TERMS & CONDITIONS APPLYING TO HIRING SERVICES

The following terms and conditions apply to the provision of Hiring Services by Australian Piano Movers Pty Ltd ACN 165 552 241 (“APM”) to the Customer. In these terms and conditions Hiring Services means the supply on a hire basis of specified pianos and associated accessories for purposes and uses approved in advance and in writing by APM to customers approved in advance and in writing by APM in its sole and absolute discretion subject always to the terms and conditions of this document. Where the Customer authorises and permits APM to provide Hiring Services it is deemed to accept the terms and conditions set out in this document.

The Customer acknowledges and agrees that APM is at liberty to and shall have no liability to the Customer in the event that APM in its sole and absolute discretion determines to supply to the Customer an alternative make or model of piano and or associated accessories of equivalent value or quality to that requested by the Customer.

By requesting the provision of Hiring Services by APM the Customer acknowledges that it shall be necessary for employees or agents of APM to access and enter the Customer’s premises or other premises at the direction or request of the Customer. By its request for APM to provide Hiring Services the Customer warrants that all reasonable and necessary care has been taken to remove, minimise or alert APM to any existing or foreseeable latent and patent risks to the health and safety of the employees and agents of APM at the premises (whether it be one or more) at which the Hiring Services are to be conducted and the Customer hereby indemnifies and agrees to keep indemnified APM against any loss, claim, damages and expenses suffered or incurred by APM by reason of any injury to the person or property of APM, its employees or agents arising by reason of deficiencies or defects in the habitability, structural integrity or condition of any premises at which Hiring Services are to be conducted for or on behalf of the Customer.

The Customer agrees to arrange and ensure clear unrestricted access and egress to, from and within the premises (whether one or more) at which the Hiring Services are to be performed and hereby indemnifies and agrees to keep indemnified APM against any claim, loss, damages or expense arising on account of its failure to do so.

The Customer is not entitled to and shall not regard or represent itself as the agent of or in any way authorised by APM.

The Customer agrees that it shall procure and keep current adequate policies of insurance that provide the necessary cover for risks that may reasonably foreseeably occur as a result of and/or arising from the Customer’s hire of any piano or associated accessory from APM.

The Customer acknowledges and agrees that it is liable for the loss of or any damage to items that are the subject of the Hiring Services including repair and restoration costs, expenses or charges. The Customer hereby indemnifies and agrees to keep indemnified APM against any claims, actions, proceedings, suits, judgments, demands, penalties or infringements on account of injuries to persons or property during the period of the Hiring Services by reason of the provision of the Hiring Services and the use of the items subject to the Hiring Services.

Title in and to the items subject to the Hiring Services shall at all times remain with APM.

In consideration of the provision by APM of Hiring Services the Customer hereby indemnifies and agrees to keep indemnified APM against claims of trespass and unlawful entry and any costs, expenses, damages or losses arising thereby in respect of any premises at which the Customer requests APM to conduct Hiring Services.

The Customer agrees to pay the costs, fees, expenses and charges for the Hiring Services at the rates and calculated in the manner advised by APM prior to the provision of the Hiring Services. All such fees, costs, expenses and charges are to be paid in Australian dollars together with any applicable GST.

Payment of any invoices must be made as and when stipulated upon any such invoices or where advised by APM in advance in order for the provision of the Relocation Services to proceed.

If any amount payable by the Customer to APM is not paid when due APM shall be entitled to charge the Customer interest on the unpaid amount calculated daily at a rate being 1% greater than the Commonwealth Bank of Australia business lending rate then applying and APM shall be entitled to recover from the Customer as a debt due any and all reasonable expenses (including legal costs on a solicitor/own client basis and contingent expenses such as debt collection commission) incurred by APM in the enforcement of the Customer’s obligations under this Agreement and the recovery of monies due from the Customer to APM.

APM’s liability for any claim in connection with the provision of Hiring Services will not extend to any indirect or consequential loss (including but not limited to aggravated, special, punitive or exemplary damages, non-economic loss, loss of opportunity or loss of earnings).