“Equipment” means all goods, equipment, consumables, and accessories of whatever nature supplied by Figtek to the Hirer and “hire of equipment” includes any services provided by Figtek in delivery, unpacking, installing, operation and collection of equipment;
“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax Act) 1999 as amended;
“Hire Period” means the time from when the equipment arrives at the Hirers premises until it is received back to our staff;
“Hire Contract” means any contract for the hire of equipment or services by Figtek to the Hirer on the Terms;
“Hirer” means a person, firm or corporation, jointly and severally if there is more than one, hiring equipment from us;
“Site” means the site where the equipment is delivered, used or intended to be used by the Hirer; and
“Terms” means these Terms and Conditions of Hire.
“Supplier“ means “Figtek”
2. Basis of Agreement
2.1 Unless otherwise agreed by us in writing, the Terms apply exclusively to every Hire Contract with the Hirer and cannot be varied or supplanted by any other terms, including the Hirer’s terms and conditions (if any).
2.2 A written quote provided by us to the Hirer regarding the proposed hire of equipment is valid for 2 days and is an invitation only to the Hirer to enter into a Hire Contract based upon that quote. Any terms in our quote form part of the Terms and, if inconsistent, the terms in the quote will prevail.
3.1 Prices for the hire of the equipment will be advised by us at the date of hire and are subject to change at any time, on written notice from us.
3.2 If we require the Hirer to pay a deposit, then this must be paid prior to us providing or delivering any equipment.
3.3 Unless otherwise stated, prices quoted for the hire of equipment include any applicable GST and any other taxes or duties imposed on or in relation to the hire of equipment.
3.4 If the Hirer requests any variation to a Hire Contract, we may vary the hire fees to account for the variation.
3.5 Where there is any change in the costs incurred by us in relation to the hire of equipment from us may vary its hire fees in order to take account of any such change, by notifying the Hirer.
3.6 Travel fee would apply if distance is more than 25ks from CBD of Melbourne or Sydney
3.7 Certain equipment requires disability access to move. If the venue doen’t have disability access (eg, 1st floor of venue with only access by stairs) this may increase the charges for delivery.
4.1.1 Payment for deposits must be made to secure and validate the hire contract. Any outstanding balance must be paid in full 48 hours before the delivery time.
4.1.2 Payment must be made by credit card (Paypal), or direct deposit to the suppliers account.
4.1.3 The supplier may require a security bond to be paid in addition to any hire fees. The supplier may apply the security bond against any amounts payable by the Hirer under the Terms.
4.1.4 Any portion of the security bond not applied at the end of Hire Period will be refunded once the equipment has been inspected on return and the supplier determines that no cleaning or repairs are required or any damage has occurred.
4.1.5 If full payment cannot be made 48 hours prior to the event, the hirer may;
4.1.5(a) incur a ‘Late Payment Fee’ of $10 for every 24 hour period late, on top of the amount already owed or
4.1.5(b) cancel the hire contract with any deposit being forfeit.
4.1.6 Deposits are non-refundable.
4.2.1 TITLE AND RISK:
Title to and property in the Goods shall pass to Purchaser on the first to occur of payment of any part of the Purchase Order price or delivery to the place specified in the Purchase Order. Such Goods yet to be delivered by Supplier shall be appropriately marked and identified as the property of Purchaser.
Risk in the Goods shall remain with Supplier until the time Purchaser takes delivery of the Goods unless otherwise expressly stated in the Purchase Order. Any loss or damage to Goods howsoever caused when under Supplier’s risk shall at its own cost be rectified by Supplier and thereafter when the risk in the Goods has transferred to Purchaser, Supplier shall be liable for any loss or damage to such Goods to the extent caused by its negligence, wilful act, misconduct, fault, breach of duty (statutory or otherwise) or breach of the Purchase Order.
Unless otherwise stated, payment of the Purchase Order price shall be made in full within thirty (30) days from receipt by Purchaser of correct and proper invoice and required supporting documentation following delivery of Goods to the delivery point stated in the Purchase Order
Supplier shall, at its cost, effect and maintain until the risk in the Goods passes to Purchaser adequate material loss or damage insurance at least to the full replacement value of the Goods including adequate transit insurance and also covering unloading if Supplier is required to unload the Goods. Such insurance shall cover the parties’ respective rights and if required by Purchaser shall be in the joint names of the parties. Supplier shall carry: (a) Workers Compensation/Employer’s Liability required by law with where legally permitted an indemnity for Purchaser (including its client as applicable) and ensure that its sub-suppliers have similarly insured its employees; (b) adequate public & product liability insurance and (c) any other insurance pursuant to Clause 16 (if applicable
Return to base warranty claim
Supplier warrants that the Goods supplied shall be of merchantable quality, fit for the purpose intended and free of defects in materials, workmanship and design. If Purchaser supplies manufacturing drawings to Supplier, Supplier warrants that the Goods are manufactured and supplied strictly in accordance with such drawings.
Supplier shall (at the option of Purchaser) either replace or repair and make good any Goods or parts of Goods supplied by it found to be defective or in any way unsuitable for the purpose intended for a period of twelve (12) months from date of delivery of the Goods (“Warranty Period”). If Supplier repairs or replaces Goods during the Warranty Period, then those Goods repaired or replaced have a further
warranty for a period of twelve (12) months from the date such repairs or replacements were completed.
4.2.4 WAIVER & AMENDMENT:
Neither a waiver of any provision of the Purchase Order nor consent to any departure therefrom shall be effective unless given in writing by Purchaser.
Except as provided by law or equity or elsewhere in the Purchase Order, none of the provisions of the Purchase Order shall be varied or amended without the prior written consent of the parties.
4.2.5 CANCELATION :
Purchaser may at its option cancel the Purchase Order or any part thereof at any time. Purchaser’s liability will be to pay for materials manufactured and supplied in accordance with the Purchase Order up to the date of cancellation and for costs of materials and other items ordered in connection with the Goods for which Supplier is legally bound to pay. Upon such payment, title to and property in all those materials and other items shall pass to Purchaser.
If at any time Supplier discovers that the time of delivery will not be met, it shall notify Purchaser within two (2) working days of discovery stating cause of delay and earliest possible delivery date. Purchaser may thereupon (without prejudice to any other rights) terminate all or part of the Purchase Order. If Supplier is delayed in delivery of the Goods by unforeseeable occurrences or causes such as acts of God, state or nationwide strikes, fire or other causes of a similar nature beyond Supplier’s reasonable control, Supplier shall notify Purchaser within two (2) days of the commencement of each such occurrence or cause and request an extension of time. If approved by Purchaser, any extension of time shall be granted in writing. Supplier shall not be entitled to and hereby waives any and all claims to increased compensation for/or damages which it may suffer from any such unforeseeable causes.
4.2.7 Returns : NO RETURNS ACCEPTED. We will offer modifications or repairs at extra charges. Buyer pays postage to and from.
4.3 Dispatch and delivery
4.3.1 Figtek will ship your order to anywhere in Australia. With an extensive warehouse full of stock, our dispatch team endeavour to ship your orders within 48 hours of payment being received. Figtek uses Australia Post by default, except for larger items which may be sent with StarTrack.
4.3.2 Once your order is processed we will email you the tracking details of your order; which can be tracked via Auspost or StarTrack. If, for some reason, there is a delay or we are unable to fill your order, we will notify you as soon as possible.
4.3.3 Shipping Times
For an estimate on delivery times to your specific location, please check the online Transit Time Calculator for Australia Post. If your order is for a larger item, please check the StarTrack ETA Calculator.
4.3.4 Express Shipping
If you need your product in a hurry and you are happy to pay a bit extra to get it faster, Figtek offer an express shipping option through StarTrack Express. Express Shipping is currently a manual process.
Unfortunately, Figtek currently do NOT accept any international orders.
No returns or exchange accepted. Purchaser is recommended to test the items before purchasing.
5. Variation and Cancellation
5.1 If through circumstances beyond the control of the supplier, they are unable to provide equipment, then they may:
(a) make changes to the equipment provided so that the end performance is not materially prejudiced; or
(b) cancel any Hire Contract (even if it has already been accepted) by notice in writing without any liability to the Hirer.
5.2 The Hirer may cancel a Hire Contract prior to delivery of equipment but will forfeit any deposit paid. In the event that an event is cancelled by the hirer with less than 4 weeks notice they will also forfeit any balance paid in addition to their deposit.
6. Delivery, collection and return
6.1 The Hirer must allow our agents and insurers access to the equipment at all reasonable times to deliver, install, operate, remove, inspect, test, adjust, maintain, repair or replace them. The Hirer is responsible for providing safe and proper access to and at the Site. The Hirer is liable for all injury, loss or damage suffered by us, its employees or agents while at the Site.
6.2 If the Hirer requires any change to the time of delivery or removal of the equipment it must promptly notify us in writing. The supplier reserves the right to absolute discretion in accepting or rejecting such request. If we accept such a request, we may charge the Hirer for any additional hire fees or costs incurred by us.
6.3 If, for whatever reason we are unable to gain access to the Site for delivery or pick up of equipment the supplier may charge the Hirer for a fee of $50 for each unsuccessful attempt, which must be paid at the time of delivery or pick up.
6.4 If the Hire Contract states that the Hirer must arrange for pick up and return of the equipment and the Hirer fails return the equipment at the end of the Hire Period, the Hirer agrees to pay us the daily hire charge for each item for each day from the end of the Hire Period until the equipment is returned or until adequate compensation is made to us including payment for any loss or destruction of the equipment.
6.5 The supplier and it’s agents decision as to condition of equipment prior to dispatch and on return shall be final.
7. Responsibility of Hirer
7.1 During the Hire Period and at any time the equipment remains in the possession or under the control of the Hirer, the Hirer:
(a) is responsible for and bears the risk for all of the equipment including damage to equipment caused by fire, storm, collision, accident, theft or burglary;
(b) is responsible for using the equipment in strict conformity with the equipment’s’ instructions or specifications;
(c) must comply with all relevant laws, by-laws and regulations applicable to the installation, use and operation of the equipment;
(d) must maintain and return the equipment in the same condition as at the start of the Hire Period;
(e) must not sell, mortgage, sublet, assign or otherwise dispose of the equipment, as all equipment remains the property of the supplier;
(f) must immediately notify us of any failure of the equipment during the Hire Period (24 hour emergency service available for hires within Melbourne and Sydney Metropolitan area – minimum response time 1 hour); and
(g) must, within 14 days of demand, pay the supplier for any damage or losses to any of the equipment, sustained while the equipment was in the possession of the Hirer.
7.2 The Hirer acknowledges that:
(a) we are not responsible for the inexperience of the Hirer or operator of the equipment, which causes damage or non-operation of the equipment during the Hire Period and the Hirer will remain liable to pay all hire fees, unless the operator is provided by us;
(b) use of non-genuine parts on the equipment may result in the Hirer being liable to pay service charges and any charges for damage on demand to us.
7.3 The Hirer warrants that it has, or its employees have, the required skills, qualifications and expertise to operate and use the equipment.
7.4 The Hirer is solely responsible for all risks relating to or arising from the selection, use and location of the equipment.
7.5 The Hirer must indemnify the supplier from all costs, actions, claims, demands, loss or damage (including all legal costs) arising from or in connection with the equipment or as a result of its use by the Hirer.
8. Breakdown or defect
8.1 The Hirer must carefully inspect the equipment upon delivery and notify us within 30 minutes if there is any damage, loss or shortage. Any shortages not notified within this time will be charged for in full.
8.2 Breakdown or defect in the equipment resulting from:
(a) proper or ordinary use: or
(b) the development of an inherent fault or faults not ascertainable prior to start of the Hire Period; may, at our option, either be repaired at the Site or the equipment replaced and delivered to the Site at our expense.
8.3 If repair is impracticable and if replacement equipment is not available, the proportional charge for the broken or defective equipment will be credited to the Hirer and we will not have any other liability whatsoever to the Hirer.
8.4 No relief from hire fees or any claims will be allowed by us where:
(a) an event has been delayed, cancelled or postponed for reasons out of the suppliers control including, without limitation, inclement, weather or Site conditions;
(b) the Hirer fails to notify us of any defect or breakdown of equipment immediately when it occurs.
8.5 The Hirer must not try to effect any repairs on any equipment.
9. Property, Risk and Insurance
9.1 The ownership of the equipment at all times remains with the supplier and nothing in these Terms or any Hire Contract imparts any ownership rights to the Hirer.
9.2 The risk in the equipment is with the Hirer for the Hire Period or while the equipment is in the custody, possession or under control of the Hirer.
9.3 The Hirer must have its own insurance for loss, damage or theft of the equipment to its full replacement value.
9.4 In the event that the equipment is damaged, destroyed, lost or stolen, then the Hirer must immediately compensate us up to the full replacement cost of the equipment.
9.5 If the equipment is involved in any accident resulting in injury to persons or damage to the equipment or other property, immediate notice must be given to us by telephone and confirmed in writing to us. The Hirer must not make any admission, offer, promise, payment or indemnity without prior written consent from the supplier.
10. Default and Termination
10.1 If the Hirer:
(a) breaches any of the Terms;
(b) allows the equipment to be damaged or lost or the equipment is damaged or lost while under the responsibility of the Hirer;
(c) defaults in payment by the due date of any amount payable;
(d) is an individual and becomes bankrupt or enters into any scheme of arrangement or composition of the benefit of his or her creditors;
(e) is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment or composition with or for the benefit of its creditors, has as a liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution;
Then the supplier may, without prejudice to any other remedy available to it:
(f) require immediate payment of all money which would become payable by the Hirer to us at a later date on any account, without further notice;
(g) charge the Hirer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (VIC) plus 4 per cent for the period from the due date until the date of payment in full;
(h) charge the Hirer for, and the Hirer must indemnify us from, all costs and expenses (including without limitations all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover the equipment;
(i) charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed equipment;
(j) charge the Hirer for subsequent lost hire fees as a result of the equipment being lost, damaged or destroyed until the equipment is repaired or replaced;
(k) immediately terminate the Hire Contract.
10.2 On termination, the Hirer must immediately make the equipment available for collection.
10.3 If the Hirer does not, the supplier or its agents are entitled to enter any premises of the Hirer where the equipment is suspected to be to repossess the equipment.
10.4 We will not be liable for any damage caused and the Hirer must indemnify us from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.
11.1 Except as specifically set out herein, or contained in any warranty statement provided with the equipment, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the equipment whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
11.2 Repair or replacement of the equipment or refund of the hire fees, as determined in the absolute discretion of the supplier. It is the absolute limit of our liability howsoever arising under or in connection with the hire, use of, storage or any other dealings with the equipment by the Hirer or any third party.
11.3 We are not liable for any indirect or consequential losses or expenses suffered by the Hirer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
11.4 We will not be liable for any loss or damage suffered by the Hirer where we have failed to meet any delivery date or time, cancels or suspends the hire of equipment.
11.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the hire of equipment which cannot be excluded, restricted or modified.
12. Use of Photos and Videos
12.1 Photos and videos will not be used for any purpose other than providing the hirer with products.
12.2 From time to time, the production of some products will require that the images or videos taken be disclosed to third parties.
12.3 The hirer gives permission for any photos and videos to be disclosed to third parties in order to produce these products.
12.4 If the hirer agrees in writing, the supplier may use the images or video for marketing and promotional purposes.
13.1 By submitting our online booking form and clicking ‘agree to terms and conditions’ binds the hirer to these terms and conditions.
15. Information for Marketing Purposes
15.1 The supplier reserves the right to use all the information collected for future advertising and marketing purpose.
15.2 The supplier will not disclose any information to a third party without prior consent.
16. Performance License
16.1 The hirer or the venue (for example, the club, hotel, nightclub or restaurant) is responsible for ensuring they have a valid public performance licence from APRA and PPCA (or the relevant copyright owner).
17. Electronic Communications
17.1 When you visit the suppliers Website or send e-mails to the supplier, you are communicating electronically.
17.2 You consent to receive communications from us electronically.
17.3 We will communicate with you by e-mail or by updating these terms on our website.
17.4 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18.1 The law of Victoria and New South Wales from time to time governs the Terms and the parties agree to the nonexclusive jurisdiction of the courts of Victoria, New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
18.2 Failure to enforce any of these Terms shall not be construed as a waiver of any of our’ rights.
18.3 If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.
18.4 A notice must be in writing and handed personally, sent by facsimile, email or Australia post to the last known address of the addressee. Notices sent by post are deemed to be received upon posting. Notices sent by facsimile are deemed received on the facsimile machine confirming transmission. Email is deemed to be received once a response has been made.