Hire Terms & Conditions.
Pricing for the hire of equipment of the website is for a 24 hour hire period. Order deliveries, setups and pick ups outside the operational hours of are at the discretion of Skylark Hire. When equipment is hired on Saturday nights, the order must be returned by close of business on Monday. Equipment that is not returned in the agreed time will incur extra charges per day of the daily hire amount for each item every not returned. We anticipate the return of the equipment back at a certain time to be able to reserve the equipment for future bookings.
Please be aware the Lessee, the person who made the bookig and completes the identifaction process is responsible for the equipment from pick up to drop off. In the case of a delivery, once the equipment is delivered, the equipment becomes the responsibility of the Lessee. Non returns, loss or damaged equipment the Lessee will pay for its replacement at market value. This process is comissioned to a debt agency. Please be aware of the equipment and the safety of others at all times.
General wear and tear is accepted, however obvious neglect will be evaluated by the repairers, after this inspection a decision is made to deem the liability of the issue. If equipment has failed due to no fault of its own then Lesse will be required to pay the repair charge.
If equipment fails due to the a fault of the equipment Skylark Hire will organise a credit/refund for the item/s of equipment that demonstrate a pre-existing fault. The Lessee will need to inform Skylark Hire of any damage to the order from or during the hire time frame.
HIRE TERMS & CONDITIONS
The Customer agrees that the condition of rental shall apply in respect to all goods on hire by the customer from Skylark Hire
LOSS OR DAMAGE
The Customer – The Hirer, the person completing the identification process shall be responsible for any loss or damage whatsoever caused to the Equipment until returned to Skylark Hire and upon demand shall pay the Lessor either the cost of the repairs or the value of the equipment as assessed by the manager, whichever be the lesser amount. The Lessor shall not be required to replace the equipment until the customer pays such amount. The customer is required to notify the Lessor of any loss or damage to the Equipment within Forty-Eight hours of such loss or damage.
The Customer agrees to provide the Lessor (agents or servants) reasonable access to the Equipment at all times for inspection, repair, adjustment or collection.
1-PUBLIC LIABILITY & INSURANCE
It is the sole responsibility of the Lessee (The Hirer) and the performers to ensure they meet the correct standards of liability required to execute their agreed duties. Skylark Hire holds no responsibility for any Public Liability & Insurance claims arising between the parties involved.
2-THE EQUIPMENT: The Lessee agrees: (a) To use the Equipment at all times in a skillful and proper manner and shall, at his/her own expense, service, clean and maintain the Equipment in good and substantial repair and condition, reasonable wear and tear excepted.
(b) To carefully check the Equipment and notify Skylark Hire within 48 hours from the time and date of the damage occurrence of any shortages or malfunction.
(c) To be responsible for all loss or damage to the Equipment (less fair wear and tear as determined by Skylark Hire), howsoever caused, from the time the Equipment leaves Skylark Hire until it is returned and signed for by a representative of Skylark Hire and without limiting the generality hereof.
(d) To replace or pay for replacement of all loudspeaker cones, horn diaphragms, or microphone inserts or diaphragms that are damaged or fail during the hire period that Skylark Hire have judged to have failed due to misuse or over driving, or have failed and are not covered by manufactures warranty, as determined by Skylark Hire.
(e) To indemnify Skylark Hire and keep it indemnified against any claims or Actions whatsoever and how ever made in respect to the Equipment, the use thereof, failure or non-performance of the Equipment.
(f) The Lessee shall not paint, deface, mark or remove any markings on the Equipment, or obscure Skylark Hire markings or signs or labels on the Equipment. Any such marking or removal shall attract a charge of $50 per item plus the cost to return the item to its original condition.
(g) Not to part with possession of the Equipment and not to sublet, pledge or reassign the Equipment to any other party without the written consent of Skylark Hire.
(h) Not to affix the Equipment or any part thereof to any building or other property.
(i) To use the Equipment only in the State in which the Equipment was hired and not to move nor permit any other person(s) to move the Equipment out of the state in which it was hired without the written consent of Skylark Hire.
3. CHARGES: A minimum of $200.00 (Two Hundred dollars) security bond is to be paid to the Lessor and is payable before the Lessee takes possession of the Equipment. The bond may be applied to the cost of replacement of or repair to the Equipment end any shortfall shall be recoverable from the Lessor as liquidated damages and the parties agree to rely upon this Agreement in the event of any proceedings. Skylark Hire is authorized to account to itself from the bond for the replacement cost of any Equipment not returned by the Lessee within 7 days from the due date for return and Skylark Hire shall not be held responsible in any way for the amount so accounted or be required to account for such amount to the Lessee after that return date has expired. The Lessee further agrees:
(a) That where the Lessee assigns the charges payable on this Agreement to another party or organization and that organization or party fails to pay all or part of the charges payable on this Agreement within three (3) days of demand the original Lessee will accept responsibility for the payments.
(b) Where the Hire Charges are determined at discount rates at less than full scheduled daily rates as published by Skylark Hire and the Skylark Hire period is less than the hire period that qualifies for those discounted rates, then the Lessee accepts that the difference between any discounted rates charged hereon and full published scheduled rates shall be due and payable to Skylark Hire on demand.
(c) If no return time and date in stipulated in this Agreement the Equipment shall be returnable within 24 hours of demand (whether verbal or written) being made by Skylark Hire upon The Hirer.
(d) To pay to Skylark Hire an accounting charge for any money outstanding under this Agreement. This accounting charge shall be equal to 3.5% of the amount outstanding for each week that a payment in outstanding.
(e) To be wholly personally responsible for the conduct and performance of this Agreement and payment of all monies (or charges) due to Skylark Hire under the terms of this Agreement, and the Lessee accepts that where the charges and monies due under this Agreement are invoiced for payment to another party, then the Lessee shall be ultimately personally responsible for final payment of such monies to Skylark Hire in the event the party to which the charges have been invoiced fails to pay any or all of such charges by way of default or otherwise. In signing this Agreement the Hirer in guaranteeing his/her performance for payment in full to Skylark Hire for payment of all monies owing to it under thin Agreement.
(f) If the Equipment is to be returned to Skylark Hire by a company or persons other than the Lessee then the bond balance may be released to that person and that persons receipt for it, shall be a full and final discharge of Skylark Hire for repaying the bond.
(g) To pay for the full replacement costs and/or additional hire charges if the Equipment is confiscated by but not limited to customs or government bodies.
(h) Pay Skylark Hire for any costs incurred by the removal of the Equipment or the re-delivery of the Equipment to Skylark Hire or its agents’ premises.
(i) Not to bring or maintain or be party to or assert any action, counter claim or set off at law or in equity or at variance from or inconsistent with any of these conditions.
4. USE OP EQUIPMENT: Skylark Hire grants to the Lessee the right to use the Equipment for a period of up to 6 (six) hours with each day of hire charged. If the Lessee intends to use the Equipment for a period greater than 8 hours within any day of hire charged then the Lessee agrees to pay Skylark Hire a proportionally greater amount for each days hire as determined by Skylark Hire.
5. SERVICE: Skylark Hire agrees to service or replace any Equipment that develops a fault during the hire period and is returned to the premises of Skylark Hire by the Lessee during normal trading hours. If faulty Equipment cannot be repaired or replaced quickly during the hire period Skylark Hire undertakes to credit the Lessee’s account for a proportion of the hire charges, on the basis of the number of the hours the Equipment has been used having regard to clause 4 on this Agreement. The Lessee agrees to pay Skylark Hire a call out fee if the Lessee or any servant of the Lessee requests Skylark Hire to provide service to the Equipment outside of normal working hours or at a location other than the premises of Skylark Hire. After hours and/or on site service are services offered by Skylark Hire separate to the hire of the Equipment and as such there in no undertaking of Skylark Hire to provide on site or after hours service to the Lessee and there in no guarantee given or implied that an after hours or on site service will be available to the Lessee. The charges invoiced are for the hire of Equipment only without any after hours or on site service being offered by Skylark Hire.
6. LOSS OR DAMAGE: The Lessee should make there own insurance arrangements. The Lessee is responsible for all loss, damage or injury suffered to any person or property, howsoever caused, and to all lose or damage to the Equipment, from the time the Equipment leaves Skylark Hire premises, until it is returned and accepted by Skylark Hire. The Lessee is advised to obtain public risk insurance and insurance to cover loss, damage or injury to the Equipment and all persons and property. The bond or part thereof shall be returned to the Lessee only after the Equipment has been checked and accepted by Skylark Hire - no correspondence shall be entered into. The Lessee assumes full responsibility for all loss or damage to the Equipment including but not limited to:
(i) Loss and/or damage occasioned by theft or misappropriation by the Lessee and/or but not limited to his/her employees, servants, agents and drivers;
(ii) Lose and/or damage by confiscation or detention by Customs officials or other authorities;
(iii) Loss end/or damage arising from wear end tear, gradual deterioration, moth, vermin, woodworm or from any process of cleaning, repairing, dyeing or restoring Equipment;
(iv) Loss and/or damage arising from electrical mechanical derangement;
(v) Breakage of transistors and other components in electronic Equipment;
(vi) Any consequential loss end /or consequential damage;
(vii) Loss and/or damage caused by climatic and/or atmospheric conditions end/or extremes of temperature;
(ix) Loss and/or damage caused by theft or vandalism from locked and/or unlocked premises or motor vehicles;
(x) Loss end/or damage to the Equipment occasioned through Transportation of the Equipment by persons other then the Hirer;
(xii) Loss and/or damage to the Equipment due to any method of transportation used in either delivering the equipment to the Lessor or in the returning of the equipment to the premises of Skylark Hire including but not limited to couriers;
(xii) Loss and/or damage to the equipment occasioned through the use of, but not limited to, portable power supplies, generators or any power source.
7. DELIVERY, SETUP PICK UP AND OPERATOR: The lessee/person who completed the identification check, completed the hire order and picked up the order are responsible from drop off to pick up by Skylark Hire. Equipment must be returned in the same condition. Delivery, installation, operation, on site service, pull down and collection charges are all charged separately to equipment hire rates and such charges are quoted on the basis of free, unhindered access at any time suitable to Skylark Hire and it’s the Lessee’s responsibility to ensure that the Skylark Hire personnel and vehicles has a clear path to the delivery site. Where Skylark Hire agrees to delivery and/or collect the Equipment at a nominated address, the Lessee agrees to reimburse Skylark Hire at a minimum pro rata charge of $60 per hour for any additional costs that Skylark Hire incurs should the Skylark Hire driver(s) and/or operators be unable to complete the delivery or collection of the Equipment for any reason whatsoever within fifteen minutes from their arrival to the nominated address.
8. Skylark Hire reserves the right to refuse to hire its equipment to any person or entity without showing cause.
9. COPYRIGHT: The Lessee agrees to indemnity Skylark Hire against any claims or charges in relation to the use of copyright material.
10. Failure of Skylark Hire to insist on strict performance by the Lessee of any condition of this Agreement is in no way deemed to be acceptance of that breach or any other breach of the conditions of this Agreement.
11. If any of the terms of this Agreement is or becomes for any reason wholly or partly invalid, that condition shall to the extent of the invalidity be severed without prejudice to the continuing force of the validity of the remaining conditions.
12. These terms and conditions shall be governed by and construed to take affect in accordance with the laws of Queensland.
13. Unless the context of subject matter otherwise indicates words importing the singular shall be deemed to include the plural and vice versa.