Audiopod Terms & Conditions
TERMS & CONDITIONS OF HIRE
1.1 In these Terms:
means any agreement entered into for the hire of equipment or provision of services by Audiopod to the
means a person, firm or corporation, jointly and severally if there is more than one hiring equipment or
obtaining services from Audiopod;
means all goods, equipment, consumables, accessories and of whatever nature supplied by Audiopod to the
Customer and “hire of equipment” includes any services provided by Audiopod in delivery, unpacking, installing and
collection of equipment;
means the Goods and Services tax as defined in A New Tax System (Goods
and Services Tax) Act 1999 as amended;
means the time from when the equipment is delivered by Audiopod to the customer until the equipment is
collected from the customer;
“Delivery” means delivery of the equipment to the customers requested
site, or in the case of ‘Dry Hire’ delivery means the collection of the equipment by the customer from an Audiopod
means any contract for the hire of equipment by Audiopod to the Customer on the Terms;
means all copyright, trade marks, designs, specifications, confidential information, (whether registrable or
not) owned or licensed by Audiopod in respect of the equipment, services or their installation, operation, location
means the provision by Audiopod to the Customer of any services including without limitation concept
creation, lighting and sound design and event staging;
means the site where the equipment is delivered; and
means these Terms and Conditions of Hire and Supply of Design Services;
2. Basis of Agreement
2.1 Unless otherwise agreed by Audiopod in writing, the Terms apply exclusively
to every Hire Contract and contract for provision of services by Audiopod to the Customer and cannot be varied or
supplanted by any other terms, including the Customer’s terms and conditions (if any).
2.2 A written quote provided by Audiopod to the Customer regarding the proposed
hire of equipment or provision of services is valid for 30 days and is an invitation only to the Customer to place
an order based upon that quote. Any terms in Audiopod' quote form part of the Terms and if inconsistent will
3.1 Unless otherwise stated, prices quoted for the supply of equipment and
services, exclude GST and any other taxes or duties imposed on or in relation to the equipment and services.
In addition to payment of the price of equipment and services, the Customer must pay any GST and any other taxes or
duties imposed on the equipment and services.
3.2 If the Customer requests any variation to the Agreement, Audiopod may
increase the price to account for the variation.
3.3 Where there is any change in the costs incurred by Audiopod in relation to
the equipment or services, Audiopod may vary its price for the hire of equipment or services in order to take
account of any such change, by notifying the Customer.
4.1 Payment for hire of equipment must be made in the manner and at the times
referred to in the Hire Contract promptly and without deduction.
4.2 Failure to pay in accordance with the Hire Contract will automatically void
any and all discounts.
4.3 Payment must be made by credit card or EFTPOS.
4.4 Audiopod may require a security bond to be paid in addition to any hire
fees. Audiopod may apply the security bond against any amounts payable by the Customer under the
4.5 Any portion of the security bond not applied will be refunded by cheque
posted within ten days of return of equipment.
4.6 Failure to pay an account within 60 days
of the invoice date, may result in Audiopod passing the Debt to a collection agency. The customer is
responsible for paying all costs, fees, and interest associated to this debt collection
5. Variation and Cancellation
5.1 If through circumstances beyond the control of Audiopod, Audiopod is unable
to provide equipment or services, then Audiopod may:
(a) make changes to the equipment provided that the end performance
is not materially prejudiced; or
(b) cancel any order (even if it has already been accepted) by
notice in writing without any liability to the Customer.
5.2 The Customer may cancel an order but will forfeit any fees paid in
6. Delivery, collection and return
6.1 The Customer must allow Audiopod' servants, agents and insurers access to
the equipment at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or
replace them. The Customer is responsible for providing safe and proper access to and at the Site. The
Customer is liable for all injury, loss or damage suffered by Audiopod , its employees or agents while at the
6.2 If the Customer requires any change to the time of delivery or removal of
the equipment it must promptly notify Audiopod in writing. Audiopod in its absolute discretion, may accept or
reject such request. If Audiopod accepts such request it may charge the Customer for any additional hire fees
or costs incurred by Audiopod.
6.3 If, for whatever reason Audiopod is unable to gain access to the Site for
delivery or pick up of equipment it may charge the Customer for delivery and pick up charges for each unsuccessful
6.4 The Customer must make the equipment available for collection by Audiopod
at the end of the Hire Period in a working, complete, clean and dry state.
6.5 If the Hire Contract states that the Customer must arrange for return of
the equipment to Audiopod and the Customer fails to do so at the end of the Hire Period, the Customer agrees to pay
Audiopod the daily hire charge for each item for each day from the end of the Hire Period until the equipment is
returned or until adequate compensation is made to Audiopod including payment for any loss or destruction of the
6.6 Audiopod' count and decision as to condition of equipment prior to dispatch
and on return shall be final.
7. Responsibility of Customer
7.1 During the Hire Period and at any time the equipment remains in the
possession or under the control of the Customer, the Customer:
(a) is responsible for and bears the risk for all of the equipment
including damage to equipment caused by fire, storm, collision, accident, theft or burglary;
(b) is responsible for using the equipment in strict conformity
with the equipment's' instructions or specifications;
(c) must comply with all relevant laws, by-laws and regulations
applicable to the installation, use and operation of the equipment;
(d) must maintain and return the equipment in the same condition as
the time of delivery;
(e) must not sell, mortgage, sublet, assign or otherwise dispose of
the equipment, as all equipment remains the property of Audiopod;
(f) must have its own insurance for loss, damage or theft of
the equipment Plant to its full replacement value. The Customer must, within 48 hours of commencement of the hire,
if requested by Audiopod, provide evidence of any required insurance policies. If proof of insurance is
not provided when requested, Audiopod will undertake to insure the equipment and the Customer will be fully
responsible for payment of the excess under Audiopod' insurance policy;
(g) must immediately notify Audiopod of any failure of the
equipment during the Hire Period, and
(h) must, within 14 days of demand, pay Audiopod for any damage or
losses to any of the equipment, sustained while the equipment was in the possession of the
7.2 The Customer acknowledges that:
(a) Audiopod is not responsible for the inexperience of the
Customer or operator of the equipment, which causes damage or non-operation of the equipment during the hire period
and the Customer will remain liable to pay all hire charges, unless the operator is provided by
(b) use of non-genuine parts on the equipment (i.e. globes, fuses,
smoke fluid, etc) may result in the Customer being liable to pay services charges and any charges for damage on
demand to Audiopod.
8 . Breakdown or defect
8.1 The Customer must carefully inspect the equipment upon delivery and notify
Audiopod within 4 hours if there is any damage, loss or shortage. Any shortages not notified within this time
will be charged for in full.
8.2 Breakdown or defect in the equipment resulting from:
(a) proper or ordinary use; or
(b) the development of an inherent fault or faults not
ascertainable prior to start of the Hire Period;
may, at Audiopod' option, either be repaired at the Site or the equipment replaced and delivered to the Site at
8.3 If repair is impracticable and if replacement equipment is not available,
the proportional charge for the broken or defective equipment will be credited to the Customer and Audiopod will
not have any other liability whatsoever to the Customer.
8.4 No relief from hire charges or any claims will be allowed by Audiopod
(a) an event has been delayed, cancelled or postponed for reasons
out of Audiopod' control including, without limitation inclement weather or Site conditions;
(b) the Customer fails to notify Audiopod of any defect or
breakdown of equipment immediately when it occurs.
8.5 The Customer must not try to effect any repairs on any
9. Intellectual Property
9.1 Intellectual Property provided to the Customer by Audiopod remains the exclusive property of
Audiopod and must be returned to Audiopod on demand and must not be copied or communicated to any third party
without the express written consent of Audiopod.
10. Default and Termination
10.1 If the Customer:
(a) breaches any of the Terms;
(b) is an individual and becomes bankrupt or enters into any scheme
of arrangement or composition of the benefit of his or her creditors;
(c) is a corporation and becomes insolvent or enters into any
scheme of arrangement, any assignment or composition with or for the benefit of its creditors, has as a liquidator,
administrator, receiver or manager appointed, or any action is taken for winding up or
Then Audiopod may, without prejudice to any other remedy available to it:
(d) require immediate payment of all money which would become
payable by the Customer to Audiopod at a later date on any account, without further notice;
(e) charge the Customer interest on any sum due at the prevailing
rate pursuant to the Penalty Interest Rates Act 1983
(VIC) plus 4 per cent for the period from the due date until the date of payment in full;
(f) charge the Customer for, and the Customer must indemnify
Audiopod from, all costs and expenses (including without limitations all legal costs and expenses) incurred by it
resulting from the default or in taking action to enforce compliance with the Terms or to recover the
(g) charge the Customer for the cost of repairing or replacing any
lost, damaged or destroyed equipment;
(h) charge the Customer for subsequent lost hire charges as a
result of the equipment being lost, damaged or destroyed until the equipment is repaired or
(i) claim damages from the Customer for breach of the Hire
(j) Cease or suspend for such period as Audiopod thinks fit,
supply of any further equipment to the Customer.
13.2 On termination, the Customer must immediately make the equipment available for
collection. If the Customer does not, Audiopod is entitled to enter any premises of the Customer where the
equipment is suspected to be to repossess the equipment. Audiopod will not be liable for any damage caused
and the Customer must indemnify Audiopod from any liability to it or any third party in respect of any damage,
demands, proceedings, costs and expenses howsoever arising.
11.1 The Customer shall be solely responsible for and shall hold Audiopod fully indemnified
against any loss or damage arising from or in connection with the provision of the equipment or services, including
without limitation any action for infringement of copyright brought by any third party against Audiopod or the
12.1 Except as specifically set out herein, or contained in any warranty statement provided with
the equipment or services, any term, condition or warranty in respect of the quality, merchantability, fitness for
purpose, condition, description, assembly, manufacture, design or performance of the equipment, services or
Intellectual Property, whether implied by statute, common law, trade usage, custom or otherwise, is hereby
12.2 Replacement of the equipment or resupply of the services is the absolute limit of Audiopod
liability howsoever arising under or in connection with the hire, use of, storage or any other dealings with the
equipment or services by the Customer or any third party.
12.3 Audiopod is not liable for any indirect or consequential losses or expenses suffered by the
Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or
goodwill or any liability to any other party.
12.4 Audiopod will not be liable for any loss or damage suffered by the Customer where Audiopod
has failed to deliver equipment or services or fails to meet any delivery date or cancels or suspends the supply of
equipment or services, or suspends or cancels the Copyright Licence.
12.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having
the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to
the sale of equipment or supply of services which cannot be excluded, restricted or modified.
13.1 The law of South Australia from time to time governs the Terms and the parties agree to the
non-exclusive jurisdiction of the courts of South Australia, the Federal Court of Australia, and of courts entitled
to hear appeals from those Courts.
13.2 Failure by Audiopod to enforce any of these Terms shall not be construed as a waiver of any
of Audiopod' rights.
13.3 If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if
it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the
13.4 A notice must be in writing and handed personally or sent by facsimile or prepaid mail to
the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon
posting. Notices sent by facsimile are deemed received on the facsimile machine confirming