Hire Agreement: Terms and Conditions

In these conditions:

 a. The “Hirer” refers to the person, firm, or corporation hiring equipment from the Supplier.

 b.The “Equipment” refers to all goods and accessories supplied to the “Hirer”.

These conditions of hire apply to all hires by the Supplier to each Hirer unless the Hirer is otherwise notified in writing.

1. The hirer enters into a contract and agrees and accepts the terms and conditions from the date they make a booking with the supplier.
2. A non-refundable deposit of 20% is required to secure a quote. Further 40% mid-way prior to the event. Final 40% balance prior to the event.
3. Cancellations: Cancelled bookings outside of a 48 hour period from the event date incur a non-refundable charge of 50%. Bookings canceled 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 canceled outside of a 48 hour period of the event date and 100% inside a 48 hour period of the event date.
4. Payment & Security Terms: Payment in full will be required before the event. Payment may be made by Bank Deposit, Pay Cheque or Cash. If Bank Deposit, the “Hirer” must advise The Supplier of confirmation of the transfer receipt, prior to the “Equipment” being delivered. The Supplier may require a security deposit to be paid in addition to any Hire fees and may apply the deposit against any amounts payable by the              Hirer to The Owner or to be charged in the case that any equipment is lost, stolen, damaged, or requires cleaning.
5. The supplier reserves the right to change the prices/specials on the site at any time without notice.
6. Weather Conditions

     1.Supplier is not accountable for poor weather or adverse wind conditions, or the hirer’s impractical choice of setup          

        conditions, on the day of your booking.

     2.Due to Occupational Health & Safety requirement, the Supplier has the right to refuse to set up the equipment, if we deem 

         conditions to be dangerous or inappropriate, or may cause damage to our goods.

     3.The supplier will not refund any monies paid if cancellation occurs due to weather

     7. Marquee Structure

1. All of our weights and stakes are clearly visible with fluorescent straps, if any of these become loose or are tampered with, please inform the Supplier straight away.

2. The Supplier monitors wind forecast daily and if gusting winds which exceed those set out in our wind management plan are predicted we will endeavor to contact the hirer and give advice on action to be taken. Hirers will be liable for the full hire fee in the event of a late cancellation due to weather. Hirers must be aware of this possibility, especially during the winter months.

3. When the marquee has been erected and all exits or openings agreed, this should not be altered or tampered with in any way as this may render the structure unsafe. If the marquee becomes unsafe due to tampering the hirer will be responsible for any damages or injuries.

     8. The supplier reserves the right to refuse to setup/install the goods if it is deemed, by the person authorized to setup/deliver the goods, unsafe or too difficult to set up/install the goods at the time of delivery/setup, or if it is deemed that damage may occur to the goods as determined at the time of delivery/setup. For example severe wind conditions at the time of delivery/setup. This decision will be at the discretion of the Supplier and/or its employees or authorized delivery persons, at the time of delivery.

     9. No warranty is provided by the Supplier for the equipment’s fitness for any particular use. In the event of adverse weather conditions, we take no responsibility if the equipment cannot be used. In the event that weather damages our equipment, the Hirer will be responsible for any damages or losses.

    10. Site Approval

The Hirer shall be responsible for giving any local or other authorities any necessary notice of their intention to erect the Equipment or to have Equipment erected and shall pay all fees in connection therewith. The Hirer shall solely be responsible to ensure that the site is cleared and ready for the erection of the Equipment and that the foundations upon which the Equipment is to be erected are sufficiently firm and otherwise suitable to safely carry the Equipment and the load to be put on it without subsidence. In the event that the Supplier incurs or suffers any loss, costs, or damages as a consequence of the Hirer’s failure to carry out its obligations under these terms the Hirer shall be solely responsible and shall indemnify the Supplier for any such loss, costs or damages.

    11.Damage

    a. The Hirer is responsible for the equipment from the time of delivery until collection by the Supplier and shall pay for all equipment damage or loss however caused during that period.

   b.Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of equipment;

   c.Damage due to the mysterious disappearance of the equipment;

   d.Damage caused by the use or operation of equipment in contravention of any of the conditions of the agreement;

   e.Damage to, or loss of, the Equipment from any unknown cause.

   f.Cigarette burns on any furniture or fabric.

  12. The Hirer shall not remove the Goods, or any part thereof, from the situation and position of its installation without consent from Supplier. If the Hirer removes or alters the position of the goods, the Supplier will not be responsible for any failure of the goods, or damage, or injury, whatsoever, caused by repositioning or reinstallation by the hirer, or any third parties during the duration of the hire.

  13. The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Supplier and its equipment against all claims, loss or damage of whatever nature or type.

  14. The Hirer agrees that the equipment is to be used at the Hirer’s sole risk and that the Supplier will be in no way liable for any injury, loss, or damage whatsoever that may be caused by the equipment to any persons or property. The Hirer agrees to indemnify the Supplier in the event that any claim is brought for injury, loss, or damage by any party or parties. This indemnity will be given even if the injury, loss or damage is the subject of such claim as a result of the negligence of Supplier or its agents or employees, or workers responsible for delivery/pickup and setup.

15. Any person signing the documents for and on behalf of the Hirer hereby covenants with the Supplier that he or she 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 Supplier against all losses and cost incurred by the Supplier arising out of the person signing this agreement failing to have such power and/or authority. Where the Hirer is more than one person liability shall be joint.

  16. By making a booking through confirming a quote via signature, deposit payment, or remittance of funds, the hirer acknowledges and agrees to the Supplier’s Terms and Conditions.

  17. Any changes to this contract must be written and signed by both Hirer and Supplier. Oral agreements are non-binding.

  18. Governing Laws and Venue

This Contract will be governed and constructed in accordance with the laws of the state of Victoria, the parties submit to the jurisdiction of the Courts of that state for determination of any dispute claim or demand arising out of these Terms & Conditions.

Any changes to this contract must be written and signed by both Hirer and Supplier. Oral agreements are non-binding.