ACCOUNT INFORMATION

Terms & Conditions

Terms and Conditions Definitions In these Terms: Customer means the entity described in the Quotation as the Customer. Goods means audio visual equipment as described in the Quotation and includes all accessories and other equipment. GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Invoice means an invoice issued by Nextgen to the Customer in relation to the Goods and Services detailed in the Quotation. Nextgen means Nextgen AV Pty Ltd (ACN 607 371 742) and its substitutes, successors and permitted assigns and its licencees, franchisees and agents. Quotation means the written document provided by Nextgen to you describing the applicable Goods, Services and the associated charges. Rental Period means the period beginning and ending on the dates set out in the Quotation or, if the Goods are stolen or damaged beyond repair, the date on which the insurance company confirms that it will accept that the Goods have been stolen or are damaged beyond repair. Services means the services provided by Nextgen as described in the Quotation. Terms means the terms and conditions contained herein. Application

The Quotation is subject to these Terms.
The Quotation and these Terms form a contract between the Customer (you, your) and Nextgen when you:
communicating your acceptance to Nextgen in writing;
electronically sign the Quotation via Nextgen’s online platform; or
otherwise receive the Goods and/or Services from Nextgen,

(the Agreement).

The pricing and specification in the Quotation is subject to change at Nextgen’s sole discretion up until the time you have accepted the Quotation via Nextgen’s online platform.

Rental of Goods

Nextgen will use its best endeavours to rent and make available the Goods to you for the Rental Period.
You acknowledge that some Goods may be unavailable from time to time and Nextgen may replace certain Goods in the Quotation to other goods of a similar standard and application.
You are entitled to use the Goods for the Rental Period and for any agreed extension of the Rental Period.
You agree to return the Goods to the address listed in the Quotation or otherwise advised by Nextgen at the end of the Rental Period.
You agree not post the equipment to Nextgen unless Nextgen has given you explicit written authority.

Provision of Services Nextgen will endeavour to provide you with the Services during the Rental Period. Pricing increase for Goods and Services

You agree and acknowledge that Nextgen may need to increase the prices for Goods and Services in the Quotation or Invoice due to various commercial and industry factors.
Nextgen may, upon the provision of written notice to you, increase the prices for Goods and Services the subject of the Quotation or Invoice.
In the event that Nextgen gives notice of a price increase in accordance with clause (b) above, you may terminate the Agreement.
In the event that you do not accept the price increase given in accordance with clause (b) above and terminate the Agreement in accordance with clause (c) above:
you will be liable to pay to Nextgen all amounts reasonably incurred by Nextgen up until the time of termination; and
to the extent applicable, your other obligations in accordance with these Terms will survive termination,

Payment for Goods and Services

- - You agree to pay to Nextgen the amount of the rental charge as set out in the Quotation and confirmed in the Invoice.
  - You also agree to pay the other amounts, set out in the Quotation and the Invoice, and any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with these Terms or your hiring of the Goods.
  - You further agree to pay the other amounts, otherwise in connection with Nextgen reasonably providing the Services to you.
  - You authorise Nextgen to complete any documents necessary or desirable to enable you to make any payments through any credit card system.
  - You agree that Nextgen may charge you interest on any amount outstanding for the period from 28 days after receipt of the Invoice until payment in full, calculated on a daily basis using an interest rate equal to the Reserve Bank Cash Rate Target as at the bill date plus 2 percentage points.

Customer’s warranties You warrant that:

the information and particulars provided by you are correct in every respect and are not misleading in anyway, including, without limitation, by omission;
you will not breach any copyright or other restriction in relation to or in connection with the Goods;
you will not assign, loan, transfer or otherwise allow a third party use of the Goods without the explicit written approval of Nextgen; and
in selecting the Goods you have not relied on Nextgen’s skill and judgment or on any representations made by or on behalf of Nextgen and you agree that the Goods comply with their description, are in merchantable condition and are fit for your purpose.

Customer’s obligations You will:

keep the Goods in first class condition and only use them prudently and carefully;
not use the Goods for any illegal purpose;
report any damage to, or loss of, the Goods to Nextgen immediately such damage or loss occurs;
take all reasonable steps to comply with the warranties provided to Nextgen;
obtain all necessary permits and or plans and pay such fees as may be required to operate or use the Goods;
upon installation, delivery or collection of the Goods, immediately examine the Goods to satisfy yourself as to the Goods condition and suitability and fitness for the purpose to which you require the Goods;
accept the Goods and acknowledge that examination has been completed and that the Goods are suitable;
not remove the Goods from the location designated in the Quotation, and not sell, sub-hire, part with possession or part with control of, the Goods, without Nextgen’s written explicit permission;
use the Goods in a proper, safe and prudent manner and only for the purpose and capacity for which they were designed and in accordance with any manufacturer’s guidelines, instructions or specifications.
comply with any written instructions given to you or accompanying the Goods;
return the Goods to Nextgen by the end of the Rental Period in the same or near similar condition to that it was provided by Nextgen to you and in accordance with any directions detailed in the Quotation;
grant, or cause to be granted, Nextgen reasonable access to enter the premises where Goods are located until any such time as the Goods are returned to Nextgen;
be liable for any breach of these Terms committed by any third party including but not limited to, your servants or agents; and
indemnify Nextgen for any loss (including reasonable legal costs) incurred by Nextgen in relation to any breach of these Terms and for any liability arising out of any such breach.

Cancellation

In the event that you wish to cancel the Agreement, you must give Nextgen no less than (21) twenty-one days written notice prior to the start date in the Quotation (“Notice”) of your intention to do so.
If you cancel the Agreement by giving Notice in accordance with clause (a) above, you will be liable to pay to Nextgen all amounts reasonably incurred by Nextgen up until the time of cancelation.
If you fail to give Nextgen the required Notice in accordance with clause (a) above, you will be liable to pay to Nextgen all amounts set out in the Terms regardless of whether such Goods or Services have been fully provided by Nextgen at that time.

Insurance You will maintain at your own expense all appropriate policies of insurance, including but not limited to:

for theft and damage to the Goods in an amount not less than the full replacement cost of the Goods; and
for liability, property and casualty insurance coverage in amounts necessary to fully protect Nextgen and its Goods against all claims, loss or damage whatsoever.

Repossession Nextgen may retake possession of the Goods if you breach or are likely to breach any provision of these Terms. Statutory warranties In some instances, Nextgen’s Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. If the consumer guarantee provisions of the Australian Consumer Law are applicable:

for major failures with the Services, you are entitled:
to cancel the Services; and
to a refund for the unused portion, or to compensation for its reduced value;
you are also entitled to choose a refund or replacement for major failures with the Goods. If a failure with the Goods or Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Exclusion of liability To the fullest extent permitted by law, all warranties, conditions and guarantees that may otherwise apply or be implied are excluded and Nextgen’s only obligation resulting from a breach by it or of any condition, warranty or guarantee that cannot be excluded is limited to:

replacing the Goods or supplying Goods similar to the Goods, repairing the Goods, paying the cost of replacing the Goods or paying the cost of repairing the Goods; or
supplying the Services again or the payment of the cost of having the Services supplied again.

Title to Goods

You acknowledge that Nextgen retains title to the Goods and that you have rights to possess the Goods as a mere bailee only. You do not have any right to pledge Nextgen’s credit in connection with the Goods and agrees not to do so.
You also agree not to agree, attempt, offer or purport to sell, assign, sublet, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.
The Agreement creates a security interest in favour of Nextgen in the Goods pursuant to the Personal Property Securities Act 2009 (Cth).
You undertake to immediately do such acts and provide such information as in Nextgen’s opinion may be necessary or desirable to enable Nextgen to perfect any security interest created or provided for by these Terms, as a perfected security interest with first priority.
To the fullest extent permitted by law, you waive any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to the interests created or provided for, or perfected in the manner contemplated by, these Terms.

Termination

Either party may terminate the Agreement by notice in writing to the other if the party notified fails to observe any term of the Terms or the Agreement and fails to rectify this breach, to the satisfaction of the notifying party, following the expiration of seven days’ notice of the breach being given in writing by the notifying party to the other party.
Despite anything in the Terms or the Agreement to the contrary, Nextgen may terminate this agreement at any time by notice to you in writing, if you are guilty of any dishonesty, serious misconduct or serious neglect of duty, in or in connection with the provision of the Goods and Services.
Either party may terminate this agreement upon the happening of any of the following events:
if you are a corporation:
you enter into a deed of arrangement or an order is made for it to be wound up;
if an administrator, receiver or receiver/manager or a liquidator is appointed to you pursuant to the Corporations Act;
if you would be presumed to be insolvent by a court in any of the circumstances referred to in the Corporations Act;
if you are a partnership, the partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
if you are a natural person, you die or become bankrupt; or
if you are a trustee, the trust is wound-up, dissolved, terminated or revoked.
Upon termination of this agreement in accordance with this clause 15:
you will be liable to pay to Nextgen all amounts reasonably incurred by Nextgen up until the time of termination; and
to the extent applicable, your other obligations in accordance with these Terms will survive termination,

Force Majeure Nextgen is not liable for default or failure in performance of its obligations pursuant to these Terms resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Nextgen. No relationship

Nothing in this agreement constitutes the relationship of employer and employee between you and Nextgen or between the you, Nextgen and any third party. It is the express intention of the parties that any such relationships are denied.
These Terms and the Agreement will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in the Agreement.
Neither party will have, nor represent that it has, any authority to make any commitments on the other party’s behalf.
Business development material
From the time Nextgen commences providing the goods and/or services, each party authorises the other party to:
disclose that (as applicable) Goods and Services were provided in business development materials, including by the use of the other party’s name and logo; and
use photographs, videos or other digital material taken by it in its business development materials.
Either party may revoke the authority in clause (a)(i) above by giving 28 days’ written notice to the other party.

No waiver Time is of the essence of this Terms, except that no delay by Nextgen in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power. No Setoff You shall not be entitled to set off against or deduct from any amounts from any sums owed or claimed to be owed to Nextgen by you. Non-circumvention The parties agree not to circumvent or attempt to circumvent the purposes of these Terms or the Agreement, in any manner whatsoever whether directly or indirectly. Amendment The Agreement may only be varied, supplemented or replaced by a document executed by the parties. Severability Any provision in these Terms which is invalid or unenforceable is to be read down to the extent necessary so as that provision may be valid and enforceable. If that is not possible, such provision must be severed from these Terms without affecting the validity or enforceability of the remaining provisions of these Terms. Entire Agreement These Terms supersedes all prior terms and conditions, discussions, representations, warranties, agreements, arrangements or undertakings relating to these terms and conditions given to or provided by Nextgen or any other third party to you or otherwise.

Authority to enter into Agreement

You warrant that it has the power to enter into the Quotation and these Terms and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that the Quotation and these Terms creates binding and valid legal obligations on it.

Provisions in respect to trusts

You acknowledge and agree in the event that you are a trust:

that all assets of the trust and the trustee(s) of the trust shall be held personally liable for any sum due to Nextgen including costs, fees and interest pursuant to these Terms and the Quotation;
that the trustee(s) have a right to be fully indemnified for their obligations under these Terms out of the property the trustee(s) hold on trust;
that Nextgen’s rights under these Terms have priority over the interest of the beneficiaries of the trust; and
that the trustee(s) of the trust of you will exercise or hold for Nextgen, the trustee(s) right of indemnity from the trust fund and the beneficiaries when Nextgen asks the trustee(s) to do so, so you can pay Nextgen any monies owed under these Terms.
Governing law
These Terms and the Agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Victoria, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Vicotria, Australia including the Federal Court sitting in Vicotria, Australia and any applicable Courts of Appeal.

Interpretation In these Terms, unless the context otherwise requires:

words importing any gender include every gender;
words importing the singular number include the plural number and vice versa;
words importing persons include firms, companies and corporations and vice versa;
the word “including” (and related forms including “includes”) means “including without limitation”;
references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this agreement;
reference in any schedule to this agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;
all references to “$” and “dollars” are to the lawful currency of Australia unless otherwise expressly stated;
any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
the headings to the clauses and schedules of this agreement are not to affect the interpretation; and
no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement or any part of it.

Terms & Conditions

Terms & Conditions

The Quotation is subject to these Terms.

The Quotation and these Terms form a contract between the Customer (you, your) and Nextgen when you:

communicating your acceptance to Nextgen in writing;

electronically sign the Quotation via Nextgen’s online platform; or

otherwise receive the Goods and/or Services from Nextgen,

(the Agreement).

The pricing and specification in the Quotation is subject to change at Nextgen’s sole discretion up until the time you have accepted the Quotation via Nextgen’s online platform.

Rental of Goods

Nextgen will use its best endeavours to rent and make available the Goods to you for the Rental Period.

You acknowledge that some Goods may be unavailable from time to time and Nextgen may replace certain Goods in the Quotation to other goods of a similar standard and application.

You are entitled to use the Goods for the Rental Period and for any agreed extension of the Rental Period.

You agree to return the Goods to the address listed in the Quotation or otherwise advised by Nextgen at the end of the Rental Period.

You agree not post the equipment to Nextgen unless Nextgen has given you explicit written authority.

Provision of Services Nextgen will endeavour to provide you with the Services during the Rental Period. Pricing increase for Goods and Services

You agree and acknowledge that Nextgen may need to increase the prices for Goods and Services in the Quotation or Invoice due to various commercial and industry factors.

Nextgen may, upon the provision of written notice to you, increase the prices for Goods and Services the subject of the Quotation or Invoice.

In the event that Nextgen gives notice of a price increase in accordance with clause (b) above, you may terminate the Agreement.

In the event that you do not accept the price increase given in accordance with clause (b) above and terminate the Agreement in accordance with clause (c) above:

you will be liable to pay to Nextgen all amounts reasonably incurred by Nextgen up until the time of termination; and

to the extent applicable, your other obligations in accordance with these Terms will survive termination,

Payment for Goods and Services

You agree to pay to Nextgen the amount of the rental charge as set out in the Quotation and confirmed in the Invoice.

You also agree to pay the other amounts, set out in the Quotation and the Invoice, and any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with these Terms or your hiring of the Goods.

You further agree to pay the other amounts, otherwise in connection with Nextgen reasonably providing the Services to you.

You authorise Nextgen to complete any documents necessary or desirable to enable you to make any payments through any credit card system.

You agree that Nextgen may charge you interest on any amount outstanding for the period from 28 days after receipt of the Invoice until payment in full, calculated on a daily basis using an interest rate equal to the Reserve Bank Cash Rate Target as at the bill date plus 2 percentage points.

Customer’s warranties You warrant that:

the information and particulars provided by you are correct in every respect and are not misleading in anyway, including, without limitation, by omission;

you will not breach any copyright or other restriction in relation to or in connection with the Goods;

you will not assign, loan, transfer or otherwise allow a third party use of the Goods without the explicit written approval of Nextgen; and

in selecting the Goods you have not relied on Nextgen’s skill and judgment or on any representations made by or on behalf of Nextgen and you agree that the Goods comply with their description, are in merchantable condition and are fit for your purpose.

Customer’s obligations You will:

keep the Goods in first class condition and only use them prudently and carefully;

not use the Goods for any illegal purpose;

report any damage to, or loss of, the Goods to Nextgen immediately such damage or loss occurs;

take all reasonable steps to comply with the warranties provided to Nextgen;

obtain all necessary permits and or plans and pay such fees as may be required to operate or use the Goods;

upon installation, delivery or collection of the Goods, immediately examine the Goods to satisfy yourself as to the Goods condition and suitability and fitness for the purpose to which you require the Goods;

accept the Goods and acknowledge that examination has been completed and that the Goods are suitable;

not remove the Goods from the location designated in the Quotation, and not sell, sub-hire, part with possession or part with control of, the Goods, without Nextgen’s written explicit permission;

use the Goods in a proper, safe and prudent manner and only for the purpose and capacity for which they were designed and in accordance with any manufacturer’s guidelines, instructions or specifications.

comply with any written instructions given to you or accompanying the Goods;

return the Goods to Nextgen by the end of the Rental Period in the same or near similar condition to that it was provided by Nextgen to you and in accordance with any directions detailed in the Quotation;

grant, or cause to be granted, Nextgen reasonable access to enter the premises where Goods are located until any such time as the Goods are returned to Nextgen;

be liable for any breach of these Terms committed by any third party including but not limited to, your servants or agents; and

indemnify Nextgen for any loss (including reasonable legal costs) incurred by Nextgen in relation to any breach of these Terms and for any liability arising out of any such breach.

Cancellation

In the event that you wish to cancel the Agreement, you must give Nextgen no less than (21) twenty-one days written notice prior to the start date in the Quotation (“Notice”) of your intention to do so.

If you cancel the Agreement by giving Notice in accordance with clause (a) above, you will be liable to pay to Nextgen all amounts reasonably incurred by Nextgen up until the time of cancelation.

If you fail to give Nextgen the required Notice in accordance with clause (a) above, you will be liable to pay to Nextgen all amounts set out in the Terms regardless of whether such Goods or Services have been fully provided by Nextgen at that time.

Insurance You will maintain at your own expense all appropriate policies of insurance, including but not limited to:

for theft and damage to the Goods in an amount not less than the full replacement cost of the Goods; and

for liability, property and casualty insurance coverage in amounts necessary to fully protect Nextgen and its Goods against all claims, loss or damage whatsoever.

for major failures with the Services, you are entitled:

to cancel the Services; and

to a refund for the unused portion, or to compensation for its reduced value;

replacing the Goods or supplying Goods similar to the Goods, repairing the Goods, paying the cost of replacing the Goods or paying the cost of repairing the Goods; or

supplying the Services again or the payment of the cost of having the Services supplied again.

Title to Goods

You acknowledge that Nextgen retains title to the Goods and that you have rights to possess the Goods as a mere bailee only. You do not have any right to pledge Nextgen’s credit in connection with the Goods and agrees not to do so.

The Agreement creates a security interest in favour of Nextgen in the Goods pursuant to the Personal Property Securities Act 2009 (Cth).

You undertake to immediately do such acts and provide such information as in Nextgen’s opinion may be necessary or desirable to enable Nextgen to perfect any security interest created or provided for by these Terms, as a perfected security interest with first priority.

To the fullest extent permitted by law, you waive any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to the interests created or provided for, or perfected in the manner contemplated by, these Terms.

Termination

Despite anything in the Terms or the Agreement to the contrary, Nextgen may terminate this agreement at any time by notice to you in writing, if you are guilty of any dishonesty, serious misconduct or serious neglect of duty, in or in connection with the provision of the Goods and Services.

Either party may terminate this agreement upon the happening of any of the following events:

if you are a corporation:

you enter into a deed of arrangement or an order is made for it to be wound up;

if an administrator, receiver or receiver/manager or a liquidator is appointed to you pursuant to the Corporations Act;

if you would be presumed to be insolvent by a court in any of the circumstances referred to in the Corporations Act;

if you are a partnership, the partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;

if you are a natural person, you die or become bankrupt; or

if you are a trustee, the trust is wound-up, dissolved, terminated or revoked.

Upon termination of this agreement in accordance with this clause 15:

you will be liable to pay to Nextgen all amounts reasonably incurred by Nextgen up until the time of termination; and

to the extent applicable, your other obligations in accordance with these Terms will survive termination,

Nothing in this agreement constitutes the relationship of employer and employee between you and Nextgen or between the you, Nextgen and any third party. It is the express intention of the parties that any such relationships are denied.

These Terms and the Agreement will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in the Agreement.