ACCEPTANCE OF TERMS OF TRADE
- The Customer acknowledges and agrees that upon them signing this document, they have unconditionally accepted all Terms and Conditions as set out in this document, as well as other Terms and Conditions that are agreed from time to time between the customer and Jay Productions & Events Pty Ltd ACN 163 029 123, referred to as ‘Jay Productions & Events).
- The Customer agrees that these terms and conditions apply to all supplies of goods, services, installations, operators and hire of equipment from Jay Productions & Events.
- The Customer also agrees that these Terms & Conditions replace any earlier Terms & Conditions provided by Jay Productions & Events.
- The Customer agrees that this Agreement will constitute the entire Agreement between the The Customer may not rely on any prior understandings, or representations of any kind, whether written or oral preceding the date of this Agreement. Any representations of this nature will not be binding on either Party except to the extent they are incorporated by this Agreement.
- This Agreement may only be amended or varied by the signed written agreement of both Jay Productions & Events and the Customer.
- If any clause or any part of this Agreement is in any way unenforceable, invalid or illegal, it is to be read down as to be enforceable valid and legal. If this is not possible, the clause (or wherever possible, the offending part) is to be severed without affect the enforceability, validity or legality of the remaining clauses (or parts of those clauses) of this agreement, which will continue in full force and effect.
- “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.
- “Equipment” means any equipment supplied by Jay Productions and Events Pty Ltd in accordance with these Terms and Conditions and Job Order.
- “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.
- “Hire Period” refers to the period in which the Customer holds possession of the Equipment.
- Subject to availability for hire at the commencement of the Hire Period, Jay Productions & Events agree to hire the Equipment to the Hirer for the period on the terms and conditions as set out herein.
- Unless otherwise agreed in writing between the parties, the Hire Period will commence when the Equipment leaves the location of Jay Productions and events on the date agreed by the parties
- The Hire period will cease when the equipment is returned to Jay Productions & Events.
- At all times prior to, during and after the Hire Period, the Equipment is the property of Jay Productions & Events and will remain the property of Jay Productions & Events.
USE OF THE EQUIPMENT
- The Customer agrees to 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 any applicable law, whether local, state or federal respecting the use of the Equipment, including but not limited to, environmental and copyright law.
- The Customer will use the Equipment for the purpose for which it was designed and not for any other purpose.
- Unless the Customer obtains the written consent of Jay Productions & Events, the Customer 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 values of the Equipment.
REPAIR AND MAINTENANCE OF EQUIPMENT
- The Customer will at their own expense, keep the Equipment in good repair, appearance and condition, normal and reasonable wear and tear The Customer will supply all parts that are necessary to keep the Equipment in such a state.
- If the Equipment is not in good repair, appearance and condition when it is returned to Jay Productions & Events, Jay Productions & Events may make such repairs or many cause such repairs to be made as necessary to put the Equipment in a state of good repair, appearance and condition, normal and reasonable wear and tear Jay Productions & Events will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Customer written notice of and invoices for the said repairs. Upon receipt of such invoices, the Customer will immediately reimburse Jay Productions & Events for the actual expense of those repairs.
- The Customer may, but is not obligated to, enforce any warranty that Jay Productions & Events has against the supplier or manufacturer of the The Customer will enforce such warranty or indemnity in its own capacity, name and at its own expense.
- Jay Productions & Events warrants that the Equipment will be in good working order and in good condition upon delivery.
- Jay Productions & Events warrants that the Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.
- Jay Productions & Events warrants that they have the right to lease the Equipment according to the terms in this Agreement.
- The Customer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
- Jay Productions & Events warrants that as long as no Event of Default has occurred, they will not disturb the Customer’s quiet and peaceful possession of the Equipment or the Customer’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
LOSS AND DAMAGE
- To the extent permitted by the relevant laws applicable, the Customer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause during the Hire Period.
- If the Equipment is lost or damaged, the Customer will: (1) continue paying Rent, (2) provide Jay Productions & Events with prompt written notice of such loss and (3) pay to Jay Productions & Events all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Customer.
- In the event of Total Loss of Equipment, the Customer will provide Jay Productions & Events with prompt written notice of such loss and will pay to Jay Productions & Events all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Customer.
GUARANTEE AND INDEMNITY
- The Customer agrees to guarantee and indemnify Jay Productions & Events against any loss suffered as a result of engaging the goods and services of Jay Productions & Events.
- The Customer will indemnify and hold harmless Jay Productions & Events against all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including but not limited to legal fees and costs, arising out of or related to the Customer’s use of the Equipment.
- If the Customer is a company, we require a personal guarantee by each of your directors.
- All guarantors shall be jointly and severally liable for performance of all of the terms, covenants, and conditions of our agreements.
- You and the guarantors jointly and severally authorise us to exchange information about the creditworthiness of either yourself or the guarantors with any credit reporting agency at any time during the term of the agreement.
DEPOSIT & PAYMENT
- A 50% deposit of the total price is required upon confirming the The deposit is non-refundable.
- Full payment is required 7 days prior to the commencement of the order.
- Cancellation inside the 72 hour period prior to the commencement of the order/event/project will result in a non-refund on 100% of the total amount of the order.
PRICE & QUOTATIONS
- All dollar amounts in this agreement refer to Australian dollars, and all payments required to be paid under this Agreement are to be paid in Australian dollars unless the otherwise agreed on by the Parties.
- Price means our fixed and published price or the amount agreed between us or the amount established by a course of dealing between The price unless otherwise agreed does not include delivery costs.
- The observation of agreed time frames is of primary importance, and in that regard, time is of the essence in relation to any obligation under these Terms & Conditions in respect of a payment to be made.
- The payment terms are 30 days from the date of the issuance of an invoice by Jay Productions & Events.
- If you must make a payment or do any other thing on or by a day that is not a business day you must make the payment or do the thing on or by the next business Unless otherwise agreed normally payment is a condition precedent to delivery and supply of the goods or service.
- By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our You and any guarantor will be in default if you do not pay us when money is due for payment or fail to comply with any other obligation under our business arrangements.
TAXES, FEES & CHARGES
- Notwithstanding any other provision of this Agreement, the Customer will not be required to pay any tax, Fee or charge if the Customer is contesting the validity of same in the manner prescribed by the legislation governing the imposition of the same, or in the absence of a prescribed form, in a reasonable However, the Customer will indemnify and reimburse Jay Productions & Events for damages and expenses incurred by Jay Productions & Events arising from or related to the Customer’s failure to pay any tax, fee or charge, regardless of whether the Customer is contesting the validity of the same or not.
- If the Customer fails to pay any and all taxes, fees and charges mentioned in this Agreement and the Owner, on behalf of the Customer pays the same, the Customer will reimburse Jay Productions & Events for the cost upon notification from Jay Productions & Events of the amount.
- The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:
- The Customer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Customer’s obligations under this Agreement.
- The Customer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia.
- A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
- The Customer is in breach of any contractual clause within 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, and/or any other cause beyond the reasonable control of the Party whose performance is affected.
- If you are in default under our agreement or of these Terms & Conditions, we may send you a default The notice will tell you what the default is and what you are required to do to correct the default. You will have 14 business days to rectify the default.
- If you do not comply with the default notice you become immediately liable to pay us all money owing with interest on that amount from the due date until payment at the rate of 15% per annum.
- You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and the guarantor if any and indemnify us against any losses resulting from the default.
- On the occurrence of an Event of Default, Jay Productions & Events will be entitled to pursue any one or more of the following remedies (“the Remedies”):
- Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Customer.
- Apply the Deposit toward any amount owing to Jay Productions &
- Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
- Take possession of the Equipment, without demand or notice, wherever the Equipment may be located, without any court order or other process of The Customer waives any and all damage occasioned by such taking of possession.
- Terminate this Agreement immediately upon written notice to the
- Pursue any other remedy available in law or in equity.
- To protect our security interest in the goods, we may choose to register the agreement between us under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). You agree to do all things necessary to facilitate such registration as a Grantor of a Security Interest under the PPSA.
- On default in payment you irrevocably permit us or any person authorised by us in writing upon reasonable notice to enter your premises or the premises where the goods are reasonably believed by us to be held on your behalf or rely on any of the other enforcement provisions as provided under the You also agree to indemnify and hold us harmless for all reasonable costs and expenses of recovery of the goods and losses if any on their resale.
- You agree to sign documents or do all things necessary to perfect our rights under the agreement and appoint us as your attorney to sign any document or do anything that may reasonably be required to enforce our rights on default.
PASSAGE OF RISK
- Unless otherwise agreed risk passes to you at the time we deliver our products to you at your specified location or otherwise you collect the goods from us as agreed in The Rental Hire Agreement.
- You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given in connection with our transactions are true and correct and that you have not failed to disclose to us anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse effect on performing your obligations under this Agreement.
- Acceptance of the goods must take place immediately following delivery and is established if you signify by words or conduct that the goods are conforming or that you retain them in spite of their nonconformity or deal with them in a way inconsistent with our You may reject them on good grounds after a reasonable opportunity to inspect them. The rejection must immediately be communicated to us within 72 hours of receipt of order with full particulars of the nonconformity. On acceptance if payment arrangements are in place then they must be honoured.
- If the goods are not in conformity, Jay Productions & Events will endeavour to replace such If replacement of the goods is not attainable and payment has been made then it will either be refunded by us or credited towards payment of other goods or services supplied by us.
- A restocking fee may be charged on goods required to be returned and it is agreed that should goods be returned, it is only the transport carrier nominated by Jay Productions & Events that is to be used for collection of the goods, unless otherwise agreed by us.
DISPUTES & GENERAL
- When a dispute arises between us you agree to comply with our dispute resolution To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.
- Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of money, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of Undisputed amounts must be paid forthwith.
- Notices must be in writing and be given personally by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.
- You agree to notify Jay Productions & Events of any changes which affect the legal entity, structure or management control of your business, including if you or your business becomes bankrupt or insolvent.
- Unless provision is made to you in writing, you agree that you shall not represent to any third party that you are in any way acting for Jay Productions & Events.
- This Agreement will extend to 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 of this Agreement.