Conditions of External Hire of Equipment/Facilities

GENERAL

  1. Only a person or company approved in advance of the hire date may hire facilities or equipment or make bookings to hire equipment. Bookings made do not guarantee access to facilities or equipment. The hirer can only access the equipment required if it is available at the time set for hire, as priority preference will be given to enrolled production students and staff members.
  2. The person or company, the name of which appears on the External Hire Agreement (“The Hirer”) agrees to hire the equipment and/or the facilities set out in the “Equipment required” and/or “Facilities required” (“Equipment” and/or “Facilities”, whichever is appropriate) on the terms hereinafter set out.
  3. Murdoch University (“Media Arts Support Team”) agrees to hire the Equipment and/or Facilities to the Hirer, subject to availability or as noted in clause 1.
  4. The Hirer shall return all Equipment on or before the date specified in the “Today’s Loans” form they will receive on hire of Equipment.
  5. Murdoch University accepts no responsibility that the Equipment and/or the Facilities hired will be suitable for the use for which the Equipment and/or Facilities may be used by the Hirer.
  6. Due to the nature of electronic equipment, Murdoch University accepts no responsibility for malfunction whilst in the care of the Hirer.
  7. No cancellation fees will be incurred by the Hirer if a booking is cancelled 24 hours prior to the booking date.
  8. The amount due calculated from “Today’s Loans” form and the “Media Arts Centre Commercial Hire Rates” must be paid ‘cash on pick up’ or ‘cash on commencement’ unless otherwise stipulated under the Payment Terms. NO CREDIT WILL BE GIVEN.
  9. The Hirer shall be responsible for all transport costs of Equipment to and from Murdoch University.
  10. The Hirer shall be responsible for the safe custody and proper protection of the Equipment and for maintaining it in good working condition until returned to and checked by Murdoch University.
  11. The Hirer will not assign, transfer or sublet its rights under this hire agreement, will not pledge, mortgage or encumber the hire Equipment or its rights hereunder and the Hirer will not permit same to be subjected to any lien, charge or encumbrance.
  12. If the Equipment and/or Facilities are found to be defective through no fault of the Hirer, Murdoch University’ liability is limited to a rebate of the rental fee for the period during which the equipment is inoperable.
  13. The Equipment shall not be taken into any adverse or hazardous environment without the prior consent of Murdoch University. Murdoch University reserves the right to determine what constitutes an adverse or hazardous environment. Responsibility for disclosing such information rests with the Hirer. If such information is not disclosed, the Hirer will be responsible for any repairs or damage which may result.

AFTER HOURS ACCESS

  1. After hours usage by the Hirer requiring the issuing of swipe-keys is subject to security clearance. All names of the hirer and its agents and employees must be provided in advance to Murdoch University Media Arts Support Team for security notification. Other than names stipulated, access will be denied. The cost of the Swipe card will be charged to the Hirer.

INSURANCE

  1. The Hirer is responsible for the provision of adequate multi-risk insurance cover for the Equipment and/or Facilities which are hired for use out or inside Murdoch University premises (the “Insurance Cover”) during the Period of Hire and any extensions thereof, unless otherwise agreed by Murdoch University and this has been noted in under Insurance Details on the previous page. The Hirer is also responsible for the obtaining of the third-party insurance.
  2. A copy of proof of Insurance Cover is required prior to commencement of hire. Murdoch University reserves the right to determine what constitutes adequate insurance cover.

OCCUPATIONAL SAFETY AND HEALTH

  1. The Hirer is responsible for ensuring compliance with all OSH Legislation in the course of using the Equipment and/or Facilities.

PICK UP AND RETURN

  1. Murdoch University office hours are 9.00am to 12.30pm Monday to Friday unless otherwise agreed.
  2. Unless otherwise agreed, all equipment must be returned within 30minutes of the specified end of the period of hire to avoid an extra full day rental charge. Keys for facilities must be returned by 9.00am on the next business day after the completion of the hire period or the key bond may be forfeited.

EXTENSION OF HIRE

  1. To avoid inconvenience to other Hirers, any extension of the Period of Hire must be arranged prior to the conclusion of the original Period of Hire. The Media Arts Support Team will have absolute discretion as to whether to extend any period of hire, and if not extend the Hirer shall return the equipment, or vacate the facilities, at the end of the agreed period of hire.

RESPONSIBILITY OF THE HIRER

  1. The Hirer agrees to accept liability for any and all loss or damage caused either accidentally or by misuse of the Equipment and/or Facilities, to the extent not paid by the Hirer’s insurer. The Hirer shall be liable for the cost of repairs or replacement of all damaged or destroyed equipment, and to pay rental at the rate set forth for such a period of time until such lost or damaged equipment shall be replaced or repaired.
  2. It is the responsibility of the Hirer to check that all Equipment and/or Facilities are in proper working order and that all necessary accessories and cables are included prior to, leaving, or use at, Murdoch University. If such equipment is not checked, Murdoch University shall not be liable, and the Hirer will be considered to have damaged the equipment and be responsible accordingly.
  3. Murdoch University shall not be liable for any loss or damage caused by hired Equipment and/or Facilities, or occasionally by its use, whether to the Hirer or its property or any other person, firm or corporation or to the property of any other person, firm or corporation, nor shall Murdoch University be liable for any delay or failure thereof, or for any interruption of use of same or loss resulting therefrom.
  4. The Hirer hereby agrees to indemnify Murdoch University, its agents and employees, from liability for any and all losses, damages, injuries, claims, demands and expenses, including legal expenses or whatsoever kind or nature arising out of the use or condition (including without limitation, latent and other defects, whether or not discoverable by Murdoch University for the use of the Equipment and Facilities, which shall also be included in the insurance cover of the hired Equipment and/or Facilities during the period of hire).
  5. The Hirer shall pay the full replacement cost for consumables relating to the hired Equipment and/or Facilities.