Hire Agreement
Our Terms and Conditions

1.1 This agreement governs the terms and conditions under which Michaels Camera Hire Pty Ltd (ACN 648 329 524) (“we”, “us” or “our”) provides hiring services to the customer named below (“you” or “your”) (together, the “Agreement”).

1.2 In this Agreement the following expressions have the following meanings, unless otherwise stated:

“Agreement” means this agreement including the Hire Receipt.

“Cancellation Charges” is as outlined in clause 7.

“Charges” means any type of charge not limited to the Hire Charge, Late Fees, Cleaning Costs, Cancellation Charges, Interest and any additional rates for the Goods as determined by us from time to time.

“Cleaning Costs” is as outlined in clause 11.

“Damage Fee” means, in respect of any Goods (or any part of them) which are damaged, the reasonable cost of repairing such Goods.

“Damage Waiver” is as outlined in clause 1.1;

"Excess Amount” is as outlined in clause 10.3;

“Goods” means any and all equipment, technology, accessories, or products that you hire from us that are listed on a Hire Receipt.

“Hire Charge” means 100% of the cost of the hire of Goods as outlined in the relevant Hire Receipt provided to you.

“Hire Period” means the duration of the hire as set out in Hire Receipt.

“Hire Receipt” means the digital or physical receipt received by the customer in connection with the hire of the Goods.

“Interest” is as outlined in clause 14.1.

“Late Fee” is as outlined in clause 6.

“Pick-up Time” is as outlined in clause 7.1;

“Pre-Authorisation” is as outlined in clause 5.1;

“Premises” means our physical store at 151 Chapel Street, St Kilda VIC 3182.

“Replacement Fee” means, in respect of any Goods (or any part of them) which are lost or were never returned, the reasonable cost of replacing such Goods by reference to competitive market prices;

“Security Deposit” is an amount determined by us from time to time, taking into account the value of the Goods and any other relevant factor as determined by us in accordance with our company policy

“VOI Requirements” is as outlined in clause 3.

2.1 You will comply with your obligations under this Agreement.

2.2 In order to provide you with the Goods, you agree to set up an online account with us so that we can collect all the necessary information about you or your business before you are provided with any Goods.

2.3 It is your obligation to ensure that the Hire Receipt or any other written notification we provide to you confirming the terms of this Agreement, correctly states the condition of the Goods and any ancillary information. If you require any information changes during the period of this Agreement, you must notify us as soon as possible.

2.4 If you are contracting with us for the hire of Goods directly to a third party, then you will:

a ) procure that such third party will comply with the terms of this Agreement; and

b ) indemnify us for any claim, loss, damage, or expense incurred by us as a result of any breach of the terms of this Agreement by such third party.

2.5 You acknowledge and agree that:

a ) you received the Goods in good, clean condition and in full working order, and that you raised any defects during pick-up at our Premises and this was recorded on your Hire Receipt;

b ) at all times you will use and look after the equipment in a proper manner;

c ) the equipment shall be maintained and returned in good clean condition and full working order; and

d ) you will exercise reasonable diligence, care and consideration when using the Goods and will not tamper with, damage or attempt to repair the Goods.

3.1 Unless otherwise agreed by us, before we provide you with the Goods, you must provide the following information:

a ) your Australian passport (dated up to three years after the expiry date), a valid foreign passport, an Australian driver’s licence from any state, or another form of ID that consists of your full legal name and photo;

b ) recent proof of your address, on a utility bill, bank statement, or any other equivalent document no older than 3 months which consists of your name and address; and

c ) your credit card details.

3.2 You agree that we will securely retain a physical or digital copy of the proof of identity for the purposes of the VOI Requirements on our system until you pay all required Charges. Unless you consent to us keeping it for the future hire of Goods, we will destroy all records of your identification after 365 days of payment of the Charges.

3.4 We may request a second form of identification if we are not satisfied with the form of identification you have produced, or it is in a form that we cannot verify. If this Agreement is solely executed online, we will require you to comply with the VOI Requirements by uploading a copy of your valid identification to our website and may request that you bring these forms of identification when picking up Goods from our Premises.

3.5 We reserve the right to deny you the hire of any Goods if we are not satisfied with the provided identifications for the purposes of our VOI Requirements either online or in person during pickup on our Premises. If any Charges have been made and you have been denied the Goods due to the VOI Requirements you will be entitled to a refund of any of that money.

4.1 You must make an appointment or booking in advance to hire any Goods.

4.2 We may accept walk-in appointments in our sole discretion. You acknowledge and agree that:

a ) there may be a minimum wait time of 2 hours before we are able to provide you with the Goods; and

b ) any Goods supplied to you in connection with a walk-in booking does not affect your obligations under this Agreement, including to inspect the state of the Goods for the purpose of clause 2.3;

4.3 In consideration for providing the Goods, and at the time of making a booking or appointment with us, you agree to pay the Hire Charge and Security Deposit and to authorise the Pre-Authorisation in accordance with clause 5.

4.4 All information that we provide is supplied in good faith, but we do not warrant or guarantee the accuracy or completeness of any information provided by us or any third party.

4.5 We will not be obliged to provide any Goods under this Agreement that are not described in a Hire Receipt.

4.6 You will pay us the Hire Charge and any other Charge incurred in connection with the supply of the Goods to you in accordance with this Agreement.

4.7 Any further Charges, for cleaning, damage, late returns, loss, breakdown, or Interest incurred in accordance with this agreement, will be charged in accordance with this Agreement.

5.1 Before we accept your booking or appointment, you acknowledge and agree:

a ) to pay the Security Deposit; and

b ) we may take a pre-authorisation of the Replacement Fee on your credit card (“Pre-Authorisation”).

5.2 The Security Deposit and, if applicable, the Pre-Authorisation charged to your credit card, will be released to you if you have fulfilled your obligations under this Agreement including but not limited to:

a ) you have paid all Charges due to us under this Agreement;

b ) you have returned the Goods to us at the end of the Hire Period; and

c ) there has been no damage or loss in relation to the Goods.

5.3 You acknowledge and agree that any refund that is to be processed in accordance with clause 5.2 can take up to 30 business days to be processed depending on your financial institution.

5.4 Notwithstanding any other provision in this Agreement, if you incur any:

a ) Late Fee in accordance with clause 6;

b ) Cancellation Charges in accordance with clause 7;

c ) Replacement Fee in accordance with clause 8;

d ) Damage Fee in accordance with clause 9;

e ) Excess Amount in accordance with clause 10;

f ) Cleaning Costs in accordance with clause 11;

g ) Interest under this Agreement,

the Security Deposit and Pre-Authorisation will be used to cover all applicable Charges and Interest owed to us and any remaining balance on your card in respect of the Pre-Authorisation will be released to you.

5.5 If the Security Deposit and Pre-Authorisation under clause 5.4 is insufficient to cover the costs of any additional Charges and Interest incurred by you, you agree to pay us the balance of the Charges to our nominated account immediately on our request.

6.1 You agree to return the Goods to us at our Premises by the drop off time and date as specified in the Hire Receipt.

6.2 If the Goods are returned more than 1 hour after the specified return time on a Hire Receipt, you agree that you may incur and be obliged to pay an additional fee of $40 per hour, unless otherwise agreed by us (“Late Fee”). We may amend the Late Fee at any time in our sole discretion by giving written notice to you, and such amended Late Fee will apply to the future hire of any Goods under a new Hire Receipt.

7.1 You acknowledge and agree that once a booking is made by you to pick up the Goods within the time indicated on the Hire Receipt, you must do so within such time or, if no such time is indicated on the Hire Receipt, within a reasonable time (“Pick-up Time”).

7.2 You may cancel your order by contacting us in writing. If you cancel your order:

a ) outside of the 24-hour period before your Pick-up Time, you will receive a refund for your Booking minus 10% of your Hire Charge plus a $10 transaction fee incurred by us reversing your booking; or

b ) inside of the 24-hour period before your Pick-up Time, you will receive a refund for your Booking minus 50% of your Hire Charge plus a $10 transaction fee incurred by us reversing your booking.

(collectively, the “Cancellation Charges”).

7.3 Where you have incurred Cancellation Charges, we will notify you in writing. All refunds will be paid back into your nominated account. It may take up to 30 days to receive your refund.

7.4 You acknowledge that the Cancellation Charges are fair and reasonable and take into account the loss suffered by the Company as a result of your late cancellation, including our costs to prepare your order and lost opportunity.

7.5 We may at our discretion waive the Cancellation Charges in exceptional circumstances.

7.6 Where you have not cancelled your booking before the Pick-up Time and you fail to pick up the Goods within the relevant Pick-up Time, you agree that:

a ) we may keep the total Hire Charge paid by you at our sole discretion; and

b ) the Security Deposit and any applicable Pre-Authorisation will be released to you within a reasonable time.

7.7 Nothing contained in these Terms, excludes, restricts, or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

8.1 You agree that if you lose, or fail to return to us, all or part of the Goods you must pay the Replacement Fee.

9.1 You agree that any damage to the Goods that you cause or contributed to, will incur a Damage Fee as reasonably determined by us.

10.2 If you return the Goods in a damaged state and you have paid the Damage Waiver for Goods, you will only be required to pay the Excess Amount in lieu of the total Damage Fee we have assessed in connection with the damaged Goods, as shown in the table below:

Damage Fee / Excess Amount

Under $500 / $100

$501 – $1,000 / $200

$1,001 – $1,500 / $300

$1,501 – $2,500 / $800

$2,501 – $5,000 / $1,175

$5,001 – $10,000 / $4,500

$10,000 – $16,000 / $7,500

$16,001 – $24,000 / $11,500

$24,001 and above / $18,500

10.3 This clause 10 will not apply if the damage to the Goods was caused by your negligence or omission, or by your misuse or abuse of the Goods.

11.1 If we determine, in our sole discretion, that on returning the Goods, they need to be cleaned or serviced to return it to full working order, you agree to pay any reasonable cleaning or servicing costs specified by us (“Cleaning Costs”).

12.1 If the Goods breakdown, or you damage or lose the Goods during the Hire Period, you must notify us and return the equipment to us as soon as possible. You agree that you will not attempt to repair any Goods without our express prior written agreement.

13.1 You agree that you will be covered, if you see fit, by adequate insurance policies (even if this means you have to take out new policies) to cover loss, damage, theft or any other unforeseen circumstance that is a fault of yours. You agree to provide us with proof of these insurance policies if we ask for it.

14.1 If payment of any Charges is not received by any applicable due date either described in this Agreement or on the relevant Hire Receipt provided to you, we will be entitled (without prejudice to any other right or remedy) to:

a ) withhold further Goods being lent until payment is received in full and in cleared funds;

b ) require the Goods to be returned to our Premises;

c ) charge interest on the outstanding amount at the rate 5.5% per annum (“Interest”);

d ) require that you make advance payments of the Charges or other amounts due in full or in part prior to the supply or delivery of further Goods; and/or

e ) terminate this Agreement.

14.2 You will make all payments without tax deduction unless a tax deduction is required by law. If you are required to make a tax deduction by law, the payment due from you to us will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required.

15.1 You will use reasonable care and skill in using the Goods.

15.2 You agree to use your reasonable endeavours to ensure that you are full and accurate and notify us in writing if there is any change to the information supplied.

15.3 Except as provided in this Agreement and to the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Goods provided hereunder is given or assumed by us and all implied warranties are hereby excluded.

15.4 You agree that you will fully indemnify us and our team (e.g., directors, officers and employees) for any and all expenses and costs arising out of any claims, proceedings, demands, liabilities that result from, or have any connection with any of the following:

a ) loss, damage, lateness, cleaning or breakdown caused by you or that may result whilst using the Goods;

b ) your contractual breach or non-performance of this agreement in any Charges;

c ) a negligent, wilful or wrongful act or omission by you; or

d ) any tax liabilities or debts that arise for us due to your breach of your tax obligations under this agreement.

15.5 You also agree that we may set-off any amount owed to us from you against any fees or amount we owe you under this Agreement.

15.6 You will indemnify us for any loss, liability, or cost that we directly or indirectly suffer in relation to any tax other than tax levied under the law of Australia unless that loss, liability or cost is compensated by an increased payment.

16.1 Nothing in this Agreement will in any way exclude or limit either party's liability to the other for negligence, or liability for fraudulent misrepresentation or for any other liability which by law it is not possible to exclude or limit.

16.2 Your total liability to us (whether based on warranty, contract, tort, statute, misrepresentation or otherwise) arising out of, or in connection with, this Agreement, for any one event or a series of related events, will be limited to the total 1.5 times the Charges payable or paid (excluding GST and expenses) by you.

16.3 Neither party will be liable for any indirect, consequential, special, or incidental loss or damages of any kind including loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to this Agreement.

16.4 The parties acknowledge that the limitations of liability contained in this clause 16 are a fair and reasonable allocation of the commercial risk between the parties.

16.5 This clause 16 survives the termination or expiry of this Agreement.

17.1 Variations to this Agreement will only be effective if in writing and signed by authorised representatives of both parties.

17.2 We may assign, sub-contract, or otherwise transfer any or all of our rights and/or obligations under this Agreement. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations under this Agreement with our prior written consent, which can be refused at our absolute discretion.

17.3 If either party chooses to waive or ignore a breach of this Agreement, this will not prevent that party from taking action in respect of the same type of breach at a future date.

17.4 If any provision of this Agreement is held invalid or unenforceable, such provision will be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of this Agreement will continue in full force and effect.

17.5 This Agreement is governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

17.6 This Agreement may be executed in counterparts and all counterparts taken together will constitute one instrument.

17.7 This Agreement constitutes the entire agreement between the parties in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into this Agreement.