TERMS AND CONDITIONS FOR HIRE OF GOODS AND EQUIPMENT
ABN 88 798 652 056
The following Terms and Conditions together with the Tax Invoice (“Contract”) between Budget Party Hire (The “Owner”) and you (The “Hirer”) is an agreement that you consent to once you accept your booking (“Contract”).
It is important you read the Terms and Conditions before confirming your Tax Invoice (“Contract”).
1. DEFINITIONS AND EXPLANATION
a) In these Terms and Conditions these words and phrases have the following meanings:
i. The “Owner” Adelaide Event Group;
ii. “Owner’s Premises” means the premises where the Owner stores the Equipment, No. 264 Richmond Road, Marleston SA 5033;
iii. “Cancellation” means the cancellation by the Hirer;
iv. “Cancellation Fee” means 30% of total order value is non-refundable on all Goods;
v. “Cancellation Times” means seven (7) days’ notice prior to delivery of Goods with exception to marquees, pavilions and pagodas where fourteen (14) days’ notice is required prior to delivery of Goods;
vi. “Cancellation Notification” means in person, telephone or email;
vii. “Contract” means the Contract between the Owner and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Standard Terms and Conditions. The Contract is also referred to as the Tax Invoice;
viii. “Deposit” means any part payment made prior to delivery or customer pick up of Goods;
ix. “Equipment” means collectively all the Goods and equipment described in the Offer to Hire Form and separately each item of the Goods and equipment designated in the Offer to Hire Form and includes all additional Equipment;
x. “GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999;
xi. “Hirer” means the company or person hiring the equipment from Budget Party Hire;
xii. “Hire Fee” means total invoice value inclusive of GST;
xiii. “Period of Hire” means the period for which the Equipment is hired by the Hirer from the time the Goods are delivered or picked up from the owner until the time they are returned to the owner;
xiv. “Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment;
xv. “Venue” means the place where the Equipment is to be used by the Hirer.
b) The headings in these Standard Terms and Conditions are for convenience only and do not affect their construction.
c) A reference to any party includes their lawful successors and assigns.
2. BASIS OF CONTRACT
a) Upon acceptance of a booking via an Invoice the Hirer automatically accepts these Terms and Conditions.
b) Unless otherwise agreed in writing by Budget Party Hire and the hirer, these Terms and Conditions shall be the only Terms and Conditions on which Budget Party Hire will provide services to the Hirer.
c) A formal quote provided by Budget Party Hire is only valid for 30 days. Orders made online may be refused by the owner. If the stock is not available for a particular date, the order will not be confirmed.
3. TERMS OF PAYMENT & PAYMENT METHODS
a) Budget Party Hire accepts payment in the following methods: Cash, Cheques, Australian Money Orders, VISA, MasterCard, AMEX (3% Surcharge applies to AMEX) per transaction, and Direct Debit.
b) The Hirer will pay the Hire Fee to the Owner prior to Delivery of the Goods.
c) If payment is not received prior to delivery, the owner is not obliged to deliver the Equipment and may withhold delivery.
d) This does not apply to agreed pre-arranged payment terms.
e) The Owner must provide a Tax Invoice to the Hirer for the Hire Fee. The Hirer must also pay the GST as stated in the Tax Invoice when paying the Hire Fee to the Owner.
f) Without limiting the circumstances in which the Owner on or may require the Hire Fee payment to be paid in advance, the Owner may require advance payment of the Hire Fee where before any hiring takes place any of the Equipment to be hired has to be manufactured, adapted or any process has to be applied to existing items of the Equipment to match with the Hirer’s specific requirements.
g) The Hirer may be liable to pay any additional costs incurred by Budget Party Hire to recover any balance owing, should further action be required.
4. HIRE CHARGES
a) Written quotes are valid for 30 days only unless other arrangements have been made between the Owner and the Hirer.
b) Discount offers do not include Delivery and Collection, Damage Waiver, Sub-hired items or any reduced items. Additional exclusions may apply.
c) Unless otherwise specified, any delivery charges on quotation assumes:
i. Delivery, installation of marquees, removal and return of Goods being provided during business hours;
ii. Delivery being made to street level, ground or floors being level and clear;
iii. The Hirer unpacking, setting out, repacking and cleaning of Goods.
d) Any variation to the assumptions will incur further charges payable by the Hirer. Hirers must return equipment on time.
e) Late fees occur if equipment is not returned on specified date. An additional 10% of the total order will be added to the invoice per day.
a) A 30% Deposit is required to secure an order with Budget Party Hire.
b) The Owner may, as part of its Offer to Hire Form, require the Hirer as a pre-condition of Acceptance, to pay to the Owner a Deposit in respect of the Equipment to be hired.
c) The amount of the Deposit shall be as stated in the Offer to Hire Form.
d) Unless The Owner specifically, in writing, waives the receipt of the Deposit as a pre-condition of Acceptance, no Acceptance by the Hirer will be effective unless and until the Deposit is received.
e) Any such Deposit shall when paid be applied against the Hire Fee, or if the Hirer cancels the Contract or any Equipment, The Owner may, at its discretion, apply such Deposit as a credit against any such Cancellation Fee.
6. COMPULSORY DAMAGE WAIVER
7. CANCELLATION AND CANCELLATION FEE
a) Budget Party Hire requires seven (7) days’ notice of any cancellation. If not doing so, the hirer is charged 30% of their total invoice balance.
b) Cancellations for marquees, pavilions and pagodas require fourteen (14) days’ notice. If not doing so, the hirer is charged 30% of the total invoice balance.
c) The Hirer has the right to cancel this Contract provided that it sends a Cancellation notification to The Owner.
d) Upon receipt of such Cancellation, the Owner has no further obligation to deliver the Equipment to the site.
e) The Cancellation Notification must clearly identify each and every item of the Equipment which the Hirer no longer requires.
f)where Cancellation Notification was not received within the prescribed Cancellation Time of seven (7) days or fourteen (14) days for marquees, pavilions and pagodas. Subject to Clause (1)(a)(iv) the Cancellation Fee payable is based on the prescribed Cancellation Time as set out in the definition of Cancellation Fee in Clause(1)(a)(v).
g) The Hirer agrees and acknowledges that it must pay the Cancellation Fee in full as invoiced by the Owner.
h) Where Cancellation Notification is received on delivery date and the hire equipment has already been dispatched from the warehouse and is enroute or has arrived at destination, The Owner will be entitled to invoice the Hirer for the total invoice balance.
8. THE EQUIPMENT
a) The Equipment will at all times remain the property of the Owner. The Hirer has no legal or equitable interest in the Equipment or any part thereof.
b) The Hirer will be held responsible for any damaged or missing Equipment whilst on Site or at the Venue.
c) Upon delivery, the Equipment must be inspected by the Hirer to determine whether the Equipment delivered is complete in accordance with the Contract and is in good order and working condition.
d) Unless otherwise stated in the Special Instructions on the Tax Invoice, the Hirer will on completion of the inspection be deemed to have satisfied itself that the Equipment as a whole is suitable, fit and merchantable and capable of meeting all the requirements of the Hirer.
e) Unless the Owner has been expressly retained, in writing, to advise on the suitability, fitness and merchantability of the Equipment for the Hirer’s purpose, any warranting as to suitability, fitness or merchantability is hereby expressly excluded.
f) Any shortages or malfunctioning of the Equipment must be notified by the Hirer to the Owner, over the phone, within 24 hours of delivery.
g) Where the Hirer is in Effective Control of the Equipment, then the Hirer is a bailee of the Equipment.
h) In addition to all duties imposed at law upon bailees, it is an essential term of the Contract that the Hirer will at all times exercise all reasonable care and diligence in the use of the Equipment in accordance with Manufacturer’s specifications;
i) Where the Hirer has responsibility to return the Equipment, it must return it in good order and working condition to the Owner at the Delivery Address on or prior to the expiration of the Period of Hire.
j) Where the Owner is to collect the Equipment at the expiration of the Period of Hire, the Hirer must:
i. Make it available for collection in good order;
ii. Furniture stacked neatly;
iii. Glassware (rinsed) back in their boxes;
iv. Crockery and Cutlery (washed) and back in their crates (please refer to Section 6 e) above;
v. Not tamper or in any way interfere with, or repair or attempt to repair the Equipment;
vi. Be responsible for all accidental damage to the Equipment, save and except where such damage is caused by the Owner;
vii. Be responsible for all loss or damage to the Equipment occasioned by theft, malicious damage, or other unlawful act, save and except where such loss or damage occurs when the Equipment is under the effective control of the Owner;
viii. Ensure that the Equipment is secure at all time and where being stored in unlocked premises, supply such security measure to ensure that the Equipment is secure at all times;
ix. Keep the Equipment safe at all times during the Period of Hire;
x. Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Equipment and/or The Owner’s ownership of the Equipment;
xi. Not permit any person to improperly use the equipment.
k) In the event that the Equipment or any part of it is lost, stolen or damaged during the Period of Hire in circumstances where the Hirer bears responsibility under these Terms, the Hirer will be liable to the Owner and will indemnify it for the cost and expenses of the replacement of such lost or stolen Equipment and/or for the replacement of Equipment which, in the sole determination of the Owner, is damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged equipment.
l) In the event that the Hirer fails or refuses for any reason whatsoever to return or make available for collection all the Equipment to the Owner at the expiration of the Period of Hire, then the Hirer will be in breach of an essential Term of this Contract and without prejudice to any other rights which the Owner may have, either pursuant to these Terms or at law, the Hirer will be liable to pay the Owner on a Day-Rate basis for the hiring for Equipment for such further period of time.
m) For the purposes of clause 7(l) above, such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Equipment is returned to The Owner in good working order and condition or the date when the Owner receives from the Hirer full monetary compensation for the loss or damage to the Equipment.
n) The loss or damage to the Equipment will be the replacement cost of the Equipment at that time or, where the Equipment cannot be replaced, the cost of new substitute Equipment that can substantially be used for the same purpose as the lost damaged or destroyed Equipment.
o) In addition, the Hirer fully indemnifies the Owner for any other liability, loss or cost that the Owner might sustain as a consequence of the Owner being unable to meet any other contractual obligation to supply that Equipment (or any other item thereof) to any other person.
a) Where the Owner provides Services for a Hirer at a Site, each of the following are Essential Terms of this Contract, which the Hirer must comply with. The Hirer must:
i. Ensure that the Owner is able to access the Site at all times specified by the Owner and at all other reasonable times so as to enable the Owner to provide the Services;
ii. Ensure that the Equipment when installed remains in place at the Site for the Period of Hire and that the Site is not required for any other purpose which would require the Equipment to be dismantled and re-installed or which may put the whole or any part of the Equipment at risk of being lost damaged or destroyed;
iii. Ensure that all access to the Site is given to the Owner and that such time as is required by the Owner is available at the conclusion of the Period of Hire to enable the Owner to dismantle and remove the Equipment from the Site;
iv. Do all such things as are necessary to discharge the Hirer’s obligations under all applicable Occupation Health and Safety legislation, regulations and codes of practice so as to ensure that the Site and the Equipment as installed are safe and free from defects and dangerous conditions;
v. Ensure that where the Equipment is being Installed on any structure or held in place by any structure that the structure is capable of holding the weight of the Equipment and that the structure is properly erected so as to be safe and so as to take the anticipated loads involved in holding the Equipment;
vi. Ensure that the Site is safe for all of the Owner’s employees and contractors to carry out the services required of the Owner under this Contract.
b) Where in the Details of Goods and Equipment to be Hired it states that the Owner will deliver the Equipment to the Site, then the Owner is responsible for the Equipment until it is delivered to the Hirer at the Site.
c) Where in the Details of Goods and Equipment to be Hired it states that the Hirer will collect the Equipment from the Owner and the Hirer will deliver it to the Site, then the Hirer is responsible for the Equipment as and from the time the Hirer collects the Equipment from the Owner’s Premises.
d) The Hirer acknowledges that the Owner may in providing the Services be dependent upon other contractors preparing the Site for the Equipment or its installation.
e) The Owner will not be liable for any delay in installing the Equipment or for providing the Services where such delay is a consequence of any act or omission on the part of such external contractors.
f) Except where the Owner has expressly agreed to provide any Facilities, it is the exclusive responsibility of the Hirer to ensure that:
i. The Site is safe for the Installation and use of the Equipment;
ii. All required Facilities are available and are in place, are safe and in good working order;
iii. The Site is safe for the provision of the Services.
10. DEFAULT EVENTS
a) The Hirer will be in default if:
i. It breaches any of its obligations under Budget Party Hire’s Terms and Conditions and fails to remedy such breach within seven (7) days of being requested by the Owner to do so;
ii. It breaches any essential Term of this Contract;
iii. Where the Hirer being a corporation is insolvent is wound-up or goes into Liquidation or has an Administrator appointed to it or has a Receiver appointed over any of its assets;
iv. Where the Hirer is a natural person, he or she is or becomes insolvent or makes an assignment for the benefit of his or her creditors or commits an act of bankruptcy under the Bankruptcy Act 1966 (Cwlth) or is declared bankrupt.
b) On the happening of a Default Event the Owner may, without prejudice to any of its other rights either under these Terms or at law and without previous notice to the Hirer, enter any Site where the Owner believes the Equipment to be located, re-possess it and the Hirer hereby agrees not to make any claim or bring any action against the Owner as a result of the re-possession of the Equipment.
c) The Hirer agrees to indemnify the Owner and keep the Owner indemnified against any loss or liability expense or cost which might be incurred by the Owner in entering upon the Site and taking possession of the Equipment or any item thereof.
d) Such indemnity covers any liability to any third party for trespass or for damage to the Site occasioned through the entry upon the Site, the re-possession of the Equipment or its removal from the Site.
a) Except where specifically agreed in the Special Conditions, the Owner gives no warranty express or implied in respect of the Equipment, its fitness for purpose or the condition thereof.
b) All warranties implied by the Competition and Consumer Act 2010 and any other Statutes (if any) that can be expressly excluded are hereby expressly excluded.
c) Where permitted by statute, the Owner’s liability for breach of any warranty is limited to:
i. The supply to the Hirer of substituted equivalent equipment; or
ii. The payment of the costs of supplying to the Hirer substituted equivalent equipment; or
iii. The repayment to the Hirer of the Hire Fee.
12. LIMITATION OF LIABILITY
a) The liability of the Owner is limited as follows:
i. The Owner is not liable to the Hirer for any loss or damage which the Hirer might sustain as a consequence of the Hirer ordering the wrong Equipment or insufficient quantities of the Equipment or where the Equipment is hired for a purpose which is outside of the Equipment’s specifications.
ii. The Owner is not liable for any damage or loss suffered by the Hirer as a consequence of any late Delivery of the Equipment to the Site;
(a) If the Hirer has accepted the Offer to Hire Form less than 72 hours prior to the required Delivery Time and the Site is in within 20 kilometres of the Owner’s Premises.
(b) If the Site is more than 20 kilometres from the Owner’s Premises, then the Owner will have no liability arising out of late Delivery if the Acceptance by the Hirer is received within five (5) days of the anticipated Date of Delivery to the Site.
iii. The Owner will have no liability to the Hirer if it is the responsibility of the Hirer;
(a) to prepare the Site for the Delivery and Installation of the Equipment or
(b) where it is the responsibility of the Hirer to provide the Facilities; And at the time of Delivery of the Equipment to the Site, the Site is not so prepared or the Facilities or any of them are not available or unsuitable.
iv. The Owner has no liability to the Hirer for any damage or loss which the Hirer might sustain where the cause of that damage or loss is the negligence of the Hirer or any of its servants, agents or contractors;
a) Where it is the responsibility of the Hirer to ensure that the Site is safe and that the Facilities are safe, then the Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of the Hirer to ensure that the Site is safe.
13. NO SALE AND ACKNOWLEDGEMENT OF OWNERSHIP
a) This is a hiring agreement only and does not constitute or give rise to any sale of the Equipment to the Hirer, any hire purchase agreement or arrangement with the Hirer or any leasing agreement that contains an option to purchase the Equipment.
b) The relationship between the Owner and the Hirer is limited to a relationship of owner and bailee in respect of the equipment.
c) The Hirer acknowledges that the Owner is the sole exclusive owner of the Equipment and the Additional Equipment.
d) Nothing in this Contract confers any option on the Hirer to purchase the Equipment or any part thereof.
Updated January 2017.