HIRE AGREEMENT / TERMS AND CONDITIONS OF HIRE
“Owner” means A PARTY TO REMEMBER
“Hirer” means person hiring the equipment
- Binding Contract
Upon a booking enquiry, A PARTY TO REMEMBER will confirm the goods/equipment is available for hire. If available, a deposit is required within 24hrs to ensure the booking is finalised and accepted by both parties.
The Hirer will be deemed to have accepted the offer to hire on these standard terms and conditions when the deposit is received.
All equipment is owned by A PARTY TO REMEMBER. No hire equipment is available to purchase.
All hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from A PARTY TO REMEMBER’S premises. It is the hirer’s responsibility to check all of the ordered hire equipment upon collection or delivery and must notify A PARTY TO REMEMBER in writing (text or email) or in person of any breakages or missing items immediately.
The Hirer acknowledges that it is aware of the proper use for which the goods/hire equipment are designed, has inspected the goods/hire equipment, and expressly agrees that the goods/hire equipment are:
3.1 in clean condition;
3.2 in satisfactory working order/fit for purpose; and
3.3 of the quantity and specifications as ordered.
- Charges and Terms
Full payment and bond is required prior to collection or delivery of the hire equipment.
If return items are found by A PARTY TO REMEMBER to be in an unclean condition and/or not in substantial working order, the Hirer shall pay A PARTY TO REMEMBER the cost and expenses of restoring the goods/hire equipment to a clean condition and good working order.
Whist hire items will be washed by A PARY TO REMEMBER, items that include linen that are returned with burns, holes, rips, excessive staining and staple marks will be charged at full replacement cost. Linen returned with stains including (but not limited to) candle wax, mould, rust, graffiti and/or heavy beverage stains that are unable to be restored to a clean condition via ordinary laundering procedures, and are required to have expert cleaning (i.e. Dry Cleaning), that will cost more than the ordinary expense, will be charged to the Hirer at the appropriate rate.
If any items are lost/stolen or damaged during the hire period, the hirer accepts full responsibility to compensate A PARTY TO REMEMBER for the value of goods/hire equipment.
The Hirer will:
- At all times exercise all reasonable care and diligence in the use of the equipment in accordance with Manufacturer’s or Owner’s specifications and 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;
- Not tamper or in any way interfere with, or repair or attempt to repair the equipment;
- Return the equipment in good order and working condition to A PARTY TO REMEMBER at the delivery address on the agreed date/time;
- Where A PARTY TO REMEMBER is to collect the equipment at the end of the period of hire, the Hirer must make it available for collection in good order and working condition at the delivery address;
- Be responsible for all accidental damage to the equipment
- Be responsible for all loss or damage to the equipment caused by theft, malicious damage, or other unlawful act
- Not permit any person to improperly use the goods
- At no time during the period of hire part with possession of the equipment or in any way deal with it in a manner inconsistent with the rights of A PARTY TO REMEMBER as owner;
- Ensure that the equipment is secure at all time and where being stored in an unlocked premises, supply such security measure to ensure that the equipment is secure at all times;
- Keep the equipment safe at all times during the period of hire;
- In the event that the equipment (or any part of it) is lost, stolen or damaged during the hire period, the Hirer will be liable to A PARTY TO REMEMBER and will pay the replacement or repair costs of the equipment. It is choice of A PARTY TO REMEMBER whether the item can be repaired or requires replacement.
- In the event that the Hirer fails or refuses (for any reason whatsoever) to return or make available for collection all the equipment to A PARTY TO REMEMBER at the end of the hire period, then the Hirer will be liable to pay A PARTY TO REMEMBER a Day-Rate basis for the hiring for equipment until it is returned.
- Hire Bond
A security hire bond is required for all equipment hired. The hire bond will be returned within 7 days of the equipment being returned, inspected and the hire period ending.
Any missing, broken, chipped, damaged, heavily soiled items returned will be charged for at the replacement cost and/or cleaning cost and deducted from the bond amount. Hire items include all packaging items and materials which may be charged for at full replacement cost.
A PARTY TO REMEMBER is not liable for any claims, actions, suits, demands and expenses in any way arising from injury, death, loss of income or damage caused to the hirer or its property, or any other third parties or property, in respect of the equipment hired.
Hire items are not insured. The hirer is responsible for any loss, damage or breakage until the items are returned or collected.
- Setup and Removal of Equipment
A PARTY TO REMEMBER is not responsible for the setup of equipment, unless otherwise expressly stated, and agreed in writing between A PARTY TO REMEMBER and Hirer.
A PARTY TO REMEMBER gives no warranty express or implied in respect of the equipment, its fitness for purpose or the condition of the goods.
All warranties implied by the Trade Practices Act 1974 (Cth) and any other Statutes (if any) that can be expressly excluded are hereby expressed.
- Limitation of Liability
A PARTY TO REMEMBER 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, insufficient quantities of the equipment or where the equipment is hired for a purpose which is outside the scope of the equipment.
The Hirer has the right to cancel this contract if notification is received by SMS or email to A PARTY TO REMEMBER.
A PARTY TO REMEMBER will confirm that the notice of cancellation has been received and accepted by SMS or email. After cancellation occurs there is no further obligation to hire, collect or deliver the equipment.
The cancellation notice sent by the Hirer must clearly identify each and every item of the equipment which the Hirer no longer requires. E.g. please cancel: 1 x Mermaid theme, 3 x platters, 2 x folding trestle benches.
11.1 Cancellation fee
If cancellation is made 30 days prior to the event. A full refund will be given (100% of the deposit)
If cancellation is made 7 days prior to the event. 50% refund will be given (50% of the deposit)
If cancellation is made less than 7 days prior to the event. No refund of the deposit will be given.
Items cancelled after delivery will be charged at the full rate plus transport.
No cancellation by the Hirer will be acknowledged, or valid unless it is received in writing.
The Hirer shall not remove the goods from the agreed storage address or the agreed party location address, without the written consent of A PARTY TO REMEMBER except for the purpose of returning the goods to A PARTY TO REMEMBER’S premises.
- Acceptance of Terms and Conditions
The Hirer hereby unconditionally accepts the above terms and conditions and acknowledges that its acceptance is a condition precedent to taking possession of the goods/services/hire equipment from A PARTY TO REMEMBER.
I/We have read and agree with the conditions of hire set out above.
I/We agree to hire the equipment listed on our confirmed order in accordance with such conditions.
Daily rates apply until returned, or until payment for missing items has been received.