1. For all purposes under this agreement, AMG Audio cc chooses domicillium citandi et executandi at:
87 Thabanchu Ave
Glenvista
2058
The Hirer similarly chooses domicillium citandi et executandi for all purposes under this agreement at : The address stated above.
2. The equipment shall not be used by the Hirer for any purpose other than for which it was designed and hired. In addition, the Hirer shall not alter or in any way tamper with the equipment and only the authorised representatives of AMG Audio cc shall be entitled to repair or do any work on the equipment.
3. The Hirer shall not cede, assign, make over or alienate this agreement or any of the rights granted herein without the written consent of AMG Audio cc .
4. The Hirer shall at all times keep and maintain the equipment in good order and repair, and shall at the termination of the hire period, redeliver the hired equipment to AMG Audio cc in the same good order as existed at the time of the commencement of this hire agreement. Damaged and or lost equipment will be repaired or replaced at the hirer's expense.
5. AMG Audio cc reserves the right of access to the hired equipment at all reasonable times during the duration of this hire, either personally or through their appointed agents and/ or representatives, for the purpose of inspecting and/or repairing and/or replacing any part of the equipment.
6. The Hirer shall furthermore be under a duty to inform the landlord of the venue/s where the equipment is held that all the equipment has been hired and is therefore not the property of the Hirer.
7. In the event of the equipment or any separate part thereof being lost or stolen or damaged, the Hirer shall immediately notify AMG Audio cc in writing of such loss, theft, or damage. Notification is to be delivered by hand or (Registered Courier) to AMG Audio cc ’s domicilium as stated in Paragraph 1 hereof, and a receipt obtained. The hirer shall be obliged to pay AMG Audio cc the current replacement costs of the said equipment. Notwithstanding the loss or theft referred to herein, the Hirer shall continue to pay the rental and perform all such obligations due herein.
8. Notwithstanding anything to the contrary, AMG Audio cc shall not be responsible for any consequential loss or damage which may be sustained by the Hirer for and any reason whatsoever, or by reason of the equipment being temporarily out of order, and the Hirer hereby indemnifies AMG Audio cc against, and agrees to hold them not liable in respect of any claim for any such loss or damage that may be made against the Hirer by a third party.
9. The Hirer shall not have any claim of any nature whatever against AMG Audio cc to carry out any of its obligations under this agreement as a result of force majeure including, but without being limited to, any strike, lock out, shortage of labour or materials, delays in transport, accidents of any kind, or any default or delay by any sub-contractor or supplier of AMG Audio cc , riot or political or civil disturbances, the elements, any act of any state or government or any authority, or any other authority, or any cause whatsoever, beyond AMG Audio cc’s control.
10. Notwithstanding any express or implied provisions of this agreement to the contrary, any latitude or extension of time which may be allowed by AMG Audio cc to the Hirer is bound to perform or observe terms hereof, shall not under any circumstances be deemed to be waiver of AMG Audio cc’s rights at any time, and without notice to require strict and punctual compliance with each and every term hereof.
11. AMG Audio cc shall not be responsible for –
· Any breakdown in transport
· Electrical failure
· Lack of power source
· Incompatibility of Audio-Visual equipment with any third parties equipment.
. AMG Audio cc staff members or technicians shall not be responsible for any Third parties equipment ,for the setup, maintenance, programming, or operating equipment , where the equipment is deemed to be Hazardous. Incomplete or not compatible.
· Damage to equipment caused by artist, members of the public and other persons not in the employment of AMG Audio cc , whilst the equipment is being used for a performance or during installation and dismantling for such performances. Confiscation of equipment by customs officials or police or for interference by such persons.
12. In the event of it being necessary for AMG Audio cc to institute legal action against the Hirer, AMG Audio cc will be entitled to recover any and all costs including, but without being limited to, lawyer’s fees and collection commission.
13. Cancelation on confirmed bookings. The hirer agrees to pay AMG Audio cc a 100% cancellation fee, should the hirer cancel within 24 hours or less before the rental start date and 50% cancellation fee should the hirer cancel within 3 days before the rental start date.
14. Whereas and every clause of this agreement is sufficiently explained, it is understood that it will be regarded as the Sole Memorial, and any addendum added thereto, or variation thereof must be in writing and signed by both parties.
15. AMG Audio cc reserves the right to request a 50% deposit or full payment upfront prior to commencing installation, setup, or Rental
16. Late payment penalties may be charged at a 3% per month on overdue accounts exceeding 30 days.
17. All pricing in this document is based on the rental running its full duration, should the hirer decide to terminate the rental for any reason whatsoever before the rental termination date , the full price in this hire agreement will still be applicable. Cancellations prior to the rental starting, please refer to section 13.
18. AMG Audio reserves the right to facilitate and book their own accommodation when working out of town. This cost will be added to the quotation/Invoice . Should the client/hirer provide accommodation for AMG Audio cc staff members, the accommodation should be no less than a three-star hotel or equivalent, with no more than one person per bedroom (No Sharing)
19. AMG Audio cc may cancel this agreement if the Hirer-
· Commits a breach of any of the terms or conditions of this agreement or,
· Being an individual who dies or is provisionally or finally sequestrated or surrenders his estate, or Being in partnership, where the partnership is terminated for any reason whatsoever, or
Compromises or attempts to compromise generally with any of his/her creditors.
20. All the equipment listed in this quotation becomes the responsibility of the hirer/client for the duration of the hire period until returned and should be insured by you the hirer (client) for the duration that equipment is in your possession / venue (unless supervised by an AMG Audio cc Technician or Staff member)