Black Express

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Hiring Agreement, Terms and Conditions

(1)
The Hirer shall at all times use the equipment in a skilful and proper manner and shall at his own expense service, clean and maintain the equipment in good and substantial repair and condition, reasonable wear and tear expected.
(2)
The Hirer shall be responsible for all freight and other charges whether incurred by the owner or the hirer in respect of the delivery and return of the equipmkent except when the period of hire is determined and the equipment is returned to the owner due to a breakdown or failure caused by reasonable wear and tear and not by the hirer's negligence or misuse or any other reason whatsoever.
(3)
The Hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except loss or damage which is caused by reasonable wear and tear and without limiting the generality hereof, the hirer shall in particular be liable for any loss or damage to equipment in the following circumstances:-
(A) Loss or damage arising out of or caused by fire, storm, earthquake, collision, accident, and theft.
(B) Loss or damage resulting from overloading, exceeding rate capacity, misuse, abuse or unauthorised servicing of equipment
(C) Loss or damage due to mysterious disappearnace of the equipment
(D) Loss or damage caused by misappropriation or wrongful conversion by the hirer or his employees or agents or by any person to whom the equipment is entrusted by the hire
(E) Loss or damage caused by the use or operation of the equipment in contravention of any of the conditions of this agreement
(F) Loss or damage caused by the use or operation of the equipment in violation of any statute (Commonwealth or State) or any regulation or by-laws thereunder
(G) Loss or damage to tools or accessories including plugs, sockets, nuts and bolts, roadcases, stands, microphones, clips and electrical leads
(H) Loss or damage to equipment occurring for any reason whilst located, used, loaded, unloaded, transported on, over or on adjoining water including without limiting the generality thereof whilst located, used, loaded, unloaded, transported over or on wharves, bridges, barges and vessels of all kinds
IT IS AGREED by and between the parties that the deposit may be applied to the cost of replacement of or repair to the equipment and any short fall shall be recoverable from the hirer as liquidated damages

(4)
The hirer shall be responsible for any loss of or damage to property or person caused by the equipment for any reason whatsoever during the period of hire and the hirer shall indemnify the owner in respect of allclaims damages and expenses in relation thereto.
(5)
The period of hire shall commence from the commencement date as set out in the Hiring Agreement or the time the equipment is delivered to the hirer, whichever is the later, and shall cease when it is returned to the owner or, if the hirer notifies the owner in writing that the equipment is available for return at a particular place, when it is picked up by the owner from such place provided that the owner shall cause the equipment to be so picked up within five (5) days after such receipt of notification.
(6)
Notwithstanding anything herein contained hiring charges at the rate set out in the Hiring Agreement shall commence from the commencement of the period of hire and shall continue until the completion of the period of hire as set out in the Hiring Agreement
(7)
In the event of a breakdown or failure of the equipment, the hirer shall return the equipment to the owner's premises forthwith and on no account repair or attempt to repair the equipment without the prior consent of the owner. In the event that such a breakdown or failure is caused by reasonable wear and tear and not by the hirer's negligence or misuse or any other reason whatsoever then the period of hire shall be determined upon such return of the equipment to the owner. In no event shall the owner be responsible for any expenditure, damages and/or loss incurred by the hirer arising out of any breakdown or failure of the equipment whether caused by wear and tear, negligence on the part of the owner, or any other reason whatsoever
(8)
The owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default forthwith terminate this agreement and re-possess the equipment in any of the following events:-
(A) If the hirer shall fail to pay any hiring charges within two (2) days of the due dates.
(B) If the hirer shall do or permit any act or thing whereby the owner's rights in the equipment may be prejudiced.
(C) If the hirer should become or made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a hirer being a limited company, should an order be made or a resolution passed for the winding up of such company.
(D) If the hirer commits any breach of the Agreement.