Terms & Conditions

The following Terms and Conditions govern the relationship between KINGPIX Pty Ltd (ABN

85 601 878 380) (referred to as “our”, “we” and “us”) and you, including but not limited to,

the use of our Equipment (and Services):

Definitions

In these terms and conditions unless the context otherwise requires:

(i) “the Company” means KINGPIX Pty Ltd, A.B.N. 85 601 878 380 (trading as Your Gear) which

expression shall include any or all related companies, or any subsidiary, successor and/or assignee of

KINGPIX Pty Ltd.

(ii) “the Customer” means a person or corporation (including their successors, representatives and

permitted assign) hiring Equipment or engaging other Services from the Company. Where there is more

than one Customer, the covenants on their part contained herein shall be deemed joint and several

covenants.

(iii) “Deposit” means ten-percent (10%) of the Hiring Fee which is immediately due and payable upon

the Customer placing an order for any Equipment or Services, via the Company’s website or email.

(iv) “Equipment” means all and any photographic, film, audio or video equipment or any other goods,

materials and accessories of any kind whatsoever, hired by the Customer from the Company, or supplied

by the Company to the Customer. This includes, but is not limited to, any equipment or Services (as

that term is defined below) listed in an invoice, quote or other written notice issued by the Company.

(v) “Hiring Fee” means the total fees payable by the Customer, in relation to the hire of the Equipment

and/or Services, as outlined in the invoice issued by the Company.

(vi) “Services” means the provision of lighting services and other services as determined by the

Company from time to time.

1. General Conditions

Payment of any part of the Deposit and/or the Hiring Fee by the Customer, or the Customer’s agent,

constitutes total acceptance of these Terms and Conditions. Any order placed by the Customer with the

Company (whether via the website or email) is deemed to be an order that validly incorporates these

Terms and Conditions. In the event any inconsistency arises between a Customer’s order, these Terms

and Conditions will prevail

2. Hiring, Collection and Return of Equipment

The Company agrees to hire the Equipment (or Services) to the Customer for the agreed term (as that

term is agreed to between the parties in the applicable invoice or otherwise in writing) and the Customer

agrees to accept the Equipment, on hire, and pay the relevant Hiring Fee and Deposit. The Hiring Fee

must be paid in full prior to the Equipment leaving the Company’s premises, unless otherwise agreed

to in writing by the Company. Should the Customer fail to return the Equipment by the due date and

time (i.e., at the conclusion of the term), the Customer will be liable for additional Hiring Fees which

will be calculated on the same daily hire charge rate relevant to each of the Equipment concerned, for

each day the Equipment remains overdue and unreturned to the Company. If the Equipment is being

returned via courier or other shipping service and the Customer/Equipment is not ready at the time of

pick-up, additional charges will be incurred. Should the Customer not return Equipment 24 hours after the due time, without prior arrangement with the Company, the rented goods will be considered stolen

and the relevant law enforcement agency (i.e., the Police) will be notified. The rental charge will

continue until all Equipment is returned. Any carriage or packaging charges will be charged to the

Customer. The Company does not accept any liability, consequential or otherwise, for any delay in

transit causing late arrival of any Equipment.

Unless explicitly arranged with the Company, the Customer is responsible for arranging and paying for

the return delivery on all Equipment and hired items. The Customer is responsible for making sure that

any return delivery arranged ensures that all hired items arrive back with The Company by the specified

return date and time.

3. Lost or Damaged Equipment

All Equipment hired from the Company must be returned in a complete, working and undamaged

condition. Any lost, unreturned, or damaged Equipment will be charged to the Customer. If insurance

has been arranged with the Company, repairs or replacement costs will be limited to the insurance

excess, provided the terms and conditions of ‘Customer Limitation of Liability’ are met (see terms as

listed below at clause 8). Any deliveries arranged by the Customer will be at the Customers risk.

In the event of cancellation where payment has already been made, a credit card fee of 1.75% will apply

if payment was made with Visa or Mastercard, or 3.5% if payment was made with American Express

or other credit card. No fee will apply for EFT or Direct Transfer payments.

4. Cancellation

Except where otherwise agreed by the Company, cancellation of any booked or reserved Equipment (or

Services) within forty-eight (48) hours of the time specified for collection for any reason whatsoever

(“Late Cancellation”), will see the Customer incur a cancellation fee equal to 50% of the Hiring Fee

from the period originally booked or reserved (“Cancellation Fee”). In the event of a Late Cancellation,

the Company will invoice the Customer for the Cancellation Fee, which will be due and payable within

seven (7) business days upon receipt. The Customer acknowledges and agrees that the Cancellation Fee

is reasonable and necessary to protect the Company’s commercial interests.

Any cancellation made, in writing, 72 hours or more, prior to the time specified for Equipment

collection, will not result in any cancellation fees (“Standard Cancellation”). In the event of a Standard

Cancellation, the Customer will be refunded the Deposit.

5. Payment

The Deposit must be immediately paid upon placing an order for Equipment. The Hiring Fee(s) must

be paid in full, prior to the Equipment leaving the Company’s premises, unless otherwise agreed to in

writing by the Company or where a valid Credit Account has been established by the Company. All

payments may be made by credit card, debit card, cash or PayPal, and in accordance with the

Company’s payment instructions (as issued by the Company). Credit Accounts will only be opened

where warranted by the Customer’s volume of business and where the Customer can establish its credit

worthiness to the satisfaction of the Company (at the Company’s sole discretion). All first time rentals

of Equipment are on a COD basis, unless they are to be shipped. If any Equipment is to be shipped, first

orders are to be pre-paid. Suitable photo ID and credit card details are required for all COD orders, or

whenever the Company requests these details. You acknowledge

A deposit may be requested by the Company, which will be refunded upon return of all the Equipment

subject to any damage to the Equipment, missing equipment or Cancellation Fees.(1) The Company reserves the right to charge interest on overdue accounts without prior notice to the

Customer at the rate of two percent (2%) per month or at such other rate as may be fixed from time to

time by the Company, such interest to be computed from the date a payment becomes overdue until

payment of such monies is received in full (“Interest”). A certificate signed by any Director, Manager

or Secretary of the Company shall be deemed conclusive evidence of such rate of interest. The Customer

acknowledges and agrees that the Interest is reasonable and necessary in order to protect the legitimate

business interests of the Company.

(2)The Company reserves the right to set a minimum invoice value from time to time at its discretion

and reserves the right to refuse to hire any Equipment to the Customer in the event the Customer fails

to comply with the Company’s terms of payment or these Terms and Conditions.

(3) Quotes are valid for fourteen (14) days from the date of Order.

(4) The minimum hiring period for Equipment hire for use interstate is two (2) days.

(5) The Company reserves the right to engage the services of a debt collector, and pass over any client

details in accordance with the Company’s privacy policy, in relation to any overdue payments owing

to the Company. In the event the Company is required to engage a debt collector to recover overdue

payments, the Customer will be responsible and liable for all costs, expenses and fees associated with

the debt recovery.

(6) The Customer will pay to or reimburse the Company (except where such payment or reimbursement

is expressly prohibited by statue) all delivery costs, stamp duty and other government duties, taxes and

expenses which the Company may be liable to pay from time to time in connection with the hire of the

Equipment to the Customer.

6. Equipment, Risk and Insurance

1. The Equipment shall be at the Customer’s risk from the time the Equipment leaves the

Company’s premises up until the time said Equipment is returned and accepted by the

Company. Acceptance of returned equipment does not release the Customer from the

responsibility for the loss or damage of hired Equipment.

2. Unless otherwise agreed to by the Company in writing, the Customer is required to obtain and

effect a suitable insurance in respect of the Equipment and must provide documentary evidence

of such insurance prior to the hiring of any Equipment by the Customer.

3. KINGPIX Pty Ltd (trading as Your Gear) should be included and named as joint insured under

all policies of insurance, particularly “negative” insurance effected by the Customer.

4. In the event the Equipment is lost or damaged (fair wear and tear excepted) while at the risk of

the Customer, the Customer shall be liable to compensate the Company for the full replacement

cost or full cost of repairing the Equipment as the case may be.

5. If any Equipment is lost or damaged, the Customer will be responsible for hire charges up to

the time the Equipment is repaired of replaced for a maximum of 10 weeks. Customers are to

make sure adequate insurance cover is obtained to cover this contingency. The Company at its

discretion, may choose to waive these hire charges

6. The Customer and the employees or servants of the Customer are the only persons permitted to

use the Equipment and without limiting the generality of the foregoing, the Customer shall not

lend or rehire the Equipment to any other person without express permission from the

Company.

7. In the event that any items, Equipment or accessories are not returned, the Company reserves

the right to immediately charge the Customer for the full cost of replacement of all missing

Equipment. If the missing item or items are returned within seven (7) days, the Company will

refund the replacement cost.(8) If the Customer has not paid for Hiring Fee(s), additional charges for extension of hire, lost or

damage items, or any other charges relating to Services rendered to the Customer by the Company, the

Customer irrevocably authorises the Company to debit all outstanding hire, replacement, repair, courier

or any other outstanding fees from your Credit Card.

(9) The Customer is bound by the Privacy Policy of the Company, and as such, must provide the

Company with all required Identification and an authorised Credit Card at either the time of the order

or at the time of collecting Equipment.

(10) Cleaning: At the end of the hire period and before returning the Equipment to the Company, the

Equipment must be properly cleaned. Failure to do so will result in a cleaning charge to be paid by the

Customer.

7. Title of Equipment

The Customer acknowledges and agrees, that at all times:

(a) All title and ownership in the Equipment remains vested with the Company, and that the hire

of any Equipment by the Customer merely grants them a right to posses the Equipment for the

prescribed period of time (as bailee).

(b) The Customer must not engage (or attempt to engage) in any conduct which affects the valid

and good title of the Equipment, vested in the Company.

interest, encumber or otherwise part with or attempt to part with the Equipment.

(d) The Customer must not conceal, alter or make any addition or alteration to, or repair, the

Equipment.

(e) The Customer must not attempt, offer or purport to sub-let, hire or lease the Equipment to any

third-party, unless prior agreed to by the Company in writing (at the Company’ sole discretion).

8. Insurance and Customer Limitation of Liability

If at the request of the Customer, the Company agrees in writing to limit any claim for loss or accidental

damage to the Equipment, the Customer hereby agrees and accepts the following charges, terms and

conditions. The Customer acknowledges and agrees that the Company has not in any way represented

itself to the Customer as a person carrying on the business of insurance.

(A) Charges:

(1) The Customer shall pay an additional charge equal to 5% of the total Hiring Fee for the Equipment

rented for use within Australia (“Insurance Fee”). If Equipment is to be used overseas, additional

charges will be required, as notified by the Company.

(2) The Customer acknowledges that in the event of accidental damage to the Equipment, the Company

will limit the claim to the excess charged by the Company’s insurance provider in relation to each and

every claim. The current excess for claims is $750 per claim, subject to any additional fees or fee

changes (“Excess Fee”). The Customer acknowledges that the Excess Fee may change from time to

time (notification to be provided by the Company), by the Company’s insurance provider.

(B) Terms:

In the event of any damage or missing Equipment (and items) where the total cost of such damage or

missing Equipment is less than the Excess Fee, the full replacement or repair cost of the Equipment

shall be paid by the Customer. Insurance coverage and claims will be assessed by they Company’s own insurance provider. In the event a claim is refused by the insurance provider, the Customer shall be

liable for the full cost of any replacement or repair of damaged Equipment. The payment of the

Insurance Fee in no way guarantees cover, which will be determined solely by the Insurance Company.

In the event of a claim, the Customer shall pay in full, the Excess Fee, and must provide the Company

with all documentation requested, relating to the claim. This may include, but is not limited to,

documents such as Police Reports, Statutory Declarations, transportation details. In the event the

Customer fails to supply documentation required by the Company, the Company shall not be required

to cover the repair or replacement of Equipment, and the Customer shall be liable to pay all Equipment

repair or replacement costs in full.

In the event that the Insurance Fee is not paid by the Customer, the Customer shall be liable for the full

replacement or repair costs to any damaged, misplaced, or missing Equipment.

The insurance coverage does not cover damage resulting from neglect or misuse, loss of Equipment,

whether resulting from negligence or not. Accidental damage liability limitation EXCLUDES damage

to the equipment in the following circumstances:

• Damage caused by misuse, mechanical or electrical derangement, exposure to salt water,

exposure to water, exposure to dust, sand or other fine particle, exposure to salt, sand or mud,

or confiscation by Customs or other authorities.

(b) Damage directly or indirectly caused by or arising from war, invasion, act of foreign

enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution,

insurrection or military or usurped power.

resulting or arising from or any consequential loss or legal liability of whatsoever nature

directly or indirectly caused or contributed to, by or arising from:

(i) ionising radiations or contamination by radioactivity from any irradiated nuclear fuel or

from any nuclear waste from combustion of fuel (ii) the radioactive toxic explosive or other

hazardous properties of any explosive nuclear assembly or nuclear component thereof

(d) Damage or loss resulting from leaving Equipment in vehicles whether locked or unlocked,

but unattended.

(e) Damage or loss resulting from leaving Equipment unattended in a studio, site or public

space.

(f) Damage to two way radios.

(g) Damage to electric globes.

(h) Damage caused by electrical currents.

(I) Damage caused by domestic or wild animals.

(j) Confiscation by Customs or other authorities.

(1) All ordinary and reasonable precautions for the safety of the Equipment must be taken.

(2) The Customer must not modify the Equipment without the consent of the Company.

(3) In the event of loss or damage the Customer shall:

(i) forthwith notify the Company and the Police where necessary, and take any practicable steps

towards the discovery and recovery (including any steps reasonably requested by the

Company); and

(ii) as soon as practicable, give a full written report of the circumstances of the loss or damage

to the Company;(iii) and at the same time, furnish to the Company any particular or evidence as may be

reasonably be required by the Company or its insurer including attending at a lawyer’s office

and at Court to give evidence. The company’s insurance will not cover any Equipment deemed

stolen or lost without the provision to the Company by the Customer of a full police report

related to the incident. In this case the Customer will be held liable for the full replacement or

repair costs to the Equipment.

(iv) In the event the above Conditions are not met, the Customer shall be liable for the full

repair or replacement cost of all Equipment damage or loss.

(4) In no event is the Company liable for any special, indirect, incidental, consequential or punitive

damages, or losses of any nature (including costs or expenses), lost profits, opportunity costs, or failure

to realise anticipated savings, incurred by the Customer.

(5) The Company will not be held liable for any cost, consequential or otherwise, for any delay in transit

causing late arrival of any Equipment to the Customer or any agent or representative of the Customer.

(6) The Customer acknowledges and agrees that their observance, compliance and fulfilment of these

Terms and Conditions, as stated above, are conditions precedent to the Company limiting any liability

of the Customer for any claims for loss or damage of the Equipment.

9. Exclusion of Warranties

(a) Subject to any implied warranty by any legislation, statute or regulation in force, the Company

makes no warranties or representations in relation to (or in respect) of the Equipment, including

its fitness for any particular use. The Customer acknowledges and accepts that they are

accepting the Equipment solely upon on their own knowledge & opinion of the Equipment.

(b) If, in the event, the Equipment is found to be defective, the Customer must immediately notify

the Company in writing. Upon receiving written notice of such defect, the Company will

endeavour, in their sole discretion, to either replace or repair the defective item as expeditiously

as possible or authorise a competent repairer to repair the Equipment. If the defect is

determined by the repairer to be caused by misuse, neglect or carelessness, the full cost of

repairs will be borne by the Customer, who will also be liable to pay the Hire Fee until the

Equipment is returned to the Company fully repaired.

to the replacement of the Equipment, the supply of equivalent equipment, the repair of the

Equipment, the payment of the cost of replacing the Equipment or acquiring equivalent

Equipment or the payment of the cost of having the Equipment repaired.

(d) The Company will not be held liable for any loss, damage, indirect or consequential loss

(financial or otherwise) caused by the Equipment to the Customer or to any property or

persons, or as a result of the Equipment not being fit for any use to which it is put to by the

Customer.

(e) Nothing within this clause or agreement has the effect (or intention) to exclude any

consumer guarantees or warranties provided for in the Competition and Consumer Act

2010 (Cth).

10. Customer Skills

It is assumed that the Customer, or their agent, has sufficient skills to operate the hired Equipment

correctly. The Company will endeavour to supply instructional literature when requested, however this

cannot be guaranteed. It is the responsibility of the Customer, or the Customer’s agent, to ensure the

Equipment being rented and used is suitable for the purpose intended. In no event is the Company to be

held responsible for issues arising from the design or general functionality of equipment hired by the Customer, or their agent. The Company accepts no liability for the hiring of incorrect or unsuitable

Equipment, or in the event that the Customer is unable to use hired Equipment due to the lack of

necessary skills, knowledge or expertise required to operate such Equipment.

11. Use of hired Equipment

The Customer shall not take any of the hired Equipment out of Australia without the specific prior

written consent of the Company (email is acceptable). Equipment must not be used on any abnormal or

hazardous assignments. The Equipment is not to be transported in, or used on or in, helicopters, drones

or any type of light aircraft without the Company’s specific written consent. The Customer will not

allow the Equipment to be used in areas where it could be affected by salt water, water, salt, dust, fine

particles, sand or atmospheric corrosion.

12. Liability

The Company shall not be held liable for any loss or damage suffered by the Customer that is caused

by the Equipment or use of the Equipment, whether such loss or damage is incurred the Customer, the

Customer’s property or any other person, firm or corporation. The Company’s liability, if any, for

supplying defective Equipment to the Customer is solely limited to a rebate of the Hiring Fee charged

for the particular item in question. The Customer hereby indemnifies and holds harmless the Company

and all of its employees, contractors, directors and affiliated parties from liability of any and all losses,

damage, injuries, claims, actions, claims, demands and expenses of whatsoever kind of nature arising

out of the use of or in connection with the Equipment.

13. Governing Law

This agreement will be governed by the Laws of South Australia and the parties agree to submit to the

non-exclusive jurisdiction of the State of South Australia, including all courts of such State and any

courts entitled to hear appears from those courts.