TERMS OF HIRE
TERMS AND CONDITIONS OF HIRE
By making payment for the Goods the Hirer agrees to be bound by these Terms and Conditions of hire.
In this agreement:
‘Event Date’ means the date of the Event set out in the Order.
‘Event Site’ means the location at which the Goods will be delivered, stored or set up.
'Goods' means the goods described on the Order and any replacement for those goods and includes all accessories and other equipment as well as set-up services where indicated on the Order;
'GST' has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
‘Order’ means the order with itemised costs provided by the Owner to the Hirer.
'Owner' means Pompette Events ABN 19 604 274 884 and its substitutes, successors and permitted assigns, representatives or agents;
'Price list' means the Owner's published price list in Australian Dollars which is current at the date of this agreement which is either provided to the Hirer or made available on the Owner’s website; and
'Hirer' means any person who agrees to be bound by this agreement personally or by an agent. Where there is more than one Hirer, such persons are jointly and severally liable under this agreement;
'Hire period' means the period beginning on delivery of the Goods and ending on the date and the date set out on the Order as the Expiry Date or, if the Goods are stolen or damaged beyond repair, the date on which the insurance company confirms that it will accept that the Goods have been stolen or damaged beyond repair;
2. HIRE OF GOODS
2.1 Any person placing an order for Goods has the authority of the Hirer to make this agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to this agreement and hereby indemnifies the Owner against all losses and cost incurred by the Owner arising out of the person signing this agreement failing to have such power and/or authority.
2.2 The owner agrees to hire the Goods to the Hirer for the Hire period and the Hirer agrees to take the Goods on hire for that period and to pay the hire charge set out in the Order for that hire period, together with any applicable GST, on the terms and conditions set out in this agreement. The Hirer is entitled to use the Goods for the Hire period and for any extension of the Hire period that has been agreed in writing.
2.3 Goods that are not returned in accordance with 2.1 will be subject to an additional hire charge as indicated in the Order. Where no specific additional hire charge is indicated on the Order, at the Owner’s option, the charge on the Price list shall apply to the Goods until it is returned, or if the Goods are damaged, lost or not returned, a charge of up to 600% of the replacement cost of those Goods shall be payable.
2.4 The Hirer acknowledges that it has received adequate instruction on the correct use of the Goods.
3. PAYMENT FOR HIRE
3.1 The Hirer agrees to pay to the Owner the amount of the hire charge set out in the price list for the Goods or the Order for the hire period, together with any applicable GST, in advance, by bank transfer or cash as follows:
a. Upon confirmation of the order - 30% of the total price indicated on the Order including the delivery fee. This amount is non-refundable
b. 14 days prior to the Event Date - Balance of all sums owing.
c. Orders placed less than 7 days prior to the Event Date - 100% of the total price indicated on the Order including the delivery fee. This amount is non-refundable
3.2 The Hirer also agrees to pay the Owner other amounts and any duties, fees (such as specialised or professional cleaning and repair fees), outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the Hirer's hiring of the Goods.
3.3 The Hirer authorises the owner to complete any documents necessary or desirable to enable the Hirer to make any payments through any credit card system.
4. SECURITY DEPOSIT
4.1 The Hirer agrees to pay a security deposit to the Owner of up to 50% of the total price on the Order, as required from time to time by the Owner. The Owner reserves the right not to accept any order or deliver the Goods unless the security deposit is provided to its satisfaction.
5. DELIVERY, SET UP AND COLLECTION OF GOODS
5.1 A separate delivery charge is payable to the Owner for the delivery of the Goods, and Goods must not be transported by the Hirer.
5.2 The Goods shall be returned to the possession of the Owner in a reasonably clean state or a cleaning fee shall be payable to the Owner.
5.3 The Hirer must allow the Owner reasonable access to the Goods and the Hirer shall indemnify the Owner in relation to any action of trespass or any other action or claim in the course of the Owner exercising its right to inspect the Goods.
5.4 The Hirer must provide safe and proper access to and at the Event Site.
5.5 The Hirer must provide a map of the Event Site and the specific area in which the Goods are to be delivered or set up.
5.6 Where the Goods hired are chairs, lounges or other seating, the Hirer must provide the Owner with a seating chart or furniture layout 2 weeks prior to the event or have a representative on site at time of delivery to facilitate set up.
5.7 The Hirer is liable for all injury, loss or damage suffered by the Owner, its employees or agents while at the event site, which are not the result of negligence by the Owner, employee or its agents.
5.8 Delivery and collection rates quoted are based on information received from the Hirer. Should delivery and collection take longer than estimated due to difficulty accessing the site such as staircases or on-site restrictions, additional charges shall be payable by the Hirer which may equal 100% of the delivery charge as set out on the Order, or the actual cost of delivery, whichever is the higher.
5.9 The Owner reserves the right to alter the requested set up or not set up the Goods at all if in the reasonable opinion of the Owner, such set up would likely cause damage to the Goods or injury to any person, or if the location is unsuitable. The Hirer is solely responsible for the provision of appropriate shelter at the Event Site to ensure protection of the Goods, prior to the delivery of the Goods.
5.10 Once Goods have been set up by the Owner, the Hirer agrees not to remove the Goods from the set up location or position, unless the Goods are at risk of damage, in which case the Hirer agrees to take all reasonable steps to immediately remove the Goods from the risk.
6. CHANGES TO ORDERS & CANCELLATIONS
6.1 Subject to availability and additional payment, the Owner may accept increases in the quantity or substitutions to the Goods ordered.
6.2 Reductions in quantity of Goods ordered will be accepted by the Owner without forfeit of any part of the hire charge if such reduction results in a price difference of no more than 10% of the total price indicated on the Order, and the Owner is notified at least 14 days before the Event Date.
6.3 The Hirer may cancel an order or individual items on an order by written notice to the Owner but will forfeit any hire charges paid in respect of that order or individual cancelled item as the case may be, as follows:
a. Cancellation at least 14 days before the Event Date - 30% of the total price indicated on the Order
b. Cancellation between 8 and 13 days before the Event Date - 60% of the total price indicated on the Order
c. Cancellation 7 or fewer days before the Event Date - 100% of the total price indicated on the Order
6.4 The Hirer agrees that the forfeiture amounts in 6.3 are a genuine pre-estimation of loss incurred by the Owner for loss of bargain and opportunity cost and are in the way of liquidated damages and not a penalty.
6.5 Subject to availability of Goods, an order may be transferred to a later date within 14 days of the original Event Date without forfeit of any part of the hire charge. This right of transfer may only be exercised once by a Hirer in respect of the same order.
7. HIRER'S WARRANTIES
The Hirer warrants that:
(a) the particulars provided by the Hirer are correct in every respect and are not misleading in anyway including, without limitation, by omission;
(b) the Hirer holds appropriate licences valid for the type of Goods hired;
(c) the Hirer will not breach any copyright or other restriction in relation to or in connection with, the Goods; and
(d) in selecting the Goods the Hirer has not relied on the Owner's skill and judgment or on any representations made by or on behalf of the Owner and agrees that the Goods comply with their description, are in merchantable condition and are fit for the Hirer's purpose.
8. HIRER'S OBLIGATIONS
The Hirer will:
(a) keep the Goods in the same condition as they were provided by the Owner and protect and use them as they would be used by a careful and prudent owner;
(b) use the Goods in the manner consistent with their manufacture and specifications. The Hirer acknowledges and agrees that the Goods shall not be exposed to wet weather and if used outdoors will be under cover during inclement weather.
(c) not use the Goods for any illegal purpose;
(d) report any damage to, or loss of, the Goods to the owner immediately if such damage or loss occurs;
(e) at the discretion of the Owner exercised reasonably, pay either the full replacement cost or repair costs of Goods damaged or lost during the hire period however and by whoever caused (excepting the Owner), including but not limited to damage caused by:
(i) overloading, exceeding capacity or specifications;
(ii) misuse or abuse;
(iii) Hirer’s negligence;
(iv) loss of Goods;
(v) cigarette and sparkler or other fire burns;
(vi) food, water or liquid damage including stains;
(f) be liable for any breach of this agreement committed by the Hirer's guests, customers, servants or agents;
(g) indemnify the Owner for any loss (including legal costs) incurred by the Owner in relation to any breach of this agreement and for any liability arising out of any such breach;
The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect and shall indemnify the Owner and the Goods against all claims, loss or damage of whatever nature or type.
The owner may retake possession of the Goods if the Hirer breaches any provision of this agreement.
11. LIMITATION OF LIABILITY
11.1 Subject to the provisions of this clause 11 the Hirer agrees that neither the Owner nor any of the Owner’s representatives or agents shall be liable to the Hirer or any other person for any loss, injury, or damage whatsoever to any person or their belongings or otherwise arising out of or in connection with the offer and/or supply of goods or services by the Owner or any third parties resulting directly or indirectly from any occurrences including breakdown/faults in equipment, strikes, theft, delay or cancellations or changes in itinerary or schedules etc.
11.2 Neither the Owner nor any of the Owner representatives or agents accept any liability whatsoever and shall not be liable to the Hirer or any other person for any injury, damage, loss, delay, additional expenses or any distress, disappointment or inconvenience caused either directly or indirectly by any events or acts or omissions which are beyond our control, including but not limited to, war, civil commotion, fire, floods, acts of God, act of government or other authorities, industrial action or accident or failure of machinery or equipment.
11.3 The Owner shall not be liable for any indirect or consequential losses or expenses suffered by the Hirer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Hirer as a result of a breach of this agreement.
11.4 If the Competition and Consumer Act 2012 (Cth) or any similar law applies and an implied or statutory condition or warranty cannot be excluded the Owner’s liability will be limited, at the Owner’s discretion, to either the replacement or resupply of the goods or services.
11.5 If the Competition and Consumer Act 2012 (Cth) applies, the Hirer has certain rights under the Australian Consumer Law, known as ‘consumer guarantees’.
(a) These rights include guarantees that the goods supplied:
(i) will be of acceptable quality;
(ii) will be reasonably fit for any purpose made known to the Owner before the Owner supplies them to the Hirer; and
(iii) will correspond with any description, sample or demonstration model.
(b) These rights include guarantees that the services supplied:
(i) will be carried out by the Owner with due care and skill;
(ii) will be fit for the purpose disclosed; and
(iii) will be supplied within a reasonable time.
This is a summary of some of the Hirer’s rights under the Australian Consumer Law. It is not exhaustive and is not legal advice. Nothing in this document is intended to override or limit any rights the Hirer has under the Australian Consumer Law
11.6 Nothing in these Terms and Conditions operates to limit or purports to limit any consumer rights which the Hirer has and which cannot be contracted out of (including any State or Territory consumer protection legislation).
12. TITLE TO GOODS
The Hirer acknowledges that the Owner retains title to the Goods and that the Hirer has rights to possess the Goods as a mere bailee only. The Hirer does not have any right to pledge the Owner's credit in connection with the Goods and agrees not to do so. The Hirer also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods without the prior consent of the Owner.
13. NO WAIVER
Time is of the essence of this agreement, except that no delay by the Owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
14. GOVERNING LAW
This agreement will be governed by the law of Western Australia.