For the hire of jukeboxes, these conditions are also printed on the hire contract which is e mailed to you after a booking has been made.
ABSOLUTE MUSIC (herein after called “AM” agrees to hire equipment to the hirer (herein after called “CUSTOMER”) agrees to accept the hiring in accordance with the terms of this agreement.
- Prior to the execution of this agreement the CUSTOMER covenants and agrees with the owner as to the following:
(a) That the CUSTOMER has thoroughly examined the equipment and has satisfied their self as to it’s condition and suitability for their purpose. (b) That the equipment is in good order and condition. (c) That the CUSTOMER has read and understood the operating instructions.
AM will let the CUSTOMER and the CUSTOMER will hire from AM equipment on the terms and conditions herein contained.
No variation of these conditions will bind AM unless made in writing and signed by AM.
The CUSTOMER shall pay AM all hire charges for which the CUSTOMER is liable to AM, use the equipment in a proper manner and only for the purpose and capacity for which it was designed, and accept full responsibility for the safekeeping of the equipment.
That except for such conditions and warranties as are required by law, no condition, warranty or representation is given by the CUSTOMER whether in relation to the condition, quality or suitability of the equipment and any express or implied condition is herby excluded to the maximum extent permitted by law.
The CUSTOMER agrees to indemnify and keep indemnified AM against liability in respect to any suits, claims, actions, demands, costs, loss (including loss of profit) or damages arising directly or indirectly out of the hire or use of the equipment by the CUSTOMER whether caused by the negligence of the CUSTOMER or any other person.
The CUSTOMER will immediately stop using the equipment if it is damaged or becomes unsafe. Under no circumstances is any equipment other than that owned and/or approved by AM to be added, connected or used in conjunction with the hire equipment. The CUSTOMER must ensure that no modification, changes, additions to, or attempts to repair or alter the hire equipment be made by anyone other than an employee of AM. The CUSTOMER acknowledges that unless otherwise specified all the hire equipment is the sole property of AM.
The CUSTOMER will pay within 5 days the costs of any and all repairs and if the damage is irreparable or the equipment is lost or stolen, the replacement cost of the equipment. If the CUSTOMER does not make payment within 5 days the CUSTOMER will pay AM by the way of liquidated damages an amount equal to the weekly hiring fee for each or part thereof until all monies are received by AM.
In the event that an employee of AM does not have access to pick up the hire equipment at the pre-arranged time listed under “Pickup date & time” on the hire contract the CUSTOMER will forfeit the deposit when and will be charged a fee equal to twice the hire fee per day for each day late until the hire equipment is able to be picked up.
The R1000 Deposit is in addition to the hire payment. AB will refund the deposit when the equipment has been picked up less any amounts deducted for breakages, missing items and cleaning charges, if applicable.
When the jukebox is delivered, AM requires the following from the CUSTOMER who made the booking:
(a) Proof of Identity: All hirers must have a current South African Driver’s License (not Learner’s Permit).
(b) A copy of your valid SA ID Document
(c) A current utility bill. Eg rates/electricity/ hp agreement / telephone
(d) Full payment in cash.
If proof of identity and full payment are not provided, then the hire booking will be cancelled and the CUSTOMER will forfeit their deposit of R1000.
In the event that the CUSTOMER wishes to cancel a hire booking, then the CUSTOMER shall notify AM no less than fourteen (14) days prior to the date of hire. In the event of the CUSTOMER wishing to cancel a hire booking less than fourteen days of the date of hire then AB reserves the right to claim the total hire fee, should an alternative booking for the equipment on the date, for the same or greater total fee, not be arranged. Should you not wish to proceed with the hire booking please phone AM immediately.
AM reserves the right to terminate this agreements at any time during the course of such agreement with no refund of money of the equipment hired is subjected to any treatment that AM, at it’s sole discretion, considers to be neglectful or likely to cause damage to the equipment.
The CUSTOMER shall in no way attempt to move the jukebox. If this is needed to be done , the customer will contact AM.
The Jukebox will only be setup under a roofed enclosure
To the extent that any of the provisions herein contained are prohibited or void under the South African Trade Practices Act 1974 and subsequent and amendments hereto such provisions that are so prohibited or void shall be ineffective to the extent of such provision or as so void without invalidating the remaining provisions hereof and this agreement shall be construed or intended to operate in all aspects to the maximum extent to which it can validly apply.
