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(a) Company means Videocraft Australia Pty Ltd (ACN 065 480 579) of 148 Highbury Road, Burwood, 3125 , Victoria or Videocraft.Equipment Pty Ltd (ACN 097 262 176) of 5 & 6/18-20 Hotham Parade,Artarmon, 2064, NSW as the case may be or any related body corporate of either of those two entities.
(b) Customer means the person hiring/purchasing (as the case may be) the Equipment from the Company, including all persons acting on behalf of or under the instructions of the Customer.
(c) Equipment means the equipment listed on the contract or invoice overleaf.
(d) Hire Charge means the hire charge set out overleaf, together with any applicable taxes and duties.
(e) Purchase Price means the purchase price for the sale of the Equipment set out overleaf, together with any applicable taxes and duties.
(f) Term means the period specified overleaf.
2. Terms and Conditions
The Equipment is hired/sold (as the case may be) strictly on the basis of the terms and conditions contained in this agreement. Modification of these terms and conditions expressed in any document of the Customer will not apply to the hire/purchase (as the case may be) of the Equipment unless expressly accepted in writing by the Company.
3. Hire of Equipment
The Company agrees to hire the Equipment to the Customer for the Term and the Customer agrees to take the Equipment on hire for the Term and pay the Hire Charge. The Hire Charge must be paid in full prior to the Equipment being removed from the Company's premises, unless the Customer is an approved account customer, in which case terms of payment are strictly 30 days from the date of the invoice. In the event of cancellation of the hire, the Company reserves the right to charge a cancellation fee equivalent to 50% of the Hire Charge.
4. Sale of Equipment
(a) The Company agrees to sell the Equipment to the Customer and the Customer agrees to purchase the Equipment for the Purchase Price. The Purchase Price must be paid in full prior to the Equipment being removed from the Company's premises, unless the Customer is an approved account customer, in which case the terms of payment are strictly 30 days from the date of invoice. We endeavour to keep our website and catalogue Purchase Prices updated and accurate but it is possible that the price may have increased from that published. In addition errors and omissions including under-pricing. In the event that a Company product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account in the amount of the incorrect price. In such an event, we will not send your order until you have confirmed that you wish to order at the new Purchase Price.
(b) If the Equipment is defective it must be returned within 7 days of the date of the invoice.
(c) Where the Equipment consists of a number of items, the Company reserves the right to make partial delivery of the Equipment (and will invoice accordingly). The Company will not be liable for late delivery or non-delivery of the Equipment (or any part) and under no circumstances will the Company be liable for any loss, damage, or delay occasioned to the Customer arising from late or non-delivery of the Equipment (or any part).
(d) Due to multiple orders being placed on our website for high value items, we may add an extra step in the order process before we dispatch online orders. All orders may be subject to a request for additional personal and / or company identification and payment method confirmation to process. The following information may be requested to proceed with your order and avoid any further delays.
1. A copy of your Australian Driver’s License that has not expired, which confirms your Australian Residency and also that your delivery address is correct.
2. A recent copy of an utility bill within the last three months such as electricity or council rates bill with your name and address that matches your order details
3. A copy of both the front and back of the credit card that you are using to pay for this order.
These can be faxed to our Melbourne head office for clarification on 03 9888 8522 or emailed to firstname.lastname@example.org
5. Returns and Refund Policy
Conditions when you do NOT have the right to return a product.
Under the Australian Consumer Law, you are not entitled to return a product if there is no breach of a consumer guarantee – for example, if you:
In some of these situations, we reserve the discretion to provide a remedy. Right of refusal for the return, cancellation or exchange of products is at the discretion of Videocraft Australia Pty Ltd, except where the Competition and Consumer Act 2010 of Australia makes allowance. A restocking fee of up to 25% may apply to returned goods if they are returned in a resellable condition and only after inspection by Videocraft Australia. Where a manufacturer offers a money back guarantee, this will normally involve you sending the product back directly to the manufacturer, who will process the refund themselves.
Many businesses & Customers confuse change-of-mind refunds and refunds required by law. Change-of-mind refunds cover those situations where customers return goods because they do not fit, they have had a change of heart, or want to exchange a present they've received. Note that there is NO implied warranty of merchantability or fitness for a particular purpose on any item sold by Videocraft Australia Pty Ltd.
The law does not require a business to provide a refund in these circumstances. Since change-of-mind refunds are voluntary, Videocraft Australia WILL NOT refund any Monies on Sales, laybys, or Deposits on Reserved or Pre-Ordered Stock after 7 days.
6. Obligations of the Customer
In all cases of hire of the Equipment and in the case of a sale of the Equipment where the Customer has not yet paid the Purchase Price in full, the Customer must:
(a) advise the Company of the situation of the Equipment at all times;
(b) not take the Equipment out of Australia, without the prior written consent of the Company;
(c) not use or allow the Equipment to be used on any abnormal or hazardous assignment, transport or aircraft (including helicopters and light aircraft) other than regular scheduled flights by a recognised commercial airline, unless the Company has given its prior written consent;
(d) take all reasonable precautions for the safety and security of the Equipment and not use the Equipment where it could be affected by salt, water or climatic or atmospheric conditions;
(e) comply with all relevant laws and regulations when using the Equipment;
(f) in the case of hire only, return the Equipment to the Company by the expiry of the Term in good working order and condition, and inform the Company of any damage or defect arising during the hiring or any incident that occurred during the hiring likely to cause such defect or damage;
(g) not attempt to adjust or repair or interfere with the Equipment except where it is necessary for its proper and normal use; and
(h) ensure the Equipment is used in a skilful and proper manner by persons with the necessary experience and familiarity with that type of equipment.
(a) An “Insolvency Event” will occur when:
(i) an application or order is made, a resolution is made or proposed or other steps are taken for the winding up, dissolution, official management or voluntary administration of the Customer (other than a voluntary liquidation for the purpose of amalgamation or reconstruction); or
(ii) the Customer enters into any arrangement, compromise or composition or assignment for the benefits of its creditors or any class of them; or
(iii) the Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its assets other than in the ordinary course of business; or
(iv) the Customer is or is deemed unable to pay its debts as and when they fall due, or stops or suspends the payments of its debts; or
(v) a receiver, a receiver and manager, administration or other officer is appointed to the Customer or any part of the Customer’s property, or a third party attempts to levy execution against the Customer’s property or the goods or (in the case of the Customer being a natural person), the Customer commits an act of bankruptcy.
(b) In the case of sale of the Equipment, the Customer acknowledges that:
(i) title to the Equipment will only pass to the Customer upon payment in full of the Purchase Price and the Company has a lien on the Equipment until such time as all monies due under this agreement are paid in full; and
(ii) until payment in full has been made the Customer holds the Equipment as bailee for the Company and shall safety and securely store the Equipment separately from other equipment on the Customer’s premises in such a manner as to show clearly that the Equipment is the property of the Company.
(c) In the case of hire of the Equipment, the Customer acknowledges that:
(i) the Company retains title to the Equipment and that the Customer has rights to possess the Equipment as a mere bailee only;
(ii) the Customer does not have the right to pledge the Company’s credit in connection with the Equipment and agrees not to do so; and
(iii) the Customer must not agree, attempt, offer or purport to sell, assign, sub-hire, lend, pledge, mortgage, let on hire, encumber or otherwise part with or attempt to part with the Equipment and must not conceal, alter or make any addition or alteration to, or repair of, the Equipment.
(d) In the event the Customer defaults in payment of any monies owing to the Company or any term hereof or any contract between the parties, or any credit account is terminated by the Company, or if an Insolvency Event occurs:
(i) the Company may terminate any contract relating to the Equipment at any time and without prejudice to any other rights it may have against the Customer;
(ii) the Customer must, should the Company so require, deliver up to the Company any Equipment which has not been paid for in full failing which the Company shall have the right to enter, and is hereby expressly authorised to enter, at any time by its servants or agents, upon the premises of the Customer or any other premises at which the Equipment is stored to re-possess any of the Equipment supplied by the Company, and to remove the Equipment from any vessel, vehicle or other place whether or not they have at any such time become fixed to any vessel, vehicle, thing or place and for this purpose the Company is hereby appointed the Customer’s agent. In the event the permission of any third party is required for access to repossess and remove the Equipment, the Customer shall obtain that permission at its own expense. The Customer agrees to indemnify the Company and keep the Company indemnified against all costs incurred by the Company in removing the Equipment and against all claims against the Company in removing the Equipment and arising from such removal; and
(iii) upon the repossession of the Equipment by the Company, the Company shall be entitled to re-sell the Equipment for the best price it can obtain in the short term. The Customer will have no claim against the Company for any damages or other monies whatsoever if the Company repossesses or attempts to repossess the Equipment.
(e) If an Insolvency Event occurs and Equipment which has not been paid for in part or in full is mixed with Equipment that has been paid for, then the Customer bears the onus of proving that the Equipment in its possession (whether mixed with other goods or not) has been paid in full by the Customer. If the Customer is unable to prove, to the satisfaction of the Company, that the Equipment has been paid for in full, then those goods shall be deemed to relate to unpaid invoices outstanding from time to time and are deemed to be the property of the Company. The Company reserves the right to repossess those goods without having to prove that the goods relate to specific unpaid invoices outstanding at the time of repossession.
8. Personal Property Securities Act 2009 (“PPSA”)
(a) The Customer acknowledges that the following provisions will apply to the terms and conditions contained in this agreement. Unless otherwise stated, a term contained in this agreement that is defined in the PPSA (but not otherwise in this agreement) has the meaning given to it in the PPSA.
(b) In consideration for the Company supplying Equipment to the Customer under the terms and conditions contained in this agreement, the Customer:
(i) agrees to treat any security interest created under this agreement as a continuing and subsisting security interest in the relevant Equipment with priority over any registered or unregistered general (or other) security and any unsecured creditor (even if the Equipment become fixtures before paid for in full);
(ii) grants to the Company a purchase money security interest (“PMSI”);
(iii) agrees that the PMSI granted herein will continue to apply to any Equipment coming into existence or proceeds of sale of Equipment or of such Equipment coming into existence;
(iv) agrees that the PMSI has attached to all Equipment now or in the future supplied to the Customer by the Company; and
(v) agrees, until title in the Equipment passes to it, to keep all Equipment free and ensure all Equipment is kept free of any charge, lien or security interest except as created under this agreement, and not otherwise deal with the Equipment in a way that will or may prejudice any rights of the Company under this agreement or the PPSA.
(c) It is agreed that the Customer hereby waives its rights under the following sections of the PPSA: section 95 (notice of removal of an accession) to the extent that it requires the secured party to give a notice to the grantor; section 96 (when a grantor may retain an accession); section 123 (right to seize collateral); section 125 (obligation to dispose of or retain collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchaser); section 130 (notice of disposal) to the extent that it requires the secured party to give notice to the grantor; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (reinstatement of security agreement).
(d) The Company reserves the right to register a financing statement under the PPSA in respect of the Equipment. Costs of registering a financing statement (or a financing change statement) will be paid by the Customer. The Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement that is or may be registered, issued or received at any time.
9. State of Equipment
The Customer acknowledges receipt of the Equipment in good working order and good condition. Although the Company uses a thorough checking system, the Company will not be responsible for incomplete kits, incorrect functioning of Equipment or incompatibility of the Equipment with any other equipment or software used by the Customer. The Company makes no warranties as to the adequacy of the Equipment for any task required of it by the Customer. Return of hired Equipment in a dirty or improperly packaged condition will attract a 10% surcharge at the discretion of the Company.9. Risk and Insurance
(a) The Customer accepts responsibility for the care and safekeeping of the Equipment and is liable for any damage to or loss or destruction of the Equipment from any cause whatsoever (including the acts and omissions,whether negligent or not, of technicians) from the time the Equipment leaves the Company's premises until the
time the Equipment is returned, including occasions where the Company agrees to deliver or pick up the Equipment.
(b) The Company will be entitled to demand and recover from the Customer any losses (including costs) incurred by the Company in respect of loss or damage to the Equipment, howsoever arising.
(c) Insurance cover will be provided in respect of hired Equipment, subject to the Customer paying the applicable premium in the amount of 10% of the Hire Charge.
(d) Notwithstanding any insurance cover in respect of the Equipment, the Customer remains liable under the provisions of this agreement and will also be liable to pay the Hire Charge for the Equipment at the rate applicable for the Term until the Equipment is replaced or repaired as the case may be.
(e) Any loss of or damage to the Equipment must be immediately notified to the Company and the Customer will, at the request of the Company, take any steps reasonably required of the Customer in respect of making reports to the Company, the insurer, the police or other appropriate authorities concerning any such loss or damage.
(f) The Customer will not do any act or thing whereby any insurance in respect of the Equipment may be voided or prejudiced in any way. In particular, the Company shall not be liable for the failure, under-performance or incompatibility of the Equipment resulting from the installation of non-authorised third party software and/or hardware installed subsequent to the Company installation unless otherwise approved and carried out by the Company.
(g) The Customer acknowledges that failure to comply with the conditions specified in this agreement for the proper use and handling of the Equipment will in most cases void the cover.
(h) The Customer acknowledges and agrees that where insurance arranged by the Company does extend to cover any loss of or damage to the Equipment, the Customer will (in addition to any other amounts which it may become liable to pay under this agreement) be liable to pay the policy excess of $1000, plus an administration fee of $250.
(i) The Customer acknowledges that insurance does not cover loss or damage arising from (among other things) war, including any civil war, invasion, acts of foreign enemies, hostilities, rebellion, revolution, insurrection, riot or commotion, military or usurped power, confiscation of or damage to property by a governmental authority, ionising radiations, nuclear radioactivity, mechanical breakdown, application of the wrong current, derangement, breakage of valves and filaments, climatic and atmospheric conditions, wear and tear, loss of magnetism, overheating, faulty projection or manipulation of Equipment, scratching and denting, theft from an unlocked vehicle, theft by an employee or agent, repairs, pressure waves caused by aircraft or other aerial devices, inappropriate uses and modes of transport of the Equipment and circumstances where all reasonable precautions are not taken at all times to ensure the safety of the Equipment. Consequential losses and damages are also excluded.
10. Exclusion of Warranties
(a) Except to the extent implied by any statute or regulation in force, the Company makes no warranties or representations in respect of the Equipment, including its fitness for any particular use, and the Customer accepts the Equipment solely relying on its own knowledge and opinion of the Equipment.
(b) The Company’s liability for a breach of any warranty implied by law is limited to the replacement of the Equipment, the supply of equivalent equipment, the repair of the Equipment, the payment of the cost of replacing the Equipment or of acquiring equivalent equipment or the payment of the cost of having the Equipment repaired.
(c) If the Equipment is found to be defective, the Customer must immediately notify the Company, which will endeavour, in its sole discretion, to replace or repair the defective item as expeditiously as possible, or authorise a competent repairer to repair the Equipment. If the defect is determined by the repairer to be caused by misuse, neglect or carelessness, the full cost of repairs will be borne by the Customer, who will also be liable to pay the Hire Charge until the Equipment is returned to the Company fully repaired.
(d) The Company is solely responsible for carrying out all service and repairs to the Equipment and no repairs are to be carried out without the prior consent of the Company.
(e) The Company will not be held liable for any loss, damage, indirect or consequential loss (financial or otherwise) caused by the Equipment to the Customer or to any property or persons, or as a result of the Equipment not being fit for any use to which it is put to by the Customer.
(a) If the Customer defaults in punctual payment of any amount due under this agreement, is in breach of any term of this agreement, is declared bankrupt or enters into any agreement for the benefit of its creditors or if any execution of distress is levied against it and remains unsatisfied, or being a company, is placed into receivership or goes into liquidation, then in any such case the Company may without further notice, and without prejudice to any of its rights, terminate this agreement.
(b) In the event of termination the Customer must immediately at its own risk and cost deliver up the Equipment to the Company PROVIDED HOWEVER that in the event that the Customer neglects and/or refuses to do so, it is agreed that the Company, its servants and agents may without prior notice and without liability for trespassing or any resulting damage, enter any premises where the Equipment is situated and seize and retake possession of the Equipment. It is further agreed that the Customer will be liable to pay upon demand all costs and expenses which are incidental to any such retaking of possession incurred by the Company, together with penalty interest calculated at a rate which is 2% above the 90 day bank bill rate of the Company’s bank from time to time.
Where any person signs this agreement on behalf of the Customer, the person so signing warrants that he or she is duly authorised by the Customer to enter into this agreement.
13. Governing Law
This agreement will be governed by the laws applicable in the state of Victoria, Australia and both the Company and the Customer submit to the jurisdiction of the courts of that state and any courts competent to hear appeals from those courts.
MELBOURNE: VIDEOCRAFT AUSTRALIA PTY LTD
ABN 79 065 480 579
148 Highbury Road, Burwood VIC 3125
Phone +61 3 9888 8511 Fax +61 3 9888 8522
SYDNEY: VIDEOCRAFT EQUIPMENT PTY LTD
ABN 92 097 262 176
5/18-20 Hotham Parade, Artarmon, NSW, 2064
Phone +61 2 9436 3050 Fax +61 2 9436 2959
CANBERRA: VIDEOCRAFT EQUIPMENT PTY LTD
Phone +61 2 6241 2122 Fax +61 2 6241 2771