BRAMSHAW® GENERAL TERMS AND CONDITIONS FOR RENTAL OF CONFERENCE SYSTEMS

1 DEFINITIONS : BRAMSHAW shall mean Audience Response Systems Pty Ltd trading as Bramshaw® ICS CONFERENCE COMMUNICATIONS and other Bramshaw trading names with an ABN 57 101 099 398.

THE CLIENT shall mean the person, firm or company, including any servants or agents negotiating or contracting with BRAMSHAW.

Equipment shall mean conference equipment such as wireless and hard wired/ infra-red & radio frequency simultaneous interpretation and/or receivers/ headphones/ microphones/ transmitters/ handsets/ voting handsets/ timers / audience response and computer equipment.

Services may include hire &/or sale of equipment, labour, consultation, service, repair or other as determined in quotations and contracts.

GST shall mean Australian Goods and Services Tax. ABN shall mean Australian Business Number.

2 GENERAL : These general terms and conditions govern all business undertaken by BRAMSHAW and any other variations will be binding on BRAMSHAW only if in writing and signed on behalf of BRAMSHAW.

3 The client shall specify to BRAMSHAW the equipment required, the exact period during which the systems are to be operated, the venue of the conference and the proposed seating arrangements.

4.1 The price indicated for services provided by BRAMSHAW shall be binding. However, additional services called for, e.g. night work, changes or additions to the system rented, may be subject to price increases. Should any expenses arise in relation to any special services listed in the order, these are estimated to the best of our knowledge at date of quotation and will be invoiced on the basis of the actual costs incurred.

4.2 The client shall not be entitled to make any deduction whether by set-off or counterclaim or for any other reason and BRAMSHAW has no obligation to supply any goods or services when the client is in arrears with a due payment.

4.3 Payments shall be in accordance with the terms indicated in the quotation for rental equipment. In default of payment BRAMSHAW may at its option, terminate the contract without notice. Alternatively BRAMSHAW may fix a time-limit for such payments and may terminate the contract at its option where the client does not keep to this time-limit. In the event of such termination, BRAMSHAW shall be entitled to compensation for all expenses incurred and services rendered by it on an indemnity basis until termination.

4.4 If payment is delayed BRAMSHAW at its discretion may charge interest at 2% per month plus AU$50.00 administration fees per month or part thereof plus GST from the due date till full payment without prior notice of default and may report such default to a Credit Reference Authority.

4.5 Bramshaw may, at its discretion, check the credit rating of potential &/or actual customers and as a result change contract conditions.

5 The contract shall become effective only upon written confirmation of a customer order by BRAMSHAW. Acceptance shall be based on the Bramshaw quotation as varied. Any variation in the client’s order, to be valid, must be acknowledged by BRAMSHAW. This acknowledgment will be in writing where adequate time is given.

6.1 The client will ensure that the conference areas will be available throughout the hours indicated by BRAMSHAW for the secure delivery, set-up, storage and removal of the equipment. It is the client's obligation to have the conference areas ready for the setting-up of equipment, i.e. with facilities for participants, interpreters and technicians and an area sufficient for placing services/equipment &/or booths in the configuration accepted by Bramshaw.

6.2 In conference areas where there are built-in interpreters' booths these shall comply with International Standard ISO 2603. For set-up and removal electricity, lighting, heating and cooling must be operative.

6.3 BRAMSHAW warrants that given the above the equipment will be operational one hour prior to the agreed commencement of meeting, provided that reasonable time for mounting systems and booths is allowed. Under this agreement BRAMSHAW undertakes to operate, service and remove systems as specified.

6.4 The client shall be liable for loss or damage to any equipment howsoever arising between the set up day and the end of the conference and as noted in the quotation. In particular the client shall ensure that the conference areas will be locked and will not be used for any other purpose by third parties outside meeting hours.

7.1 BRAMSHAW shall not be liable for any loss or damage caused by third parties on whose assistance BRAMSHAW may have to rely.

7.2 BRAMSHAW does not accept liability for any consequential loss or damage arising from the supply of equipment and services or any other cause whatsoever and any express or implied condition, statement or warranty, statutory or otherwise, is hereby excluded.

8 In the event of cancellation by the client for reasons outside Bramshaw’s responsibility the agreed rental charges shall be as follows measured from the start of the first day of the conference, local time 0800 hours, back to the cancellation date:

• fourteen days inclusive 100%

• between fourteen and thirty days inclusive 75%

• between thirty days and ninety days inclusive 50%

In addition, any costs incurred for third party services or goods shall NOT be refundable. The client shall also refund any expenses incurred or loss suffered by BRAMSHAW.

9.1 Equipment issue. Unless otherwise agreed in writing it is the client’s responsibility to organise the issue, collection and sorting of equipment into their respective storage boxes and numbered slots after each session has finished and provide staff for that purpose each conference day.

9.2 In exceptional cases auxiliary staff may be made available by BRAMSHAW and in such cases the cost of this service will be specified in the quotation. Regardless of the persons or method employed for equipment issue the client shall be responsible in the event of loss or damage to the equipment.

9.3 The client will be advised prior to conference the quantities of equipment. As soon as possible after each session or the conference the equipment shall be counted and minuted jointly by client and BRAMSHAW to determine any loss or damage. In the event of damage or loss invoicing shall be based on this record. When the client is unable or unwilling to participate in this inventory BRAMSHAW shall proceed in good faith. Should equipment not be returned within seven days, BRAMSHAW shall invoice the equipment at rates set out in the contract with the understanding of refunding the amounts paid less costs if the sets are returned in good condition within one year of taking inventory.

9.4 Equipment issue may be organised adopting one of the following methods. Conditions set out in paragraph 6.4 will apply to all sections :-

a The client will supply holder cards for completion by the client showing each delegates' name and address, or conference number. Entries must permit reliable identification. Equipment missing at end of conference can then be recovered by the client on the basis of holder cards. If the client should not be successful within seven days years of taking inventory BRAMSHAW will invoice the equipment.

b Equipment may also be issued against handing-in participant's registration cards. These permit subsequent identification and should be no larger than 50 x 100 mm in size. In all other respects the conditions set out in paragraph 9.3 will apply.

c Equipment may be issued against official identity documents. Otherwise paragraph 9.3 will apply.

10 All applicable foreign taxes, charges and levies, including withholding taxes, are excluded when services are supplied external to Australia and if charged will necessitate a change to quotations &/or invoices.

11 Any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, Bramshaw quotations, contracts &/or other information by persons or entities other than the intended client is prohibited and may result in severe penalties.

12 CHOICE OF LAW. The Contract between BRAMSHAW and the client shall be subject to and construed in accordance with the laws of the State of Victoria in the Commonwealth of Australia.