Terms & Conditions of Hire

In these Terms & Conditions:

Company means Audiopod (ABN 99 531 159 233), including its authorised employees, agents and contractors where applicable.

Customer means the individual, business or organisation hiring equipment or services from Audiopod.

Equipment means all audiovisual equipment, lighting, staging, furniture, accessories, cables and other items supplied by Audiopod for hire.

Hire Period means the agreed period during which Equipment is hired, commencing and ending at the times specified in the accepted booking or quotation.

Agreement means the accepted quotation, booking confirmation or other agreed hire documentation, together with these Terms & Conditions.

Services means delivery, setup, installation, operation, technical assistance, dismantling, collection and any other services agreed between Audiopod and the Customer.

2.1 Quotations are valid for 30 days from the date of issue unless otherwise stated.

2.2 A booking is confirmed when Audiopod accepts the Customer's booking request or quotation acceptance and confirms the agreed Equipment, Services, dates and charges.

2.3 Audiopod may require a deposit or advance payment as specified in the quotation or booking confirmation.

2.4 Unless approved credit arrangements apply, payment is required before Equipment is delivered or collected by the Customer.

2.5 Any changes to a confirmed booking, including Equipment quantities, delivery times, collection times or event requirements, must be agreed with Audiopod.

2.6 Additional Equipment or Services requested after booking confirmation may incur additional charges, which will be communicated to the Customer for approval.

2.7 These Terms & Conditions must be made available to the Customer before the booking is confirmed. Acceptance of the booking confirms agreement to the terms, subject to any rights that cannot lawfully be excluded.

3.1 Customers should notify Audiopod as soon as possible if they wish to cancel or change a booking.

3.2 Where cancellation occurs more than 24 hours before the agreed commencement of hire, no standard cancellation fee will apply. However, Audiopod may recover reasonable, demonstrable and non-recoverable costs already incurred specifically for the booking, where those costs were disclosed or reasonably foreseeable and recovery is permitted by law.

3.3 Where cancellation occurs within 24 hours of the agreed commencement of hire, Audiopod may charge reasonable costs and losses directly resulting from the cancellation, taking into account expenses avoided and any opportunity to rehire the Equipment.

3.4 Where Equipment has already been delivered, installed or otherwise supplied, the Customer remains responsible for Services performed and reasonable costs incurred up to cancellation.

3.5 Any deposit paid will be credited against amounts properly payable. Any remaining balance will be refunded where required under the Agreement or applicable law.

3.6 If Audiopod cannot provide agreed Equipment or Services, it will discuss suitable alternatives, rescheduling or an appropriate refund with the Customer, subject to applicable consumer guarantees.

3.7 Nothing in this section limits any refund, cancellation or other rights available under Australian Consumer Law.

4.1 Audiopod offers delivery and collection seven days a week, subject to availability and confirmed booking arrangements.

4.2 The standard delivery and collection charge is a minimum of $100 excluding GST for locations within 20 kilometres of Victoria Square, Adelaide CBD.

4.3 For locations beyond this 20-kilometre zone, the delivery and collection charge is calculated at $6 excluding GST per billable one-way kilometre, subject to the minimum charge of $100 excluding GST. Distance is measured using the agreed road route, with billable distance rounded down to the nearest whole kilometre.

4.4 The standard delivery charge includes up to one hour of basic equipment setup where required and appropriate for the Equipment hired.

4.5 Complex installations, additional crew, extended setup, staging, specialised rigging or other labour-intensive work may incur additional charges. Such charges will be identified in the quotation or agreed with the Customer before additional work proceeds.

4.6 Where collection and pack-down are requested after 8:00 pm, an additional late-night callout fee of $80 excluding GST applies.

4.7 Delivery and collection times are subject to reasonable access, traffic conditions, site readiness and other circumstances affecting safe operations. Audiopod will communicate material changes as soon as reasonably practicable.

4.8 The Customer must provide safe, suitable and timely access for delivery, setup and collection.

4.9 Where additional attendance, waiting time or return visits are necessary because the agreed site access or collection arrangements have not been provided, reasonable additional charges may apply after the Customer has been advised where practicable.

4.10 Audiopod may decline to undertake an installation or connection that presents an unacceptable safety risk or does not comply with applicable electrical, workplace safety or other legal requirements.

4.11 Work at height, including work above three metres, must comply with applicable work health and safety requirements and any necessary risk assessments or safety procedures.

4.12 Delivery and collection arrangements may be varied by agreement and confirmed in writing.

5.1 The Customer must take reasonable care of all hired Equipment and use it only for its intended purpose.

5.2 The Customer is responsible for loss of or damage to Equipment occurring while it is in the Customer's possession or control, to the extent caused by the Customer or persons for whom the Customer is legally responsible, subject to applicable law.

5.3 Equipment must not be modified, dismantled, repaired, relocated or connected to unsuitable electrical systems without Audiopod's approval.

5.4 The Customer must ensure that Equipment is operated in accordance with any instructions supplied and that electrical circuits are not overloaded.

5.5 Equipment must be protected from rain, excessive moisture, liquids, excessive heat, unauthorised interference and other reasonably foreseeable hazards.

5.6 The Customer must promptly notify Audiopod of any malfunction, loss, theft or damage.

5.7 Equipment must be returned with all supplied accessories, cables, cases and components, in substantially the same condition as supplied, allowing for fair wear and tear.

5.8 The Customer may be charged reasonable repair or replacement costs for loss or damage for which the Customer is responsible. Charges must reflect actual loss and must not exceed amounts recoverable under applicable law.

5.9 The Customer is responsible for obtaining any venue permissions, permits and approvals required for the event or use of the Equipment, unless Audiopod has expressly agreed to arrange them.

5.10 The Customer must ensure that the venue and installation area are reasonably safe, accessible and suitable for the agreed Equipment and Services.

6.1 Equipment must be available for return or collection at the agreed time.

6.2 Requests to extend the Hire Period are subject to Audiopod's approval and Equipment availability.

6.3 Additional hire charges may apply where Equipment is retained beyond the agreed Hire Period. The applicable charges will be based on the agreed hire rates or another rate communicated and accepted by the Customer.

6.4 Where a late return prevents another confirmed booking or causes additional collection costs, Audiopod may seek recovery of reasonable, substantiated losses to the extent permitted by law, avoiding duplicate recovery.

6.5 Early return of Equipment does not automatically entitle the Customer to a refund for unused hire time, subject to any applicable statutory rights or agreed variation.

6.6 Where Equipment is not returned, Audiopod may request its immediate return and pursue lawful recovery procedures.

6.7 Audiopod will not enter premises or remove Equipment without lawful authority or the consent required by law.

7.1 Audiopod recommends that Customers arrange appropriate insurance for hired Equipment and event-related risks.

7.2 The Customer should check whether their existing business, event, public liability or contents insurance provides suitable cover for hired Equipment.

7.3 Unless otherwise agreed in writing, Audiopod does not arrange insurance on the Customer's behalf.

7.4 The absence of insurance does not automatically make the Customer liable for every loss. Responsibility for loss or damage is determined under the Agreement and applicable law.

7.5 Where the Customer is responsible for uninsured loss or damage, Audiopod may recover reasonable repair or replacement costs, taking into account the condition, age and value of the Equipment and applicable legal requirements.

8.1 Audiopod will take reasonable care to supply Equipment that is suitable for the agreed purpose and in appropriate working condition.

8.2 The Customer should report any Equipment malfunction as soon as reasonably practicable, providing sufficient information to assist diagnosis.

8.3 Where a fault is attributable to the Equipment rather than misuse or circumstances outside Audiopod's control, Audiopod will take reasonable steps to provide technical assistance, repair, replacement or another appropriate remedy.

8.4 Where Equipment cannot be repaired or replaced within a reasonable time, the Customer may be entitled to a refund, price reduction or other remedy, depending on the circumstances and applicable law.

8.5 Audiopod is not responsible for faults caused by improper use, unauthorised modifications, unsuitable power supplies or external systems outside its control, except to the extent responsibility arises under applicable law.

8.6 Nothing in this section excludes or restricts consumer guarantees or other rights that cannot lawfully be excluded.

9.1 Nothing in these Terms & Conditions excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified under Australian Consumer Law or other applicable legislation.

9.2 To the extent permitted by law, each party is responsible for loss or damage caused by its own negligence, breach of the Agreement or other legally actionable conduct.

9.3 Audiopod is not responsible for losses arising solely from circumstances outside its reasonable control, except where liability arises under applicable law.

9.4 For outdoor events, the Customer must provide suitable weather protection and a safe operating environment where required for the Equipment.

9.5 Audiopod may suspend, disconnect or decline to operate Equipment where it reasonably considers that continued operation presents an immediate or unacceptable safety risk, including risks arising from rain, high winds, electrical hazards or unsafe structures.

9.6 Where operations are interrupted for safety reasons, the parties will discuss reasonable alternatives, including rescheduling, modified services or any applicable refund.

9.7 Any charges for Services already provided or unavoidable costs arising from a safety-related interruption must be reasonable, supported by the circumstances and consistent with applicable law.

9.8 Audiopod does not guarantee uninterrupted operation where Equipment relies on third-party power, internet connections, broadcast signals or systems outside Audiopod's control.

9.9 This section does not remove any obligation Audiopod has to exercise due care and skill or provide services fit for an agreed purpose under applicable law.

10.1 All hire charges and additional Services will be invoiced in accordance with the accepted quotation or booking confirmation.

10.2 Unless otherwise expressly stated, advertised Audiopod hire prices are exclusive of GST. Applicable GST will be identified in quotations and invoices. Any mandatory consumer-facing total-price disclosures must comply with Australian Consumer Law.

10.3 Payment is required before Equipment is supplied unless approved credit terms have been agreed in writing.

10.4 Customers with approved credit arrangements must pay invoices by the due date specified on the invoice or in the agreed credit terms.

10.5 If payment becomes overdue, Audiopod may issue reminders and request payment within a reasonable period.

10.6 Audiopod may recover reasonable and legally recoverable debt collection costs where permitted by the Agreement and applicable law.

10.7 Any interest or late-payment charge must be expressly disclosed and agreed before it applies and must comply with applicable law. No automatic overdue-interest rate is imposed by these Terms.

10.8 Audiopod may decline future bookings or suspend Services not yet performed where payment obligations remain outstanding, subject to existing contractual commitments and applicable law.

10.9 Nothing in this section limits a Customer's right to dispute an invoice in good faith.

11.1 Unless otherwise agreed in writing, intellectual property in Audiopod's original technical designs, production plans, drawings, specifications and other proprietary materials remains the property of Audiopod or the relevant rights holder.

11.2 The Customer may use materials supplied by Audiopod for the agreed event or purpose to the extent authorised by the Agreement.

11.3 The Customer must not reproduce, distribute or commercially exploit Audiopod's proprietary materials beyond the agreed purpose without permission, except where permitted by law.

11.4 This section does not transfer ownership of any intellectual property belonging to the Customer or third parties.

12.1 These Terms & Conditions are governed by the laws of South Australia and applicable Commonwealth legislation.

12.2 The parties submit to the jurisdiction of courts with authority to hear disputes arising under the Agreement, subject to any rights or protections that cannot lawfully be excluded.

12.3 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to operate to the extent permitted by law.

12.4 Any variation to the agreed hire arrangements should be confirmed in writing.

12.5 These Terms & Conditions apply together with the accepted quotation and booking confirmation. Any specifically agreed variation will prevail to the extent of an inconsistency, subject to applicable law.

12.6 Audiopod may update its standard Terms & Conditions from time to time. Changes will not retrospectively alter an existing confirmed booking without the agreement of the parties or another lawful basis.