1. Definitions
1. Throughout this document "the Company" means Enchant Entertainment, and "the Customer" means the person or organisation renting the equipment and/or services from the Company.
2. Rental Period
1. The rental period is from the time the equipment is dispatched from the Company’s premises until the time it is returned to the Company’s premises.
2. Rental commences at 12 Noon on the specified date of despatch and continues until 10AM on the specified date of return.
3. Unless previously agreed, no allowance can be made for time when the equipment is not in use during the rental period.
3. Equipment
1. The equipment rented is agreed to be as stated on the rental agreement, supplied in good order and condition.
2. All luminaires are supplied complete with colour frames and hook clamps unless otherwise noted on the rental agreement.
3. The Company does not warrant that the capacity and/or performance of the equipment supplied is fit for any particular purpose intended by the Customer.
4. While every endeavour will be made to supply equipment as ordered, the Company reserves the right to substitute other designs where necessary.
4. Non Supply
1. The Company will endeavour to supply equipment as ordered but cannot accept responsibility for delayed or non-delivery, or inability to supply when required.
5. Loss or Damage
1. The Customer accepts full responsibility for loss or damage, howsoever caused, from the time the equipment is delivered from the Company’s vehicle or premises to the Customer or other carrier, until it is returned to the Company’s vehicle or premises. If any of the rented equipment is damaged or destroyed it must nevertheless be returned to the Company. The full cost to repair or replace any damaged equipment will be charged to the Customer’s account.
2. The Customer acknowledges that the rental equipment is NOT INSURED and that insurance is the responsibility of the Customer.
6. Proper Use and Inspections
1. The Customer must only use the equipment for the purpose, and within the capacity limits, for which it has been designed.
2. The Customer must not attempt to repair or modify the equipment.
3. Under no circumstances are plugs, sockets or other connectors on the equipment to be removed by the Customer.
4. The Company reserves the right to inspect the equipment at any time.
7. Faulty Equipment
1. If the Customer considers any of the equipment to be faulty as supplied the Customer must to notify the Company immediately. The rental of the faulty equipment will cease from the time such notification is received if the equipment is found to be faulty by the Company.
8. Return of Equipment
1. On termination of the rental, the Customer must deliver the equipment, complete with all accessories, clean and in good order as supplied, to the Company.
2. Any equipment or part thereof not returned to the Company by the due date will be charged to the Customer’s account at full replacement cost.
3. Any work that is required to repair damage sustained by the equipment during the rental period will be charged to the Customer’s account in full.
4. The Customer grants permission to the Company to enter their premises to collect the Company's equipment. Prior notice will be given by the Company when collection is to take place.
9. Delivery, Packing and Containers
1. Rental charges are ex the Company’s premises. Any delivery charges incurred by the Company on the Customer’s behalf will be charged to the Customer.
2. All equipment is suitably packed where necessary. The Customer must use the same packing and containers when returning the equipment.
3. Any packing or containers not returned by the Customer will be charged to the Customer’s account at full replacement cost.
10. Bookings
1. A non refundable deposit of 50% is required to secure the booking.
2. Full payment is required no later than 7 days before the hire date.
3. A photo ID of the person responsible for the equipment during the hire duration is required to be presented and a copy will be taken.
11. Cancellation and Variations
1. Cancellation fee of 50% of the contract price.
2. No variation of an order will result in a reduction of the contract price by more than 10%. Where the Customer seeks to vary an order so that the original contract price would reduce by more than 10%, the Customer agrees to pay 90% of the original contract price regardless of the variation requested, before the goods are dispatched.
12. Payment
1. The rental charges, including GST and freight, are as stated on the rental agreement.
2. Additional rental charges for the overdue period will be made at the rate stated on the rental agreement for equipment returned after 10AM on the due date.
3. All rental charges are payable in full, together with any deposit required by the Company, on or before delivery to the Customer.
4. The terms, within which each invoice is due for payment, are shown on the invoice and will be C.O.D., 7 days following the invoice date, depending upon credit arrangements agreed between the Company and the Customer.
5. Where the Customer operates a credit account with the Company, the Customer undertakers to pay the account in full on or before the due date. If the Customer defaults the Company will charge the Customer penalties and interest in accord with section 13 below.
6. In any event where the Company receives a cheque or other promissory note as payment from the Customer, such payment will be deemed made only after the cheque or other promissory note has been honoured by bank clearance and the funds are made available to the Company.
13. Termination
1. If default exceeding seven days occurs on any payment due for the rental, of if there is any other breach of these terms and conditions, then the Company reserves the right to terminate the rental period forthwith. In the event of such termination the Company will be entitled to take any steps necessary to recover possession of the equipment (see 8.4), without prejudice to the rights of the Company to recover all monies due for the rental, repair, and transport of the equipment.
14. Property Rights
1. All equipment remains the absolute property of the Company. The Customer undertakes to keep the equipment in his own possession and control, free from all liens, charges, encumbrances and any other interest whatsoever.
15. Default
1. In the event that the Customer defaults on the payment of any monies to the Company, the Customer agrees:
1. To pay the Company interest at a rate of 2% per month, compounding, on the full amount of the invoice until the invoice is paid in full and;
2. To pay, on a full indemnity basis, all debt collection costs, repossession costs, damages, fees and expenses including legal costs incurred by the Company in recovering the amount outstanding.
16. Owners Liabilities
1. The Company undertakes no liabilities whatsoever in respect of third party and similar risks or for personal injury or consequential damage of any kind.
2. The Company will not be liable for any delays, accidents, loss or damage of any kind that may arise directly, indirectly or consequentially through defects or breakdowns of the equipment rented, including (but without limitation) loss of profits, business, revenue or goodwill. This exclusion of liability applies to liability in contract and/or in tort, including negligence.
17. Acceptance
1. Notwithstanding that the Customer may not have signed the rental agreement, the acceptance by the Customer of any goods on rental from the Company will in itself constitute an acceptance of these terms and conditions and of the charges as stated on the rental agreement form.
18. Spare Lamps / Blown Bulbs
1. Spare lamps are only supplied on request and must be paid for in full on delivery. Credit for unused lamps will only be considered if the Company’s seal is still intact.
2. Charge out on any blown or damaged lamps is at the sole discretion of the Company.
