Terms & Conditions Of Hire

Shoalhaven Event & Party Hire – Conditions Of Hire

These conditions of Hire apply to all hires by the Company to each Customer unless the Customer is otherwise notified in writing.

Use Of Terms

“The Company”  means Shoalhaven Party Hire Pty Ltd ABN 77 117 065 782.

“The Customer” means the person or persons to whom the Tax Invoice is addressed and includes their legal representative, administrators and successors and or appointed assignee’s.

“Equipment”  means the items hired by the Customer from the Company from time to time.

“The Event” is interpreted as the commencement date of any initial deliveries, continuing through until the collection date of all items. Where the Customer is collecting the Equipment from the premises of the Company, the Event will be deemed as the agreed items. Where the Customer is collecting the Equipment from the premises of the Company, the Event will be deemed as the agreed date.

 

2. QUOTATION

Unless stated elsewhere in writing any Company quotation is valid for a period of up to 7 days from the date of issue, after which time acceptance of any order placed is subject to written confirmation. Acceptance of the quote is subject to written confirmation, payment of deposit and the Company’s Terms of Conditions of Hire signed by an authorised person on behalf of the Customer. On commencement of hire without the Customer’s written confirmation it shall be deemed that the Customer agrees to and accepts the Terms and Conditions of Hire.

 

3. DEPOSIT

A deposit of 20% is required to secure a quote. Upon payment the Customer will be deemed to have accepted the Terms and Conditions of Hire.

 

4. PAYMENT TERMS; Please be aware that we have a “no refund” Policy.

Final payment is due 5 days prior to the delivery date. The Company reserves the right to charge interest up to 10% per month on overdue accounts. Should payment in full not be paid within 60 days, legal action will be taken to recover the debt owing without further notice and all credit facilities will be closed. Any expenses, costs or disbursements incurred by the Company in recurring any outstanding monies including dishonored cheques, debt collection agency fees and solicitor’s costs shall be paid by the Customer.

 

5. CANCELLATION AND AMENDMENT OF ORDERS

The Company makes no guarantee that Equipment will be available to meet every order, availability of Equipment is subject to the timing of that order. The Company reserves the right to cancel any booking within 24 hours to the Customer if required. Please note; that we consider the Delivery date to be the “DATE” of interest not the Function date as we deliver, prior to the function date in most instances. In the event of cancellation by the Customer; WE HAVE A NO REFUND POLICY.  Please choose all Hire items thoughtfully as we do have a No Refund Policy.

 

6. USE OF HIRE EQUIPMENT

 

      • i) All Equipment supplied on Hire is the property of the Company and remains so until returned by the Customer.
      • ii) The Customer will be responsible for the Equipment until it is returned to the Company.
      • iii) The Customer will maintain the Equipment in good condition, reasonable wear and tear excepted.
      • iv) The Customer warrants that the Equipment will be returned in good working order to the Company.
      • v) The Company makes no representation as to the suitability of the Equipment for a particular need or Event.  It is the Customer’s responsibility to make that judgement on its own behalf.

 

7. EXTENDED HIRE

The Customer must return all Equipment when it is due back. A continuing hire fee for all Equipment not returned to the Company when it is due back will be charged to the Customer, at the standard weekly rate of Hire, until the Equipment has been returned to the Company.

 

8. MISUSE OF EQUIPMENT

The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof.

 

9. DAMAGE WAIVER (NON REFUNDABLE)

The damage waiver is a non-refundable fee of 5% of the total cost. Where appropriate a damage waiver will be charged. If any equipment is not returned in good condition, reasonable wear and tear accepted, the Customer shall be responsible for all losses incurred at the full new replacement cost, including but not limited to any breakages, thefts, damage to goods and containers. Charges will apply for any damaged or discarded containers.

 

10. CLEANING

All items must be returned clean by the Customer. A cleaning fee will be charged on goods and/or containers that are returned in a
soiled condition.

 

11. DELIVERY

When agreed between the Company and the Customer that Equipment is to be delivered to an address specified by the Customer, the same shall be available to be picked up at the specified date at the address on the last day of the Hire period. Where the Customer has taken delivery at the premises of the Company all Equipment hired shall be returned to those premises by the time arranged on the last day of the Hire period. In the event that the Equipment is not available to be picked up at the arranged time on the last day of Hire, or has not been returned to the premises of the Company by close of business on the last day of Hire, then the Company must be notified immediately.

 

12. TRANSPORTATION OF GOODS

All Equipment, with the exception of pavilion and tarpaulins, will be stored, transported and used under cover and protected from the weather, unless with prior consent by the Company.

 

13. SITE ACCESS

The Customer shall ensure that access to and egress from the site is adequate to suit the mode of deliver or pick up.

 

14. ACCEPTING DELIVERY

The Customer shall be responsible at their own cost for providing a representative to check the quantity and identity of equipment delivered and to initial the Company Invoice. The Customer acknowledges and agrees that the Company shall be able to deliver the Equipment, whether or not a representative is present at time of delivery.

 

15. ERECTION OF STRUCTURE. PLACEMENT OF MARQUEES.

Placement of all marquees on site is the responsibility of the Customer. It is the Customers responsibility to arrange all Dial and Dig searches not the Companies and any liability in relation to Property Damage or Financial loss, falls with the customer. The Customer indemnifies the Company from any costs regarding underground damage in situations which may occur from the erection of the Equipment and or the placement of containers on any property, by either the Company or the Customer.

 

16. SECURITY

Protection and safety of the Equipment hired is the responsibility of the Customer, while the goods and containers are in the Customer’s care. In the event of the Equipment being stolen from the Event site, the Customer must shall notify the Company in writing stating the full circumstances of the theft and the time/date the police were notified. Until the Company receives such notification, the Hire charges will continue. The Customer shall also indemnify the Customer for any such loss of the Equipment at current replacement cost of the Equipment, and must pay that cost to the Company on demand.

 

17. INSURANCE

The Customer must ensure that all Equipment is adequately insured under their own All Risks Insurance Policy. A copy should be available to the Company on request. The Company will not insure any of the Equipment.

 

18. PERSONAL LIABILITY

The Customer indemnifies the Company in respect of their liability for personal injuries, property damage any associated legal expenses, out of an accident which may be caused by the Equipment during the Hire Period.

 

19. ELECTRICAL DAMAGE

Any damage to the Equipment caused by fusion or malfunction of electrical equipment is the Customer’s liability and the Customer must take adequate precautions. The Customer will be charged for any repairs to the damaged Equipment.

 

20. SAFETY

The Company adheres to the law of the relevant Occupational Health & Safety Acts for NSW. The Customer shall ensure adequate safety measures are adopted when necessary.

 

21. GOODS & SERVICES TAX

Where applicable the Customer will be charged in accordance with current Federal and State legislation.

 

22. GOVERNING LAWS AND VENUE

This Contract will be governed and constructed in accordance with the laws of the state of NSW, 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 and Conditions.