Terms and Conditions
Newlight Pty Ltd ABN: 44 150 078 372
STANDARD TERMS AND CONDITIONS OF “RENTAL SERVICES”, “RENT & OPERATE SERVICES” AND “OPERATOR SERVICES”
1. Nature of Your Agreement with Newlight
These terms and conditions constitute your agreement with Newlight Pty Ltd ABN 44 150 078 372 trading as Newlight. You are deemed to have accepted these terms and conditions if you enter into any agreement with Newlight that relates to the supply of goods or services following receipt of a price list, cost estimation, equipment reservation, invoice or any other Newlight document (“Document”) to which these terms and conditions refer or are attached. These terms and conditions may only be amended by a document executed by Newlight. These terms and conditions prevail to the extent of any inconsistency with the terms and conditions of any document issued by you (whether before or after the date of the agreement constituted by these terms and conditions). No document issued by
you imposes terms and conditions in addition to, or inconsistent with, these terms and conditions unless expressly agreed in writing by Newlight. This agreement is made in New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
2. Services
Newlight offers three services:
(a) the supply to private customers, organisations and business of audio, audiovisual, lighting, theming and conference-presentation equipment for rental ("Rental Services”)
(b) the supply of audio, audiovisual, lighting, theming and conference-presentation equipment and/or technical personnel to ("Rent and Operate Services"); and
(c) the supply of technical personnel to operate equipment owned or controlled by you ("Operator Services”)
These services are jointly the "Newlight Services". Except where otherwise specified, these terms and conditions apply equally to all Newlight Services.
3. Rights
The audio, audiovisual, lighting, theming and conference-presentation equipment supplied by Newlight (the "Equipment"), other than consumables (such as tape, paper, marker pens etc) that you may purchase from Newlight, remains at all times the property of Newlight. The Equipment is to be used only for the single purpose expressly made known to Newlight when you rented it. If the Equipment is used for another purpose, Newlight does not accept responsibility for any damage or loss caused by or to the Equipment being not fit for the purpose for which You used it and Newlight reserves the right to make such further changes as may be reasonable having regard to the nature of that purpose.
4. Inspection of Equipment - Rental Services
4.1 You agree that prior to use, you are satisfied that You understand the proper uses for which the Equipment is designed and the safe operation of such Equipment.
4.2 You acknowledge that you have not relied upon the skill or judgment of Newlight in entering into this contract.
5. Payment
5.1 You will pay the fee for the applicable Newlight Services at the rate and in the manner specified on a Newlight Document or the invoice (the "Fee") for the period that the Equipment is taken from the premises of Newlight until all of the Equipment is returned to Newlight or from the date that the Equipment is supplied by Newlight to you until the time that the Equipment is collected by Newlight. Fees are subject always to clauses 6 (Loss or Damage), 8 (Late Returns) and 11 (Compensation) as
applicable.
5.2 Any discounts offered are applicable to the rental of Newlight Equipment only. Discounts are not applicable to any Equipment procured by Newlight from an external supplier. Discounts are subject to timely payment of your Fee. If the entire Fee is not received within terms agreed upon by Newlight or as otherwise agreed, then the discount will cease and rental charges at the full rate will apply.
5.3 If a credit facility has not been established with Newlight, then full payment will be required prior to the commencement of the rental. Full payment can be made by credit card, cash, or company cheque.
6. Loss or Damage – Rental Services
6.1 You are at all times during the rental period solely responsible for the safekeeping, storage and handling of the Equipment.
6.2 You are liable to Newlight for negligent damage or loss of Equipment, however caused, during the period of rental, whether or not you own or control the premises at which the Equipment was used or stored. You agree to pay the full repair costs deemed necessary by Newlight unless, in the opinion of Newlight, the Equipment is unable to be repaired or repairs are more costly than replacement. In that case clause 11 (Compensation) will apply as if the Equipment had been stolen or lost.
6.3 The cost of repair or replacement, as the case may be, and any charges payable pursuant to this clause 6 (Loss or Damage) or clause 11 (Compensation) may be deducted from your security deposit and you will pay the excess to Newlight within 5 days of receipt of invoice.
6.4 You will also pay to Newlight a sum equal to the rental charges which Newlight could have obtained for the period during which the Equipment is unable to by used ("Lost Rental Fee"). Such charges apply from the date of commencement of the rental of the Equipment damaged or injured to the date of receipt by Newlight of payment of repair charges pursuant to clause 6.2 or replacement costs in accordance with clause 11(Compensation) and any incidental charges less any rental charges actually received by Newlight. This amount is payable within 5 days of receipt of invoice.
7. Breakdown – Rental Services
7.1 You will notify Newlight immediately upon becoming aware of any Equipment shortage or malfunction.
7.2 You will not interfere in any way with any part of the Equipment nor have any repairs effected by any person other than an employee of Newlight except with the permission of Newlight.
8. Late Returns – Rental Services
8. You agree to return the Equipment by no later than 10am (or to make available for collection by Newlight, as the case may be, by 7am) on the Return Date specified on your Newlight Document, unless otherwise agreed. If the Equipment is not returned on time, you will pay additional rental charges at the daily rate specified from the due date to the date when the Equipment is returned to, or collected by Newlight, subject always to clauses 6 (Loss or Damage) or 11 (Compensation) as applicable.
9. Recovery of Equipment
9. If you do not return the Equipment at the end of the term of rental, or if you fail to pay any rental charges within the terms of payment, You hereby irrevocably authorise Newlight or its representatives to enter the premises at which the Equipment is held, without notice, to retake possession of the Equipment. This authority is without prejudice to the rights of Newlight to recover from You any monies due hereunder for damages or breach.
10. Indemnity
10.1 You hereby fully indemnify and keep indemnified, Newlight its directors, employees and representatives in respect of all liability for personal injuries, property damages and any accident, loss or claim that may be caused by or contributed to by, or arise out of the use, operation or handling of the Equipment during the term of rental.
10.2 Newlight will be under no liability to you for any loss (including but not limited to loss) or damage to persons or property or death or injury caused by an act or omission by Newlight, its servants or agents, or any other person in any way related to or arising out of the supply or non-supply or performance of anything or any service provided for or contemplated by or in pursuance of this agreement (including negligent acts or omissions).
11. Compensation
11.1 If Equipment is stolen or lost (by any means whatsoever), whether or not you have been negligent, You will:
(a) immediately notify Newlight and the Police of the theft or loss; (b) pay to Newlight the cost of replacing the Equipment stolen or lost, subject to clause 11.2.
11.2 If Newlight is unable, after making reasonable enquiries in the trade around Australia, to purchase Equipment of an equivalent model, standard and condition to the stolen or lost Equipment or to purchase new equipment of the same make and model, then you will pay Newlight on demand the cost of purchasing new Equipment which most nearly equals the performance of, and is of similar quality and function to, the stolen or lost Equipment plus all incidental charges actually incurred by Newlight including the cost of altering the Equipment to fit peripheral equipment and to comply with standard protections.
12. Equipment leaving Australia
12.1 You will not take Equipment outside Australia without the prior written consent of Newlight.
12.2 You will use the Equipment in a careful and proper manner and permit only skilled and experienced personnel to use the Equipment and will not use the Equipment in connection with any dangerous or hazardous activity or where inadequate electrical supplies are available.
12.3 In the event that the departure or return of Equipment is delayed by reason of intervention of Customs or other Authorities of any country no allowance or credit will be given to you for or against rental charges.
13. Insurance & Damage Waiver Charge (“DWC”)
13 You are liable for all damage, loss or theft of the Equipment while it is in your possession. Newlight offers and reserves the right to charge as default, a Damage Waiver, covering accidental damage to Equipment. Damage waiver is charged at 8.5% of the rental rate. Damage Waiver is NOT insurance and does not cover loss or theft of Equipment.
14. Substitution
14 Newlight reserves the right to substitute suitable alternative Equipment to that reserved by you at any time prior to or during the period of rental.
15. Rent & Operate Services and Operator Services
15.1 The minimum call-out period for Newlight Operator services is 4 hours. Engagements for periods shorter than 4 hours will be charged for 4 hours.
15.2 Regular Rest Periods - Where you engage the services of Newlight personnel to set up and/or operate Equipment, the personnel must be permitted:
(a) a break of no less than 30 minutes for every 5 hours of service provided; and (b) No less than a 45 minute meal break at breakfast, lunch and dinner. However if the relevant statutory provisions are more favourable then those provisions will apply.
15.3 You will provide a safe working environment, and protective equipment when required, for Newlight personnel and will at all times observe all applicable statutory Occupational Health and Safety standards.
16. Using Non-Newlight Equipment
16. Newlight technical operators are skilled in the operation of Newlight equipment. Newlight cannot be held responsible for any breakdowns or incompatibilities of Equipment provided by you. No responsibility will be taken by Newlight for the security and/or safekeeping of any non-Newlight equipment, and Newlight will not be liable for any loss or damage, by any means.
17. Extra Equipment
17. Once Equipment has left Newlight premises, any additional equipment ordered by You or your servants, agents or representatives shall be charged as an additional item and is subject to an additional delivery charge, determined by geographical location.
18. Short-Notice Orders
18. Equipment and/or Services required at less than 4 hours notice will be subject to a short-notice fee of $100.00 or 10% of the total fee.
19. After-Hours Services
19. Equipment and/or Services ordered after 7pm and before 7am weekdays and on weekends and required to be delivered within that time will be subject to a Call Out fee of $100.00 or 10% of the total fee.
20. Cancellation
20.1 Any Equipment and/or Services cancelled upon or after collection from Newlight or delivery by Newlight will incur a charge of 100% of the Fee.
20.2 Any Equipment and/or Services cancelled up to 24 hours in advance of delivery or collection date will incur a charge of 50% of the Fee.
20.3 Any Equipment that has been procured from an external supplier by Newlight shall be charged at 100% of the Fee.
20.4 Any Operator Services cancelled within 24 hours of commencement of those services will incur a 4 hour callout Fee.
21. Newlight In-house Properties
21. All Newlight Terms and Conditions are applicable within such properties where Newlight is the contracted Inhouse supplier, and are executed in accordance with that property’s own terms, conditions and policies.
22. Miscellaneous
22. All conditions, warranties and representations on the part of Newlight, whether expressed or implied, statutory or otherwise, whether collateral, antecedent or otherwise are hereby expressly excluded to the extent permissible by law.