Hire fees: The lessee shall pay a 4 week hire fee for the art for the initial term plus a delivery fee (Perth Metro area only) if applicable.
Ownership and use: The hired art shall at all times be the sole and exclusive property of the lessor. The lessee shall have no rights or property interest in the artwork, except for the right to display the art in its intended manner.
Care: The lessee shall maintain the art in the same condition as was provided by the lessor, in a safe environment, and shall only use the artwork for its intended purpose. Should the lessee choose to use their own transport to pick up the art they should take care not to damage, scratch, dent the art and any frame as this is quite often when damage can occur.
Insurance: The lessee shall obtain insurance and maintain such insurance to the retail value of the hired art in regard to fire, theft, destruction, natural disasters or damage from any and every cause whatsoever and will pay over these proceeds of such an insurance claim upon the receipt of such proceeds.
Default: A default in payment of more than 14 days by the lessee or violation of any other term of this agreement shall allow the lessor to enter the lessees premises and retake possession of the art. The lessor shall retain all its rights under law and shall be entitled to reasonable legal fees and costs upon default of the lessee.
Indemnity: The lessee shall indemnify the lessor from any claims made by third parties stemming from the lessees possession and use of the leased art. The lessor makes no representations or warranties of any nature, express or implied, including but not limited to any representations or warranties with respect to the suitability, durability, fitness for any particular purpose, infringement or intended use. In no event shall the lessor be liable for special, incidental or consequential damages including loss of profits, resulting from any failure of the performance of the lessor.
Continuation or Purchase: This agreement may be continued by notice of the lessee to the lessor in writing 14 days prior to the expiration of the initial lease term. The options are: Continue with the hire of the current art or change for new artwork. The lessee will have a third option to purchase any of the artwork as listed above (or in any attachment) In the event that the lessee wishes to purchase any of the art, 100% of the hire payments made for that particular piece of art shall be deducted from the purchase price. Maximum contribution from the 100% hire will be capped at the purchase price of the art.
Credit Card information: A valid Mastercard, Visa or American Express credit card is required for this hire agreement. The lessee hereby authorises the lessor to charge the credit card provided below to pay for the charges covered by this agreement. The lessee will pay the initial 4 week hire fee before taking possession of the art. The lessor will continue to charge the credit card at the beginning of each 4 week term for all the hired artwork in respect of the lease period. The lessee certifies that the information provided is true and correct as at the date given and will remain correct throughout the term of the agreement. The lessee agrees to immediately update information below in the event that it changes.
Amendments: This agreement is the only agreement of the parties and may only be amended in writing or by a separate written agreement of the parties.
The laws of Western Australia shall govern the lease agreement .