N E W TO N E M U S I C agrees to hire equipment to you on the basis of the following:
Using the Equipment
- Each person using the equipment is an adult, who warrant that they are able to safely use the equipment and they hold appropriate experience, licenses, and qualification.
- The equipment is only to be used safely (using appropriate protective equipment), skilfully, in accordance with all applicable laws and regulations and for its intended purpose.
- The equipment is not to be misused and is to be returned clean and in good working order.
- Subject to law, use of the equipment is at your own risk and N E W TO N E M U S I C is not liable for any damage or injury caused by the equipment.
- You must not modify, repair or change the equipment.
- Subject to law, if the equipment breaks down, N E W TO N E M U S I C 's liability will be limited to refunding an appropriate part of the hire fee or providing replacement equipment.
- You must ensure that the equipment hired is suitable for your intended purpose. We reserve the right to refuse or cancel the hire of equipment where we suspect the equipment may be used for an illegal, anti-social, nuisance or political purpose.
- Ownership of the equipment will not pass to you.
- A security deposit of $200 and personal information is required. Please see our https://www.newtonemusic.com.au/privacy-policy.html for more information. This deposit can be provided by Cash, EFTPOS, Credit Card, Debit Card, or Direct Debit Bank Deposit. Please note that Credit Card deposit returns can take several days to process, depending on your bank.
- Late fees:
- You may be charged a late fee equivalent to the actual hire period incurred (ie: if you specify the 1-4 Hours $25 hire but return your hire in the 4-12 Hour $35 hire period, we reserve the right to charge the greater rate applicable.
- You will be charged for repair or replacement if the equipment is returned damaged.
- N E W TO N E M U S I C is entitled to enter your premises to recover the equipment or charge you the cost of the equipment if you don’t return it.
- You may be required to pay for cleaning or replacement consumables.
- You indemnify N E W TO N E M U S I C for any costs, damages or claims arising from your use of the equipment in breach of these terms and conditions.
Other Terms and Conditions
We also require a security deposit of $100.
If there are other terms and conditions that apply to your hire item then we provide these to you and they will apply in addition to the above.
The hirer must pay a non-refundable damage waiver fee on or before commencement of the hire and prior to any extension of hire. The damage waiver fee is not an insurance cover; but an agreement by the Owner that in some circumstances the Hirer’s liability for damage to the vehicle will be limited to an amount totalling two thousand dollars ($2000). Payment of the damage waiver fee only limits the Hirer’s liabilities for damages to the vehicle and not for other liabilities including but not limited to the load or goods carried by the vehicle, personal property left in the vehicle, and the property of any other person. The limitation of liability shall not apply when:
- The damage is caused by use or operation of the vehicle in contravention of any conditions in the agreement.
- The vehicle is lost or stolen by reason of negligence or with the complicity of the Hirer as determined by independent investigation.
- The loss or damage occurs due to the vehicle being overloaded or incorrectly loaded or used for a purpose for which it was not designed.
- The vehicle is driven, towed or used by a person other than the Hirer or a person named hereon.
- The vehicle is driven or used on an unsealed road, track or pathway
- The vehicle is driven by the Hirer who is under the influence of a drug, or whose blood alcohol concentration as determined by breath test exceeds that permitted by law or who upon requirement lawfully made by a Police Officer in connection with his driving, towing or use of the vehicle fails to provide as prescribed a specimen of breath or blood for analysis.
- The Hirer is in breach of any condition of this agreement
In the event of an accident, all towing costs must be paid for by the hirer to transport the vehicle back to returned to us.
It is illegal to tow a trailer that has a combined weight of trailer and load over 2 tonne on a trailer with brakes. It is also illegal to tow with a combined weight of trailer and load over 750kg with a trailer that has no brakes. Not all tow bars or vehicles can tow some of the above trailers safely and comply with the law. If you are unsure on what your vehicle can carry, please either check your vehicle owners manual or visit your dealer where you purchased your vehicle or you can even visit a tow bar manufacturer for their opinion on what your vehicle can safely tow.