TERMS AND CONDITIONS OF HIRING with J.J Hurst and N.N. Nguyen Trading As Black Dog Camera Hire, Shop 13b – 803 Stanley Street, Woolloongabba, Brisbane, Queensland 4102.
Below are the Terms and Conditions you agree to when renting from us and you agree that you have read and understand them. You will be asked to conﬁrm such by signing your rental agreement in person and/or signing a courier (including Australia Post signature on delivery) and/or by ticking the conﬁrmation box during the online booking process.
BOOKING PREPAYMENTS, STANDBY & CANCELATIONS
All bookings are considered as standby bookings if not prepaid. If the booking has not been prepaid in full we may cancel or substitute your booking if a prepaid booking is taken. All prepaid bookings take priority.
If you cancel your prepaid booking before 21 days out from your booking date we will retain 20% of the prepayment and refund 80% within 14 days.
If you cancel your prepaid booking before 14 days out from your booking date we will retain 50% of the prepayment and refund 50% within 14 days.
If you cancel your prepaid booking before 7 days out from your booking date we will retain 70% of the prepayment and refund 30% within 14 days.
If you cancel your prepaid booking before 48 hours out from your booking date we will retain 80% of the prepayment and refund 20% within 14 days.
If you cancel your prepaid booking before 24 hours out from your booking date or you are a no show, we will retain 100% of the prepayment and refund 0%.
Alternatively, we may elect by mutual agreement to provide a full or partial rental credit for a specified time on a case by case basis.
Black Dog Camera Hire shall not be liable for any damages or liability as a result of the renters use or misuse of the equipment and you agree to indemnify Black Dog Camera Hire. The renter indemniﬁes Black Dog Camera Hire for any such liability, even if the rented items are subsequently found to be faulty.
All equipment released for hire has been checked, cleaned and regularly serviced. Every effort has been made to ensure that it is in full working order when it leaves Black Dog Camera Hire premises. Black Dog Camera Hire recommends that the Hirer makes their own checks and tests the equipment hired before leaving the premises of Black Dog Camera Hire or if delivered by Black Dog Camera Hire Staff or Courier, before the staff member or courier departs the delivery address. Should the equipment fail due to a manufacturing fault during the rental period, we will endeavour to provide a replacement or similar item as soon as possible during business hours, but cannot guarantee to do so as this is subject to availability. I some cases we may agree to open the shop out of trading hours to swap out the equipment if a replacement is available and at the discretion of management.
You agree you have sufﬁcient skill and knowledge to operate the hired equipment correctly and not to cause the equipment damage. In the event of faulty equipment that has been caused by misuse or damage by the hirer or any person while on rent by the hirer and if a swap out has been requested by the hirer that is outside of our trading hours, and if Brisbane Black Dog Camera Hire agree to open the shop to facilitate the swap out, then any after hours surcharges will be applicable up to a $110 fee.
In the event of a reported fault of equipment hired and if Black Dog Camera Hire has delivered the equipment as part of the original rental agreement (not courier), then a staff member we attend the to the customer/renter on-site within 15 klms of Woolloongabba QLD at nil surcharge if prior to 7pm Monday to Friday (excluding public holidays), however, in the event the equipment is found not to be faulty or has been damaged by the renter or any other person or event while on rent in any way that has caused the fault, then an after hours surcharge is applicable up to $110, plus delivery / call out surcharge will apply * See surcharges section.
The renter agrees to pay a $110 fee plus any further surcharges applicable in the event of the reported faulty equipment turns out NOT to being a manufacturing fault and is deemed by us as user error or the result of damage to the equipment while on rent to the renter, no matter who or what event caused the damage while in the renters care.
After hours opening: Between 9:00pm – 7:00am (7 days a week), the opening surcharge is $110.00 All other times outside of normal opening hours, the opening surcharge is $90.00
Delivery during general trading hours (subject to staff availability) from Woolloongabba QLD 4102 within 10 klms – $45 within 15 klms – $62 within 20 klms – $75 > 20 klms – POA
CONDITIONS OF USE
The renter is not to use the equipment in circumstances where it may be affected by rain or other corrosive atmospheric conditions. The renter is not to take the equipment out of Australia without prior knowledge and written approval of/by Black Dog Camera Hire. The renter shall return the hired items to Black Dog Camera Hire in the original condition as rented from Black Dog Camera Hire. The renter shall be liable for all damage to the items including but not limited to loss, impact damage, paint chips, ﬁre, scratches, fungus. The renter is responsible for checking the rental agreement and account for equipment rented. Rented items not returned as per the rental agreement will be deemed to be lost and the renter will be charged for the replacement of the goods. This includes but not limited to items such as cables, lens caps and covers.
Incorrect entries on a rental invoice must be brought to the attention of Black Dog Camera Hire personal before leaving the premise of Black Dog Camera Hire when collecting rental equipment. The renter agrees that while the rented equipment is on rent by the renter, the renter is liable for any and all loss that is not covered by Black Dog Camera Hire’s Insurance Policy with our Insurer (example might be traveling overseas). The renter agrees that all replacement costs will be take from the value obtained from JB HI-FI or Ted’s Camera House. The renter agrees that valuations based on grey imports and/or ebay prices will not be acceptable valuations of equipment. The renter agrees that all repair assessments will be those provided by Canon Australia and/or Camera Tech Repairs, Brisbane City.
The renter agrees hire periods are calculated on a 24-hour “time out” bases, from Black Dog Camera Hire’s operating address at Shop 13b, 803 Stanley Street, Woolloongabba, Brisbane QLD 4102 to the time of return to the premises. If you are late returning, including attempted return after general trading hours of Monday to Friday 9:00am to 6pm, Tuesday 9:00am to 5:00pm and Saturday 9:30am to 1:00pm, then further daily rental fees will apply.
The renter agrees shipped or delivered items in transit forms part of any rental period. The hire commences at the time the equipment is booked to be collected from Black Dog Camera Hire and ﬁnishes when the equipment is returned.
Weekend hire is a 3 day period which begins at 12pm on a Friday afternoon and ﬁnishes at/by 12noon on the following Monday. 2 day hire is any 48 hour period timed as per two day hire. Weekly hire is any seven (7) day period timed as per one day hire. Monthly hire is any four (4) week period equal to 28 days consecutive hire. The renter agrees if equipment is due to be returned on a Sunday or Public Holiday, the renter shall pay the additional one day/days hire, unless alternate return has been organised prior and it documented on the rental agreement.
The renter agrees that a signed return slip issued by Black Dog Camera Hire will be issued when the hirer or a representative of the hirer returns all the rented equipment and this is their proof of returning the equipment. The renter agrees that Black Dog Camera Hire has 72 hours to notify the renter of any damage that has been discovered that the renter will be liable for, when the equipment is tested after return. This applies even if a return docket has been issued stating “No damage” upon return of the rented equipment.
The renter agrees, equipment is hired and bookings taken are subject to availability. If equipment which has been booked and pre-paid becomes unavailable, then Black Dog Camera Hire will endeavour to provide similar equipment at the agreed time, but cannot guarantee to do so. Availability of equipment to honour bookings depends on the prompt return of the equipment in working order from previous hirer’s.
In the event the booked equipment is unavailable, you agree Black Dog Camera Hire reserves the right to offer similar equipment and if similar equipment is not suitable, Black Dog Camera Hire’s limit of liability is for a refund of unused rental fees up to and including a full refund if the rental period has not commenced. The renter agrees that a 100% refund of any funds paid to Black Dog Camera Hire is Black Dog Camera Hire’s total liability in all and any circumstances.
You may pay the booking fee by direct deposit to:
Black Dog Camera Hire
Account #: 10396790
Ref: Please use your order number or surname
The renter agrees that an extension can only be granted if the equipment is not otherwise booked for the same period. If a rental extension can not be granted the equipment must be returned as per the rental agreement (including any prior extensions).
The renter agrees that Black Dog Camera Hire may charge the hirer’s credit card (or direct deposit at least 1 full weekday before rental expiration) for the extra days rental as agreed. The renter agrees to telephone on 07 30360997 and/or 0414717817 to conﬁrm the extension is excepted and agrees to email an extension request to firstname.lastname@example.org in writing within 24 hours of calling for an extension conﬁrmation, if grated. If the renter fails to return any of the rented equipment at the end of the agreed rental period, without obtaining an approved rental extension, then a full 1st day hire fee is payable for each day (2 to 24 hours) overdue.
SSD, CF and SD MEMORY CARD RENTALS
The renter agrees that images and video on memory card/s are sometimes recoverable even after formatting. The renter releases Black Dog Camera Hire of any damages and liability occurring from any publication in any way, by any person or persons, of images or video that might be copied, transferred and/or recovered from the SSD/CF/SD Memory card/s rented to a customer by Black Dog Camera Hire.
Further, you agree that Black Dog Camera Hire is not responsible for any errors, loss of images or corrupt ﬁles, that may occur from the use of rented SSD, CF, SD, Cfast and any other form of memory device rented / hired from Black Dog Camera Hire.
ENFORCEMENT OF RENTAL AGREEMENT
The renter agrees if fraud or theft is a possibility or suspected at any time in relation to any un-returned equipment hired, then the matter will be turned over to the Police to investigate. Further, the renter agrees that Black Dog Camera Hire retains the right to register your rental agreement with the Australian Customs Service, or any other authority or credit agency for the speciﬁed rental period or non return period. Any attempt to leave the country with rented equipment will be considered theft (unless authorised in writing from Black Dog Camera Hire).
The renter agrees that failure to return the equipment on time, will result in Black Dog Camera Hire requiring payment for any overdue days/hours or rental fees. The renter agrees and permits Black Dog Camera Hire to charge the renters credit card every 24 hours in addition to any amount held on a pre-authorisation, for any extra days or part days of rental fees due, until the equipment is returned. The renter also agrees that Black Dog Camera Hire may also action any credit card pre-authority and draw the funds from the pre-authorisation. The renter agrees that if the renters credit card payment fails for any reason or Black Dog Camera Hire does not hold the renters credit card details on ﬁle, the renter agrees provide alternate payment within 48 hours.
The renter agrees that if the renter fails to provide payment for an extension and/or fails to return, up to and including 8 (eight) days of any un-returned rental equipment as per the return date speciﬁed on the rental agreement, then from the 9th (ninth) day from the speciﬁed return date on the rental agreement, then the
renter will also be liable for any legal, repossession and debt collection costs and the renter agrees to pay the minimum enforcement cost of $440.00 that will be due and payable upon the 9th (ninth) day from the speciﬁed return date, of any nonreturn of items on the rental agreement and the renter agrees this is a minimum enforcement fee and enforcement fee may exceed this amount without further notice to the renter.
The renter agrees that if the renter fails to provide full replacement cost payment within 9 (nine) days from the agreement return date as speciﬁed on the rental agreement, the renter will be subject to repossession action and/or legal action of all the un-returned equipment rented. The renter agrees that Black Dog Camera Hire and/or it’s appointed representatives have the renters authority and permission to enter the renter premises as speciﬁed on the rental agreement and/or any other dwelling or premises the renter subsequently reside in or operates from in the Commonwealth of Australia for the purpose of repossessing or attempting to repossess any rented equipment as speciﬁed in the rental agreement, notwithstanding knowledge of the rented equipment being the the dwelling / premises.
The renter agrees, should the renter or any other person at the speciﬁed address on the rental agreement and/or any other dwelling or premises the renter subsequently reside in or operates from in the Commonwealth of Australia, refuse or fails to allow entry and the renter agrees this includes no one being in attendance at the time Black Dog Camera Hire and/or it’s appointed representatives are in attendance for repossession purposes, have the renters authority and permission to enter the renters premises as speciﬁed on the rental agreement and/
or any other dwelling or premises the renter subsequently resides in or operates from in the Commonwealth of Australia, for the purpose of repossessing or attempting to repossess any rented equipment as speciﬁed in the rental agreement, with the assistance of a locksmith to enter the property and to remove door locks, doors and/or hinges to gain entry. The renter agrees that Black Dog Camera Hire and/or it’s appointed representatives will not be liable for any damaged caused by locksmith entry and the renter agrees the renter will be liable for these damages to whomever may have a claim with regards the damages.
The renter agrees that this “entry to premises” provision in this agreement are irrevocable and remain in effect until the equipment has been recovered or payment to satisfy this agreement has been completed.
The renter agrees the renter will remain liable for any overdue rental fees, unreturned equipment, un-recovered equipment, damaged returned equipment or damage recovered equipment until Black Dog Camera Hire is made whole from this agreement.
The renter agrees the renters details, including name, address, phone number, unpaid amount and any rental incidents for damage or otherwise, overdue fees or any other payment outstanding for more than 14 days, may result in the renter being placed on a “banned future supply list” that maybe published and communicated to other rental businesses and credit agencies within Australia. Even if the outstanding amount is later paid to ourselves or another rental business or credit agency, we reserve the right to maintain a ban to rent to a customer based on the customers character and suitability to hire.
If after 14 days from the speciﬁed return date on the rental agreement (excluding any paid and granted rental extensions), the renter has not returned any part or all of the hired equipment. The renter agrees this will be considered as possible fraud or theft and the matter will be reported to the Police as such.
In the event of an insurance claim made to our insurer in relation to equipment rented out; The renter is liable for the ﬁrst $750.00 of any damage or loss and is payable to Black Dog Camera Hire by the renter/hirer upon the scheduled return or upon early return.
In the event of damage or loss the renter/hirer agrees to pay the applicable amount and complete all paperwork required by our insurer for any insurance claim. Our insurance coverage with our Insurer is Australia Wide. In the event of damage, the renter/hirer must return the equipment no matter the condition, so it can be identiﬁed by serial number (if applicable / able). In the event of theft or loss of any equipment the renter/hirer must report the matter to the police and obtain a report number
Black Dog Camera Hire’s insurers do not provide cover outside of Australia, The renter agrees the renter has the option to take out separate insurance coverage for overseas coverage with the renters own insurer, however any loss or damager must be paid in full by the renter at the end of the hire period and the renter will be responsible for making their own claim with their own insurer in this event. You agree you will complete insurance claim paperwork if/when directed in a timely manner and cooperate with us and our insurer with regards any insurance claim and in the event of a completed insurance settlement, you will be liable for the excess of $750.00, otherwise you will be liable for the full repair / replacement costs.
The renter agrees, nil cover at all is offered outside Australia and the renter must provide separate Travel Insurance coverage and maintain the coverage and provide documentation to Black Dog Camera Hire.
SIGNATURE BY ELECTRONIC MEANS
The renter agrees by signing the rental agreement set out by Black Dog Camera Hire, They agree to all the terms and conditions above. Signing this Rental Agreement, in person or an agent on your behalf, including signing a courier delivery conﬁrmation is considered a contract to hire.
Completing a booking online is considered a contract to hire.
EMAILS FROM US
You agree we will add you to our email list and send you information and promotions from time to time. You may opt out via the email system.
WE RETAIN THE RIGHT TO REFUSE TO RENT / HIRE TO ANY PERSON WITHOUT NOTICE. IN THIS EVENT WE WILL REFUND ANY DEPOSITS PAID