Terms and conditions of trade
Please note that a larger print version of these Terms & Conditions is available from Cato Location Services, Honeywagons Location Services and O My Pod on request.
By booking a service with Cato Location Services, Honeywagons Location Services and O My Pod (ABN: 72 156 338 626) you are consenting to our Terms & Conditions.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE BOOKING A SERVICE WITH CATO LOCATION SERVICES, HONEYWAGONS LOCATION SERVICES & 0 MY POD (hereafter referred to as “CLS, HLS & OMP”).
For the purpose of these Terms & Conditions, “Us”, “Our”, and “We” refers to CLS, HLS & OMP and “You” and “Your” refers to you, the client.
1. AMENDMENT OF TERMS
1.1 We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to booking a service to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to book a service. then we will regard that as conclusive evidence of your agreement and acceptance that these terms govern your and CLS, HLS & OMP rights and obligations to each other.
2.1 To the fullest extent permitted by law, CLS, HLS & OMP absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
2.2 CLS, HLS & OMP give no warranty that the documents, goods, or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
2.3 Whilst we, at all times endeavour to have the most accurate, reliable, and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, production, service, link, or information on our website or as to their correctness, suitability, accuracy, reliability, or otherwise.
2.4 It is your sole responsibility and not the responsibility of CLS, HLS & OMP to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties.
2.5 Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using the website or any products or services that may be offered through it. It is your responsibility to do so.
3. LIMITATION OF LIABILITY
3.1 It shall be your own responsibility to ensure that any products, services, or information available through our website meet your specific, personal requirements.
3.2 You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. ACCOUNT CREATION
4.1 In order to book a service with CLS, HLS & OMP, you may be required to provide information about yourself and/or your business including your name, email address, ABN, and other personal information.
4.2 You agree that any registration information you give to CLS, HLS & OMP will always be accurate, correct, and up-to-date.
4.3 You must not impersonate someone else or provide false account information.
4.4 You must provide CLS, HLS & OMP with a permanent business contact phone and email address.
4.5 An account administration fee may apply.
5.1 At CLS, HLS & OMP, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you.
5.2 CLS, HLS & OMP respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles.
5.3 You may change your details at any time by advising us in writing via email.
6. THIRD PARTIES
6.1 CLS, HLS & OMP does not and will not sell or deal in personal or client information.
6.2 We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify client demands, and to assist in meeting client needs generally.
6.3 In addition, we may use the information that you provide to improve our services, but not for any other use.
7. DISCLOSE YOUR INFORMATION
7.1 CLS, HLS & OMP may be required, in certain circumstances, to disclose information in good faith and where CLS, HLS & OMP is required to do so in the following circumstances:
7.1.1 By law or by any court:
7.1.2 To enforce the terms of any of our client agreements: or
7.1.3 To protect the rights, property, or safety of our clients or third parties.
8. EXCLUSION OF COMPETITORS
8.1 If you are in the business of creating similar documents, goods, or service for the purpose of providing them for a fee to clients, whether they be business users or domestic users, then you are a competitor of CLS, HLS & OMP.
8.2 CLS, HLS & OMP expressly excludes and does not permit you to use or access our website, to download any documents or information from our website, or obtain any such document or information through a third party.
8.3 If you breach this term, then CLS, HLS & OMP will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.
9. RIGHT TO REFUSE SERVICE
9.1 Our services are offered subject to our acceptance of your order or requests.
9.2 We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so.
9.3 No order is deemed accepted by us until payment of any outstanding invoices have been processed.
9.4 We may at any time change or discontinue any aspect or feature of our services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
10. TRAFFIC MANAGEMENT
10.1 CLS, HLS & OMP does not accept responsibility or liability if clients request Traffic Controllers to be ·security over lunch·.
10.2 Additional charges may apply if staff are not provided with a sufficient break period, are requested to work over the meal break and/or are requested to extend shifts more than one hour beyond the original booking. These charges may include meal allowances or costs to cover additional logistics and administration.
10.3 CLS, HLS & OMP does not accept responsibility for any Traffic Control Plans if the traffic management is not implemented by CLS, HLS & OMP.
11. EQUIPMENT HIRE
11.1 Equipment shall at all times remain the property of CLS, HLS & OMP, and is returnable on demand by us.
11.2 You agree to:
11.2.1 Accept full responsibility for the safekeeping of the equipment.
11.2.2 Have adequate Public Liability Insurance covering any loss, damage, or injury to property or persons arising out of the use of the equipment.
11.2.3 Not use the equipment, nor permit it, to be used in such a manner as would permit an insurer to decline any claim.
11.2.4 Keep the equipment in your own possession and control, and not transfer possession and control to a third party.
11.2.5 Not alter or make any addition to the equipment. including, but not limited to, defacing or erasing any identifying mark, plate, or number on or in the equipment.
11.3 In the event that equipment is not returned to us in the condition in which it was delivered, we retain the right to charge you the full cost of repairing the equipment.
11.4 In the event that equipment is not returned at all, we shall have the right to charge you the full cost of replacing the equipment.
11.5 If equipment fails to be returned, then we or an agent of CLS, HLS & OMP may (as your invitee) enter upon and into land and premises owned, occupied, or used by you, or any premises where the equipment is situated, and take possession of the equipment without being responsible for any damage thereby caused.
11.6. The hire periods must not exceed three (3) months without prior arrangement.
12. HONEYWAGONS, PRODUCTION VEHICLES & O MY PODS
12.1 Permits are the sole responsibility of the hirer.
12.1.1 Parking and shooting permits must be acquired from the correct councils, authorities, and property owners, and notifications issued when necessary.
12.1.2 Failure to comply may result in fine, which are the sole responsibility of the hirer.
12.2 Sundays, Public Holidays, and Night Shoots all have a minimum ten (10) hour call.
13. PRICE & PAYMENT
13.1 We reserve the right to change our product’s prices at any time without further notice, However, if you have ordered but not yet paid for a product, we guarantee the price for one month from when the order was placed.
13.2 We advertise our goods/services/equipment through a number of different online channels and we cannot always control when they are updated. We reserve the right not to accept a price listed on a site other than our own.
13.3 Payment terms will be stated on the invoice. If no due date is specified, then payment will be due seven (7) days following the invoice date.
13.4 Unless otherwise stated the price does not include GST.
13.5 A remittance advice is required immediately after payment.
14. PAYMENT IN ADVANCE
14.1 Payment for EQUIPMENT HIRE, HONEYWAGONS, PRODUCTION VEHICLES & 0 MY PODS is required prior to collection or drop off when dry hiring equipment, vehicles and/or pods.
14.2 A deposit of 50-100% prior to the event may be required for any stills shoots.
15. INTERNATIONAL CLIENTS
15.1 A deposit of 50-100% prior to start of services may be required for any international clients.
15.2 It is your responsibility to cover any additional costs and/or bank fees related to processing an overseas transaction and/or the conversion of foreign currency.
16.1 Any discounts, including 10-for-8 deals, are conditional on prompt payment.
16.2 Prompt payment is considered seven (7) days after invoicing.
16.3 CLS, HLS & OMP reserves the right to reissue an invoice without the discount if the invoice is not paid on or before the due date.
17. RETURNS & REFUNDS
17.1 CLS, HLS & OMP handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
17.2 Refunds will be processed promptly, and payment made by the same method that you made payment.
18. CANCELLATION POLICIES
18.1 Lack of comprehension on the cancellation policies will not void payment.
18.2 CLS, HLS & OMP will work with clients wherever possible to keep cancellation fees under control.
18.3 TRAFFIC & SECURITY
18.3.1 CLS, HLS & OMP requires a minimum of twenty-four (24) hours cancellation notice prior to the scheduled shift.
18.3.2 A Booking Fee may apply if cancelled without just cause or a wet weather hold previously allocated.
18.3.3 If cancelled within twenty-four (24) hours of the shift, the minimum call charge will apply.
18.3.4 CLS, HLS & OMP will remain the exclusive provider of Traffic and/or Security Services where we have agreed to provide these services to any long-form or extended production (seven or more days). A minimum of fourteen (14) days cancellation notice is required to conclude the agreement.
18.4 EQUIPMENT HIRE / UNIT MANAGEMENT/ SAFETY/ PRODUCTION VEHICLES/ PODS/ OTHER
18.4.1 CLS, HLS & OMP requires a minimum of forty-eight (48) hours cancellation notice prior to the scheduled shift.
18.4.2 Weekends are not considered business days as far as cancellations are concern. Therefore, Monday bookings must be cancelled by the previous Wednesday toavoid a cancellation fee.
18.4.3 There is no cancellation fee if notice is given prior to forty-eight (48) hours.
18.4.4 If cancelled within forty-eight (48) hours, you will be required to pay fifty per cent (50%) of the cost.
18.4.5 If cancelled within twenty-four (24) hours, you will be required to pay one-hundred per cent (100%) of the cost.
18.4.6 Any long-form or extended jobs (seven or more days), require a minimum of seven (7) days cancellation unless alternative dates have been provided.
19. DEFAULT & CONSEQUENCES OF DEFAULT
19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at CLS, HLS & OMP sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
19.2 If you are in default, CLS, HLS & OMP may engage a debt collector to recover amounts owing.
19.3 You agree and accept to indemnify CLS. HLS & OMP against any and all costs and disbursements incurred by CLS, HLS & OMP in recovering the debt (including butnot limited to internal administration fees, legal costs, collection agency costs, and bank dishonour fees).
19.4 Where your payment of an instalment is dishonoured, we may reattempt to debit the amount at a later date. You will be liable to your card issuer or financial institution for any dishonour fee.
20.PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
20.1 The terms “Financing Statement”. “Financing Change Statement”. “Security Agreement”. and “Security Interest” have the meanings given in the PPSA.
20.2 Upon assenting to these Terms & Conditions in writing you acknowledge and agree that these Terms & Conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all goods/services/equipment that has previously been supplied and that will be supplied in the future by CLS, HLS & OMP to you.
20.3 You undertake to:
20.3.1 Promptly sign any further documents and/or provide any further information (such information to complete, accurate, and up-to-date in all respects) which CLS, HLS & OMP may reasonably require to:
20.3.2 Register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Personal Property Securities Register;
184.108.40.206 Register any other document required to be redigested by the PPSA; or
220.127.116.11 Correct a defect in a statement referred to in Clause 18.104.22.168 or Clause 22.214.171.124:
20.3.3 Indemnify, and upon demand reimburse, CLS, HLS & OMP for all expenses incurred in registering a Financing Statement in relation to the goods/services/equipment charged thereby;
20.3.4 Not register a Financing Change Statement in respect of a Security Interest without the prior written consent of CLS, HLS &OMP;
20.3.5 Not register, or permit to be registered, a Financing Statement or a Financing Change Statement in relation to the goods/services/equipment in favour of a third party without the prior written consent of CLS, HLS & OMP;
20.3.6 Immediately advise CLS, HLS & OMP of any material change in its business practices of seeling goods which would result in a change in the nature of proceeds derived from such sales.
20.4 CLS, HLS & OMP and you agree that Sections 96, 115, and 125 of the PPSA do not apply to the Security Agreement created by these Terms & Conditions.
20.5 You waive your rights to receive notices under Sections 95, 118, 121(4), 130, 132(3)(d), and 132(4) of the PPSA.
20.6 You waive your right as a grantor and/or a debtor under Section 142 and 143 of the PPSA.
20.7 Unless otherwise agreed to in writing by CLS, HLS & OMP, you waive your right to receive a verification statement in accordance with Section 157 of the PPSA.
20.8 You must unconditionally ratify any actions taken by CLS, HLS & OMP under Clauses 20.3 to 20.5.
20.9 Subject to any express provisions to the contrary, nothing in these Terms & Conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
21. PRIVACY ACT 1988
21.1 You agree for CLS, HLS & OMP to obtain, from a credit reporting agency, a credit report containing personal credit information about you in relation to credit provided by CLS, HLS & OMP.
21.2 You agree that CLS, HLS & OMP may exchange information about you with those credit providers either named as trade referees by you or named in a consumer credit report issued by a credit reporting agency for the following purposes:
21.2.1 To assess an application by you; and/or
21.2.2 To notify other credit providers of a default by you; and/or
21.2.3 To exchange information with other credit providers such as to the status of this credit account. where you are in default with other credit providers; and/or
21.2.4 To assess your creditworthiness.
21.3 You understand that the information exchanged can include anything about your creditworthiness, credit standing, credit history, or credit capacity that credit providers are allowed to exchange under the Privacy Act of 1988.
21.4 You consent to CLS, HLS & OMP being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(l)(h) Privacy Act 1988).
21.5 You agree that personal credit information provided may be used and retained by CLS, HLS & OMP for the following purposes (and for other purposes as shall be agreed between you and CLS, HLS & OMP or required by law from time to time):
21.5.1 The provisions of goods/services/equipment and/or
21.5.2 The marketing of goods/services/equipment by CLS, HLS & OMP, its agents or distributors: and/or
21.5.3 Analysing, verifying, and/or checking your credit, payment, and/or status in relation to the provision of goods/services/equipment and/or
21.5.4 Processing of any payment instruction, direct debit facilities, and/or credit facilities requested by you: and/or
21.5.5 Enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the goods/services/equipment
21.6 CLS, HLS & OMP may give information about you to a credit reporting agency for the following purposes:
21.6.1 To obtain a consumer credit report about you:
21.6.2 Allow the credit reporting agency to create or maintain a credit information file containing information about you.
21.7 The information given to the credit reporting agency may include:
21.7.1 Personal particulars (your name, sex, address, previous addresses, date of birth, name of employer, and driver licence number):
21.7.2 Details concerning your application for credit or commercial credit and the amount requested:
21.7.3 Advice that CLS, HLS & OMP is a current credit provider to you:
21.7.4 Advice of any overdue accounts, loan repayments, and/or any outstanding monies owing are overdue by more than sixty (60) days, and for which debt collection action has been started:
21.7.5 That your overdue accounts, loan repayments, and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
21.7.6 Information that, in the opinion of CLS, HLS & OMP, you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations.
21.7.7 Advice that cheques drawn by you for one hundred dollars ($100) or more have been dishonoured more than once:
21.7.8 That credit provided to you by CLS, HLS & OMP has been paid or otherwise discharged.
22. COPYRIGHT, TRADEMARK & RESTRICTIONS OF USE
22.1 Our documents contain materials that are owned by or licenced by us.
22.2 This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics.
22.3 You are not permitted to reproduce the documents, information or material for the purposes of sale or the use by any third party.
22.4 CLS, HLS & OMP expressly reserved all copyright and trademark in all documents, information and materials and we reserve the right to take action against you if you breach any of these terms.
22.5 Any redistribution or reproduction of part or all of the contents in any form is prohibited other than printing or downloading to a local hard disk for your personal and non-commercial use only.
22.6 You may not except without express written permission, distribute or commercially exploit the content.
22.7 Nor may you transmit it or store it in any other website or form of electronic retrieval system.
23. RECOVERY OF LITIGATION EXPENSES
23.1 If any legal action or any arbitration or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
24. GENERAL TERMS
24.1 The failure by CLS, HLS & OMP to enforce any provision of these Terms & Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
24.2 If any provision of these Terms & Conditions shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
24.3 CLS, HLS & OMP shall be under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by CLS, HLS & OMP of these Terms & Conditions (alternatively CLS, HLS & OMP’s liability shall be limited to damages which under no circumstances shall exceed the price of the goods/services or hire of equipment).
24.4 You shall not be entitled to set off against, or deduct from the price, any sums owed or claimed to be owed to you by CLS, HLS & OMP, nor to withhold payment of any invoice because part of that invoice is in dispute.
24.5 You warrant that:
24.5.1 You have the power to enter into the Agreement and have obtained all necessary authorisation to be allowed to do so;
24.5.2 You are not insolvent: and
24.5.3 This Agreement creates binding and valid legal obligations.
25. EXCLUSIONS OF UNENFORCEABLE TERMS
25.1 Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms & Conditions in that State or Territory.
25.2 Such a clause if legal and enforceable in any other State or Territory shall continue to be full enforceable and part of the agreement in those other State and Territories.
25.3 The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms & Conditions.
26.1 This agreement is subject to the laws of New South Wales and Australia.
26.2 If there is a dispute between you and CLS, HLS & OMP that results in litigation, then you must submit to the jurisdiction of the courts of New South Wales.