These Terms and Conditions together with the Booking Confirmation, Safety Rules and Risk Assessment/Installation Specifications constitute the whole of the Contract with you, the “Hirer”.
1. DEFINITIONS AND EXPLANATIONS
In these Terms and Conditions these words and phrases have the following meanings:
“Additional Equipment” means further goods or equipment required by the Hirer for delivery to the Site
“Booking Confirmation” means the initial document detailing the Equipment and specifications of the proposed Period of Hire
“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 Terms and Conditions, Booking Confirmation, Safety Rules and Risk Assessment/Installation Specifications
“Delivery Address” means, except where otherwise stated in the Booking Confirmation, the Site
“Delivery Schedule” means the installation and collection times of the Equipment as advised to the Hirer prior to the Period of Hire. The Hirer acknowledges that installation may occur prior to the Period of Hire listed on the Booking Confirmation and that collection may occur after the Period of Hire listed on the Booking Confirmation
“Dry Hire” means the hiring of the Equipment to the Hirer without the provision of persons to operate the Equipment
“Equipment” means collectively all the goods and equipment described in the Booking Confirmation and separately each item of the goods and equipment designated in the Booking Confirmation
“Facilities” means all electrical services including lighting, power points, access and other requirements necessary in order to facilitate the proper and safe installation and use of the Equipment on the Site
“GST” means Goods and Services Tax
Hirer “Effective Control” means actual physical control and use of the Equipment at relevant times. Where the Equipment is provided to the Hirer on a Dry Hire basis, it will be deemed to be under the Effective Control of the Hirer. Where the Equipment is provided to the Hirer on a Wet Hire basis, it will be deemed to be under the Effective Control of The Owner.
“Hire Fee” means the fee inclusive of GST which the Hirer has by this Contract agreed to pay to The Owner for the hire of the Equipment for the Period of Hire. The Hire Fee is set out in the Booking Confirmation
“Hirer” means the company or person described in the Booking Confirmation as “the Hirer” and includes where applicable its lawful successors and assignees.
“Owner” means the company referred to as the Equipment supplier in the Booking Confirmation and all subsequent documents. The hirer acknowledges that all Equipment and Additional Equipment is the property of the Owner.
“Owner’s Representative” means any party representing the Owner including but not limited to servants, agents or lawful contractors
“Period of Hire” means the period for which the Equipment is hired by the Hirer as specified in the Booking Confirmation, being the period commencing on the delivery of the Equipment to the Site, being the Delivery Address as stated in the Booking Confirmation and expiring at the collection time as stated in the Booking Confirmation or Delivery Schedule
“Services” means the provision of labour by the Owner (its servants, agents or lawful contractors) including but not limited to labour for event management, Equipment delivery, set-up, operation, pack-down, collection and supervision.
“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
“Terms” means these Terms and Conditions which will always be advised to the Hirer upon installation at the Site
“Venue” means the place where the Equipment is to be used by the Hirer
“Wet Hire” means the hiring of the Equipment and the provision of persons to operate the Equipment and provide the Services in respect thereto.
2. BINDING CONTRACT
2.1. This Contract is entered into and will be binding on the Owner and the Hirer upon the Hirer’s acceptance of these Terms and Conditions. All Equipment is available as listed at the time the Hirer’s minimum 50% deposit of the Hire Fee is received by the Owner.
2.2. Until the Hirer has paid the 50% deposit of the Hire Fee, the Owner may at any time withdraw the Offer by email, telephone or text message
2.3. The Owner has no obligation to the Hirer to supply the Equipment named in the Booking Confirmation if the fee described in clause 2.1 and the Booking Confirmation has not been received
2.4. If there is any balance payable in respect of this Contract and the Hire Fee, it must be paid by the Hirer upon installation of all Equipment. The Owner reserves the right to cancel the Contract immediately if the Hirer fails to pay any outstanding amounts of the Hire Fee. The Owner also reserves the right to deny a refund of any deposits paid
3. TERMS OF PAYMENT
3.1. The Hirer will pay the Hire Fee to the Owner on the payment date as stated in the Booking Confirmation. The Owner at its discretion will provide a Tax Invoice to the Hirer for the Hire Fee following the Period of Hire. If payment in advance or COD is required, it must be noted in the Booking Confirmation. The hirer must also pay the GST as stated in the Tax Invoice when paying the Hire Fee to the Owner. If payment is not made by the payment date as set out in the Booking Confirmation, the Owner is not obliged to deliver the Equipment and may withhold delivery of the Equipment until such payment is received.
4. PERIOD OF HIRE
4.1. The Owner hereby agrees to rent to the Hirer the Equipment listed within the Booking Confirmation for the Period of Hire set out thereon.
5. THE EQUIPMENT
5.1. 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. The Hirer’s possession of the Equipment (upon delivery) will be as a bailee for the Period of Hire and thereafter at will.
5.2. 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. Unless otherwise stated, 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.
5.3. Any shortages or malfunctioning of the Equipment must be notified by the Hirer to the Owner immediately
5.4. Where the Contract pertains to a Dry Hire and the Hirer is in Effective Control of the Equipment, then the Hirer is a bailee of the Equipment. In additional 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 and follow the safety instructions presented by the Owner. The Hirer acknowledges the Owner or Owner’s Representative has presented the safety instructions upon delivery of the Equipment and confirms, accepts and agrees to adhere to all of the conditions. It is an essential prerequisite of all Dry Hire events that the Hirer supplies a permanent and allocated supervisor at all times
5.5. The Hirer shall keep the Equipment at the Venue, unless written permission has been obtained from the hirer to relocate the equipment elsewhere.
5.6. The Hirer will ensure that the Equipment is made available for collection to the Owner or Owner’s Representative at the conclusion of the Period of Hire. In the event the Owner or Owner’s Representative is unable to access the property at such time, an hourly fee of $100.00 (One Hundred dollars including GST) will automatically be charged to the customer until such time the Equipment is made available.
5.7. The Hirer shall permit the Owner or Owner’s Representatives to enter the Venue where the Equipment is located at all reasonable times in order to inspect Equipment or carry out repairs to the Equipment.
5.8. In the event that the Equipment is damaged in any way, lost or stolen prior to its collection, the Owner at its absolute discretion shall be entitled to charge the Hirer for
any repairs to the equipment or replacement value. Additionally loss of income is to be assessed and totalled to the before mentioned costs.
5.9. In the event that the Owner deems the Equipment to be of an excessively soiled nature, the Owner has the right to charge an additional cleaning fee equivalent to labor, cleaning and chemical charges
5.10. In the case of Equipment breakdown during the Period of Hire, it is the responsibilities of the Hirer to contact the Owner at the time of the breakdown by telephone. The Hirer may be required to leave a voice mail message. The Owner reserves the right to interview the Hirer via telephone conversation to determine what fault, if any, exists with the Equipment at that time and how the fault came to occur. The Owner reserves the right to lead the Hirer, by a telephone conversation through a process, using only portions of the equipment, used by the Hirer, in the normal operation of the Equipment, to attempt a repair. It shall be at the sole discretion of the Owner to call a service person to attend the location of the Equipment and effect any repairs if possible. The Owner shall not be required to supply a service person after 6.00pm.
6. DEFAULT EVENTS
6.1. The Hirer will be in default of the Contract if it breaches any of its obligations under this Contract or Safety Rules
6.2. 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 or Owner’s representatives as a results of the re-possession of the Equipment
6.3 The Hirer agrees to indemnify the Owner and all Owner’s Representatives 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. 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
7.1. The Owner gives no warranty express or implied in respect of the Equipment, its fitness for purpose or the condition thereof.
7.2. Where permitted by statue, the Owner’s liability for breach of any warranty is limited to:
(a) The supply to the Hirer of substituted equivalent equipment; or
(b) The payment of the costs of supplying to the Hirer substituted equivalent equipment; or
(c) The repayment to the Hirer of the Hire Fee.
8. LIMITATION OF LIABILITY
8.1. The liability of the Owner and Owner’s Representatives is limited as follows:
(a) The Owner is not liable to the Hirer for any loss or damage which the Hirer might sustain as a consequence of of the Hirer ordering the wrong Equipment of insufficient quantities of the Equipment or where the Equipment is hire for a purpose which is outside of the Equipment’s specifications.
(b) 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 if the Hirer has accepted the proposed delivery time and is not available at that proposed time
(c) The Owner will have no liability to the Hirer if it is the responsibility of the Hirer to prepare the Site for the Delivery and Installation of the Equipment or 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 o unsuitable
(d) 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.
8.2. Where it is the responsibility of the Hirer to ensure that the Site is safe and that the Fcilities are safe, then the Hirer indemnifies the Owner and the Owner’s Representatives against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or party 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.
8.3. The Hirer indemnifies the Owner against any claims or actions whatsoever made in respect to the Equipment or its use during this period regardless of Dry Hire or Wet Hire of the Equipment. This includes but is not limited to claims for injury or damage whilst the Equipment is in possession of the Hirer.
Your deposit provides a GUARANTEE that we will supply our product(s) to you on the day and times that you have requested and removes the product(s) from general availability.
As you can appreciate cancellations prevent other bookings therefore if a deposit is not paid by the required and agreed due date, we reserve the right to immediately cancel your booking.
The safety of both our team members and all patrons is always the most important facet of our business. Poor weather including heavy rain, strong winds, thunderstorms or other irregular weather events usually prevent us from installing inflatable equipment and WE WILL NOT under any circumstances install equipment where we do not deem it safe to do so.
Whilst light rain and showers usually do not pose too much of a problem and we continue with most bookings, it is entirely at our discretion as to whether or not we proceed in such instances.
Should your booking be cancelled on a day of harsh weather conditions, your deposit remains in credit and you have the option to rebook at a later date. There is no expiry date for your credit.