Important, please read carefully.
Sydneywide Party Hire Pty. Ltd.
TERMS AND CONDITIONS OF HIRE
Definitions: In these conditions of hire.
(a) The “Owner” is Sydneywide Party Hire/Minchinbury Party Hire
(b) The Hirer is the person or company identified on the front here of and includes the servants, agents and contractors of the Hirer.
(c) “equipment” includes all goods, articles and machinery supplied by the Owner to the Hirer for a fee applicable to this contract
(d) The “Period ofHire” shall:-
Commence
At a time and date shown overleaf and when the equipment is delivered to the Hirer and the agreement is signed by the Hirer.
Cease
When the equipment is returned to the Owner.
AGREEMENT
(1) The Hirer agrees to remain in full control of the equipment and accept responsibility for ensuring that the equipment is used in accordance with any instructions provided.
(2) The Hirer warrants that he/she is empowered to make this agreement on behalf of all persons who will use and operate the equipment until the equipment is returned.
(3) The owner repudiates and disclaims all other express or implied conditions and warranties and representations relating to the equipment or this agreement, other than the terms and conditions stated herein.
(4) The hiring fees and deposits must be paid in advance in cleared funds.
(5) The Hirer is protected by conditions and warranties implied by law which cannot he waived by an agreement. No part of this agreement will limit in any way the benefit of those warranties, conditions and rights. Subject to the aforesaid the Owner’s liability is limited to refund of the hiring fees and reserves the right to limit its liability to the minimum possible under the aforementioned law.
(6) The Hirer acknowledges that he/she will inspect the equipment prior to entering this agreement and be satisfied as to the suitability for the Hirers needs and that said equipment is in good working and substantial working condition.
(7) In the event of the Hirer requesting the Owner to transport the goods to or from the Owners Premises the Hirer shall pay the Owner all charges and expenses incurred by the Owner in delivering, installing and/or collecting the goods in addition to the hire charges.
(8) Hire rates stated are based on the following periods of hire and hours of usage:
(a) a day of 8 hours use over .a continuos 24 hour period.
(b) a week of 40 hours use over a continuous 5 day period.
If the Hirer uses the goods outside the periods of hours shown above he/she will be liable to pay the Owner for the excess on a pro rate a hourly or daily basis at the discretion of the Hirer.
(9) All deliveries are made to the kerbside at the address stated. If for the convenience of the customer, his agent or subcontractor the vehicle crosses the kerbside any damage or injury to property or the person shall be the responsibility of the customer, his agent or subcontractor whether arising from the driver of use of the vehicle
or otherwise.
(10) The hirer shall not remove the goods from the job site stated without the written consent of the Owner except for the purpose of returning tire goods to the Owners premises.
(11) The Hirer will not relet, lend, transfer, assign, sell or deal with the equipment or allow or cause it to be transferred from the original location of delivery shown overleaf.
(12) The equipment will be used only whilst in good working condition (Reasonable wear and tear is acceptable) until the end of the hire period. Apart from said “reasonable wear and tear” the Hirer will be required to deliver up the equipment in good working order and condition.
(13) The period of hire may be extended by agreement of both “Owner and Hirer”. An agreed extension will be on the original terms as stated herein and this agreement will continue in effect until tile equipment is returned at the end of the extended period.
(14) Upon the occurrence of any of the following events the period of hire will terminate and the equipment must be returned to the Owner forthwith, name! y:-
(a) An order of sequestration is made against the assets of the Hirer.
(b) The Hirer defaults in payment of equipment the subject of this agreement on the date due.
(c) The Hirer defaults by non observance of any of the terms stated in this agreement.
(d) The Hirer causes or allows to be caused any act or occurrence which jeopardises the preservation and security of the equipment.
(e) Any event of occurrence which makes it apparent that the Hirer has repudiated this agreement.
In the that event of any one of the above occurrences take place the Owner can take action within the law and the terms of this agreement for the return of the equipment and recovery of all outstanding costs and charges.
(15) The Hirer shall keep the Owner indemnified against any loss of damage or daim which may arise from the possession, operation and general use of the equipment under the control of the Hirer, including any damage or loss in respect of injury to person or property arising out of use or operation of the equipment by any person whosoever, from the time of delivery until returned to the Owner.
(16) The Hirer will not have any repairs, work or mechanical adjustments made to the equipment except where authorised in writing by the Owner.
(17) Any disputes will not be recognised if not brought to our attention in writing within 14 day of receipt of invoice.
(18) Interest will be charged daily at normal overdraft rates plus 1.5% Administration fees on any monies owing.
(19) If the goods are not returned on the due date, the Hirer will be liable to pay an extra hire as outlined in section (8).
(20) Cancelled bookings outside of a 48 hour period from delivery incur a non refundable charge of 50%. Bookings cancelled within a 48 hour period incur a 100% cancellation fee. If items are removed from an order or quantities reduced, a cancellation fee will also apply to these items at 50% for items cancelled outside of a 48 hour period of delivery and 100% inside a 48 hour period of delivery.
(21) The Hirer agrees to pay for any damage or loss to hired equipment at the replacement value of the item/items. Until such payment is received, extra hire charges as outlined in section (8) will apply.
(22) The Hirer agree ‘s to pay a bond on the items hired upon which deductions can be made ifitern/s are returned dirty, broken or missing.
(23) All crockery, cutlery and kitchen equipment will be returned back to 0wner for counting and establishing of dirty, missing or broken items. This will be done within 48 hrs of arriving at the owners premises.