Filters and Consumables:
    The Customer is responsible for any deterioration or damage to filters, bulbs, or other consumables while in their possession.
  4. Equipment Checks:
    The Customer should thoroughly inspect all Equipment before use, including conducting film tests on cameras. Sydney Camera Hire Pty Ltd recommends the Customer arrange adequate reserves of essential items like batteries, media, and other expendables.
  5. Saltwater Exposure:
    The Company advises that Equipment exposed to saltwater may incur damage that can be difficult to repair. It is essential to inform the Company and your insurance provider if you plan to use Equipment near saltwater.
  6. Extensions:
    If the Customer needs to extend the hire period, they must arrange the extension before the original hire period expires.