CONDITIONS OF HIRE

1.                    OWNERSHIP OF GOODS.

The goods stated on the face of this document are the property of Betta Events P/L (hereinafter called the Owner) as the person signing the same (hereinafter called the Hirer) hereby acknowledges, and further acknowledges that he has read the terms and conditions of hiring on the face of this document as well as these conditions and accepts possession of the said goods subject to each and every term and conditions on the face and reverse side of this document respectively.

2.                    PAYMENT OF RENT, REDELIVERY OF GOODS.

In the event of it being agreed that the said goods are to be hired subject to a periodic rent the same shall be paid by the Hirer to the owner at his address for the time being without previous demand by way of rent for the hire of the goods enumerated on the face of this document ( hereinafter called the said goods) on the days specified for  payment without delay and without deduction and at the expiration of  the period of hiring, however  ended, the Hirer shall at his own cost in all things return the said goods to the Owner at his address on the face hereof or such other address as he the Owner shall in writing direct.

3.                    HIRER NOT TO SELL, MORTGAGE OF REMOVE GOODS, ETC.

The Hirer during the continuance of the hiring will not sell or offer for sale assign mortgage pledge underlet lend or otherwise deal with the said goods or any part or parts thereof or with any interest therein or in this agreement, but will keep the said goods in his own possession and will not remove the same or any part or parts thereof from the place where such goods are for the time being namely the address supplied to the Owner by the Hirer without the previous consent in writing of the Owner  and will not allow any lien to be created upon the said goods whether for repairs of otherwise and will duly and punctually pay all hire rates, taxes, charges and impositions payable in respect of the premises whereon the said goods shall for the time being be situate and produce all receipts for such payments to the Owner on demand and will protect the said goods against distress, execution or seizure and the costs and charges hereof.

4.                    REPAIR AND INSPECTION.

The Hirer shall use the goods in a skillful and proper manner and shall at his own expense keep the said goods in good and substantial repair and condition (reasonable wear and tear  accepted) and shall return the goods to the Owner in good and substantial repair and condition and during the period of hire the goods shall  be at the risk of the Hirer and will permit the Owner at all reasonable times to have access to the said goods and to inspect the state and condition  thereof provided always should they require expert attention in order to repair any damage or  want of repair the permission of the Owner  shall be first had and obtained before they are entrusted to such expert for repairs and the Owner shall have the right of nominating the persons to carry out such repairs whether or not they are the responsibility of the Owner or the Hirer as the case may be.

5.                    DETERMINATION OF HIRING BY THE HIRER.

The Hirer may at any time determine the hiring by returning the said goods to the owner but shall not be entitled to any refund for any unexpired portion of the agreed period of hiring or in the case of a periodic hiring for the unexpired portion of any given period of the hiring.

6.                    DETERMINATION OF HIRING BY OWNER.

The Owner may at any time determine the hiring by written notice to the Hirer forwarded by prepaid registered letter addressed to the Hirer at his address on the face hereof in which case the said goods shall at the expense in all things of the Hirer be returned to the Owner at the expiration of the then current period of the hiring for which payment shall have been made.

7.                    INTEREST AND COSTS.

If the hire for the said goods shall not be paid at the times and in manner aforesaid the Hirer shall pay the Owner interest on the arrears at the rate of 10% per annum until the time of payment or up to and until the Owner shall retake or receive possession whichever of such times shall first arrive and all costs and expenses incurred by the Owner in obtaining payment of such arrears or of the sums mentioned  in clauses  3, 4, 7, 9 & 10 hereof or in obtaining possession and whether or not any action suit shall have been instituted shall be recoverable from the Hirer in addition and without prejudice to his right to damages for breach of this agreement.

8.                    NO LICENCE TO REMOVE GOODS.

The Hirer shall not remove the said goods to another address contrary to condition 3 hereof.

9.                    EQUIVALENT HIRE PLUS INTEREST IN CASE OF DETENTION.

If the Hirer should detain the said goods after notice given pursuant to clause 6 hereof he shall be liable to pay hire for the same at a rate equivalent to a proportionate part of the hire agreed to on the face of this document for the period of detention as compared with the period of hiring or in the case of periodic hire at an equivalent hire plus interest at the rate of 10% per annum on any hire unpaid (whether the hiring shall have been determined or otherwise).

10.                    DETERMINATION OF AGREEMENT ON DEFAULT.

If the Hirer shall make default in punctual payment of the sums to be paid by him for the hire of the said goods or if an order shall be made for the sequestration of his estate or  if he shall enter into any composition or arrangement with his creditors or if the Hirer( being a limited company) shall enter into compulsory or voluntary liquidation ( not being a voluntary liquidation only for the purposes of amalgamation or reconstruction) or shall fail to observe and perform the terms and conditions of this agreement on his part to be observed and performed or if the Hirer shall do or cause to be done or permit or suffer any act or thing whereby the Owners rights in the said goods maybe prejudiced or put in jeopardy this agreement shall forthwith determine ( without any notice or other act on the part of the owner and not withstanding that the owner may have waved some previous default or matter of the same or like nature) and it shall there upon be lawful for the Owner to retake possession of the said goods and for that purpose to enter into or upon any premises where the same may be and the determination of the Hirer under this clause shall not affect the right of the Owner to recover from the hirer any monies due to the Owner under this agreement or damages for breach thereof.

11.                  INDEMNITY.

The hirer shall indemnify and keep indemnified and save harmless the Owner and the Owners servants and agents for all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise.

12.                  EXCLUSION OF LIABILITY.

The  Owner shall not be liable to the Hirer or the Hirer’s servants or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations warranties, terms and conditions express or employed (except in so far as statutory conditions and warranties cannot be excluded under Part V  Division 2A of the Trade Practices  Act (1974) or relevant State legislation), use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise.

13.                  OPERATION OF CLAUSES 11 & 12.

Clauses 11 & 12 thereof to the extent they are inconsistent with other clauses, terms and conditions of this Agreement are to override such clauses and be of paramount force.