Event/Rental Terms and Conditions
TERMS AND CONDITIONS
CONGRESS RENTAL AUSTRALIA TERMS AND CONDITIONS OF RENTAL
Congress Rental (Danebury Pty Limited) (ABN 20 003 840 800) of Unit 8, 46-48 Buffalo Road, Gladesville, NSW (We/Us)
& THE CLIENT REFERRED TO IN THE EVENT PROPOSAL (You)
1. Definitions - In this Agreement the following expressions have the following respective meanings:
Agreed Cost - A cost borne by Us which You must reimburse as specified in the Event Proposal.
Agreement - This agreement, as amended.
Claim - Any claim, counterclaim demand or proceedings & any defence to a claim, counterclaim or proceedings for any Loss or Liability whatsoever (including legal costs & disbursements)
Confidential Information - Information of or pertaining to either party which is marked confidential or secret (or words to that effect) or which is (although not marked as such) the recipient knows or ought reasonably to know is of a confidential, secret or sensitive nature. The term "Confidential Information" includes the terms of this Agreement, the Fees & any proposal made by Us to You.
Deposit - The amount of the deposit specified in the Event Proposal (if any).
Event Proposal - A cost estimate given by Congress Rental to You in writing.
Event - The Event described in the Event Proposal
Event Date - The date & time of the Event as specified in the Event Proposal.
Equipment - Our Audio-visual, Interpretation & other equipment.
Fee - The fees payable by You to Us as specified in the Event Proposal.
GST - The tax imposed or assessed by the GST Act & its related legislation
Guest - An attendee at the Event, whether invited or not.
Hire Period - The period during which You are permitted to use the Equipment as specified in the Event Proposal.
Insolvency Event - If a party enters into bankruptcy, provisional liquidation, liquidation, receivership, voluntary administration or if a "controller" (as defined in the Corporations Act 2001 (Cwth)) is appointed to a party or if a mortgagee takes possession of any assets of a party or if a party ceases to trade or is unable to pay its debts as they fall due or if a party makes a compromise with its creditors or enters into a scheme of arrangement.
Intellectual Property - All forms of intellectual property in all jurisdictions, including patents, petty patents, innovation patents, patentable inventions, knowhow, trade marks (whether registered or unregistered), copyright, registered & registrable designs, circuit layout rights, applications for registration of any of the foregoing & rights to apply for registration of any of the foregoing.
Loss - Loss, damage, expense or cost of any kind, including personal injury, death, damage to reputation, damage to goodwill, economic loss, loss of or damage to property, loss of data, financial loss, loss of money, consequential loss, loss of profit, loss of cost & other savings, loss of opportunity or any other from of loss & including loss in relation to any Claim, including legal costs & disbursements.
Services - the services which we provide to You, including supplying & leasing to You the Equipment listed in the Event Proposal &, if applicable, personnel to setup &/or operate it at the Event.
Venue - The place at which the Event is to take place, as specified in the Event Proposal.
Venue Operator - The person who operates or manages the Venue. For the avoidance of doubt, the Venue Operator may be You.
2. Credit Card and PayPal payments incur a 3% surcharge.
3. Lost / Stolen or Damaged Equipment
Receivers will be charged at $480 + GST
Bosch Headphones will be charged at $25 + GST
Unwrapped Headphones will be charged at $1 + GST per headphone that is returned unwrapped.
Any lost or stolen equipment will be charged at Recommended Retail Price (RRP)
Any damaged equipment will be charged at the cost of repair, or replacement at RRP
4. Engagement & application of this document
Upon Your acceptance of the Event Proposal, You engage Us to supply the Equipment & the Services in accordance with the Event Proposal & the provisions of this Agreement. For the avoidance of doubt Event Proposals may be given & accepted by email or Post. This document & the Event Proposal comprise the entire agreement & understanding between the parties despite any prior correspondence, negotiations or discussions & cannot be varied by Your own terms & conditions.
5. Variation & additional services
The terms & conditions of this Agreement may be varied only by further written agreement of both parties. If You ask Us to:
(a) provide additional Services, we will provide them (subject to reasonable notice & availability) provided that You pay our then-current fee for the additional Services, as the case may be; or
(b) reduce the Equipment or Services that You require, then You are still liable to pay the full Fee in the Event Proposal. We may, at Our sole discretion, agree to reduce the Fee to take into account the reduced requirements.
6. Relationship of the parties & with other suppliers
The parties are independent contractors & neither party is the agent or partner of the other. The parties must not make any representation to the contrary. You agree the Event is your business venture & is at your risk. We make no representations about the success or otherwise of the Event. You have the sole responsibility to:
(a) enter into contracts with the Venue Operator & other suppliers to the Event; &
(b) co-ordinate the Venue Operator & various suppliers to the Event so that We are able to supply the Equipment or perform the Services in accordance with this Agreement.
7. Fees & Agreed Costs
(a) Unless otherwise agreed in writing:
(i) You must pay the Deposit to Us on the date You accept the Event Proposal.;
(ii) Payment of final invoice must be paid according to the terms outlined on the invoice.
(b) Payment terms may be revoked or amended at Our sole discretion immediately upon giving You written notice.
(c) The time for payment is of the essence.
(a) If You default in payment of the Fees, Agreed Costs or any other amount payable to Us by the due date, then all money which would become payable by You to Us at a later date on any account, becomes immediately due & payable without the requirement of any notice to You, & We may, without prejudice to any of our other accrued or contingent right :
(i) charge You interest on any sum due at a rate of 8%PA for the period from the due date until the date of payment in full;
(ii) charge You for, & You must indemnify Us from, all costs & expenses (including without limitation all legal costs & expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any Equipment;
(iii) terminate or suspend supply of any further Equipment or Services to You;
(iv) by written notice to You, terminate or suspend any other uncompleted contract with You.
9. Intellectual Property
Intellectual Property provided to You by Us remains Our exclusive property & must be returned Us on demand & must not be copied or communicated to any third party without Our express written consent. Nothing in this Agreement constitutes a transfer or licence of Intellectual Property, except as specified. You will own the Intellectual Property in any recordings or translations or other deliverables from the Services provided to you, and nothing in these terms and conditions entitles Us to any intellectual property rights in, or right to use, the recording or information learned as part of providing the Equipment and Services.
10. Venue access
(a) You must procure the right for Us to enter the Venue at all reasonable times to provide the Services, to install & remove Equipment at will, & to familiarise ourselves with the Venue before the Event.
(b) You are responsible for providing safe & proper access to & at the Venue.
(c) If You require any change to the time of delivery or removal of the Equipment, You must promptly notify Us in writing. We, in Our absolute discretion, may accept or reject such request. If We accept such request We may charge You for any additional fees or costs incurred by Us.
11. Our general obligations
We will supply the Equipment & Services specified in the Event Proposal. You agree that the Services may be affected by numerous variable factors that we are not liable for, including the acoustics of the Venue, electronic interference, atmospheric conditions, the acts or omissions of You, the Host, the Venue Operator or other suppliers & the acts or omissions of Guests & other persons.
12. Equipment Hire
If We just provide the Equipment to You for you to operate, You agree that:
(a) You have satisfied Yourself that the Equipment is in good condition, & is suitable for Your purposes;
(b) When You take possession of the Equipment, your staff must provide Us with identification & You must check to ensure that all items have been supplied as agreed & must sign an acknowledgement of that;
(c) You are responsible for using the Equipment in strict conformity with any directions by us & with the equipment's instructions or specifications (where applicable);
(d) You must provide us with such security (if any) as is specified in this Event Proposal or otherwise as by Us in writing;
(e) You must take care of the Equipment, keep it clean & secure & prevent it from being damaged, lost or destroyed & must return it in the same condition (fair wear & tear excepted) & that You are responsible for & bear the risk for all of the Equipment including damage to equipment caused by fire, water, storm, collision, accident, theft or burglary;
(f) You must prevent the Equipment from being stolen, unauthorised use, misuse, abuse, vandalism, exposed to weather or inappropriate environment & from use with incompatible technology;
(g) If, before You return the Equipment it is damaged, destroyed, stolen or lost, You must pay Us the replacement cost of the Equipment on a new for old basis;
(h) You must notify Us immediately if the Equipment malfunctions. If We agree that the Equipment is malfunctioning, We will replace it at no charge to You but without any additional liability to Us;
(i) You must use the Equipment only at the Event & must not give possession of the Equipment to anyone else, or purport to assign or license it to anyone;
(j) You must tell us where the Equipment is whenever We ask. You must not remove the Equipment from Australia;
(k) You must ensure that all operators of the Equipment are appropriately experienced & qualified;
(l) You must allow Us or Our contractors to inspect, repair or maintain the Equipment at all times;
13. Risk & Insurance
The risk in the Equipment & the provision of the Services & all insurance responsibility for theft, damage or otherwise will pass to You immediately on the Equipment or the Services being delivered to You or taken from Our premises. The Equipment is leased to You & the Services are provided to You the basis that You have obtained all necessary licenses or permits under all relevant laws & regulations in relation to the Equipment & the Services.
Consideration for a taxable supply under this Contract is shown exclusive of GST unless the contrary is clear. If consideration is reimbursement of a cost or liability, the consideration must be calculated after excluding any amount for which the supplier is entitled to an input tax credit.
15. Confidential Information
The parties agree to hold each other’s Confidential Information in confidence and not share it with any third party, except to the extent the information is already in the public domain (except for breach of these terms and conditions), is received from a third party without being subject to confidentiality provisions or was independently developed without reference to the confidential information. Your confidential information includes what was said in the meeting and this information in any subsequent form that it may take (for example, a recording or translation).
16. Health & safety
You must ensure, & warrant that the Venue is a fit & proper place for the provision of the Services, that the Venue & the Event comply with all applicable laws & that by performing the Services at the Venue & during the Event, Our employees & contractors will not be exposed to any risk or hazard to their health or safety.
17. Limitation of Our Liability
(a) Except as the Agreement specifically states, or as contained in any express warranty provided in relation to the Equipment or Services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Equipment or Service or any contractual remedy for their failure.
(b) If You are a consumer nothing in this Agreement restricts, limits or modifies Your rights or remedies against Us for failure of a statutory guarantee under the Australian Consumer Law.
(c) We are not liable for any indirect or consequential losses or expenses suffered by You 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.
(d) You acknowledge that You have the sole responsibility of satisfying Yourself that the Equipment or Services are suitable for Your use.
18. Release & Indemnity
You release Us from liability for & will indemnify Us in respect of all Claims (& all costs of defending them, including legal costs on a full indemnity basis) made by any person (including other suppliers & Guests) against Us as a direct or indirect consequence of the acts & omissions of You.
19. Client Cancellation
You may cancel the services at any time prior to the event by giving us written notice, whereupon we will give you a written notice specifying the amount payable to us under this clause. On cancellation of the services
(1) After delivery of equipment to you or to the venue for in-person and Hybrid events 100% of agreed proposal amount must be paid.
(2) Within 7 days of the start of your Virtual event: 100% of agreed proposal amount must be paid
(3) For all events cancelled prior to 7 Days for online or prior to delivery for in-person/Hybrid events all preparation costs and agreed costs which we have paid or which we will incur costs or to which we are contractually committed must be paid.
20. Variation & Cancellation
If we are unable to deliver or provide the Equipment or Services, then we may cancel your contract (even if it has been accepted) by written notice to you. If through circumstances beyond our control We are unable to provide the Equipment or Services, then We may:
(a) make changes to the Equipment provided that the end performance is not materially prejudiced; or
(b) cancel any contract (even if it has already been accepted) by notice in writing without any liability to you.
21. Termination & suspension
We may at terminate this Agreement or suspend the Services until the breach is fully rectified if You:
(a) fail to pay any monies when due, suffer an Insolvency Event or commit a breach of this Agreement (other than non-payment of money), which in Our reasonable opinion, cannot be rectified; or
(b) breach this Agreement (other than non-payment of money), which breach in Our reasonable opinion, can be rectified & which is not rectified within 7 days of the date of a written notice by Us specifying the breach & requiring its rectification,
22. Assignment, novation & sub-contracting
A party may assign or novate this Agreement to a third party with the consent of the other party, which consent must not be unreasonably withheld. We may engage subcontractors to perform the Services.
Expressions & clauses in this Agreement are severable & if found to be defective or unenforceable the remaining provisions are of full force & effect.
24. Applicable law
The law of the State in which the Equipment & Services are provided & the laws of Australia apply to this Agreement.