Secure your Screen IT Solutions LED Screen and Equipment TODAY!
Before we grab your dates and contact details for your exciting event, please take the time to read our Hire Agreement below before clicking the 'I Agree' button.
By clicking the 'I Agree' button, you agree to our Terms and you are acknowledging that you have read the hire agreement.
THE PARTIES BETWEEN:
ROBERT CLIVE and KYLIE ANNE MUNDAY TRADING AS
SCREEN IT SOLUTIONS A.B.N.
THE PERSON/S MAKING THE HIRE
THE PARTIES AGREE AS FOLLOWS:
- OWNERSHIP, HIRE & DELIVERY VEHICLE (as described in the Schedule)
1.1 The Company has title to the Vehicle and the Company has agreed to hire the Vehicle to the Hirer and the Hirer has agreed to hire the Vehicle from the Company as of the Hire Date on these terms.
1.2 The Company’s title to the Vehicle as at the date of this agreement is not and will not be affected in any way by the terms of this agreement notwithstanding the Hirer’s taking possession and/or control of the Vehicle, the Hirer’s management and/or use of the Vehicle subject only to the Hirer’s rights as mere Bailee of the Vehicle with the right only to use them according to the terms of this agreement.
1.3 The parties acknowledge that the Vehicle are being hired to the Hirer for the Purpose.
1.4 The hire of the Vehicle will be for the period commencing on the Hire Date and ending on the Expiry Date.
1.5 The Company represents and warrants that as at the Hire Date:-
1.5.1 The Vehicle is in good repair and working order;
1.5.2 it is not aware of any defect in the design, materials or workmanship of the Vehicle.
1.6 Subject to the Hirer duly and punctually paying the hire rate and observing and performing its obligations as set out in this agreement, the Hirer will peaceably possess and enjoy the Vehicle from the Hire Date to and including the Expiry Date without interruption or disturbance from the Company or any other person lawfully claiming by or from or under the Company, subject always to the rights of the Company.
1.7 If the Company believes the weather conditions are too severe on the day of hiring, the Company will reserve all rights as to whether the Hirer is entitled to take possession of the Vehicle.
2.1 The Hirer will pay the Company the hire rate as required by the Company prior to taking possession of the Vehicle.
2.2 The Hirer will incur and pay to the Company interest as set out as the Default Interest Rate on:-
(a) All money due but unpaid by the Hirer under this agreement from the due date of payment to the Company; and
(b) All money paid by the Company in or in connection with the exercise or enforcement of its rights under this agreement from the date of such payment by the Company to the date of payment to the Company.
When arrears are paid, the default interest accrued to that date will be included in any such payment.
2.3 All money payable by the Hirer under this agreement will be made free and clear of any and all deductions, set offs or counter-claims.
2.4 All money payable by the Hirer under this agreement will be paid as nominated by the Company as the Company may direct in writing.
2.5 The Hirer’s obligation to pay the hire rate and all other money payable under this agreement and the Company’s rights in and to all such payments are absolute and unconditional and are not affected by:-
(a) any defect in the Vehicle;
(b) the condition, operation or fitness for use of the Vehicle;
(c) any damage to or loss of the Vehicle;
(d) any lien or other encumbrance over or in respect of the Vehicle;
(e) any defect in the Company’s title to the Vehicle;
(f) any interruption of or prohibition or other restriction against the Company’s possession, use or operation of the Vehicle for any reason whatsoever.
- STORAGE, USE AND MAINTENANCE OF VEHICLE
3.1 The Hirer will store, use and maintain the Vehicle with all due care and diligence and in compliance with the instructions and recommendations of the supplier and/or manufacturer as to storage, use and maintenance.
3.2 The Hirer will, at its own expense, keep and maintain the Vehicle in proper working order and condition.
3.3 Subject to this agreement, the Hirer will not, without the consent of the Company, make such addition, replacement or alteration to the Vehicle whilst in their possession.
3.4 The Hirer undertakes that should there be an improper use of the equipment located within the Vehicle, then the Hirer will reimburse the company for the cost of the replacement.
- HIRER’S UNDERTAKINGS
4.1 The Hirer undertakes:-
(a) to make the Vehicle available for inspection and testing by the Company or by a person authorised by the Company on reasonable notice given by the Company;
(b) not to do or cause to suffer to be done any act, matter or thing which is likely to endanger the safety or condition of the Vehicle;
(c) to ensure that the Vehicle will be and will remain at all times under the Hirer’s control and in no case will they be removed from the State/Territory in which the Premises are situated without the prior written consent of the Company;
(d) to comply with all relevant laws, by-laws, regulations and rules governing or relating to the registration or licensing of the Vehicle or which in any way govern or relate to the Vehicle or their use;
(e) to pay to the Company on demand all money which the Company has paid to make good any failure by the Hirer to comply with any obligation under this agreement or any other obligation incurred by the Hirer in respect of the Vehicle;
(f) to pay to the Company all other reasonable costs and expenses including without limitation legal costs and expenses that the Company may incur in the enforcement or protection or attempted enforcement or protection of the Company’s rights under this agreement or in the Vehicle including without limitation money paid by the Company in releasing any lien or other encumbrance claimed over the Vehicle, in dismantling and removing the Vehicle from any premises and in any repair or renovation to any such premises together with interest in accordance with Clause 2.3;
(g) to promptly give notice to the Company of the occurrence of any Event of default or any event which, with the passing of time or giving of notice or both, might constitute an Event of default.
(h) not to carry out any repairs whatsoever or take the vehicle to any person or business to carry out any repairs whatsoever without the prior consent of the company.
(i) to follow all steps located within the safety management plan located within the Vehicle operation handbook.
(j) that any monetary fine incurred by the hirer whilst in charge/in possession of the Vehicle will be the responsibility of the Hirer.
(k) to reimburse the company for the full costs of a replacement Vehicle and/or equipment in the event that the Vehicle and/or equipment are stolen.
(l) The hirer is required to follow laws and regulations as to the placement of the trailer and screen if positioning is on public lands or roads. Approved locations are available on the Screen It Solutions website (www.screenitsolutions.com.au). I f you desire a location other than an approved location it is the responsibility of the hirer to obtain the appropriate permission from the Department of Transport and local governing bodies.
- HIRER’S ACKNOWLEDGEMENTS AS TO VEHICLE
5.1 The Hirer acknowledges that in deciding to enter into this agreement the Hirer has not relied in any way on the skill or judgement of the Company and the Hirer has satisfied itself as to the condition and suitability of the Vehicle and their fitness for the Purpose. The Hirer has prior to entering into this agreement and will, prior to the acceptance of the Vehicle by the Hirer, have examined the Vehicle and satisfied itself as to their compliance with the specifications, if any, in the Schedule as well as their condition, suitability, fitness for purpose and the validity of the warranties of the supplier and/or manufacturer.
5.2 Subject to Clause 5.3, and save and except for any other express representations and warranties contained in this agreement all conditions, warranties express or implied, whether arising by statute or otherwise as to the condition, suitability, quality, fitness for any purpose or safety of or title to the Vehicle are excluded to the full extent permitted by law and the Company gives no such condition or warranty and the Hirer acknowledges that the Company has not given any such condition or warranty.
5.3 Nothing in this agreement is intended to exclude, restrict or modify rights which the Hirer may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
- THIRD PARTY INTERESTS
6.1 The Hirer will not and will not attempt to assign, mortgage, charge, encumber, sublet, pledge, sell, part with possession of or grant any lien, licence or other encumbrance over or otherwise deal with or dispose of or allow to exist any lien or other encumbrance over the Vehicle or any part of them or any of the rights of the Hirer to the Vehicle or any part of them or any of the rights of the Hirer under this agreement and will keep the Vehicle free from any distress, execution or other legal process.
6.2 The Hirer will notify the Company of the existence of the prohibition on the creation of liens or any similar interest whether by way of pledge or otherwise in or over the Vehicle and will notify any person seizing the Vehicle or any part of them of the prohibition contained in Clause 6.1.
- RESERVATION OF TITLE
7.1 The Hirer accepts that the Company’s remain the owner of all Vehicle hired to them, even though the Vehicle have been installed in or affixed to another Vehicle.
7.2 To protect the Company’s security interest in the Vehicle they may choose to register this application under the Personal Properties Securities Act 2009 (PPSA). The Hirer agrees to do all things necessary to facilitate such registration.
7.3 In the event the Vehicle and/or equipment are taken into police possession, then the costs incurred by the company to retrieve the items will be become the responsibility of the Hirer.
7.4 This application constitutes a security agreement under the PPSA and its registration in the Personal Properties Security Register perfects the Company’s security interest in all Vehicle hired to you by us subsequent to the signing of this application or the proceeds of those Vehicle as well as in any negotiable instrument representing such proceeds.
7.5 You waive your rights in terms of section 157(3) of the PPSA to receive a verification statement.
- RISK AND INSURANCE
8.1 The Hirer will assume all risks and liabilities for and in respect of the Vehicle and for injuries to or death of persons and damage to property arising from the possession, storage, use, maintenance or repair of the Vehicle, subject to Clause 6.4.
8.2 Notwithstanding whether or not the Hirer has effected insurance in respect of the matters set out in Clause 8.1, the Hirer indemnifies the Company against the loss of or damage to the Vehicle whether by accident, fire, theft, seizure, confiscation or otherwise and will indemnify the Company and hold the Company harmless from all other losses, damages, claims, penalties, liabilities and expenses including legal costs howsoever arising incurred as a result of or in connection with the Vehicle or the possession, storage, use, maintenance or repair of the Vehicle or the seizure or the taking possession of the Vehicle by the Company.
8.3 The Hirer will not do any act or thing which might in any way invalidate or prejudice any insurance taken out in accordance with this agreement or the Company’s interest in any such insurance.
8.4 The Hirer will notify the Company forthwith in writing of any event in relation to the Vehicle or their use which leads or which might lead to a claim for compensation or a claim under any insurance policy, and the Hirer will comply with the instructions of the Company in connection with any such claim.
- STAMP DUTY AND TAXES
9.1 The Hirer will reimburse the Company on demand all stamp duty which may be imposed, charged or payable on or in respect of this agreement or in respect of payment of rent under this agreement.
9.2 The Hirer undertakes to pay the Company on demand the amount of any liability which the Company may incur under the Vehicle and Services Tax Act 1999, Income Tax Assessment Act 1936 (Cth) or Commonwealth sales tax legislation by reason of the use of the Vehicle by the Hirer for any purpose other than that stated by the Hirer to the Company.
- GENERAL PROVISIONS
10.1 (Law and Jurisdiction) This agreement is governed by and is to be construed according to the laws of Queensland and the parties agree to submit to the jurisdiction of the Courts and tribunals of that State/Territory.
10.2 (Relationship) Nothing in this agreement constitutes or will be deemed to constitute a partnership, joint venture, trust or agency between the parties.
10.3 (Entire Agreement) The parties agree that this agreement constitutes the entire agreement between the parties and any prior arrangements, agreements or representations are superseded on execution of this agreement.
10.4 (Common law rights) The parties reserve their common law rights in relation to this agreement.
10.5 (Invalidity) If any provision of this agreement is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from the agreement and the remaining provisions will remain in full force and effect.
10.6 (Waiver) No waiver of any right or remedy will be effective unless in writing and will not operate as a waiver of that right or remedy or any other right or remedy on a future occasion.
10.7 (Implied Terms) Any implied term under law that can be excluded is hereby expressly excluded and no term is to be implied as being a term of this agreement unless by law it cannot be excluded.
10.8 (Statement) A statement in writing signed by any person who is for the time being a manager, secretary or other officer of the Company stating the amount or any amount due from the Hirer under this agreement will be conclusive evidence of the amount so due.
10.9 (Assignment) This agreement may not be assigned by either party without the prior written consent of the other party.
10.10 (Assurances) Each party must do all things and execute all further documents necessary to give effect to this Agreement and refrain from doing anything that might hinder the performance of this Agreement.
Screen It Solutions offer:
- Cost effective kerbside advertising packages for businesses and those looking to get in front of high volumes of traffic.
- Event advertising and announcement displays for events within in the Central Queensland area. The transportable LED screens are suitable for both day and night applications.
- Wholesale LED Screen Sales direct to the public, businesses and community groups.
Phone: 0456 300 540
COVERING CENTRAL QUEENSLAND