“MM” means Mini Mozarts School Of Music Pty Ltd ATF Di Giacomo Family Trust T/A Mini Mozarts School Of Music, its successors and assigns or any person acting on behalf of and with the authority of Mini Mozarts School Of Music Pty Ltd ATF Di Giacomo Family Trust T/A Mini Mozarts School Of Music.
“Hirer” means the person/s hiring the Equipment or any person acting on behalf of and with the authority of the Hirer requesting MM to provide the Services as specified in any quotation, order, invoice or other documentation, and:
if there is more than one Hirer, is a reference to each Hirer jointly and severally; and
if the Hirer is a part of a Trust, shall be bound in their capacity as a trustee; and
includes the Hirer’s executors, administrators, successors and permitted assigns.
Equipment” means all Instruments (and related Equipment and Resources, including but not limited to, any associated cases, accessories, course manuals, music books/sheets, consumables etc.) supplied on hire by MM to the Hirer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the Invoice/Enrolment Form/Hire Form, or any other form provided by MM to the Hirer.
“Minimum Hire Period” means the Minimum Hire Period (in all cases will be equivalent of one teaching term or the scheduled hire period stated, whichever is the lesser) as described on the Invoice/Enrolment Form/Hire Form, or any other form provided by MM to the Hirer.
The Equipment shall at all times remain the property of MM and is returnable on demand by MM. In the event that the Equipment is not returned to MM in the condition in which it was delivered MM retains the right to charge the Price of repair or replacement of the Equipment.
MM requires a deposit (in the form of a bond) in respect of any Equipment; retainable by MM in the event the Hirer breaches this Hire Agreement. At MM’s sole discretion, a deposit (in the form of a bond) shall be required at the commencement of this contract, which shall be refunded to the Hirer by within thirty (30) days of the return of the Equipment, provided that the Hirer has complied with their obligations hereunder. The deposit may be used to offset any applicable charges payable by the Hirer under clauses 7, 9 & 10.
A penalty fee of five ($5.00) dollars per day will apply in respect of any hired Equipment not being returned by the specified date agreed between the parties.
The Hirer shall ensure that:
the Equipment is in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment.
no alterations or additions are made to the Equipment (including but without limitation, defacing or erasing any identifying mark, plate or number in, on or attached to the Equipment), or in any other manner interfere with the Equipment.
the Equipment (complete with all accessories and parts etc.), is kept clean and in good order as originally supplied, and shall comply with any maintenance schedule as advised by MM.
the Equipment remains at the address that has been agreed upon by MM and shall not move the Equipment from this location unless prior written authorisation has been provided by MM.
The Hirer accepts full responsibility for the safekeeping of the Equipment and agrees to insure, or self-insure MM’s interest in the Equipment, and further agrees to indemnify MM against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other possible risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Furthermore, the Hirer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
Notwithstanding the above clause, immediately on request by MM, the Hirer will pay:
any lost hire charges MM would have otherwise been entitled to for the Equipment, under this, or any other Hire Agreement;
any insurance excess payable in relation to a claim made by either the Hirer or MM in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Hirer and irrespective of whether charged by the Hirer’s insurers or MM’s.
Return of the Equipment (“Return”) will be completed when:
the Equipment is returned by the Hirer to MM’s place of business; or
when MM takes back possession of the Equipment once collection by MM is affected.