So that we can continue to offer our products & services in the best condition to our amazing clients, we need to ensure that any damages are paid for by the relevant hirer.
We don’t make any profit on this, just cover our costs.
So, when our equipment is hired out we have the hirers sign the Terms & Conditions of Hire (shown below) so that they are aware that they have taken responsibility for the safe return of the equipment they hire from us.
Terms & Conditions of Delux Party Hire
The following Terms and Conditions must be accepted by the “Hirer” prior to “The Owner” making the Equipment or services available to the “Hirer”.
1. Definitions The Owner is CAKB P/L as trustee for The Singleton Family Trust Trading as Delux Party Hire, its employees, subcontractor and agents. Hirer includes an agent of the Hirer and agrees to hire the Equipment specified in the Schedule from The owner upon the terms and conditions in this agreement. Equipment means any item of party, event, Hire Equipment supplied by The Owner which has been ordered and/or received by the Hirer. “Hire Agreement” means the agreement between The Owner and Hirer for the hire of the Equipment which includes: (a) Any Credit Application; (b) These Standard Conditions of Hire, and (c) Any Hire Agreement provided to the Customer by The Owner, whether signed or not.
2. Hire of Equipment 2.1 The hiring of the Equipment shall commence from the commencement date specified in the Invoice and continue for the term specified in the Invoice unless otherwise provided herein. 2.2 The Hirer is entitled to use the Equipment for the hire period. Any extension of the period must be agreed to by The Owner. 2.3 The Hirer agrees to return the Equipment to the address of The Owner on or before the end of the hire period as outlined in the Invoice. 2.4 The Quotation for hire charges is subject to delivery being made to street level within 25m of truck access any further service rendered to the Hirer in respect of delivery may be subject to further charge. 2.5 It is the Hirer’s responsibility to check that all items are clearly listed on the invoice and that they are present at the time of delivery and collection.
3. Payment for Hire 3.1 The Hirer agrees to pay The Owner the hire fee specified in the Invoice for the Equipment for the hire period 3.2 The hire fee must be paid to The Owner prior to or on the commencement date of the hire period or when account is issued via prior arrangement. Equipment not returned on time and in accordance with this agreement shall be subject to a continuance of the agreed rental until return is complete. 3.3 Payment may be made by EFTPOS, Cash or direct deposit. 3.4 The Owner may require a security deposit to be paid in addition to any Hire fees and may apply the deposit against any amounts payable by the Hirer to The Owner. 3.5 It is the responsibility of the Hirer to contact The Owner within 6 weeks of returning the equipment to arrange getting the balance of the bond back. 3.6 Credit Card Payments: The Hirer acknowledges that the Owner may impose a 2% charge for accepting payments by credit card. 3.7 Early Return of Equipment: If the Hirer wants to return the Equipment before the end of the Hire Period, the Customer will remain liable for all hire and other charges payable to the Owner for the entire Hire Period.
4. Cancellation 4.1 If through circumstances beyond the control of The Owner, it is unable to provide the Equipment, then The Owner may: (a) Make changes to the Equipment provided that the end performance is not materially prejudiced; or (b) Cancel any order by notice in writing 4.2 The Hirer may cancel an order but shall forfeit any hire fees paid as follows: (a) If booking is cancelled in writing 4 weeks before the function date, The Owner shall make a refund of any hire fees paid minus the $200 booking fee / deposit on marquees plus a $50.00 administration fee; (b) Any Bookings cancelled less than seven days of the function date shall forfeit 50% of the total hire fee together with any labour costs incurred by The Owner, plus a $50.00 administration fee; (c) Cancelled bookings received by The Owner during normal business hours and within 2 days of the function date shall forfeit 75% of the total hire fee, together with any labour costs incurred by The Owner, plus a $50.00 administration fee. (d) Any booking cancelled on the function date shall forfeit 100% of the total hire fee, together with any labour costs incurred by The Owner, plus a $50.00 administration fee. (e) Deposit for equipment besides marquee’s & structures: If cancelled within 7 days of function customer will forfeit 100% of deposit.
5. Delivery and Collection 5.1 The Equipment shall be delivered in a reasonably clean, but not necessarily sterile, state. The Hirer must satisfy itself as to the sterility of any Equipment, from which food or drinks are to be served, prior to use. 5.2 The Hirer must allow The Owner representative access to the Equipment at all reasonable times. The Hirer must provide safe and proper access to and at the Site. 5.3 The Hirer must pack the Equipment in their respective containers and crates at the end of the Hire Period in a complete, clean and dry state if Applicable 5.4 If party hired Equipment is not so cleaned, the Hirer shall pay The Owner cleaning costs at a rate of $45.00 per hour. 5.5 The Owner’s count and decision as to condition of Equipment prior to dispatch and on return shall be final. 5.6 The Hirer shall not use or operate, or suffer to be used or operated, any bar-b-que or spit or open flame or other cooking device in, or close to, any marquee hired from The Owner. 5.7 The Hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the Equipment and associated operations.
6. Hirer’s warranties 6.1 The Hirer warrants that: (a) The Equipment shall be used in accordance with the conditions outlined in the Hire Agreement; (b) The particulars in the Hire Agreement are correct in every respect and are not misleading in any way including, without limitation, by omission; (c) The Equipment shall not be used for any illegal purpose; (d) The Hirer shall not, without prior written consent of The Owner, tamper with, repair or modify the Equipment in any way, or permit another to do so; (e) The Hirer agrees that the Equipment has been received by the Hirer clean and in good working order. (f) When erecting of structures being pegged marquee’s or framed marquee, he Hirer shall give The Owner full and accurate details of all underground obstructions and rock base, and/or all installations for electricity and water and gas drainage, and other things in/or under site at which hired Equipment is to be erected by the Owner, when such erection is part of the Hire Agreement. If the Hirer fails to properly inform The Owner, or misinforms The Owner, the Hirer shall be solely liable for all damage resulting there from. If the Hirer’s failure to properly notify results in delay in erecting hired Equipment, additional erection time shall be paid for by the Hirer to The Owner at a rate of $45.00 per hour per staff member on site.
7. Loss, damage or breakdown of Equipment 7.1 The Hirer shall be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred, except for fair wear and tear, during the hire period (e.g. security shall be required to protect the Equipment when in a public place).7.2 The Hirer is liable for the payment of the new list price of any Equipment not returned to The Owner. 7.3 If there is a breakdown or failure of the Equipment the Hirer shall notify The Owner immediately for the appropriate action to be taken.
8. Liability 8.1 The Hirer shall 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, storage or transport of the Equipment. 8.2 Weather is Unpredictable: The Owner’s Marquees and Structures have been manufactured for use as temporary structures. For the safety of all occupants, evacuation is recommended if threatening weather occurs, or if there is any doubt concerning the safe use of the marquees/ structures.
9. Title to Equipment 9.1 The Hirer acknowledges that The Owner retains title to the Equipment and that the Hirer has rights to use the Equipment only.
10. Repossession and remedies on default 10.1 The Owner may retake possession of the Equipment if the Hirer breaches any provision of this agreement, notwithstanding anything else herein contained. 10.2 All costs incurred by The Owner incurred in repossessing due to a breach are to be paid by the Hirer.
11. Completion of the hire period 11.1 At the discretion of The Owner, the hire period may only be completed when the Equipment has been returned to The Owner in the same condition as when it was hired: 11.2 The Hirer agrees to maintain the responsibility for the Equipment whilst it is awaiting pick-up.
12. Termination and Default 12.1. If the Hirer: (a) Breaches any term; (b) Require immediate payment of all moneys owed by the Hirer to The Owner; (c) Charge the Hirer for all costs and expenses (including without limitation all legal costs and Expenses on an indemnity basis) incurred by The Owner in enforcing compliance with the Terms or recovering the Equipment; (d) Charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed Equipment; (e) Charge the Hirer for subsequent lost hire charges as a result of the Equipment being lost, damaged or destroyed until the Equipment is repaired or replaced.
13. Miscellaneous 13.1 The Hirer agrees to ensure that any site specified on the Hire Agreement, shall be clear of all obstructions to allow The Owner to erect, install or place the hire Equipment. 13.2 The Hirer agrees not to use streamers, decorations or taping within or near any marquee and shall be responsible for any damage incurred as a result of any such use. 13.3 The Owner accepts no liability as to any loss or financial penalty, if due to adverse weather conditions, Equipment installation or collection is considered hazardous. 13.4 This edition of these terms and conditions replaces and supersedes all previously issued Conditions of Sale and Hire by the Owner. 13.5 Any credit accommodation granted by The Owner to the Hirer may be reviewed at any time Credit may be withdrawn for Hirer’s failing to make payments or use the Equipment in accordance with these terms and conditions and a statement may be issued at that time requiring payment within 30 days of any amount due and owing. 13.6 Entire Agreement: The Hire Agreement issued to the Hirer, including these terms and conditions, comprises the entire agreement between the parties. No additional terms and conditions proposed by the Hirer (including any terms contained in any purchase order provided by the Hirer) apply to the hire of the Equipment unless agreed in writing by The Owner and in the matter of the hire these terms and conditions shall prevail.
Signed by the Hirer in Agreement to the above Terms of Hire