Terms & Conditions of Hire


Terms & Conditions of Hire

The following terms and conditions of hire are presumably accepted by the customer when they hire screens from Epower Australia.

Epower Australia Pty Ltd is a leading commercial supplier of mobile LED screens in Australia.

Epower Australia Pty Ltd (Epower Media) (The Company) is committed to protecting the privacy of individuals who visit the Company’s Website (“Visitors”), individuals who register to use the Services as defined below (“Customers”). This Privacy Statement describes Epower Australia Pty Ltd privacy practices in relation to the use of the Company’s Website and the related applications, services, and solutions offered by Epower Australia Pty Ltd, as well as individuals’ choices regarding use, access and correction of personal information.

By supplying Epower Media with your information, unless otherwise advised, you also agree to Epower to use your information or your event photographs for any promotional, marketing and publicity purposes. In this respect we may send you offers, newsletters, or other promotional material. You may opt-out of receiving marketing communications from us at any time by following the instructions to “unsubscribe’ set out in the relevant communication, or by contacting us in writing at info @epowermedia.com.au

If you have questions or complaints regarding Epower Australia Pty Ltd Privacy Statement or associated practices, or if you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at info @epowermedia.com.au

  1. Definitions
    In these conditions (and in any document in which reference is made to these conditions) the following terms shall have the following meaning:
    ‘Agreement‘ means the contract(s) made between The Company and The Customer for the hire of the equipment to which these conditions apply;
    ‘The Company‘ means Epower Australia Pty Ltd (Epower) which expression shall where the context so requires include is successors and assigns;
    ‘Equipment‘ means the goods hired to The Customer by The Company under an agreement.
    ‘Hire Charge‘ means the applicable hire charge(s) payable by The Customer to The Company for the hire of the equipment for the hire period the Customer means person, firm or company who hires the equipment under the agreement.
  2. General
    2.1 All quotations are made, all orders received and accepted, and each agreement is entered into by the Company subject to these conditions of hire to the exclusion of all other conditions.
    2.2 These conditions shall prevail over any inconsistent terms applied by the law or by trade custom, practice or course of dealing and previous terms and conditions (if any) of The Company and any such terms and conditions stipulated by The Customer (howsoever arising) are hereby excluded and negated, unless expressly agreed otherwise in writing by The Company.
    2.3 No servant or agent of The Company has the power to vary these conditions or to make any warranty representative or promises about the condition of the equipment, their fitness for any purpose or any other matter whatsoever, unless expressly agreed otherwise in writing by The Company.
    2.4 No terms, conditions, warranties, or representations not recorded herein shall be binding on The Company, except where such is necessarily imported into any agreement by the statute, act or a common law and is not specifically excluded hereunder.
  3. Quotations, Acceptance and Orders
    3.1 All quotations issued by The Company are based on The Company’s current costs at the time of The Customers request and accordingly are subject to amendment on or after acceptance.
    3.2 Unless otherwise stated in writing any quotation issued by The Company will remain open for 14 days only and only for up to 14 days prior to event and shall then lapse. A surcharge may apply for ordering of equipment / services within 14 days of the event.
    3.3 A quotation shall not constitute an offer to supply, and no agreement exists unless and until there has been an acceptance by The Company in writing or orally by duly authorised employee or agent of The Company of an order placed.
  4. Charges, Payments and GST
    4.1 Customers without approved credit terms shall pay to The Company the hire and installation charges as per the following schedule unless the contrary is agreed in writing by The Company: 100% to be invoiced and paid 14 days prior to the event/ Delivery. Unless otherwise agreed. Invoices shall be payable on receipt, terms of payment being of the essence.
    4.2 All other sums due to The Company under an agreement shall be payable on receipt of invoice.
    4.3 All sums due to The Company under the agreement shall be paid together with GST and any other applicable taxes/Levies, which may from time to time be introduced, which shall be charged thereon in accordance with the relevant regulations and at the applicable rate in force at the time of charging.
    4.5 The Company reserve the right to charge The Customer weekly interest at a rate of 10% for the unpaid invoices, and reserves the right for not to deliver the goods.
  5. Installation / Removal
    5.1 The Customer shall at its own expense supply or procure the supply of suitable accommodation, mountings, electrical supply, and environment for the equipment in accordance with The Company’s instructions and specifications.
    5.2 Where the Company deems necessary The Customer shall bear the cost of any extra items or equipment, materials or labour required for the installation of the equipment
    5.3 On arrival on site The Company require a competent person designated by The Customer to be responsible for the safe ingress and egress and the positioning of the equipment on site.
    5.4 The Company should be met on arrival by this predetermined individual / group.
    5.5 The Customer shall provide a designated trackway for vehicles and ground protection system for the areas of work, the Customer is Liable for all damages or reinstatement of the event site.
    5.6 The Customer is responsible for the permission of The Company to park required vehicles in the area surrounding the equipment. If permits or site permission is required by The Company, then these must be obtained by The Customer prior to the event/installation.
    5.7 The Customer is responsible for the security of the screen from arrival on site until its departure. This includes any overnight stays.
  6. Service
    6.1 Upon the request of The Customer and with reasonable notice, The Company shall service the equipment by repairing or replacing any parts which may become defective through fair wear and tear.
    6.2 The Company reserves the right if it considers necessary to remove the equipment and provide temporary or permanent replacement equipment having capabilities at least equivalent to that of the equipment.
    6.3 The Company in its absolute discretion may make changes in the specification of the goods to be supplied provided such changes do not materially affect the quality of the goods.
    6.4 The Company shall, as far as is practicable, give The Customer prior notice of the change to any specification.
    6.5 The Company reserves the right to refuse to service the equipment if any payment under the agreement is outstanding and such refusal shall without prejudice to any other rights and remedies The Company may have or The Customer’s liabilities there under.
    6.6 Unless otherwise agreed in writing between The Company and The Customer, The Company shall not be responsible for any tapes, disks, compact disc or records for use within the agreed event.
  7. Ownership and Liability
    7.1 Beneficial and legal title in the equipment shall always remain in The Company and The Customer shall have no right or interest in the equipment except for the quiet possession and the right of use of the equipment upon the terms of these conditions.
    7.2 The Customer shall always keep the equipment in its possession and not without The Company’s prior written consent move or procure the removal of the equipment from the event area.
    7.3 The Customer shall not at any time: sell, offer for sale, rent, pledge, or lend or otherwise part with possession of any equipment that is the sole property of The Company.
    7.4 The Company reserve the right to stop the use of all equipment due to reasons beyond our control.
    7.5 The Customer shall not at any times cover or remove The Company logos from the equipment.
  8. Customer Liability for Loss or Damage
    8.1 The Customer shall be liable and have in place full all risks insurance cover against loss, damage & theft of any equipment from the time the equipment arrives on site.
    8.2 In addition to the provisions of clause 8.1 if the customer cannot provide full all risks cover, the Company may, at its option require: The Customer to pay the Company charges in respect of insuring the equipment against all risks.
  9. Access to Equipment
    9.1 The Customer shall provide or ensure that The Company, its servants, or agents, has access to the equipment.
    9.2 The Customer shall ensure that the equipment is accessible at the end of event for immediate removal.
    9.3 The Customer is liable for all costs incurred when equipment becomes stuck/bogged, and if the recovery is deemed necessary.
  10. Licences and signal
    10.1 The Customer shall indemnify and keep indemnified The Company against all costs, claims, liabilities, damaged, expenses, proceedings, actions or demands (including without limitation legal fees and costs) resulting at any time from The Customers use of the equipment in breach of alleged breach of any copyright or other rights.
    10.2 The Customer must obtain prior to installation of the equipment all consents, permissions and approvals required in the respect of such installations and use of the equipment at the event.
    10.3 Where the customer is providing the signal or feed to the screen, it is the customers sole responsibility to obtain such signal and present at the screen location.
    10.4 EPOWER will have no liability due to a failed signal or signal drop out.
  11. Cancellation
    11.1 If The Customer wishes to cancel any agreement after The Company has accepted an order for equipment but before installation of the equipment, The Company may, at its discretion and without prejudice to any other rights and remedies it may have, treat such cancellation as a breach or a repudiation of an agreement and, agree to accept any of the following payments from The Customer:
    11.2 Days’ notice given prior to date of installation % of hire charge.
    – Cancellation after confirmed booking 50% of contract value.
    – Cancellation within 14 days of event date 75%
    – Cancellation within 24 hours of event date 90%
    11.3 If the Company cancels the agreement after The Customer has returned the order for equipment, then The Customer will receive a full refund of all monies paid in respect of the agreed event.
    11.4 In the event that the Customer attempts to terminate this agreement before the expiry of the hire period, The Company may, at its absolute discretion and without prejudice to its right to treat cancellation as breach or repudiation of any agreement, agree to accept such cancellation provided that The Customer shall not be entitled to any refund of the hire charge, or any other payments made to The Company.
  12. Termination
    Without prejudice to its other rights, The Company shall have the right forthwith to terminate this agreement by notice in writing to The Customer, and to claim any resulting losses or expense if:
    12.1 The Customer fails to make any payments when it becomes due or
    12.2 The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order in bankruptcy is presented or made against The Customer or a resolution or petition to wind up The Customer is passed or presented or a receiver or administrator is appointed to any of The Customers assets or undertaking or if The Customer becomes unable to pays its debts within the purview of The Companies Act of NSW/Commonwealth or other circumstances arise which entitle the court or a creditor to appoint any receiver or administrator or to make a winding up order.
  13. Weather
    The Company reserves the right to withdraw equipment prior to or during an event due to adverse weather conditions that may cause concern for health and safety of any persons or property in the vicinity, or damage to the equipment supplied. EPOWER will not be liable for any refunds due to this action.
    The Company accepts no liability for any costs occurring through the equipment being inoperable due to the weather, this includes any Consequential/Financial loss in any form.
  14. Limit of Liability
    14.1 The Company accepts no liability for death or personal injury resulting from the negligence of the Company or its employees whilst acting in the course of their employment.
    14.2 The Company accepts no liability for any costs occurring through the equipment being inoperable, this includes any Consequential/Financial loss in any form.
  15. Non-Assignment
    15.1 The Customer shall not assign, delegate, or otherwise deal with all or any of its rights and obligations under an agreement without The Company’s prior written consent.
    15.2 The Company shall have the right to assign or otherwise delegate all or any of its rights and obligations under an agreement upon notice to The Customer.
  16. Force Majeure
    Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control.
  17. No Waiver
    Failure by either party to exercise any rights conferred by these conditions shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof or any other rights on any later occasion.
  18. Notice
    Any notice to be given in writing hereunder by the parties shall be deemed to have been duly served if delivered personally or sent by pre-paid first-class post to the address of the party stated overleaf or to such other address as such other party may notify in writing to the sender.
  19. Law and Jurisdiction
    These terms and conditions and the agreement for the Equipment are governed by law of NSW and are subject to the exclusive jurisdiction of the NSW.
  20. Limited Companies
    You understand that if you sign this contract as a Director, Officer or on behalf of a Limited Company and that Limited Company is unable or shall fail to meet its commitments or enters into liquidation or amalgamation (and the amalgamated company shall not settle the account made in accordance with this agreement) then you hereby give your irrevocable personal guarantee that you will settle EPOWER’s account in full within 14 days of the account being issued and under this guarantee you agree to be bound by all the terms and conditions contained herein as if you had signed this contract as a private individual.
  21. Staff Safety
    All EPOWER staff have the right to work in an environment that is free from fear or threat, if at any time any member of staff is exposed to any verbal threats or violence then the team will immediately stop work, close down the screens (if in use) and then remove them. EPOWER will if required report the incident to the police and fully back any member of staff who wishes to pursue the matter. Under these circumstances the client will still bare all costs of the contract.
  22. Copyright and Intellectual Property
    “Confidential Information” means the provisions of this agreement, Intellectual Property Rights, all information (in any form) of, related to or connected with EPOWER’s operations and affairs including financial, budgetary, marketing, research and business plan information; trade secrets, licences, quotations, master material, know- how; customer lists and supplier lists; all other information (in any form) of a confidential nature directly or indirectly disclosed by or on behalf of EPOWER’s to any other party or parties to this agreement; and all material, analyses, compilations, calculations, conclusions, summaries or other material derived or produced from, or incorporating any of, the information referred to in this definition.

“Intellectual Property Rights” means all intellectual property rights throughout the world, including all registered and unregistered rights of copyright, designs, plans, circuit layouts, workshop drawings, trade-marks, master material files or information including but not limited to trade secrets, know-how, moral rights, confidential information, patents, inventions, discoveries and domain names and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation.

The Customer agrees and warrants that it must/will;
a) keep the Confidential Information confidential and not disclose, or cause or permit the disclosure of, any Confidential Information to any person, except as permitted by this agreement or by law or with EPOWER’s prior written consent;
b) maintain proper and secure custody of the Confidential Information and keep it protected from any use, disclosure or access inconsistent with this agreement and do all things necessary, prudent or desirable to safeguard confidentiality of Confidential Information;
c) not make, permit, solicit or assist any other person to make, any announcement, public statement, press release or any other communication or disclosure concerning any Confidential Information without EPOWER’s prior written consent; and
d) comply with EPOWER’s reasonable directions about Confidential Information.

The Customer further agrees and warrants that it must/will;
(a) notify EPOWER’s immediately if it suspects, or becomes aware of, unauthorised use, or disclosure of Confidential Information;
b) immediately take all reasonable steps to prevent or stop any suspected or actual unauthorised use of Confidential Information; and
c) promptly do anything that EPOWER’s reasonably requires to restrain a breach or suspected breach of this agreement or any infringement or suspected infringement of the Discloser’s rights under this agreement; or enforce this agreement, whether by court proceedings or otherwise.

  1. Equipment Rental – Client Pick Up & Return
    It is your responsibility to notify us of the equipment requirements and should you require our recommendation/advice, we can only do this based on the information you have provided us with and therefore limitations apply. We will always provide the best recommendation possible however when it comes to equipment rental, it is your responsibility to check that the equipment list is applicable and suitable for your needs. We are unable to be familiar with every venue and we cannot account for every environment concern that is not under our control. For powered equipment, it is your responsibility to inform us of distances to power, otherwise we will provide you with a guesstimate of extension leads. This also applies for distances between equipment that is connected via cabling, if you require specific cable lengths then you must tell us prior to your collection date.
    You must provide us with the following information to have a confirmed booking in the system.
  • Full Name, Full Address, Email Address and Mobile Phone Number (also Venue Address if applicable)
  • An Additional Back Up Contact Mobile Number and Name
  • The Name and Details of the Person Collecting/Returning your Equipment if this is Not You – we reserve the right to cancel your booking at time of pick up if this is not adhered to
  • Signed Confirmation/Deposit/Full Payment forwarded at least 72 hours prior to your pickup
  • If you are picking up the equipment yourself, standard policy would be that you pay on collection of equipment. You can pay prior if you wish to do so.

Identification – The Hirer agrees to allow the Owner to take a photograph of the Hirer for security reasons & photographic identification purposes.

Other Important Information for all bookings
It is your responsibility to understand the vehicle requirements for the collection of equipment, please ensure that you ask us if you are unsure at all. You are responsible for providing tie down straps, appropriate transport that prevent damage to our equipment – see damages in terms and conditions overleaf. It is your responsibility to understand the cabling and connections provided as part of your hire, should you plan to connect any external equipment of your own to ours, you must ensure that software requirements are up to date, inputs and outputs are available.

If you require a how to guide, you must let us know. All of our equipment is updated to the latest firmware and software, therefore any external equipment you connect must be too. All cables must be returned rolled and clean or a $20 rolling fee will apply per 10 leads.

Please note it is policy for us to take a photocopy of your driver’s licence both back and front when hiring equipment from us, this will be done on equipment collection. We will also take a photo of you when collecting the equipment for identification purposes, you will be on CCTV and we will take your vehicle registration details.

We stand by the quality of our equipment and the professionalism of our employees, and we offer 24-hour phone support should in the unlikely event our equipment fails. It is your responsibility to notify us of any issues and allow enough time prior to your event to set up your equipment, ensure that you are familiar with how it all works and ask any questions about anything you are unsure of at the time or prior to your pickup.

Equipment pickup times and normal delivery hours are Monday to Friday 10am to 4pm. Deliveries and collections outside of these hours will be classes as after hours. Pickup times on a Saturday are 10am to 12:30pm.

E-POWER AUSTRALIA PTY LTD
ABN: 15 147 398 427