a) ‘Customer’ means the person or persons named on the Quotation, hire agreement, invoice, purchase order, email or any other documentation produced in relation to an agreement for the supply of goods and/or services acting on behalf of and with the authority of the person so named.

b) ‘Goods and/or Services’ means the supply of any audio, visual, event staging and/or decorative items, cameras, editing and/or production services, outside broadcast services, studio services and the labour of any Sound Experience Pty Ltd staff member for setting up, packing down, delivering, picking up or operating of any equipment belonging to Sound Experience Pty Ltd or the Customer.

c) ‘Day’ means a period of 24 hours.

d) ‘Event’ means the event described in the Quotation.

e) ‘GST’ means the Goods and Services Tax as defined in A New Tax Act (Goods and Services) 1999.

f) ‘Hire Period’ means the period for which the Equipment is hired by the Customer as specified in the Quotation.

g) ‘Price’ means the amount set out in the Quotation and any further sums payable pursuant to this Agreement.

h) ‘Quotation’ means the quotation attached to these Terms and Conditions.

i) ‘Site’ means the designated place, venue or location at which the goods are to be delivered or at which the Customer is to take possession of the goods.

j) ‘Terms and Conditions’ means these written Terms and Conditions.



k) ‘Sound Experience Pty Ltd base’ means Sound Experience Pty Ltd 14 Don Court, Caulfield South, Victoria.

a) The quotation attached to these standard Terms and Conditions.

b) The standard Terms and Conditions.

c) Any special conditions attached hereto and recorded in writing.

d) Any request by the Customer to Sound Experience Pty Ltd for the supply of goods and/or services however made shall constitute acceptance of this Agreement notwithstanding that a request from a customer may be accompanied by its own terms and conditions and the Customer agrees that this Agreement shall apply to the exclusion of the Customer’s terms and conditions.

e) Where more than one legal person constitutes the Customer, each legal person shall be jointly and severally liable for each of the Customer’s obligations pursuant to this Agreement.

f) The Customer agrees to notify Sound Experience Pty Ltd in writing ten (10) days prior to the supply of goods and/or services of any changes, which affect the legal entity, Structure or management control of the Customer’s business.

g) The Customer will not represent any third parties that in any way acts for Sound Experience Pty Ltd and Sound Experience Pty Ltd will not be bound by any contracts that the Customer makes with third parties for the sale or hire of goods and services.

a) Either party may request a variation to the scope of the goods and/or services provided pursuant to this agreement.

b) A request for a variation may be made orally but must be confirmed in writing as soon as possible.

c) Sound Experience Pty Ltd will provide a quotation for the variation, but Sound Experience Pty Ltd will not be obligated to perform or supply the variation unless signed by the Customer.

d) The price will vary from the original quotation according to the variation requested.

e) Sound Experience Pty Ltd may charge for a variation if it is accepted verbally by the Customer’s conduct, and the price will change accordingly.

f) Where a quotation has been prepared by Sound Experience Pty Ltd: Sound Experience Pty Ltd has relied on advice, descriptions or instructions by the Customer as to:

• The Site including protection from the elements.
• The availability of power.
• Access to the Site.
• Materials, etc to be provided by the customer and the advice, descriptions or instructions, misleading or inaccurate, Sound Experience Pty Ltd may charge as a variation any additional labour, materials or goods necessary to enable Sound Experience Pty Ltd to comply with its obligations pursuant to this Agreement and the Price will increase accordingly.
  

a) Obtain all necessary approvals, permits, consents and permissions in relation to the Event/Installation in order for Sound Experience Pty Ltd to fulfil its obligations under the Agreement.

b) Ensure that where goods are being installed on any structure or held in place by any structure that the structure is capable of holding the weight of those goods and that the structure is properly erected so as to take the anticipated loads involved in holding the goods.

c) Make all enquiries necessary to comply with clauses 5a and 5b.

d) Ensure that the site is safe for all Sound Experience Pty Ltd employees or contractors to carry out the services required of Sound Experience Pty Ltd under this agreement.

e) Pay any amounts due and payable to Sound Experience Pty Ltd under this agreement within the time specified in this Agreement and in these Terms and Conditions Arrange insurance in accordance with these Terms and Conditions.

f) Unless otherwise agreed, provide power for the Event/Installation.

g) Ensure that the power provided is safe and complies with relevant Australian Standards.

h) Pay the cost of any damaged goods damaged by any fault with the power supply.

i) The customer agrees that Sound Experience Pty Ltd is not liable for any failure to perform any of its obligations pursuant to this Agreement arising out of or in connection with any failure or fault of the power supply however caused and the Customer indemnifies Sound Experience Pty Ltd against liability to any person however arising, in respect or in connection with any fault or failure in the power supply.

j) The Customer agrees that Sound Experience Pty Ltd will not be liable in any way for equipment supplied by others but energised from Sound Experience Pty Ltd equipment. Sound Experience Pty Ltd reserves the right to refuse to energise dangerous or untested equipment.



k) The Customer releases Sound Experience Pty Ltd from any responsibility for failure of equipment malfunction or other causes.

a) All goods made available for hire will be charged at a daily, weekly, or long-term period as agreed with the Customer.

b) The commencement of the Day for the purposes of this agreement shall be when the goods are delivered to the Customer venue or site, or when the customer collects from Sound Experience Pty Ltd premises.

c) All goods hired to the customer by Sound Experience Pty Ltd remain the property of Sound Experience Pty Ltd, and must be returned to Sound Experience Pty Ltd at the expiration of the hire period.

d) Where any goods are not returned to Sound Experience Pty Ltd before the end of the Hire Period, the Customer must pay additional hire charges for each Day or part thereof that the goods remain outstanding at the Day Rate for those goods.

e) All hired goods are to be returned in the same condition that they were in when dispatched to the Customer.

f) The Customer is fully responsible for all goods hired from Sound Experience Pty Ltd for the duration of the Hire Period, including any loss, theft or damage to any equipment that the Customer or the Customers agents, contractors, invitees or users cause.

g) The Customer must provide adequate security for all Sound Experience Pty Ltd equipment.

h) The Customer will not repair or attempt to repair or allow another person to repair any Sound Experience Pty Ltd equipment without written consent from Sound Experience Pty Ltd.

i) Repairs, alterations, modifications or other such interferences with hired equipment shall be deemed to be customer misuse and all liability for resultant loss, damage or other causes will be the Customers responsibility.



j) Where Sound Experience Pty Ltd incur labour costs or component costs to fix equipment due to Customer misuse or interference, the Customer will be liable to pay for such costs to Sound Experience Pty Ltd.

a) The customer is fully responsible for the full replacement cost of any goods that are deemed to be lost, stolen, damaged or otherwise not returned to Sound Experience Pty Ltd within the Hire Period in the condition which they were supplied (“lost goods”).

b) The customer is liable to pay Sound Experience Pty Ltd for any cross-hiring of replacement goods to replace any lost goods.



c) In the event of lost or damaged goods the Customer must notify Sound Experience Pty Ltd immediately.

d) The customer must pay to Sound Experience Pty Ltd the cost of replacing any lost goods. Sound Experience Pty Ltd will replace lost goods with identical or equivalent goods and the provision of Sound Experience Pty Ltd to the Customer of an invoice setting out the cost of the replacement goods shall be conclusive proof of the cost of replacing the lost goods and the Customer must pay that amount to Sound Experience Pty Ltd on demand.

e) The customer will pay for any costs incurred by Sound Experience Pty Ltd in recovering or attempting to recover the goods if not returned. This includes, but is not limited to, any debt collection agency (or similar) charges and fees.

a) As soon as Sound Experience Pty Ltd receives notice from the Customer, the Quotation and these Terms and Conditions will comprise a legal agreement, which can be relied on by Sound Experience Pty Ltd. If there is any conflict between any term of these Terms and Conditions and any Venue Terms and Conditions that may apply, this Agreement will prevail in relation to our provision of services.

b) Sound Experience Pty Ltd reserves the right to levy an outside ordinary hours labour surcharge for our provision of Services by Sound Experience Pty Ltd staff when commencing work before 6am or concluding after midnight, weekend work and work on public holidays.

c) All Customers who are based internationally, or in a state other than Victoria or do not have a trade account with Sound Experience Pty Ltd: full payment is to be made to Sound Experience Pty Ltd before any goods and/ or services will be provided. If payment is not received prior to the Event/Installation, Sound Experience Pty Ltd is under no obligation to provide any of the quoted goods and/ or services to the Customer.

d) Customers of Sound Experience Pty Ltd who have a trade account receive a 14-day from date of invoice account and are expected to pay the full invoice amount by the due date. Sound Experience Pty Ltd will accept payment via EFT, Cheque, or Cash only.

e) Payment Terms are generally a 50% deposit to secure a booking with the balance being paid by the due date of an invoice unless negotiated on a per project basis with the Customer.

a) Sound Experience Pty Ltd requires written cancellation for any Event/Installation where the Quotation has been accepted by the Customer.

b) Sound Experience Pty Ltd requires the Customer to notify them of any cancelled Events/Installations as soon as possible. Where an Event/Installation is cancelled by the Customer prior to ten (10) days of the Event/Installation occurring, no fees or charges will be payable to Sound Experience Pty Ltd by the Customer unless equipment has been manufactured/ordered specifically for that Event/Installation. In this case the Customer will be liable for the full cost of this equipment.

c) When an Event/Installation is cancelled by the Customer within ten (10) days of the scheduled event/installation time, any fees, charges, charges for materials or labour charges incurred by Sound Experience Pty Ltd will be payable by the Customer in accordance with the usual payment terms of Sound Experience Pty Ltd.



d) Where an Event/Installation is changed from its scheduled date or postponed in any way, the Customer is required to notify Sound Experience Pty Ltd in writing. Any fees and charges incurred by Sound Experience Pty Ltd for an Event/Installation postponed within ten (10) days of the scheduled time will be payable by the Customer to Sound Experience Pty Ltd.

a) The services provided by Sound Experience Pty Ltd do not include obtaining any licence or consent from any third party for us of any intellectual Property including any copyright, designs, patents, registered and unregistered trademarks, whether contained in a computer program or system, music, film, graphic, printed or other material media of any kind which is in any way used to form part of your event/installation. Sound Experience Pty Ltd warrants that the customer holds any necessary licences or approvals.

b) All Intellectual Property provided, created or produced by Sound Experience Pty Ltd or on Sound Experience Pty Ltd’s behalf including without limitation, in all systems, music, creative concepts, scripts and styling will remain the exclusive property of Sound Experience Pty Ltd and the Customer will not acquire any rights to it.

c) The Customer agrees that Sound Experience Pty Ltd can use photographs and images taken of your event/installation and other material we create or provide for our promotional purposes including; examples of our work, in any brochure, newsletter, manual, report, website or other media.

a) Sound Experience Pty Ltd is not responsible for the installation or set up of any goods unless specified in this Agreement and/or included in the Quotation for this project.



b) The Customer acknowledges that Sound Experience Pty Ltd may be dependent upon other contractors preparing the Site for their goods or their installation.

c) Sound Experience Pty Ltd shall not be liable for any delay in installing the goods or providing services where such delay is a consequence of any act or omission on the part of any person or party other than Sound Experience Pty Ltd.

d) Quotations for installation time & cost from Sound Experience Pty Ltd will be based upon information gathered during the site inspection and given to Sound Experience Pty Ltd by the Customer. If the Site is different to the supplied plans and/or information surveyed (and requires additional time, staff, tools, fixings, products or access equipment) then the customer shall bare the additional cost.

a) Insurance with an authorised Australian Insurer for the full replacement value of all hired goods provided to the Customer under this Agreement, including as a minimum, cover against fire, accident, theft, storm water and damage. The Customer will name Sound Experience Pty Ltd under such policy.



b) The Customer clearly understands that the responsibility for all insurance on hired or purchased equipment shall remain the Customers responsibility to replaced and/or repaired at the cost of the customer. 

a) If any of the goods are damaged or destroyed during the Installation or Hire Period, Sound Experience Pty Ltd is entitled, without prejudice to any of its other rights and remedies under any agreement, to insurance proceeds payable for the goods.



b) Any of the Customers equipment or property used at an Event/installation is the Customers responsibility and used at the Customers own risk.

c) To the extent permitted by law, Sound Experience Pty Ltd will not have any liability for any failure, default or delay caused by the Customer or another third-party providing goods and/or services to the Customer or by anything outside the control of the Customer or Sound Experience Pty Ltd.

d) The Customer agrees to indemnify Sound Experience Pty Ltd from all loss, cost, expense, damage and/or liability (Harm) Sound Experience Pty Ltd suffer or incur arising in connection with your event/installation or our provision of the Services to the extent it is caused by the negligent, wilful or wrongful act or omission by you, or any of the Customers servants, agents, contractors or invitees or by your breach of the Agreement.

a) If any term of this Agreement is found to be unenforceable for reasons of invalidity or illegality, the term shall be read down to the extent necessary so that it is enforceable, valid and legal.



b) If any term of this Agreement cannot be read down, it shall be severed, and the remaining terms of this Agreement shall not be affected

a) This Agreement shall be governed by and constructed in accordance with the laws of the State of Victoria



b) The Customer submits to the jurisdiction of the Courts of the State of Victoria.