TERMS & CONDITIONS OF HIRE
Recitals:
R1. The owner is the proprietor of the plant and equipment (“equipment”) listed in the schedule to this Agreement (“schedule”).
R2. The hirer will hire the equipment specified in the schedule from the owner upon the terms and conditions in this Agreement.
R3. “Schedule” refers to the issued invoice and includes all details listed on the invoice.
Operative:
1. Hire of equipment
1.1. The hiring of the equipment will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.
1.2. The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period.
1.3. By hiring the equipment, the hirer agrees to all terms and conditions.
2. Payment
2.1. The hirer must pay a non-refundable 30% deposit to confirm the order. The equipment is not reserved until the deposit is received. Full payment of the order is due thirty (30) days prior to the event. Upon payment of the deposit the hirer will have been deemed to have accepted the Terms and Conditions of Hire. The 30% deposit is non-refundable and non-transferable.
2.2. The hirer is liable for all payments and damages incurred by the owner. If the hirer is booking on behalf of another party, they accept full liability on behalf of the third party.
2.3. The owner has the right to cancel a booking if a full payment is not received within fourteen (14) days from the delivery/pick up date.
2.4. It is the hirer's responsibility to ensure that all details and items on the issued invoice are correct, including subsequent invoices issued if changes are made.
2.5. Payments may be made by EFT or credit card. Payments made via AMEX, Visa and Mastercard incur a 1.75% surcharge.
3. Cancellation of Order
3.1. Cancellations that are made more than fourteen (14) days from delivery will receive a refund, excluding the booking deposit. Cancelled bookings within fourteen (14) days from the event date incur a 100% cancellation fee.
4. Hire Period.
4.1. The hire period is 2-4 days from the time of delivery unless mutually agreed upon in writing by both parties. When delivery is filled by a third party courier, the order may be sent earlier that the 2-4 day timeframe to mitigate the risk of late delivery.
4.2. Failure to return the equipment or inability for our drivers to access equipment will incur a daily charge for the equipment for any days beyond the agreed upon hire period. Additional charges will be invoiced or charged to the credit card on file.
4.3. The hirer agrees to return the goods to the address of the owner, or have arranged pickup of the items on or before the end of the hire period as outlined in the schedule.
4.4. The owner will not refund any hire charge if the hirer returns the equipment prior to the end of the hire period.
5. Delivery
5.1. Goods can be delivered to the hirer’s address or venue of choice. The hirer is responsible for the security of the rental items during the period of hire; from when the order is delivered until the equipment is returned to or collected by the owner. Rental items are not to be left at unattended premises. The owner will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. The owner will not accept cancellation of an order due to a missing item. The hire cost of the individual missing item will be refunded. The owner
6. Care
6.1. Linen wash and press is included in the hire price. Linen can be returned dirty. Wet linen must be air dried before it can be returned due to potential for mould to grow. Any permanent stains, wax, mould or burn marks will result in a replacement fee being charged. The hirer will be notified within fourteen (14) days from when the items are returned to the warehouse. The owner does not permit the use of open candles on tablecloths. All candles must have a drip tray and be contained to ensure wax does not drip directly onto the linen otherwise a full replacement fee will apply.
6.2. Hirer accepts that wear and tear, damage, discolouring or staining on equipment when received is the nature of event hire.
7. Damage waiver
7.1. A compulsory Damage Waiver fee of 6% is applied at the time of booking to cover reasonable wear and tear of the Equipment.
8. Security Deposit
8.1. The hirer is required to provide credit card details as a security deposit at the time of booking. Security bond is calculated at a rate of 25% of the equipment hire value and is held against the credit card provided.
8.2. This amount will be released/refunded in full within fourteen (14) days following the event, providing the items are returned in their original condition, and no additional charges apply.
8.3. The hirer agrees to pay the owner’s hire charge and any other charges, including charges for loss, damage and repairs, or other expenses paid or payable by the owner.
9. Loss and Damages
9.1. The hirer must notify the owner immediately of any equipment is lost or damaged during the hire period. The hirer indemnifies the owner in respect of all such loss. If no notice is given to the owner of a missing item, the current replacement cost of the item will be charged.
9.2. The hirer agrees to pay full replacement costs for any Equipment lost or considered by the owner as being irreparably damaged. Such payment shall be made by the hirer within seven (7) days of such loss or damage coming to the attention of the owner. In the event payment is not made within the seven (7) day period the owner has the right to charge the account details provided.
10. Use, operation and maintenance
10.1. The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
10.2. The equipment shall not be used by anyone other than the hirer without the express permission of the owner.
10.3. The hirer agrees to use, maintain and store the equipment in accordance with any instruction provided by the owner, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations.
10.4. The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
11. Indemnity
11.1. To the full extent permitted by law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.
12. Insurance
12.1. The owner will maintain current insurance policies in respect of the equipment to its full insurable value.
13. Liability
13.1. The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
14. Disclaimer
14.1. To the extent permitted by law the owner disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
15. Title to goods
15.1. The hirer acknowledges that the owner retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only.
16. Force Majeure
16.1. If the owner is unable to perform its obligations to the hirer due to causes beyond its control (including but not limited to acts of God, inclement weather, strikes, war or civil unrest) the owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events
17. Completion of the hire period
The hire period is completed when the equipment has been returned to the owner:
17.1. in the same condition as when it was hired; and
17.2. on or by the date and time outlined in the schedule.
18. Severance
18.1. If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
19. Governing law
19.1. This Agreement is governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
20. Interpretation
In this Agreement, unless the context otherwise requires:
20.1. A reference to the singular includes the plural and vice versa;
20.2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
20.3. A reference to an individual shall include corporations and vice versa; and
20.4. If a word or expression is defined, its other grammatical forms have a corresponding meaning.
20.5. In this Agreement, headings are for convenience only and do not affect interpretation.
Skip to content
