Terms and Conditions

Super Sound Group Pty. Ltd.
ABN: 61 646 715 844

  1. Application
    1. Application of the terms and conditions (these terms) apply to the supply of audio visual, event staging and/or decorative items (goods/services) by Super Sound Group Pty Ltd (us, we, our) to you the customer (you/your). In the case where Super Sound Group Pty Ltd is providing goods/services on behalf of a Venue which you the Customer have an agreement with, these terms and conditions apply in addition to the standard terms and conditions of the Venue’s agreement with you (Venue Agreement).

 

  1. Definitions
    1. ‘Customer’ means the person or persons named on the proposal, hire agreement, invoice, purchase order, email or any other documentation produced in relation to an agreement for the supply of goods and/or services acting on behalf of and with the authority of the person so named.
    2. ‘Goods and/or Services’ means the supply of any audio visual, event staging and/or decorative items, cameras, editing and/or production services, outside broadcast services, studio services and the labour of any SSG staff member for setting up, packing down, delivering, picking up or operating of any equipment
      belonging to SSG or the Customer.
    3. ‘SSG’ means Super Sound Group Pty Ltd ABN: 61 646 715 844
    4. ‘Day’ means a period of 24 hours.
    5. ‘Event’ means the event described in the proposal.
    6. ‘GST’ means the Goods and Services Tax as defined in A New Tax Act (Goods and Services) 1999.
    7. ‘Hire Period’ means the period for which the Equipment is hired by the Customer as specified in the proposal from Delivery/Setup/Bump In to Bump Out/Return.
    8. ‘Price’ means the amount set out in the proposal and any further sums payable pursuant to the Agreement.
    9. ‘Proposal’ means a quotation for equipment rental, sale, technical services, or production provided by SSG.
    10. ‘Site’ means the designated place, venue, or location at which the goods are to be delivered or at which the Customer is to take possession of the goods.
    11. ‘Terms and Conditions’ means the full and current Terms and Conditions as per our website.
    12. ‘SSG base’ means Super Sound Group Pty Ltd office location in North Bendigo, Victoria.

 

  1. Offer and Acceptance

The agreement consists of:

    1. The proposal as sent to the customer
    2. The standard Terms and Conditions
    3. Any special conditions attached hereto and recorded in writing
    4. Any variation order pursuant to clause 4.
    5. Any request by the Customer to SSG for the supply of goods and/or services however made shall constitute acceptance of the Agreement notwithstanding that a request from a customer may be accompanied by its own terms and conditions and the Customer agrees that the Agreement shall apply to the exclusion of the Customer’s terms and conditions
    6. Where more than one legal person constitutes the Customer, each legal person shall be jointly and severally liable for each of the Customer’s obligations pursuant to the Agreement
    7. The Customer agrees to notify SSG in writing ten (10) days prior to the supply of goods and/or services of any changes which affect the legal entity, structure or management control of the Customer’s business.
    8. The Customer will not represent any third parties that in any way acts for SSG and SSG will not be bound by any contracts that the Customer makes with third parties for the sale or hire of goods and services

 

  1. Variations
    1. Either party may request a variation to the scope of the goods and/or services provided pursuant to the agreement.
    2. A request for a variation may be made orally, but must be confirmed in writing as soon as possible
    3. SSG will provide a quotation for the variation, but SSG will not be obligated to perform or supply any variation, particularly at short notice.
    4. The price will vary from the original proposal according to the variation requested
    5. SSG may charge for a variation if it is accepted verbally by the Customer’s conduct, and the price will change accordingly
    6. Where a proposal has been prepared, SSG has relied on advice, descriptions, or instructions by the Customer as to:
      1. the Site including protection from the elements
      2. the availability of power
      3. access to the Site
      4. Materials, etc. to be provided by the customer and the advice, descriptions, or instructions, misleading or inaccurate, SSG may charge as a variation any additional labour, materials or goods necessary to enable SSG to comply with its obligations pursuant to the Agreement and the Price will increase subject to the Customer signing the price increase given in writing by SSG to the Customer.

 

  1. Customer Obligations and Agreements
    The Customer must:
    1. Obtain all necessary approvals, permits, consents and permissions in relation to the Event for SSG to fulfil its obligations under the Agreement
    2. Ensure that where goods are being installed on any structure or held in place by any structure that the structure can hold the weight of those goods and that the structure is properly erected to take the anticipated loads involved in holding the goods.
    3. Make all enquiries necessary to comply with clauses 5a and 5b
    4. Ensure that the site is safe for all SSG employees or contractors to carry out the services required of SSG under the agreement
    5. Pay any amounts due and payable to SSG under the agreement within the time specified in the Agreement and in these Terms and Conditions
    6. Arrange insurance in accordance with these Terms and Conditions
    7. Unless otherwise agreed, provide power for the Event
    8. Ensure that the power provided is safe, and complies with relevant Australian Standards
    9. Pay the cost of any damaged goods damaged by any fault with the power supply
    10. The customer agrees that SSG is not liable for any failure to perform any of its obligations pursuant to the Agreement arising out of or in connection with any failure of fault of the power supply however caused and the Customer indemnifies SSG against liability to any person however arising, in respect or in connection with any fault or failure in the power supply
    11. The Customer agrees that SSG will not be liable in any way for equipment supplied by others but energised from SSG equipment. SSG reserves the right to refuse to energise dangerous or untested equipment
    12. The Customer releases SSG from any responsibility for failure of equipment malfunction or other causes

 

  1. Hire of goods
    1. All goods made available for hire will be charged at a day rate; discounts may be given for multi-day hires
    2. The commencement of the Day for the purposes of the agreement shall be when the goods are dispatched from SSG base
    3. All goods hired to the Customer by SSG remain the property of SSG, and must be returned to SSG at the expiration of the Hire Period
    4. Where any goods are not returned to SSG before the end of the Hire Period the Customer must pay additional hire charges for each Day or part thereof that the goods remain outstanding at the Day Rate for those goods
    5. All hired goods are to be returned in the same condition that they were in when dispatched to the Customer
    6. The Customer is fully responsible for all goods hired from SSG for the duration of the Hire Period, including any loss, theft, or damage to any equipment that the Customer or the Customers agents, contractors, invitees, or users cause
    7. The Customer must provide adequate security for all SSG equipment
    8. The Customer will not repair or attempt to repair or allow another person to repair any SSG equipment without written consent from SSG
    9. Repairs, alterations, modifications, or other such interferences with hired equipment shall be deemed to be customer misuse and all liability for resultant loss, damage or other causes will be the Customers responsibility
    10. Where SSG incur labour costs to fix equipment due to Customer misuse or interference, the Customer will be liable to pay such labour costs to SSG

 

  1. Lost or damaged goods
    1. The customer is fully responsible for the full replacement cost of any goods that are deemed to be lost, stolen, damaged or otherwise not returned to SSG within the Hire Period in the condition which they were supplied (“lost goods”)
    2. The customer is liable to pay SSG for any cross-hiring of replacement goods to replace any lost goods
    3. In the event of lost or damaged goods the Customer must notify SSG immediately
    4. The customer must pay to SSG its costs of replacing any lost goods. SSG will replace lost goods with identical or equivalent goods and the provision of SSG to the Customer of an invoice setting out the cost of the replacement goods shall be conclusive proof of the cost of replacing the lost goods and the Customer must pay that amount to SSG on demand

 

  1. Payment
    1. As soon as SSG receives notice from the Customer, the proposal and these Terms and Conditions will comprise a legal agreement which can be relied on by SSG. If there is any conflict between any term of these Terms and Conditions and any Venue Terms and Conditions that may apply, the Agreement will prevail in relation to our provision of services.
    2. SSG reserves the right to levy a surcharge for provision of Services provided between 11pm and 7am, on Sundays, on Public Holidays, or where staff are required for 12 or more hours, levied at our prevailing right. Where a surcharge may be applicable on labour, SSG will include this in the proposal.
    3. Where Customers are based internationally, in a state other than Victoria, or do not have a trade account with SSG, full payment is to be made to SSG before any goods and/or services will be provided. If payment is not received prior to the Event, SSG is under no obligation to provide any of the quoted goods and/or services to the Customer.
    4. Customers of SSG who have a trade account receive a 30 day from end of month account and are expected to pay the full invoice amount by the due date.
    5. SSG may require customers to pay a deposit to secure the booking, which will be included in the proposal.
    6. SSG will accept payment via EFT, PayID, Cash, VISA and MASTERCARD only.
    7. Goods will not be released until payment is confirmed.

 

  1. Cancellation
    1. SSG requires written notice of event cancellation, postponement, or changes in schedule as soon as possible.
    2. Deposits paid are not refundable.
    3. Where an event is cancelled 7 days prior to the scheduled start date, no fees or charges will be payable to SSG by the Customer and SSG will promptly refund in full any amount already paid by the Customer in relation to the cancelled Event, less any deposit paid.
    4. Where an event is cancelled within 7 days of the scheduled start date, any fees, charges for materials or labour, or other reasonable costs incurred by SSG will be payable by the Customer to SSG in accordance with the usual payment terms.
    5. When an Event is cancelled by the Customer within 2 days of the scheduled event time, the full amount quoted will be payable by the Customer in accordance with the usual payment terms.

 

  1. Intellectual Property and Materials
    1. The services provided by SSG do not include obtaining any licence or consent from any third party for us of any intellectual Property including any copyright, designs, patents, registered and unregistered trademarks, whether contained in a computer program or system, music, film, graphic, printed, or other material media of any kind which is in any way used to form part of your event.
    2. SSG warrants that the customer holds any necessary licences or approvals.
    3. All Intellectual Property provided, created, or produced by SSG or on SSGs behalf including without limitation, in all systems, music, creative concepts, scripts and styling will remain the exclusive property of SSG and the Customer will not acquire any rights to it.
    4. The Customer agrees that SSG can use photographs and images SSG take of your event and other material we create or provide for our promotional purposes including examples of our work, in any brochure, newsletter, manual, report, social media, website or other media.
    5. SSG requires any audio visual “content” including, but not limited to presentations, videos, recordings, images, and video conferencing links to be provided 2 days prior to the start date of the event. SSG cannot guarantee that any content received after this time will be checked, tested, proofed, or provided to our staff for playback at the event.
    6. SSG do not accept responsibility for proofing, layout, typesetting, custom fonts, or any other formatting of content provided by the customer. SSG will test and confirm the technical viability of content that is received before the due date.
    7. SSG prefers content to be delivered to us via email, Microsoft SharePoint, or otherwise agreed upon which will be provided to the customer on acceptance of the proposal. SSG prefers to deliver video recordings to customers via YouTube link or otherwise agreed upon the agreed time prior to the event.

 

  1. Installation
    1. SSG is not responsible for the installation or set up of any goods unless specified in the proposal.
    2. The Customer acknowledges that SSG may be dependent upon other contractors preparing the Site for their goods or their installation.
    3. SSG shall not be liable for any delay in installing the goods or providing services where such delay is a consequence of any act or omission on the part of any person other than SSG.

 

  1. Insurance
    1. The Customer must obtain insurance with an authorised Australian Insurer for the full replacement value of all goods provided to the Customer under the Agreement, including as a minimum, cover against fire, accident, theft, storm water and damage. The Customer will name SSG under such policy.
    2. The Customer clearly understands that the responsibility for all insurance on hired equipment shall remain with the Customer.
    3. The Customer is responsible for extending insurance coverage for as long as SSG goods are in the possession of the Customer, or the Customers agents, contractors, invitees, or users.

 

  1. Risk and responsibility
    1. If any of the goods are damaged or destroyed during the Hire Period or under possession of the Customer, Customers agents, contractors, invitees, or users, SSG is entitled, without prejudice to any of its other rights and remedies under any agreement, to insurance proceeds payable for the goods
    2. Any of the Customers equipment or property used at an Event is the Customers responsibility and used at the Customers own risk
    3. To the extent permitted by law, SSG will not have any liability for any failure, default or delay caused by the Customer or another third-party providing goods and/or services to the Customer or by anything outside the control of the Customer or SSG
    4. The Customer agrees to indemnify SSG from all loss, cost, expense, damage and/or liability (“harm”) SSG suffer or incur arising in connection with your event or our provision of the Services to the extent it is caused by the negligent, wilful, or wrongful act or omission by the customer, or any of the customers servants, agents, contractors, or invitees or by the customers breach of the Agreement.

 

  1. Severance
    1. If any term of an agreement is found to be unenforceable for reasons of invalidity or illegality, the term shall be read down to the extent necessary so that it is enforceable, valid, and legal.
    2. If any term of an agreement cannot be read down, it shall be severed, and the remaining terms of any agreement shall not be affected.

 

  1. No Waiver
    1. The Customer agrees that no waiver by SSG of any breach of an agreement shall be a waiver of any continuing or recurring breach.

 

  1. Jurisdiction
    1. Any agreement with SSG shall be governed by and constructed in accordance with the laws of the State of Victoria.
    2. The Customer submits to the jurisdiction of the Courts of the State of Victoria.

 

Super Sound Group

Super Sound Group is a professional Sound, Lighting and Vision company specialising in Major Events, Conferences, Broadcasting and Parties providing Hire, Production, Sales and Installations.

Contact Us
  • (03) 5400 1330
  • admin@supersound.au
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