TERMS AND CONDITIONS
1. DEFINITIONS
1.1. In this Agreement, unless specified to the contrary, the following words and phrases either: have the expressed meaning
given to them; OR have the meaning given to them in the clause set out opposite them:
1.2. “AGREEMENT” means and is constituted by Our Quote, the Summary of Totals and by these Terms and Conditions;
“CANCELLATION FEE” — Clause 5.2;
“OUR QUOTE” means the attached document headed “Quote”;
“DAMAGED GOODS” – Clause 8.1;
“DAY-RATE” means the rate per day for the hire of the Equipment or for the provisions of Services as set out in Our Quote;
“DELIVERY FEE” means the delivery fees payable as outlined under the “Transportation” section and Summary of Totals in the
Cost Est
“EQUIPMENT” means the equipment listed in Our Quote;
“RTR Productions” or “US” or “Our” means RTR Productions (ABN 73 562 039 885), its servants, or agents.
“FINISH DATE” means the date and time upon which the provision of the Services or the hire of the Equipment finishes (as set
out in the Our Quote);
“GUARANTEE & INDEMNITY” – Clause 16.1.2;
“HIRE FEE” means the fees payable as outlined in Our Quote;
“HIRE PERIOD” means the period commencing on the Start Date and finishing on the Finish Date;
“IP” – Clause 11.1;
“NOTICE”- Clause 5.1;
“PAYMENT SCHEDULE” means those payment amounts and dates as outlined in Our Quote;
“SERVICES” means the provision of labour including but not limited to labour for production planning, management, design,
Equipment delivery, set- up, operation, pack-down, and collection, as described in Our Quote;
“START DATE” means the date and time upon which the provision of the Services or the hire of the Equipment starts (as set out
in the Our Quote);
“CONFIRMTION DATE” – means the closer calendar day that is a period 14 days from date OUR QUOTE was created or a period
14 days prior to the START DATE;
“SUMMARY OF TOTALS “means those payment amounts and payment dates as outlined in Our Quote;
“VENUE”- Clause 6.1;
“YOU” or “YOUR” means the company or person named in Our Quote as the “Client” and includes the Guarantors (if any).
2. AGREEMENT
2.1. This Agreement sets forth the terms and conditions upon which RTR Productions will hire the Equipment and/or provide the
Services to YOU and is entered into and becomes legally binding upon Your written acceptance of Our Quote and Payment
Schedule attached hereto.
2.2. Our Quote will be valid until the Confirmation Date and thereafter may be varied by written notice to YOU. If YOU accept Our
Quote within the Confirmation Date period, Our Quote will be binding upon the parties subject to any further services or
equipment required by YOU for which YOU give RTR Productions notice after the date of Our Quote.
3. HIRE OF EQUIPMENT and PROVISION OF SERVICES
3.1. The hiring of the Equipment and/or the provision of Services will commence from the Start Date and continue for the Hire
Period. Any extension of the Hire Period must be agreed to in writing by RTR Productions.
3.2. YOU are entitled to use the Equipment for its intended and proper use during the Hire Period.
3.3. RTR Productions reserves the right at any time prior to the Start Date to substitute or change the Equipment for equipment
of an equivalent or superior standard.
3.4. The Equipment will be delivered to YOU OR collected by YOU (as the case may be) on the Start Date or as otherwise
agreed.
3.5. The Equipment must be returned by YOU or collected by Us (as the case may be) on or before the Finish Date. Any return of
Equipment after the Finish Date will result in additional charges being incurred by YOU as outlined herein.
4. PAYMENT
4.1. YOU agree to pay the Hire Fee specified in the Payment Schedule for the hire of the Equipment and for the provision of
Services.
4.2. The Hire Fee (including any deposit) must be paid in accordance with and on the dates specified in the Payment Schedule.
YOU will be charged and YOU agree to pay interest at a 14 day rate of 4% above the National Australia Bank fixed lending rate
(per annum on a pro rata basis) on any late payments.
4.3. In the event the Equipment is delivered to YOU, YOU will also be required to pay the Delivery Fee specified in the Payment
Schedule.
4.4. All fees, charges, costs and expenses are quoted in Australian dollars and are exclusive of Goods and Services Tax ( “GST”)
and other applicable taxes and duties. YOU shall be required to pay GST to RTR Productions in addition to the fees or other
charges payable hereunder. RTR Productions will provide YOU with a valid tax invoice in respect of such GST upon request.
5. CANCELLATION
5.1. In the event that YOU wish to cancel this Agreement or amend any terms of Our Quote, YOU must give RTR Productions
no less than 48h during normal Business days written notice prior to the Start Date (“Notice”) of Your intention to do so.
5.2. If YOU fail to give RTR Productions the required Notice, YOU shall be liable for any expenses incurred by RTR
Productions in preparation of the provision of the Services or the hire of the Equipment to YOU ( “Cancellation Fee”).
5.3. The Cancellation Fee will be invoiced by RTR Productions and must paid by YOU within seven (7) days of the date of such
invoice. 5.4. In the event that YOU wish to cancel this Agreement or amend any terms of Our Quote at any time after the Start Date, YOU
will be liable to pay to RTR Productions all amounts set out in Our Quote regardless of whether such services have been fully
provided by RTR Productions at such time.
6. THE SERVICES
6.1. Where RTR Productions provides the Services for YOU at a venue or location specified by YOU(“ Venue”), YOU must:
6.1.1. ensure that RTR Productions is able to gain access to the Venue at the times specified by RTR Productions;
6.1.2. ensure that the Equipment, once installed remains in place at the Venue for the Hire Period and that the Venue is not
required for any other purpose which would require the Equipment to be dismantled and re-installed;
6.1.3. ensure that on the Finish Date at such time specified by RTR Productions, the Venue is available to enable RTR
Productions to dismantle and remove any Equipment from the premises;
6.1.4. do all things necessary to comply with Your obligations under Occupational Health and Safety legislation, regulations and
codes of practice to ensure that the Venue is safe and free from defects and dangerous conditions.
6.1.5. obtain all relevant permits and licences with respect to Your occupation and use of the Venue and ensure that such permits
and licenses are in place prior the Start Date.
6.2. RTR Productions require all lighting, audio, audio visual, scenic, venue or any other relevant plans, plots and weights to be
submitted no later than 14 days before the Start Date for the Services. If YOU wish RTR Productions to use or provide the
Services which involves the use of any third party equipment (including the items described in this clause), YOU are responsible
for ensuring and hereby warrant that such third party equipment is suitable and safe for its intended use and purpose and in
proper working order.
7. USE, OPERATION AND MAINTENANCE OF EQUIPMENT
7.1. The Equipment at all times remains the property of RTR Productions.
7.2. YOU must not sell, transfer, hire, loan or give the Equipment to any other person or part with or share possession of the
Equipment or do anything which may affect RTR Productions interest in the Equipment.
7.3. YOU are responsible for the Equipment from the time it leaves RTR Productions premises (or from the time of delivery as
the case may be) until it is returned to RTR Productions (or from the time of collection as the case may be).
7.4. YOU will ensure that all persons operating or erecting the Equipment are instructed in its safe and proper use.
7.5. In the event that RTR Productions is required to re-attend the Venue or attend any premises at which the Equipment is
being used for any reasons (including but not limited to Your incorrect ordering of the Equipment, or Your incorrect use the
Equipment), then YOU may be charged an additional
Delivery Fee and/or Hire Fee (as the case may be) and/or services fee at the discretion of RTR Productions.
7.6. YOU agree to operate, maintain, store and transport the Equipment strictly in accordance with any instruction provided by
RTR Productions and with due care and diligence.
7.7. YOU agree that the Equipment will only be used for its intended purpose and in accordance with any manufacturer’s
instructions and recommendations whether supplied by RTR Productions or posted on the Equipment in regards to its use,
operation, maintenance and storage.
7.8. YOU agree to comply with all occupational health and safety legislation relating to the use of the Equipment and associated
operations;
8. LATE FEES, LOSS & DAMAGE
8.1. YOU will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurs (subject only
to fair wear and tear) during the Hire Period (“Damaged Goods”) and will be liable to pay for the repairs of any Damaged Goods
or if the Damaged Goods cannot be repaired, the cost of replacement.
8.2. YOU will be liable for all costs incurred by RTR Productions in relation to the Damaged Goods including without limitation
Our own labour costs, and for the loss of hire fees from future clients for the period during which the Damaged Goods are unable
to be re-hired by RTR Productions.
8.3. Equipment must be returned in the same condition in which it was supplied. RTR Productions may charge YOU for the cost
of any cleaning required to the Equipment upon its return by YOU.
8.4. In the event that YOU do not return all parts of the Equipment to RTR Productions on time, YOU may at RTR Productions
sole discretion, be required to pay an additional fee at the applicable Day-Rate for each day or part day for which the Equipment
(or part thereof) is retained by YOU and/or charged for the replacement cost of the Equipment (as the case may be).
8.5. YOU will be liable for the payment of the new list price of any Equipment not returned to RTR Productions.
8.6. In the event of any breakdown or failure of the Equipment however so caused, YOU shall notify RTR Productions
immediately such that the appropriate action may be taken.
9. INSURANCE
9.1. RTR Productions shall maintain a policy of insurance over all equipment owned by RTR Productions which shall cover
such equipment whilst in the possession of RTR Productions or whilst such equipment is being operated by any employee or
agent of RTR Productions as part of the Services hereunder.
9.2. At all times during the Hire Period, YOU must hold and maintain an adequate amount of insurance cover in connection with
the supply, hire, use and possession of the Equipment. YOU shall further be required to hold and maintain insurance cover in
connection with Your event and/or the Venue, including without limitation an insurance policy in respect of public liability.
9.3. YOU must provide RTR Productions with certified copies of Your certificates of insurance upon request by RTR
Productions.
9.4. YOU must compensate RTR Productions for any increases in its insurance premiums, where such premiums are increased
as a result of the supply of the Equipment and/or the provision of Services to YOU or by Your breach of this Agreement or any
negligent act or omission by YOU.
10. EQUIPMENT USED IN THE PROVISION OF SERVICES 10.1. RTR Productions will be responsible for all maintenance and any loss and damage to Equipment ONLY WHERE such
equipment is used by representatives or employees of RTR Productions in the provision of the Services and RTR Productions
will also be responsible for any cleaning costs in relation to such Equipment.
10.2. RTR Productions shall ensure that it maintains adequate insurance cover for any loss or damage to the Equipment caused
by RTR Productions employees.
11. INTELLECTUAL PROPERTY
11.1. RTR Productions retains all copyright and other associated intellectual property rights over its designs and other creative
works including but not limited to printed materials, trademarks, designs and any graphics/artwork used in connection with RTR
Productions businesses (“ IP”).
11.2. YOU must not replicate or use in any format any of the IP without the express written consent of RTR Productions and
RTR Productions reserves all its legal rights in this regard.
12. WARRANTY and INDEMNITY
12.1. To the full extent permitted by law, RTR Productions is not liable to YOU or to any other person for any cost, loss,
expense, demand, claim or liability arising directly or indirectly from the supply of the Equipment and/or the Services however
resulting.
12.2. RTR Productions is not liable to YOU or to any other person for any cost, loss, expense, demand, claim or liability arising
directly or indirectly from YOUR use or misuse of the Equipment, the incorporation or use of any third party’s equipment or
services, any breach of this Agreement by YOU, or the negligent act or omission of any person in connection with this Agreement.
12.3. YOU hereby agree to assume all risks and liabilities for, and in respect of the Equipment and for all injuries to or deaths of
persons and any damage to property however so arising from Your possession, use, maintenance, repair, storage or transport of
the Equipment.
12.4. To the full extent permitted by law, YOU hereby release, discharge and forever indemnify RTR Productions from all claims
and demands of any nature made against RTR Productions arising out of or consequent on the use or misuse of the Equipment
during the Hire Period.
12.5. Without limiting the previous sub-clause, YOU agree that no warranties are given by RTR Productions in respect of the
Equipment.
13. TERMINATION
13.1. RTR Productions may terminate this Agreement without notice if:
13.1.1. YOU fail to pay any amounts owing by YOU under this Agreement on the due date;
13.1.2. YOU breach any other term of this Agreement;
13.1.3. RTR Productions is of the opinion that the supply of the Equipment and/or the Services by RTR Productions may create
an unsafe environment or may damage the Equipment;
13.1.4. YOU commit any negligent act or omission;
13.1.5. where YOU are a Corporation under the meaning of the Corporations Act 2001, YOU have taken against YOU, any
voluntary or compulsory action to be wound-up, or YOU enter into Liquidation, or have an Administrator or a Receiver appointed
to YOU; or
13.1.6. where YOU, being a natural person make an assignment for the benefit of Your creditors, or otherwise commit an act of
bankruptcy.
13.2. If RTR Productions terminates this Agreement pursuant to this clause 13, YOU forfeit all amounts already paid to RTR
Productions (including any deposits), and YOU must immediately pay RTR Productions any and all other amounts YOU are
required to pay under this Agreement but have not yet paid. YOU must return (or permit the disassembly and pick-up by RTR
Productions) all the Equipment and YOU must also pay or reimburse to RTR Productions loss, damage, costs and expenses
(including RTR Productions legal costs and expenses on a full indemnity basis) however so in connection with the termination of
this Agreement. This clause shall not serve to limit any other rights RTR Productions may have under this Agreement or at law.
13.3. RTR Productions may retake immediate possession of the Equipment in the event that YOU breach any provision of this
Agreement
14. FORCE MAJEURE
14.1. RTR Productions shall not be liable to YOU or to any third party for any failure to perform or delay in performing its
obligations under this Agreement caused (in whole or in part) by an event beyond RTR Productions control including (without
limitation) labour shortages, labour disputes, transport delays, data communication delays, inability to obtain products or supplies,
fires, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, computer software error
or any similar event. In those circumstances RTR Productions can delay performance of its relevant obligations without any
liability to YOU.
14.2. RTR Productions shall not be liable to YOU or to any third party for any failure to perform or delay in performing its
obligations under this Agreement caused (in whole or in part) without limitations, for any Outdoor Event where adequate cover,
determined by us for our equipment and RTR Productions personal, by YOU or any third party, is not supplied.
15. CONFIDENTIALITY
15.1. The parties acknowledge and agree that they shall each keep the terms and conditions of this Agreement confidential.
Neither party shall make any statement or announcement or give or supply any information to any person (other than professional advisers where such information is given in confidence) relating to the affairs of either party, the terms of this Agreement or the
exercise of any rights granted pursuant to this Agreement.
16. GUARANTEE AND INDEMNITY
16.1. The Guarantor(s) (if any) named in the Our Quote, in consideration of YOU (at their request) entering into this Agreement:
16.1.1. irrevocably guarantee to RTR Productions that YOU will perform all of its obligations under this Agreement; and
16.1.2. indemnify RTR Productions in the event that YOU default in the payment of any money under this Agreement. In this
instance, the Guarantor(s) must on demand immediately pay the outstanding amount to RTR Productions against all losses,
costs, charges and expenses whatsoever which may incur by reason of any default by YOU under this Agreement. (collectively
referred to as either this or the ” Guarantee & Indemnity”).
16.2. If YOU default in the payment of money under this Agreement, the Guarantor(s) must on demand immediately pay the
outstanding amount to RTR Productions.
16.3. If YOU fail to perform or observe any of YOUR obligations under this Agreement, other than an obligation concerning the
payment of money, the Guarantors must on demand immediately compensate RTR Productions for that failure.
16.4. The Guarantors acknowledge that:
16.4.1. this Guarantee & Indemnity is a continuing one which will not be affected by part payment or part performance by ; and
16.4.2. their liability to RTR Productions will not be affected by:
16.4.2.1. granting to YOU or the Guarantors any time or other indulgence;
16.4.2.2. agreeing not to sue YOU or the Guarantors;
16.4.2.3. the failure of any of the Guarantors to sign this Agreement.
17. JURISDICTION
17.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the
parties hereby submit to the exclusive jurisdiction of the courts of such State.
18. INTERPRETATION
18.1. In the interpretation of this Agreement, unless specified to the contrary: words importing the singular include the plural and
vice versa; a reference to any matter or thing includes the whole and each part of it separately; where a word or expression is
given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding
meaning; a reference to a natural person includes a company or other corporate body and vice versa; a reference to any
legislation, regulation, code or local law includes any modification, re-enactment or substitution of it; the obligations imposed by
this Agreement on or in favour of a party who is a natural person includes his heirs, executors, administrators and assigns; the
obligations imposed by this Agreement on or in favour of a party which is a company or other corporate body includes its
successors and assigns; and A reference to a Statute in this Agreement is a reference to that Statute as amended, re-enacted or
modified from time to time.
18.2. In the interpretation of this Agreement, time will be of the essence. However, if something must be done on or by a specified
day which is not a Business Day, it is to be done instead on or by the next Business Day.
18.3. Any obligation imposed by this Agreement on two or more persons binds them jointly and each of them severally.
18.4. Any party which is a trustee (whether or not that role is disclosed in this Agreement) is bound personally and in its capacity
as trustee.
Yours sincerely,
RTR Productions
info@rtrproductions.com.au
www.rtrproductions.com.au
T. 03 9331 6522
VIC 3057 Australia
18 Webber Parade, East Keilor
A. COST ESTIMATE
Please read, complete and send this Our Quote to us
by email (info@rtrproductions.com.au)
An official purchase order should also accompany the Our Quote. If only a purchase order or the Our Quote are received from YOU to
supply the Services and/or the Equipment , that is deemed to be an acceptance of the quotation, these terms and conditions and any other
special terms for works (as applicable) by YOU.
Verbal confirmation will not be accepted as a confirmation of this quotation.
I have read, understood and agree to the quotation and all the terms and conditions which were supplied to me with this
Our Quote. I specifically acknowledge and accept the charges set out in this Our Quote and the Payment Schedule. I further acknowledge
and accept that further charges may apply at rates to be notified to me by YOU, if my requirements are changed or varied and YOU are
required to provide further services and/or equipment at any time after sending this confirmation document to YOU.
