STANDARD TERMS AND CONDITIONS OF HIRE
To the fullest extent legally possible all contracts, dealings and/or arrangements made between Original Cine Pty Ltd ACN 006
170 421 t/a The Vision House (“Company”) and the Hirer relating to the Equipment are subject to the following Standard Terms
and Conditions of Hire (“Terms”) unless otherwise agreed in writing.
1. Definitions:
In these Terms, unless the context otherwise requires:(a) “ACL” means Australian Consumer Law Schedule of theCompetition and Consumer Act 2010 (Cth);(b) “Daily Rental Rate” means the daily rental rate for theEquipment as expressed in the Hire Schedule;(c) “Equipment”” means the equipment listed as the Equipmentin the Hire Schedule and any other associated equipment, tools
and accessories the Company provides to the Hirer in relation to
the Equipment;(d) “Expected Hire Period” means the period beginning on theStart Hire Date and ending on the Expected Hire Off Date;(e) “Expected Hire Off Date” means the date set out in the Hire
Schedule as the Expected Hire Off Date or such other date as theparties may agree in writing;(f) "GST" means GST within the meaning of the GST Act;(g) "GST Act" means the A New Tax System (Goods and Services
Tax) Act 1999;(h) “Hire Agreement” means these Terms and each Hire
Schedule provided by the Company to the Hirer;(i) “Hire Charges” means the total amount of hire charges as set
out in the Hire Schedule, including any delivery fee;(j) “Hire Schedule” means the hire schedule provided by theCompany and signed by the Hirer which sets out (among otherthings) the Equipment and the Daily Rental Rate for theEquipment to be hired to the Hirer pursuant to the Hire
Agreement;(k) “Hire Period” means the period commencing on the Start
Hire Date and ending on the date that the Equipment is returnedby the Hirer to the Company in accordance with the Hire
Agreement;(l) “Special Conditions” means the Special Conditions (if any) set
out in the Hire Schedule; and(m) “Start Hire Date” means the date set out in the Hire Scheduleas the Start Hire Date or such other date as the parties may
agree in writing.
2. Approval of Credit(a) The Hirer may apply for credit with the Company bysubmitting a Credit Application and the Company may, in its sole
discretion, grant credit to the Hirer for the hire of Equipment.
(b) The credit facility may be cancelled or reduced at the sole
discretion of the Company at any time and without notice orreason being given to the Hirer.

1(c) Upon cancellation or reduction of credit, the Company may
demand full payment of any amounts outstanding before
granting further hire of Equipment on credit or otherwise.
3. Hire of Equipment and charges(a) The Company agrees to hire the Equipment to the Hirer at
the Daily Rental Rate.
(b) The Hirer agrees to pay the Company the Daily Rental Ratefor each day of the Hire Period.
(c) The Company acknowledges and agrees that the Daily Rental
Rate has been calculated on the basis of the Hirer hiring theEquipment for the entirety of the Expected Hire Period.
4. Payment of Hire Charges(a) Subject to clause 4(b), payment of the entire Hire Charge
shall be made and written proof of payment provided to theCompany prior to the Hirer taking delivery of the Equipment.
(b) If the Hirer has been granted credit in writing by theCompany, payment must be made within 14 days of the date of
the invoice without deduction or set off of any kind unless statedotherwise.
(c) The Company may apply a payment received from the Hirer
to any amount owing by the Hirer under the Hire Agreement.

5. Other Charges
In addition to the Hire Charges, the Hirer agrees to pay theCompany:(a) a cancellation fee equal to 50% of the Hire Charges if the
Hirer cancels its booking of the Equipment within 48 hours of
the time Start Hire Date.
(b) the cost of delivery, collection or installation, as detailed in
the Hire Schedule if the Hirer requires the Company to deliver,collect or install the Equipment;(c) any stamp duty or GST arising out of this Hire Agreement;(d) all other applicable levies, fines, penalties and any othergovernment charges arising out of the Hirer’s use or hire of theEquipment;(e) a credit card surcharge of up to 2.5% plus GST of thepayment amount where the Hirer pays by credit card;(f) a payment dishonour fee if a Hirer’s payment is dishonoured
in any way. This fee will be in addition to any fees the Hirer’s
financial institution or credit provider my charge the Hirer;(g) interest on any amounts that are overdue at a rate of 12%
per annum calculated daily.

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6. Return of Equipment(a) Upon expiration of the Expected Hire Period or terminationof the Hire Agreement for any reason, the Hirer must return the
Equipment to the Company at the Company’s premises at the
Hirer’s expense.
(b) The Hirer must return the Equipment to the Company in aclean condition and in the same good working order as it wasprovided to the Hirer (excluding fair wear and tear).
(c) The Hirer must immediately notify the Company in writing if
it wishes to continue to hire the Equipment beyond the Expected
Hire Off Date. The Company is not obligated to agree to any
extension requested by the Hirer.
7. Title and Risk(a) All risk with respect to the Equipment passes to the Hirer oncollection or delivery (as the case may be) of the Equipment.
(b) The Hirer acknowledges that the Company owns theEquipment and in all circumstances the Company retains title to
the Equipment and that the Hirer holds the Equipment as bailee
for the Company.
(c) The Hirer must not offer, sell, assign, sub-let, charge,
mortgage, pledge or create any form of security interest over, orotherwise deal with the Equipment in any way.
(d) In no circumstances will the Equipment be deemed to be a
fixture.

8. Use of Equipment(a) The Equipment must for its stated purpose and in a skilful
and proper manner by persons having the appropriatequalifications and experience.
(b) The Equipment must not be used in any abnormal or
hazardous assignment and the Hirer must take all reasonableprecautions to ensure that the Equipment is kept safe and not
damaged or destroyed.
(c) The Equipment must not be taken from the ground otherthan on a regular scheduled flight by a recognised airline.
9. Loss, theft or damage and breakdowns:(a) The Hirer is solely responsible for any loss, theft or damage
to the Equipment howsoever caused during the Hire Period.
(b) If the Equipment breaks down or becomes unsafe to use as aresult of the acts or omissions of the Hirer or is lost, stolen ordamaged beyond fair wear and tear during the Hire Period, theHirer will be liable for:(i.) any costs incurred by the Company to recover and repair or
replace the Equipment; and(ii.) the Hire Charges for that portion of the Hire Period during
which the Equipment is being recovered, repaired or replaced
up to a maximum amount of Hire Charges equal to 13 weeks
beyond the Expected Hire Off Date.
(c) If the Equipment breaks down or becomes unsafe to use
during the Hire Period the Hirer must:(i.) immediately stop using the Equipment and notify theCompany;3

(ii.) take all steps necessary to prevent injury occurring topersons or property as a result of the condition of theEquipment;(iii.) take all steps necessary to prevent any further damage tothe Equipment itself; and(iv.) not repair or attempt to repair the Equipment without theCompany’s written consent.
10. Specific Equipment Conditions(a) The Hirer acknowledges that the Company examines all
filters, diffusers, graduateds, fogs, neutral densities, polascreensand electric bulbs prior to those items being supplied to theHirer and that if any deterioration of these items occurs(including during transit by air or other means), the Hirer will
be charged with their replacement cost.
(b) The Hirer acknowledges that the residue left on certain
electronic items can render those items unusable. Consequently,
the Hirer must obtain the Company’s written approval prior tousing any Equipment in salt water locations.
11. Insurance(a) The Hirer must carry and maintain sufficient general liability
insurance to cover for any loss, theft or damage caused to theEquipment while the Equipment is at the risk of the Hirer.
(b) The Hirer must provide proof of such insurance if requestedby the Company prior to taking delivery of the Equipment andthe Company may, in its absolute discretion refuse to provide or
require immediate return of the Equipment to the Hirer if suchproof is not provided upon request.

12. Limitation Insurance(a) If the Hirer elects to purchase the Limitation Insurance, as
indicated in the Hire Schedule, the Hirer’s liability for any loss,
theft or damage to the Equipment will be limited to $2,000 plus
GST, but such limitation strictly excludes loss damage or theftcaused by or attributable to:(i.) misuse, mechanical or electrical derangement;(ii.) exposure to water, salt water, sand or dust;(iii.) confiscation by Customs or any other Government
authority;(iv.) an arising of war, invasion, act of foreign enemy, hostilities(whether war be declared or not), civil war, rebellion,
revolution, insurrection or military or usurped power;(v.) ionising radiations or contamination by radioactivity fromany irradiated nuclear fuel or from any nuclear waste fromcombustion of fuel; and / or(vi.) the radioactive toxic explosive or other hazardous
properties of any explosive nuclear assembly or nuclear
component thereof. or caused in circumstances where:(vii.) the Equipment has been left in a vehicle, whether locked or
unlocked, but unattended. (b) In the event of loss, damage ortheft, the Customer shall:(i.) immediately notify the Company (and Police, if a reasonable
person would consider it necessary to do so);(ii.) take all reasonable steps to recover or limit the damage tothe Equipment;4

(iii.) provide a full written report to the Company describing thecircumstances of such damage, loss or theft;(iv.) provide any supporting evidence of the claims made in thewritten report to the Company or the Company’s insurer,
including attends to Court to provide evidence, if required to do
so by the Company, its insurer or legal advisers.
(c) Damage, loss or theft of electric globes (howsoever the loss,
damage or theft occurs) is specifically excluded from coverageby Limitation Insusurance.
(d) It is a condition precedent to the limitation of the Hirer’s
liability by the Company under this clause 12 that the Hirer duly
observe and fulfil any obligations placed on it by the operationof this clause 12. (e) Despite any provision of this clause 12, theHirer acknowledges that the Company has in no way
represented itself as a person carrying on the business of
insurance.
13. Recovery of Equipment(a) The Company may at the Hirer’s cost, take all steps theCompany deems necessary to recover the Equipment (including
legal proceedings) if:(i.) the Hirer is in breach of the Hire Agreement;(ii.) the Hirer fails to return the Equipment by the Expected Hire
Off Date (unless the Company has agreed in writing to extendit); or(iii.) the Hire Agreement is terminated or otherwise comes to an
end.

(b) Steps the Company may take to recover the Equipment
includes but is not limited to entering the Hirer’s premises (orany premises that the Equipment is located) in order to retake
possession of the Equipment and the Hirer provides its consent
to the Company to do so.
14. OH&S Compliance
The Hirer must ensure at all times that it complies with allapplicable occupational health and safety laws, regulations andcodes of practice when using and storing the Equipment.

15. Defects in Equipment
To the extent permitted by law, if the Hirer does not notify theCompany in writing within three (3) days of delivery of any
defect, shortage, or other failure to conform, the Equipment
delivered shall be deemed to be in accordance with the Hire
Agreement and to have been accepted by the Hirer as delivered.
16. MaintenanceDuring the Hire Period, and generally whenever the Hirer is inpossession of the Equipment, the Hirer shall be responsible forany maintenance of the Equipment that is required to return the
Equipment to its original condition (less fair wear and tear) andcompliant with any statutory, regulatory and original equipment
manufacturer requirements.

517. Default(a) To the extent permissible at law (including under the ACL),
default or breach by the Hirer of the Hire Agreement, or in any
dealings with the Company will entitle the Company to retain all
monies paid, call-up all monies due or owing (whether currently
due and owing or not), take possession of the Equipment andthereupon the Hirer's right to possession shall cease, andrecover from the Hirer any moneys payable under the Hire
Agreement.
(b) The Hirer shall pay all costs incurred by the Company in(i.) collecting or attempting to collect any sums owed under the
Hire Agreement, including without limitation all mercantile
agents costs, debt collection costs and legal fees on an indemnity
basis;(ii.) re-taking possession of the Equipment; and(iii.) reconditioning the Equipment.
18. Inspection and location(a) The Hirer shall keep the Company informed of the exact
location of the Equipment at all times.
(b) The Hirer must not permit the Equipment to be removed
from Victoria without the Company’s prior written consent.
(c) The Company may, by providing the Hirer with reasonable
notice, inspect any of the Equipment at any time during the Hire
Period and the Hirer must provide the Company with free andunimpeded access to the Equipment to allow that inspection totake place.

19. Special Conditions
The Special Conditions are incorporated into and form part of
the Hire Agreement. If there is any inconsistency between theSpecial Conditions and any other provision of the Hire
Agreement, then the Special Conditions will prevail but only tothe extent of that inconsistency.
20. Liability and indemnification(a) Subject to clause 20(b), and except as expressly provided tothe contrary in the Hire Agreement, all guarantees, terms,
conditions, warranties, undertakings, inducements or
representations whether express or implied, statutory orotherwise, relating to the Hire Agreement are excluded to the
maximum extent permitted by law.
(b) To the extent permitted by law (including under the ACL),
the Company’s liability for a breach of this Hire Agreement islimited to (at the Company’s election): (i.) the aggregate amountof Hire Charges paid under this Hire Agreement; or (ii.) the
repair or replacement of the Equipment (or the cost of doing so).
(c) To the extent permitted by law (including under the ACL),
the Company will not be liable in any way for any contingent,consequential, direct, indirect, special or punitive damages
arising whether due to the Seller’s negligence or otherwise andthe Hirer acknowledges this limit of liability and agrees to limit
any claim accordingly(d) The Company will not be liable for any claim relating to or
arising from any alleged fault or defect caused or contributed toby the Hirer or any third party.

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(e) The Hirer is liable for and agrees to indemnify the Company
against all liability, claims, damage, loss, costs and expenses(including, without limitation, legal fees, costs anddisbursements on a full indemnity basis, whether incurred orawarded against the Company in respect of:(i.) personal injury;(ii.) damage to property; or(iii.) a claim by a third party, in respect of the Hirer’s hire or useof the Equipment or the Hirer’s breach of the Hire Agreement.
(f) The liability of the Hirer under clause 20(e) is reduced to theextent that the liability, claims, damage, loss, loss, costs or
expense was caused by the Company’s breach of the Hire
Agreement or the Company’s negligence.
(g) Each indemnity in the Hire Agreement is a continuing
obligation, separate and independent from the other obligationsof the parties and survives termination, completion andexpiration of the Hire Agreement. It is not necessary for a party
to incur expense or make any payment before enforcing a rightof indemnity under the Hire Agreement.
21. Repair or replacement of Equipment (not at fault ofHirer)(a) If the Hirer considers that the Equipment or any of its part orparts of it is defective or becomes defect (“Defective
Equipment”), it must provide written notice to the Company of
the nature of the defect and providing such other details as theCompany may request from the Hirer.
(b) The Hirer may elect to either:(i.) return, at its own cost, the Defective Equipment to theCompany (or to any other repair facility designated by theCompany); or(ii.) request that the Company attend to the Hirer’s premises torepair the Defective Equipment, whereupon the Company will
make a determination in its absolute discretion whether or not
the defect is a result of the improper use, service, maintenance,or installation by someone other than the Company or its
authorised personnel.
(c) If the Company determines that:(i.) the defect to the Defective Equipment is not a result of the
improper use, service, maintenance, or installation by someone
other than the Company or its authorised personnel, theCompany will replace or repair (at its sole option) the Defective
Equipment at its expense and, where applicable, return the
Equipment to the Hirer. The Company may at its discretion bill
the Hirer for such cost of transportation; or(ii.) the defect to the Defective Equipment is a result of the
improper use, service, maintenance, or installation by someone
other than the Company or its authorised personnel, theCompany must notify the Hirer of the cost incurred to diagnose
the defect and of the estimated cost of transportation, diagnoses,
and repair or replacement. If the Hirer does not request theCompany to repair or replace such defect, the Company shallreturn the part or parts to the Hirer and bill the Hirer for thecost of transportation and diagnosis.
(d) Where an election is made by the Hirer under clause21(b)(ii.) the Hirer must pay the Company’s expenses of such7

personnel, including transportation, room, board, and othertravel expenses at net cost plus 15%. If the qualified service
personnel determines that the defect is a result of the improperuse, service, maintenance, or installation by someone other thanthe Company or its authorised personnel, in addition to theexpenses set forth above, the Hirer shall pay the Company for alltime expended by the qualified service personnel, including
travel time, at the daily rate prevailing in the area from whichsuch Company service personnel operate.

24. Applicable Law
The law governing the Hire Agreement will be the law inVictoria and the parties irrevocably submit to the nonexclusive
jurisdiction of its courts and tribunals and to the Federal Courtof Australia sitting in that State.
25. Waiver
If the Company elects not to exercise any rights arising as aresult of breach of the Hire Agreement, it will not constitute a
waiver of any rights relating to any subsequent or other breach.

22. The Competition and Consumer Act 2010 (Cth) and Fair
Trading Acts:(a) Nothing in this Hire Agreement is intended to have the effectof contracting out of any applicable provisions of theCompetition and Consumer Act 2010 (Cth) or the Fair Trading
Acts in each of the States and Territories of Australia, except tothe extent permitted by those Acts where applicable.
(b) If the Hirer is a consumer for the purposes of the ACL,
nothing in the Hire Agreement limits any remedy available for a
failure of the guarantees in sections 56 and 57 of the ACL.
23. Severability:
If a provision of the Hire Agreement would but for this clause, be
unenforceable, that provision must be read down to that extent
necessary to avoid that result and if that provision cannot beread down to that extent, it must be severed without altering thevalidity and enforceability of the remainder of the Hire
Agreement.

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