e Hire Melbourne.

terms and conditions of hire

Terms and Conditions of Hire also Terms and Conditions for Purchase of Goods. .
The following Terms and Conditions must be accepted by the "Hirer" prior to "Having a Party" making the goods or services available to the "Hirer"

1. Definitions
"goods" means all goods, equipment, consumables, accessories and packing containers of whatever nature supplied by Having a Party to the Hirer and
"hire of goods" includes any services provided by Having a Party in delivery, unpacking, installing and collection of goods; "GST" means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 or any amending legislation;
"Hire Period" means the time from when the goods leave the store used by Having a Party until they return to it;
"Hirer" means the person, firm or company, jointly and severally if more than one, hiring goods from Having a Party;
"Site" means the site to which the goods are delivered;
"Term" means these Terms and Conditions of Hire.

2. Basis of Contract
2.1 The Terms apply exclusively to every contract for the hire of goods by the Hirer from Having a Party and cannot be varied or supplanted by any other terms without the prior written consent of Having a Party.
2.2 A written quote provided by Having a Party to the Hirer regarding the proposed hire of goods is valid for [7] days and is an invitation only to the Customer to place an order based upon that quote. Any terms in Having a Party's quote form part of the Terms and if inconsistent will prevail.
2.3 If an order placed by the Customer is accepted by Having a Party, Having a Party agrees to hire the goods to the Hirer for the Hire Period for use at the Site on the Terms.

3. Hire Charges and variation
3.1 A minimum charge of $20.00 applies for any order.
3.2 All amount quoted is for use of the goods on one day only. Each additional day may incur an additional charge of 25% of daily rate.
3.3 Unless otherwise specified, any quotation assumes:
(a) delivery, installation, removal and return of goods being provided during ordinary working hours;
(b) delivery being made to street level only;
(c) grounds of floors being level and clear;
(d) The Customer unpacking, setting out, repacking and cleaning of goods.
3.4 Any variation to the assumptions in clause will incur further charges payable by the Hirer for additional equipment used, time spent or overtime rates by Having a Party.
3.5 All hire prices quoted include GST

4. Invoice, payment and bonds
4.1 Payment for hire of goods or services must be made by:
(a) 25% of the total fees or $250.00 deposit ,at time of ordering ( the greater) which is non refundable :or
(b)100% of the total fees at least 7 days prior to delivery of the goods or services which is non refundable.
4.2 Payment must be made by bank deposit, credit card, EFTPOS or cash.
4.3 Having a Party may require a security bond to be paid in addition to any hire or service fees as deemed necessary. A security bond may be required prior to the delivery date, or applied upon sighting of delivery site during delivery on the agreed delivery day. No goods will be delivered until the bond payment has been received by Having a Party if deemed necessary.
4.4 Any portion of the security bond not applied will be refunded by cheque posted within fourteen days of return of goods.
4.5 Any instruction received from the hirer for the supply of goods or services and/or the hirers acceptance of goods or services by Having a Party shall constitute acceptance of the terms and conditions contained herein.
4.6 Upon acceptance of these terms and conditions by the hirer the terms and conditions are irrevocable and can only be amended with the written consent of Having a Party.

5. Variation and Cancellation
5.1 If through circumstances beyond the control of Having a Party, Having a Party is unable to provide goods, then Having a Party may:
(a) make changes to the goods provided that the end performance is not materially prejudice; or
(b) cancel any order (even if it has already been accepted) by notice in writing.
5.2 The Hirer or purchaser may cancel any order, but will forfeit 25% of the total hire price or sale price agreed at placement of order. If cancellation is less than seven days prior to delivery date, the hire or sale price will be forfeited in full.

6. Delivery and collection
6.1 Goods will be delivered in a reasonably clean but not necessarily sterile state. The Hirer must wash any goods from which food or drinks are to be served prior to use. The hirer must present all hire items in clean and tidy condition after use or a min $50.00 cleaning charge will apply.
6.2 The Hirer must allow Having a Party servants, agents and insurers access to the goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. The Hirer is responsible for providing safe and proper access to and at the Site. The Hirer is liable for all injury, loss or damage suffered by Having a Party, its employees or agents while at the Site.
6.3 The Hirer must make the goods available for collection by Having a Party at the pre arranged time (organised at time of delivery). If the goods are not made available and Having a Party must return a second time to pickup, a minimum extra charge of 50% of the delivery/transport cost, an appropriate rental fee and all labour costs involved during collection will apply.
6.4 Having a Party's count and decision as to the condition of goods prior to dispatch and on return shall be final.

7. Responsibility of Hirer
7.1 The Hirer bears all risks in the goods for the Hire Period.
7.2 During the Hire Period the Hirer is responsible for:
(a)Safe keeping of the goods during the Hire Period
(b) Using the goods in strict conformity with the goods instruction or specifications
(c) Not using pigmented streamers or decoration within or near any marquee hired
(d) Insuring that goods are not moved from the Site, unless in an emergency and Having a Party is advised immediately afterwards
(e) Complying with all relevant laws, by-laws and regulations applicable to the installation, use and operations of the goods
(f) Protecting the Goods against soilage, damage, fire, theft, distress or seizure
(g) Using only fuel, power and consumables specified by Having a Party: and
(h) Ensuring the goods are not operated for any purpose beyond their rated capacity or in a manner likely to result in undue wear

8. The Hirer remains liable where:
(a) The Hirer has not promptly submitted a written report (and in the case of theft, a copy of the police report)
(b) The Hirer has not taken reasonable precautions to safeguard the goods
(c) The Hirer has no complied with the clauses of the Terms
(d) Accessories or packaging are lost or damaged
(e) Goods have been carried or used the goods over water
(f) Loss or damage to marquees, walling or other hire goods has been caused by heaters, catering equipment, catering odours or coloured streamers
(g) Damaged goods has been caused by graffiti or vandalism

9. Break down or defect
9.1 The Hirer must inspect all goods and notify Having a Party within 24 hours of delivery. Any shortages not notified within this time will be charged in full.
9.2 Break downs or defects in the goods resulting from:
(a) Proper or ordinary use; or
(b) The development of an inherent fault or a fault not ascertainable prior to the start of the Hire Period: may, at Having a Party's option, either be repaired or the goods replaced at Having a Party's expense.
9.3 If repair is impracticable and if replacement goods are not available, the proportional charge for broken or defective goods will be credited to the Hirer and Having a Party will not have any other liability whatever to the Hirer.
9.4 No relief from hire charges nor any claims will be allowed by Having a Party:
(a) For stoppages due to causes out of Having a Party's control including, without limitations, bad weather or Site conditions; or
(b) The Hire not informing Having a Party of the defect or breakdown immediately it occurs. 9.5 The Hirer must not try to effect any repairs on the goods

10. Default and termination
10.1 If the Hirer:
(a) Breaches any term of the Terms;
(b) Is an individual and becomes bankrupt or enters into any scheme of arrangement or composition for the benefit of his or her creditors;
(c) Is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment of composition with or for the benefit of its creditors, has a as liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution; then Having a Party may, without prejudice to any other remedy available to it;
(d) require immediate payment of all money which would become payable by the Hirer to Having a Party at a later date on any account, without further notice;
(e) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rate Act 1983 (VIC) plus 5% for the period from the due date until the date of payment in full;
(f) charge the Hirer for and the Customer must indemnify Having a Party from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or taking action to enforce compliance with the Terms or to recover the goods
(g) charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods
(h) charge the Hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;
(i) claim damages from the Hirer for breach of the Hire Contract; and/or
(j) cease or suspend for such period as Having a Party thinks fit, supply of any further goods to the Hirer
10.2 On termination, the Hirer must immediately make the goods available for collection. If the Hirer does not, Having a Party is entitled to enter any premises of the Hirer where the goods are expected to be to repossess the goods. Having a Party will not be liable for any damage caused and the Hirer must indemnify Having a Party from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.

11. Limitation and exclusion
11.1 Except as specifically set out in the Terms, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded
11.2 Replacement or repair of the goods is the absolute limit of Having a Party's liability howsoever arising under the Terms or from the use of or any other dealings with the goods by the Hirer or any third party.
11.3 Having a Party is not liable for any indirect or consequential losses or expenses suffered by the Hirer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party. 11.4 Having a Party will not be liable for any loss or damage suffered by the Hirer where Having a Party has failed to meet any delivery date or varies, cancels or suspends the supply of goods.
11.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying any application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

12. Miscellaneous
12.1 The law of Victoria from time to time governs the Terms and the parties agree to non-exclusive jurisdiction of the courts of Victoria, Federal Court of Australia, and of courts entitled to here appeals from those courts.
12.2 Failure by Having a Party to enforce any of these Terms shall not be construed as a waiver of any of Having a Party's rights.
12.3 If any term is unenforceable it shall be read down so as to be enforceable, or if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.

13. Damage Waiver Fee
(a) Upon payment by the Hirer of the Damage Waiver Fee the Hirer is not responsible for the cost of repairs to or the cost of replacement of the Equipment if necessary because of damage to the Equipment sustained during the Hire Period.
(b) Clause
(a) only applies where that cost is equal to or less than $50,000. The Hirer remains responsible for those costs to the extent that they exceed $50,000.
(c) If the Hirer:
i. has hired Equipment from the Owner for one event or exhibition;
ii. the Equipment has been hired under more than one Contract; and
iii. the Hirer has paid the Damage Waiver Fee under more than one of those Contracts,
(d) Clause
(a) only applies where that cost is equal to or less than $50,000 in aggregate for those Contracts in respect of which the Damage Waiver Fee has been paid. The Hirer remains responsible for those costs to the extent that they exceed $50,000 in aggregate for those Contracts.
(e) Clause
(a) will not continue to operate after the expiration of the Hire Period unless an extension by the Owner is granted in writing and an additional fee is paid.
(f) Clause
(a) does not limit the Hirer's liability for failure to return the Equipment.
(g) Clause
(a) will not apply to, and the Hirer remains responsible for, loss or damage occurring to the Equipment:
i. because of breach of any statutory laws or regulations in connection with the use of the Equipment by the Hirer;
ii. because of misuse, abuse, willful or malicious acts, negligent or reckless use or overloading of the Equipment;
iii. because of disregard for instructions given to the Hirer by the Owner in respect of the proper use of the Equipment or in contradiction of the manufacturer's instructions if supplied with the Equipment at the time of hiring;
iv. because of the unexplained disappearance of the Equipment;
v. because of theft of the Equipment;
vi. while the Equipment is in transit, if being carried by the Hirer or an employee, contractor or agent of the Hirer.

14. Intellectual Property
Where Having a Party has designed, drawn or written goods for the hirer, then the copyright in those design and drawings shall remain vested in the company, and shall only be used by the hirer at Having a Party's discretion.

4 Lindsay Ave, Nunawading | Vic 3131 | Australia
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