TERMS AND CONDITIONS OF TRADING of THE PRODUCTION KIT COMPANY PTY LTD

AGREEMENT TO HIRE
PKC has agreed to hire the Equipment to You on the terms and conditions set out in this document, including the attached Hire Agreement. These terms and conditions constitute a binding contract between You and PKC, and replace all previous agreements or understandings between You and PKC.

HIRE CHARGES
Each piece of Equipment specified in the Hire Agreement is hired by You at the daily or weekly rates specified. The daily rate will be charged for all or part of a day on which the Equipment is hired to You or is in Your possession, custody or control. For the purposes of this Hire Agreement, a “day” is from 9am until 4.30pm, and a “week” is 7 consecutive days. Unless otherwise agreed in writing between the parties, You will be charged for hiring the Equipment from the time the Equipment leaves PKC’s premises until the end of the specified hire period or until the time the Equipment is returned to PKC, whichever is later. You will be liable to reimburse PKC for all delivery costs, stamp duty and any other taxes (including GST) applicable and other expenses which PKC may be liable to pay in respect of the hire of the Equipment to You.

PAYMENT
PKC will issue You with an invoice for the total hire charges (including expenses and taxes referred to in 3.4) at the end of the hire period (including any extensions of that period). If You have hired Equipment for more than 2 weeks, PKC may issue You with invoices at the end of each fortnight of hire. All invoices are payable within 7 days from the date on the invoice unless otherwise specified.

COLLECTION & RETURN OF EQUIPMENT
You must return all of the Equipment hired by You at the end of the hire period stated in the Hire Agreement in good working condition. If the Equipment is not returned by this time, resulting in PKC incurring costs and/or expenses in order to meet its obligations to subsequent hirers, you will be invoiced for those costs and expenses. You are responsible for collecting and returning the Equipment from and to PKC’s premises. Collection and return of the Equipment is at Your risk and expense.

USE OF THE EQUIPMENT
You and Your employees are the only persons permitted to use the Equipment during the period of hire. The Equipment may not be hired to or used by third parties. The Equipment must not be taken interstate or overseas, or used for aerial or underwater photography, without PKC’s prior approval. Any such approval may be given with or without conditions, save that the following minimum conditions will always apply: If You are travelling by air and You have hired a camera, it must be taken on board as cabin baggage (unless otherwise agreed with PKC in advance); and If the Equipment is to be used in a helicopter, it must be securely anchored to the helicopter. You must keep the Equipment safe at all times, and ensure that the Equipment is handled and used in a proper manner by people with the appropriate experience. The Equipment must not be left unattended at any time. You must not use the Equipment, or allow the Equipment to be used in dangerous or hazardous circumstances.

CANCELLATION & TERMINATION
If You cancel an agreement for the hire of Equipment within 48 hours of the time specified in the Hire Agreement for collection of the Equipment, You will be liable to pay 50% of the hire charges for the period specified in the Hire Agreement. PKC may terminate the Hire Agreement at any time without notice if:
(a) You do, permit to do or fail to do anything which prejudices or may prejudice PKC’s rights in the Equipment;
(b) You fail to pay the hire charges; or
(c) You breach any of these terms and conditions.

LIABILITY
In the event that all or part of the Equipment is lost, stolen or damaged during the period that the Equipment is hired to You or is in Your possession (not including normal wear and tear), you will be liable as follows:
(a) if PKC is unable to fulfil its obligations to subsequent hirers as a result of any Equipment being lost, stolen or damaged, you will be liable for any and all costs and expenses incurred by PKC to enable it to meet those obligations;
(b) if PKC makes a claim against any insurance policy held in respect of the Equipment (which decision is in PKC’s absolute discretion) in relation to any loss, theft or damage arising out of or relating to the hire of the Equipment by You, You will be liable to pay PKC the sum of $1,500, representing (amongst other things) loss of hire fees by PKC and insurance excess;
(c) if for any reason PKC’s insurer denies liability for the damage to or loss or theft of any Equipment, or if by Your conduct or the conduct of any of Your employees or agents (either directly or indirectly) PKC is excluded from making a claim under any insurance policy, You must compensate PKC for the full replacement cost of the lost, stolen or damaged Equipment; and
(d) You fully indemnify PKC in relation to any costs and/or expenses arising out of the damage to, or loss or theft of any Equipment.
You must immediately notify PKC of any damage to, or loss or theft of any Equipment. PKC shall not be liable to You or Your employees, officers or agents for any direct or indirect loss, injury or damages of any nature, including but not limited to loss of production, loss of sales, expenses or damage to equipment, relating to or arising out of the hire of the Equipment by you. You hereby agree to indemnify and keep indemnified PKC, its employees, officers and agents, in respect of any claim, action, suits and demands brought by third parties arising out of or relating in any way to Your use of the Equipment.

GENERAL CONDITIONS
Subject to clause 9.2, the terms of this Hire Agreement may only be varied or amended by agreement in writing between You and PKC If You require an extension of a Hire Agreement, PKC may give its consent without issuing a written confirmation. In those circumstances, You agree that you are liable for the hire charges for the extended hire period. Failure by PKC to insist upon strict performance by You of any of Your obligations under this Hire Agreement does not constitute a waiver of PKC’s rights in relation to those or any other obligations. Except as required by law, PKC gives no warranty as to the performance of the Equipment, its suitability or fitness for purpose and all statements or representations express or implied relating to the Equipment, its quality or fitness for any purpose are excluded. Nothing in this document is to be construed as excluding, restricting or modifying any warranty implied by the Trade Practices Act (1975). Any liability of PKC’s in respect of a breach of a warranty implied by the Trade Practices Act is limited at PKC’s sole discretion to: the re-hire of the Equipment; or the cost of the hire of Equipment.