Terms & Conditions
Additional hire charges means any additional charges incurred by You, including but not limited to:
(a) Using the Studio outside of the Studio's usual business hours.
(b) In relation to the Studio, the 3 Phase Power is metered and charged at $25 per hour of use;
(c) In relation to the Studio, any food or drinks consumed charged at the advertised rates;
(d) In relation to Equipment, any consumables used with the Equipment but not replaced by You at the expiry of the Hire Period, including modelling lamps, batteries, globes;
(e) In relation to Equipment, that is not returned to us by the expiry of the Hire Period, the daily rates for Equipment in the pricelist until the Equipment is returned to US;
(f) Any additional Equipment or an extension of the Hire Period requested by You after the Order was placed but before You take possession of the Studio or Equipment; and
(g) Any cleaning charge under clause 9(i).
Equipment means the equipment included and its accessories in the Order and any amendments made to the Equipment up until the time You take possession of the Equipment. Our records of Your acceptance of the Equipment is evidence of that Equipment being part of the Order. Transit time is considered part of the Hire Period.
RISK PAYMENT means 15% of the Hire Price.
hire period means the named period in the Order.
a) In relation to the studio, day rates for advertising and editorial are based on a 9 hour day, for film, day rates are based on a 10 hour day.
b) In relation to equipment, a day hire is 24 hour period from the time equipment leaves the premises (applies Monday- Thursday only, Friday rentals are due 6:30pm). Weekend hire is the period between 3pm on a Friday afternoon and 9am Monday. A week is a seven day period, termination occurring at the same time and day of the second week.
hire price means the estimated price in the Order, and the Additional Hire Charges.
Studio means the studio or portion of available for hire at Unit 1a 81 Centennial Cct, Byron Bay NSW.
US and WE, means Studio Tropico.
YOU means the person named as the client (usually the photographer) in the Order, whether the Order was ordered by You, Your agent or Your third party commissioning client. The contracting party is the responsible person hiring of the Equipment or Studio.
(a) These terms and conditions (Terms) form the agreement under which You hire Equipment or the Studio from Us, by either telephone, in person, email or fax (Order).
(b) If an Order is placed by Your agent, assistant or via Your third party commissioning client, it is deemed that they have the authority to bind You to the Order and these Terms, if You do not reject the Order We send to You.
(c) Each Order and Invoice forms part of these Terms.
(d) You accept these Terms when You accept the Order.
(e) You accept an Order by:
(i) Replying confirming the Order;
(ii) You not withdrawing the Order; or
(iii) You taking possession of the Equipment or the Studio.
(f) In accepting an Order You warrant that You have been issued with a current copy of these Terms and have read and agree to be bound by them.
(g) These Terms are governed by and interpreted in accordance with the laws of New South Wales, Australia.
(h) These Terms may not be varied except in writing and signed by authorised personnel of both parties.
(a) The quote or invoice will reflect the price of hire based on the Hire Period and the Hire Price and the Equipment or Studio hired. If You extend the Hire Period or change Equipment or Studio, You will be charged the Additional Hire Charges.
(b) Unless otherwise stated, all prices contained in a quote or invoice are INCLUSIVE of delivery charges, GST and any other charges.
(c) Quotes are valid for fourteen (14) days from the date of Order.
(d) All prices are quoted in Australian Dollars.
(a) You will be charged the daily charge rate in the price list and the Risk Payment, if applicable, as per the Order from the commencement of the Hire Period (being the day You take possession of the Equipment or the Studio) until the day the Equipment is returned or the Studio is vacated by You.
(b) If You fail to return the Equipment by the due date and time, the hire charge payable will be the daily hire charge for the Equipment concerned, for each overdue day. Where return of Equipment is booked with a third party delivery provider, You will also be charged any Additional Hire Charges for failure to return Equipment by the due date and time.
(c) If you fail to return Equipment 24 hours after the expiry of the Hire Period, without prior written arrangement with us the Equipment will be considered stolen and the Police notified immediately. The Additional Hire Charges will continue until all Equipment is returned.
(d) If You have ordered:
(i) via the website, or You are a New Customer, immediately before the Hire Period commences We will issue You with a valid tax invoice corresponding to Your Order and any Additional Hire Charges incurred; or
(ii) via fax, email, telephone or in person and You are an account customer, You will receive a valid tax invoice within 7 days of the commencement of the Hire Period which corresponds to Your Order and any Additional Hire Charges incurred,
(e) If You have ordered:
(i) via the webpage, or You are a New Customer each Invoice must be paid between the issue of the Order and the commencement of the Hire Period in full; or
(ii) via fax, email, telephone or in person and You are an account customer, Your Invoice must be paid in full within 14 days of the issue of the Invoice,
(Payment Date), unless We have approved a Payment Date Extension under clause 5.
(f) If You order via the website or You are a new customer and You fail to make full payment of the Invoice by the Payment Date, You will not be able to take possession of the Equipment or the use the Studio.
(g) Any Additional Hire Charges incurred after You have taken possession of the Equipment or the Studio will be invoiced to You, and if You ordered,
(i) via the website or You are a New Customer You will pay these Additional Hire Charges immediately on return of the Equipment to Us or when You vacate the Studio; or
(ii) via fax, email, telephone or in person and You are an account customer, You will be issued with a further invoice for the Additional Hire Charges which is payable within 14 days of the issue of the invoice.
(a) You must provide Us with identification (driver\'s licence or passport) and an authorised credit card at either the time of the Order or at the time of taking possession of the Equipment or Studio.
(b) The credit card is used by Us as security for any Additional Hire Charges not paid immediately on the return of the Equipment or Studio, and for any loss or damage to the Equipment or Studio under clause 11.
(c) If You have not paid Us for Additional Hire Charges or pursuant to clause 11, You irrevocably authorise Us to debit the amount outstanding from Your credit card.
7. RISK AND INSURANCE
(a) The Risk Payment, if We accept as part of the Order payment, must be paid in full before the Hire Period commences. The Risk Payment covers for loss or damage during the Hire Period, including if caused by wear and tear.
(b) We insure the Equipment and Studio for certain risks. To the extent that Our insurance covers the type of loss or damage incurred while the Equipment or Studio is in Your possession AND We have accepted as part of the Order payment a Risk Payment, Your liability for the loss or damage to the Equipment or Studio, for insured risks, is limited to the payment of the excess levied on Us to claim on Our insurance policy.
(c) If no loss or damage occurs during the Hire Period, the Risk Payment is not refunded to You.
(d) Our insurance does not cover the following:
(i) Intentional damage or loss;
(ii) Gross negligence or wilful damage;
(iii) Damage caused by electrical currents;
(iv) Damage caused by domestic or wild animals
(v) Theft or unattended unlocked vehicle or studio or Site; or
(vi)Not using the Equipment or Studio in accordance with Our directions or directions of the manufacturer of Equipment.
This list is not limited, and is subject to Our insurer and Our insurance policy.
8. PROPERTY AND EQUIPMENT
(a) The Equipment or Studio remain the absolute property of Us.
(b) In relation to Equipment, the risk passes to You:
(i) On collection of the Equipment from Us and comes into Your possession, including if you have nominated a third party to collect the Equipment from Us, including Your agent, assistant, client or third party courier or logistics supplier; or
(ii) if You nominate a site (Site) for delivery and We deliver to that Site, even if You are not at the Site at the time of delivery.
(c) You are not permitted to bail, create any charge, encumbrance, lien or security over the Equipment.
(d) On expiry of the Hire Period or if these Terms have been terminated, You must return the Equipment immediately, in the same condition as the Equipment were delivered to You, excluding reasonable fair wear and tear.
(e) Risk and possession of the Equipment does not pass us until We accept receipt of the Equipment.
(f) You must return all accessories, manuals, remote controls, peripherals and software to Us with the Equipment. Failure to do so will result in You being charged the reasonable costs for Us to replace the missing Equipment or participants.
(g) Delivery is at the time and date the Equipment leaves Our premises notwithstanding any provision for transportation of the Equipment by to You.
(h) All freight costs payable are by You.
9. USE OF THE EQUIPMENT AND YOUR OBLIGATIONS
(a) You must use and maintain the Equipment in accordance with the manufacturer\'s instructions.
(b) You must not modify the Equipment without Our consent.
(c) Equipment has a list of accessories included in the hire package. These may include, but are not limited to, batteries, battery chargers, lens hoods, filters, cables, bags, cleaning equipment and lens caps.
(d) You must check the Order and actual Equipment carefully as Equipment not returned as per the Order will be deemed lost, and You will be charged for the replacement of that Equipment.
(e) We recommend You check the completeness and correct functioning of Equipment including testing of all cameras and takes adequate reserves of all essential items.
(f) Consumables for some Equipment will be supplied for Your convenience, however when consumed You either need to replace them or You will be charged an Additional Hire Charge. Please check with Our representative which products if any on Your rental list is classified as a consumable.
(g) All lighting Equipment is supplied with spare bulbs. All spare bulbs and any failed original bulbs fitted to the Equipment must be returned with all items of Equipment at the end of the Hire Period. Failure to comply with this requirement will result in the cost of each bulb being added as an Additional Hire Charge.
(h) Flash packs must never be connected to a petrol generator without using a Pro-gas regulator. Un-protected packs are liable to explode and incur very substantial repair or replacement costs. Anyone doing this will be liable for all damage, repair or replacement costs.
(i) At the end of the Hire Period and before returning the Equipment to Us, You must properly clean the Equipment. Failure to do so will result in a cleaning charge to be paid by the Hirer.
(j) We are not liable for any cost, consequential or otherwise, for any delay in transit causing late arrival of any Equipment to You.
(k) In the event of a breakdown or failure of the Equipment You must contact Us and return the Equipment to Our premises. Under no circumstances should You attempt to repair the Equipment without Our express consent. If a breakdown or failure is caused by reasonable wear and tear and not by Your negligence or misuse or any other reason whatsoever, then the Hire Period will be determined upon return of the Equipment to Us.
(l) We assume that You have sufficient skills to operate the Equipment correctly. We will endeavour to supply instructional literature when requested, however this cannot be guaranteed. It is Your responsibility to ensure the Equipment being rented is suitable for the purpose intended.
(m) You are prohibited from:
(i) taking any of the Equipment out of Australia without Our prior written consent;
(ii) used the Equipment on any abnormal or hazardous assignments;
(iii) transport or use in helicopters or light aircraft without Our prior written consent; or
(iv) use the Equipment in areas where it could be affected by salt water or atmospheric corrosion.
(a) We are not responsible for any lost, damaged or stolen property of Yours from the Studio.
(b) In hiring the Studio, You must remove from the Studio all items, including props, sets, products and clothing at the expiry of the Hire Period. Any storage of the same will be charged to You.
(c) In hiring the Studio, You are prohibited from bringing in and using third party hire lights and equipment in the Studio.
11. YOUR LIABILITY
(a) You are responsible for the care, safety, maintenance and repair of the Equipment or Studio, whether mechanical, electrical or otherwise and however incurred during the Hire Period, whether or not whilst Your possession and whether by negligence, wilful misconduct or any other cause.
(b) You are responsible for any damage, loss or replacement whatsoever during the Hire Period.
(c) You must notify Us immediately of any repairs, damage or loss relating to the Equipment or Studio.
(d) You indemnify Us against any claims, demand and costs resulting for any negligence or misconduct whatsoever which may arise from the use of the Equipment or Studio by the Your representatives, agents or employees or any other person.
(e) If You fail to perform any part of these Terms or commit any breach of Your obligations in any way whatsoever You indemnify Us to the extent to which You are liable against all losses, damages, costs or otherwise which may be incurred or suffered by Us by reason of any default or breach on the part of You in performing and observing these Terms and further the person signing these Terms guarantees to Us the due performance and observance by You of all and each of the provisions covenants warranties and obligations of You.
(f) You must provide any assistance and information and make any arrangements for Us that are reasonably necessary for Us to perform Our obligations under these Terms including providing access to the Site on the dates as agreed to by both parties.
12. OUR OBLIGATIONS AND LIABILITY
(a) Any performance characteristics or specifications given are provided by the manufacturers of the Equipment and We are under no liability for damages for the Equipment failing to attain those characteristics or specifications. Any written guarantee is subject to the recognized tolerances as applicable to such Equipment and their specifications.
(b) We are not liable for any damage to the Equipment or Your property caused during the delivery or installation of the Equipment, where such damage is caused at the Site. We will however take all due care when visiting the Site.
(c) We are not liable to You for any loss, damage, injury or loss of life arising out of, or incidental to, the provision of the Equipment or access to the Studio regardless of whether or not such loss or damage is caused or contributed to by any default, omission or negligent act on Our part, or Our servants or agents.
(d) We are not under any liability to You if We are unable to provide the Equipment or Studio either at all or in part to You by reason of fire, accident, theft, loss, flood, storm, tempest, earthquake, strike, industrial dispute, war, hostilities, riot, Act of God or any Government act or regulation (whether Commonwealth, State, or Local) or any cause beyond Our reasonable control.
(e) In no event are We liable for special, indirect, incidental, consequential or punitive damages, or losses of any nature (including costs or expenses), lost profits, opportunity costs, or failure to realise anticipated savings.
(f) Our liability for Equipment supplied by Us is limited to making good any defects by repairing the same or at Our sole option by replacement provided that:-
(i) defects have arisen solely from faulty materials or workmanship;
(ii) the Equipment has not received maltreatment, inattention or interference;
(iii) accessories of any kind used by You are manufactured or approved by Us; and
(iv) the defective parts are promptly returned free of cost to Us or made available for inspection by Us.
(g) Where the Equipment is not manufactured by Us, the guarantee of the manufacturer (if any) must be accepted by You and is the only guarantee given to You in respect of the Equipment.
Both parties will comply with all relevant Occupational Health, Safety and Rehabilitation legislation, regulations, rules, standards and codes of practice during the delivery and use of the Equipment or the Studios.
(a) Subject to subclause (b) below, an Order or part of an Order may be cancelled by providing written notice to Us, unless otherwise agreed by both parties in writing. For the avoidance of doubt, the termination of a particular Order will not operate to terminate any other Orders or these Terms and any sums due to a party under subclause (c) will immediately become payable.
(b) If You cancel any Order, or part of an Order, You agree to indemnify Us against Our reasonable losses in connection with the cancellation of the Order (or part of an Order, as the case may be). Our genuine preestimated loss includes:
(i) In relation to Studio hire cancelled between 48 hours and 36 hours prior to the Hire Period: 50% of the Hire Price;
(ii) In relation to the Studio hire cancelled within less than 36 hours prior notice: 100% of the Hire Price;
(iii) In relation to Equipment hire cancelled between 48 hours and 36 hours prior to the Hire Period: 50% of the Hire Price; and
(iv) In relation to the Equipment hire cancelled within less than 36 hours prior notice: 100% of the Hire Price;
15. TERM AND TERMINATION
(a) We may elect to terminate the Agreement with You by notice in writing to You, if any of the following events occurs:
(i) You commit a breach of any of these Terms and fail to remedy the same within thirty (30) days of being required to do so by written notice; or
(ii) You suffer an event of insolvency as defined by the Corporations Act; or
(iii) a trustee in bankruptcy is appointed to You and Your assets.
(b) Termination will not affect the parties\' rights and obligations prior to the date of termination and, notwithstanding any such termination, each party will remain fully responsible and liable for all charges, expenses and costs incurred or earned as at the date of termination.
(c) Termination will not affect any clauses of these Terms which by their nature are designed to survive or operate in the event of the termination, and will not prejudice the rights of either party in respect of any breach prior to termination.
(d) We may (without prejudice to any of its other rights) without previous notice to You retake and resume possession of the Equipment which remains the property of Us and by Our servants and agents may enter upon Your premises or any other place where the Equipment may be upon the occurrence of any one or more of the following events.
(i) Where You are a corporation, You go into liquidation or have an official manager or receiver appointed or petition for a winding up made to the court;
(ii) Where You are a natural person You become insolvent or bankrupt or commits an act of bankruptcy or makes an assignment for the benefit of a creditor;
(iii) You fail to pay the whole or any part of the Hire Price for the hire or any other charges for the Equipment or Studio or for any other equipment or services supplied to You by Us when due;
(iv) You part with possession of the Equipment; or
(v) You breach any other term of this Agreement.
(e) You must pay to Us any costs incurred by Us following termination on removal of the Equipment or the re-delivery to the Owner, or any damage done to the Studio or removal of equipment that has not been Hired from the Studio.
(f) You irrevocably appoints Us (and as We are a company, You appoint each director, manager and secretary attorney or agent for the time being of Us severally and every receiver of Us severally) Your attorney for the purpose of doing all acts and things which under these Terms are to be done by You or which We are authorised or empowered to do so as to give effect to these Terms.