Terms and Conditions

TERMS AND CONDITIONS OF TRADE
Metro AV Group Pty Ltd (ABN 49 676 358 188) trading as Sydney Metro AV

1) INTERPRETATION
The Company means Metro AV Group Pty Ltd (ABN 49 676 358 188) trading as Sydney Metro AV.
The Hirer/Client means the customer described in the Quote, Invoice, or Company Document.
The Equipment means the equipment described in the Quote or Invoice, including lamps, road cases, cables, consumables, and accessories.
Services means any delivery, installation, operation, design, content creation, crew, technical support, or consultancy provided by the Company.
Goods means any items sold outright (not hired).
Agreement means the Quote or Invoice together with these Terms and Conditions.
Period of Hire means the period specified on the Quote or Invoice.

2) ACCEPTANCE
This Agreement is binding upon the Hirer/Client and the Company upon acceptance of the Quote, Invoice, or Company Document by:
(a) signature on the Quote or Invoice; or
(b) email confirmation; or
(c) payment of deposit or full amount; or
(d) delivery of the Equipment or commencement of the Services.

3) PAYMENT
(a) All prices are exclusive of GST unless otherwise stated.
(b) New or non-account Clients must pay in full prior to delivery or collection.
(c) Account Clients must pay strictly within the Invoice terms.
(d) Discounts apply only to Company Equipment and Services, not to items sourced from external suppliers, and are subject to timely payment.
(e) Overdue accounts may be charged interest at 8% per annum above the RBA cash rate and all collection costs are recoverable.

4) DELIVERY AND ACCESS
(a) The Client must provide safe and adequate access to the venue, including permits, power, and approvals as required.
(b) Additional labour, waiting time, after-hours work, parking costs, or delays caused by the Client are chargeable.
(c) Where transport is arranged by the Client, risk remains with the Client during transit.

5) USE AND RETURN OF EQUIPMENT
(a) The Client must ensure the Equipment is operated only by competent and qualified personnel and in compliance with WHS, electrical, and venue rules.
(b) The Equipment shall at all times remain the property of the Company.
(c) The Client must not sub-hire, lend, assign, sell, pledge, mortgage, or otherwise deal with the Equipment without prior written consent of the Company.
(d) The Client must keep the Equipment secure, in good order, and return it by the end of the Period of Hire in clean and proper condition.
(e) Failure to return Equipment, or loss or theft of Equipment, makes the Client liable for replacement cost, repairs, and loss of hire charges.
(f) Late return will incur daily hire charges until return or compensation is received.

6) LOSS, DAMAGE AND BREAKDOWN
(a) The Client is responsible for any loss, theft or damage from delivery/collection until the Equipment is returned and accepted by the Company.
(b) Faulty Equipment must be reported immediately and returned promptly.
(c) The Company’s liability for breakdown is limited to replacement Equipment or refund of hire charges for the affected period.

7) DAMAGE WAIVER (OPTIONAL)
(a) If the Client pays the Damage Waiver stated in the Quote or Invoice, the Company agrees to limit the Client’s liability for accidental damage, subject to the Client paying the first 10% of repair or replacement cost.
(b) The Damage Waiver is not insurance and does not cover: theft, misuse, negligence, loss in transit (unless by Company transport), consumables, cleaning, cosmetic damage, or indirect losses.

8) INSURANCE
(a) The Client must hold adequate insurance over the Equipment for its full replacement value and maintain public liability insurance (recommended minimum AUD 20M).
(b) On request, the Client must provide a certificate of currency.

9) SERVICES AND INTELLECTUAL PROPERTY
(a) Where Services are provided, the Client must ensure site readiness and access.
(b) All designs, programming, content and intellectual property created by the Company remain the property of the Company unless expressly assigned in writing.
(c) The Client is granted a non-exclusive licence to use such content only for the event or project specified.

10) CANCELLATION
(a) Equipment or Services cancelled on or after collection/delivery will incur 100% of the Fee.
(b) Cancellations within 24 hours of delivery/collection incur 50% of the Fee (third-party supplied items 100%).
(c) Crew or operators cancelled within 24 hours of call time will incur a 4-hour minimum callout fee.
(d) Third-party costs incurred by the Company are payable in full.

11) DEFAULT AND TERMINATION
(a) A default event occurs if the Client fails to pay, breaches these Terms, becomes insolvent, or fails to remedy a breach within 3 days of notice.
(b) On default, the Company may suspend or terminate the hire or Services, enter premises to recover Equipment, and recover costs.

12) PPSA SECURITY INTEREST
(a) The Client acknowledges that these Terms create a security interest in the Equipment under the Personal Property Securities Act 2009 (Cth).
(b) The Company may register its interest on the PPSR.
(c) The Client waives rights to receive certain notices under the PPSA.

13) WARRANTIES AND AUSTRALIAN CONSUMER LAW (ACL)
(a) Nothing in these Terms excludes or restricts rights under the ACL.
(b) If the Client is a “consumer”, Equipment and Services come with non-excludable guarantees.
(c) Where permitted, the Company’s liability is limited to replacement or equivalent, or re-supply of Services.

14) LIMITATION OF LIABILITY AND INDEMNITY
(a) To the extent permitted by law, the Company shall not be liable for indirect or consequential loss, loss of profit, or business interruption.
(b) The Client indemnifies the Company against claims or losses arising from the Client’s use, custody, or operation of the Equipment, except to the extent caused by the Company’s negligence.

15) FORCE MAJEURE
The Company shall not be liable for failure or delay caused by events beyond its control, including weather, strikes, government action, pandemics, power failure, or transport delays.

16) PRIVACY
The Company handles personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth).

17) NOTICES
Notices may be given by email or post to the addresses shown on the Company Document.

18) SEVERANCE AND UNFAIR TERMS
If any clause is void or unenforceable, it will be severed and the remainder shall continue. The Company does not seek to rely on any unfair contract term within the meaning of the ACL.

19) GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of New South Wales. The parties agree to attempt good-faith negotiation or mediation before commencing litigation (except for urgent relief).

20) ENTIRE AGREEMENT
These Terms and any Company Document constitute the entire agreement between the Company and the Client.