Byron PA Hire – Terms & Conditions

Definitions

Equipment refers to all items hired from the owner to the hirer, including accessories, cases, covers, cables, protective bags, and packaging.
Hirer means any individual or entity requesting or hiring equipment from Byron PA Hire.
Owner refers to JS & ES PTY LTD t/a Byron PA Hire and Audio Visual (ABN 18 610 546 640), including its employees and agents. Byron PA Hire operates from Unit 36, Billinudgel Mini Storage, 19 Bonanza Drive, Billinudgel NSW 2483.
Terms means these Terms and Conditions of hire.

Ownership and Alteration of Hire Goods

All hired goods remain the property of Byron PA Hire at all times.
Byron PA Hire reserves the right to alter, vary, or substitute any item with an item of similar type and value without prior notice.
All hires are subject to stock availability.
Byron PA Hire reserves the right to refuse service to any client who is abusive, threatening, or unreasonable, in compliance with anti-discrimination laws.

Pricing

Unless otherwise stated, all prices exclude GST.
Prices are based on a standard 24-hour hire period unless otherwise agreed in writing.

Minimum Order Amount

All hires are subject to a minimum order value of $100.
Orders placed below the minimum amount may be charged the difference to meet the minimum order value.
Orders may be cancelled within the applicable cancellation period to avoid the minimum order charge.

Late Returns and Additional Charges

Equipment returned after the agreed hire period may incur additional hire charges.
The hirer is solely responsible for ensuring Equipment is returned within the agreed hire period.
Equipment must be returned in the same condition as supplied, allowing for fair wear and tear.
All cables must be rolled correctly, Equipment returned to its cases or bags, and Equipment returned clean.
Labour required for de-prepping, repacking, or cleaning may be charged to the hirer.

Payment

Full payment is required prior to the commencement of the hire.
Accepted payment methods include credit card and bank transfer.
Bank transfer payments must be completed prior to the hire period, with proof of payment provided.

Cancellations

Cancellations made within 24 hours of the event date or after delivery will be charged at 100% of the hire fee.
Cancellations made less than 48 hours before the event date may be charged at the full rate, with credit issued at the owner’s discretion.
Cancellations within 7 days of the event date will be charged 50% of the total hire fee.

Claims

Any claims relating to the condition or performance of Equipment must be raised at the time of delivery or collection.
Claims raised after the conclusion of the event may not be accepted.

Acceptance of Equipment Condition

Collection or acceptance of the Equipment constitutes acknowledgment that the Equipment is supplied in good working order and acceptable condition, unless otherwise noted in writing at the time of collection or delivery.

Terms of Payment

The hirer agrees to pay all hire charges, fees, and associated costs in accordance with these Terms.
A refundable security deposit may be required and will be returned once Equipment is returned complete, undamaged, and in good working order.

Loss or Damage to Equipment

The hirer assumes full responsibility for the Equipment from the time of delivery or collection until it is returned to Byron PA Hire and accepted as complete and undamaged.
The hirer must immediately notify the owner of any loss, theft, breakdown, or damage to the Equipment.
The hirer is liable for all reasonable costs associated with loss or damage to the Equipment, including accessories, cases, covers, cables, and protective bags.
Chargeable costs may include repair costs, replacement costs where repair is not viable, cleaning costs, and hire charges for the period the Equipment is unavailable.
Damage does not include fair wear and tear. Any damage that renders Equipment or accessories unusable or unsuitable for rehire will be deemed chargeable.
Replacement costs will be based on the reasonable market or supplier cost of equivalent items at the time of replacement.

Security Deposit and Credit Card Authority

The hirer authorises Byron PA Hire to retain a refundable security deposit or securely store credit card details for the purpose of covering unpaid charges, loss, damage, cleaning, repair, or replacement costs.
The hirer expressly authorises Byron PA Hire to charge any credit card provided, including a card kept on file, for outstanding hire charges, late return fees, loss or damage to Equipment or accessories, cleaning, repair, or replacement costs, and reasonable administrative or recovery costs.
Charges may be applied during or after the hire period.
Where practicable, Byron PA Hire will notify the hirer and provide a breakdown of charges; however, failure to provide prior notice does not invalidate the hirer’s liability.
All charges will be limited to reasonable costs actually incurred and will not be punitive.
This authority survives the return of the Equipment and the conclusion of the hire period.

Credit Card Fees

A credit card surcharge of 1.7%–2.2% may apply depending on the card type.

Use and Suitability of Equipment

The hirer is responsible for ensuring the Equipment is suitable for their intended use.
Byron PA Hire makes no warranty that the Equipment is fit for a particular purpose beyond its standard operational function.
Performance may be affected by environmental conditions, power supply, venue restrictions, or operator competence.

Third-Party Use

The Equipment must not be sub-hired, lent, or transferred to any third party without prior written consent from Byron PA Hire.
The hirer remains fully liable for the Equipment at all times regardless of who uses or controls it.

Limitation of Liability

To the maximum extent permitted by law, Byron PA Hire’s liability for any loss, damage, or injury arising from the hire or use of Equipment is limited to the replacement value of the Equipment hired.
Byron PA Hire is not liable for indirect, consequential, or economic loss, including loss of profit, loss of business, or event cancellation costs.
Nothing in these Terms limits rights that cannot be excluded under Australian Consumer Law.

Chargebacks and Payment Disputes

The hirer agrees not to initiate a chargeback or payment dispute without first contacting Byron PA Hire to attempt resolution.
Where a chargeback is raised for charges validly applied under these Terms, the hirer is liable for any chargeback fees incurred by Byron PA Hire.

Force Majeure

Byron PA Hire is not liable for failure or delay in performing its obligations due to events beyond its reasonable control, including acts of God, extreme weather, power outages, government restrictions, transport disruption, or industrial action.
In such circumstances, Byron PA Hire may reschedule the hire or issue a credit at its discretion.

Termination of Hire

Byron PA Hire may terminate the hire agreement and repossess Equipment if the hirer breaches these Terms, including non-payment or misuse of Equipment.

Hirer’s Obligations

The hirer must use the Equipment safely, correctly, and only for its intended purpose.
Equipment must be kept secure and protected from loss, theft, or damage at all times.

Release and Indemnity

The hirer releases and indemnifies the owner against all claims, losses, or damages arising from the hire or use of the Equipment, except to the extent caused by the owner’s negligence.

Insurance

The hirer is responsible for maintaining appropriate insurance coverage for loss, damage, and liability relating to the Equipment.

Delivery, Pickup, and Access

Additional charges may apply for difficult access, stairs, long distances, heavy items, or multi-person setups.
Out-of-hours delivery or pickup must be arranged in advance and may incur additional fees.

Operating Hours

Published operating hours do not guarantee availability for delivery, pickup, or return.

Governing Law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

Agreement

By placing an order, making payment, or taking possession of the Equipment, the hirer confirms that they have read, understood, and agree to be bound by these Terms and Conditions. The hirer must be at least 18 years of age or have legal guardian consent.