Terms of Hire

The not so fine print
  1.          AGREEMENT

This Booking Agreement (Agreement) is comprised of the terms set out in the Booking Details and these Terms and Conditions. To the extent that there are any inconsistencies between the Booking Details and these Terms and Conditions, the terms set out in the Booking Details will prevail.

  1.         DEFINITIONS

In this Agreement:

(a)        Capitalised terms appearing in bold in the Booking Details have the meanings given to them in the Booking Details. 

(b)        Company means South Coast Party Hire Pty Ltd (ABN 77 164 247 483).

(c)        Collection Fee means the amount, if any, set out in the Booking Details.

(d)        Delivery Fee means the amount, if any, set out in the Booking Details.

(e)        Installation Fee means the amount, if any, set out in the Booking Details.

(f)         Remaining Amount means the Total Amount as specified in the Booking Details less the amount of the Deposit.

(g)        Site Visit Report means the report completed by the Company following an inspection of the Site.

(h)        Total Amount means the amount specified in the Booking Details as may be amended as specified in a Site Visit Report.

(i)          Tax Invoice means the tax invoice contained in the Booking Details.

  1.         HIRE OF EQUIPMENT

(a)        The Company agrees to hire to the Customer, and the Customer agrees to hire from the Company, the Equipment for the Hire Period on the terms set out in this Agreement.

(b)        The Customer agrees that in hiring the Equipment:

(i)         the Equipment remains the Company’s property at all times;

(ii)        the Customer bears the risk of any loss of, or damage to, the Equipment from the time it leaves the possession of the Company until it returns into the possession of the Company;

(iii)       the Customer’s interest in the Equipment is as a bailee only and it agrees not to part with possession of, dispose of, encumber or assign any right or interest in the Equipment and not create any lien on the Equipment.

  1.         PAYMENT TERMS

4.1       Deposit

The Customer must pay the Deposit within 7 days of being issued with this Agreement. This Agreement will not become binding on the parties unless and until the Deposit is paid within 7 days. If the Deposit is not paid within 7 days, the Company will have no obligations under this Agreement and the Equipment will not be reserved for the Customer. The Company will determine, in its sole discretion, whether to accept payment of the Deposit at a later date and if it does, this Agreement will not become binding on the Company unless and until it confirms to the Customer that it has accepted the Deposit.

4.2       Full payment

The Customer must pay the Remaining Amount no later than 4 weeks before the Hire Start Date.

4.3       Security and Bond

The Customer must ensure that the Equipment is returned to the Company in the same condition in which it was provided (fair wear and tear excepted) and in a clean condition in accordance with any cleaning instructions provided to the Customer. The Company may, in its sole discretion, require the Customer to pay a Bond and/or provide its credit card details to the Company to hold as security. The Customer authorises the Company to use the credit card details to charge the Customer or deduct from the Bond the following amounts in the following circumstances:

(a)        if any of the Equipment is not returned – an amount equal to its full replacement value;

(b)        if any of the Equipment is returned damaged or unclean and the Company reasonably determines that it is not able to be cleaned or repaired to its previous condition – an amount equal to its full replacement value;

(c)        if any of the Equipment is returned in an unclean or damaged state and the Company reasonably determines that it is able to be cleaned or repaired to its previous condition – an amount equal to the full cost of such cleaning or repairs.

  1.         CANCELLATION OR VARIATION

(a)        The Customer agrees that the Deposit is non-refundable and will be forfeited if the booking is cancelled by the Customer for any reason. If the booking is cancelled by the Company, the Deposit will be refunded in full.

(b)        The Customer agrees that if it cancels the booking:

(i)         between 2 – 4 weeks prior to the Event Date, 50% of the Total Amount will be payable;

(ii)        between 1 – 2 weeks prior to the Event Date, 75% of the Total Amount will be payable; and

(iii)       less than 1 week prior to the Event Date, 100% of the Total Amount will be payable.

(c)        If the booking is cancelled by the Customer, the Company may, in its sole discretion, allow the Deposit to be applied towards the hire of other equipment by the Customer from the Company, provided that:

(i)         the new event is no later than 6 months after the original Event Date and a mutually agreeable date can be agreed for the new event by the Customer and the Company; and

(ii)        the Total Amount payable for the new event is no less than the Total Amount that would have been payable for the cancelled event; and

(iii)       the Customer agrees to pay any increase in the Total Amount which may apply in respect of the new event.

(d)        The Customer may request a variation of the Equipment no later than 1 week prior to the Event Date. Any variation must not result in a reduction of more than 10% of the Total Amount and therefore the Customer agrees to pay 90% of the Total Amount regardless of the reduction in the Equipment requested. If the Company is able to comply with and accepts the requested variation, it will issue a new Booking Agreement to the Customer. If the Company is unable to comply with, or does not accept the variation, acting reasonably, then the Customer may elect to continue with this Agreement or cancel the entire booking in which case, the provisions of this clause 5 will apply.

  1.         SITE INSPECTION

(a)        The Company reserves the right to visit and conduct an inspection of the Site prior to the Hire Start Date and in any event, will do so if the Equipment includes a marquee.

(b)        The Company will arrange with the Customer a date and time to inspect the Site. The Customer must ensure that the Company has unrestricted access to the Site on the agreed date and time in order to conduct the inspection. The Customer will not be charged if the Company is required to conduct one inspection of the Site unless the provisions in clause 6(d) apply. If:

(i)         the Company cannot gain access to the Site on the agreed date and time; and/or

(ii)        the Customer makes any variation to the Equipment or other details of the booking after the initial inspection of the Site has been conducted and a further inspection of the Site is required, the Company will charge the Customer for the reasonable costs of undertaking each additional inspection of the Site and preparing each additional Site Visit Report. 

(c)        Following the inspection of the Site, the Company will provide the Customer with a Site Visit Report which will set out any issues associated with the Site that will affect the delivery and/or installation of any Equipment and which may identify that:

(i)         changes will be required at or to the Site as identified in the Site Visit Report in order to properly deliver, access and/or install the Equipment at the Site – in that case, the Customer agrees to ensure that those changes are properly made prior to the Hire Start Date (unless it notifies the Company in writing that it does not wish to proceed with the booking within 7 days of the date of issue of the Site Visit Report);

(ii)        additional costs will apply in order to properly deliver, access and/or install the Equipment at the Site resulting in a change to the Total Amount in order to proceed with the booking – in that case the Customer agrees to pay those additional costs and the revised Total Amount (unless it notifies the Company in writing that it does not wish to proceed with the booking within 7 days of the date of issue of the Site Visit Report); or

(iii)       the Company cannot proceed with the booking as a result of conditions at the Site – in that case the Company will notify the Customer that it cannot proceed with the booking.

(d)        If the Customer notifies the Company in writing that it does not wish to proceed with the booking in accordance with clauses 6(c)(i) or (c)(ii), this Agreement will automatically terminate and the Customer will forfeit the Deposit. If the Company notifies the Customer that it cannot proceed with the booking under clause 6(c)(iii), this Agreement will automatically terminate and the Company will refund the Deposit to the Customer (less its reasonable costs of undertaking the inspection of the Site and preparing the Site Visit Report).

(e)        If, in the circumstances set out in clause 6(c)(i), the Customer proceeds with the booking however the Company finds that it cannot properly deliver, access and/or install the Equipment at the Site as the changes required as identified in the Site Report have not been made at or to the Site, the Customer will be required to pay the Total Amount in full. The Company will not be responsible for any loss that the Customer incurs if the Equipment is not able to be delivered or installed due to a failure of the Customer to address the issues set out in the Site Visit Report.

  1.         DELIVERY, INSTALLATION AND COLLECTION

7.1       Delivery

(a)        If the Booking Details include a Delivery Fee, then subject to receipt of the Delivery Fee, the Company will deliver the Equipment to the Site on the Hire Start Date at a time to be specified by the Company in advance.  

(b)        The Company will use its best endeavours to deliver the Equipment at the specified time on the Hire Start Date but will not be liable to the Customer for a late delivery or non-delivery or any associated loss or damage it suffers or incurs arising therefrom due to any event or circumstance outside of the Company’s control.

(c)        If the Company is not able to access the Site and/or deliver the Equipment at the specified time on the Hire Start Date for any reason within the Customer’s reasonable control, the Customer will be charged:

(i)         a waiting fee of $75 per hour per staff member for each hour or part thereof that each staff member has to wait after the specified time, if access to the Site and/or ability to deliver the Equipment can be provided within a reasonable period of time on the same day; or

(ii)        an additional fee to reattempt delivery of the Equipment at a later agreed time, if access to the Site and/or ability to deliver the Equipment cannot be provided until a later time on the same day (which the Company determines is an unreasonable period to wait) or on another day – the additional fee may be greater than the original delivery fee due to the requirement for a special vehicle run and additional staff.

(d)        If the Booking Details do not include a Delivery Fee, then the Customer will be responsible for the collection of the Equipment from the Company’s warehouse at 5 Casuarina Street Oak Flats NSW 2529 on the Hire Start Date at a time to be specified by the Company in advance. The warehouse is not open on weekends or public holidays and is otherwise open Monday to Friday from 8.30am – 3.00pm for collections. The Company will not be liable for any loss of damage suffered or incurred by the Customer due to its failure to collect the Equipment at the specified time on the Hire Start Date.

(e)        Delivery days and times are  Friday and Monday between 8.00am and 2.00pm, unless otherwise agreed. If the Customer requires the Equipment to be delivered on other days and times, an additional fee will apply.

7.2       Installation

(a)        If the Booking Details include an Installation Fee, then subject to receipt of the Installation Fee, the Company will install the Equipment at the Site on the Hire Start Date.

(b)        If the Booking Details do not include an Installation Fee, then the Customer will be responsible for the installation of the Equipment at the Site. The Company will not be liable for any loss of damage suffered or incurred by the Customer due to its inability to install and/or use the Equipment at the Site.

7.3       Collection

(a)        If the Booking Details include a Collection Fee, then subject to receipt of the Collection Fee, the Company will collect the Equipment from the Site on the Hire End Date.

(b)        The Customer must ensure that the Equipment is able to be collected by the Company on the Hire End Date in the same place as it was delivered.

(c)        If the Company is not able to collect the Equipment and/or access the Site on the Hire End Date for any reason within the Customer’s reasonable control, the Customer must pay:

(i)         a waiting fee of $75 per hour per staff member for each hour or part thereof that each staff member has to wait for access to be provided to the equipment; or

(ii)        an additional fee to reattempt collection of the Equipment at a later agreed time, if access to the Site and/or ability to collect the Equipment cannot be provided until a later time on the same day (which the Company determines is an unreasonable period to wait) or on another day; and

(iii)       a continuing hire fee (calculated on a pro rata basis having regard to the cost for the hire of the Equipment specified in the Booking Details) for each day after the Hire End Date until and including the date on which the Equipment is able to be collected.

(d)        If the Booking Details do not include a Collection Fee, then the Customer will be responsible for the returning the Equipment to the Company’s warehouse at 5 Casuarina Street Oak Flats NSW 2529 on the Hire End Date at a time to be specified by the Company in advance. The warehouse is not open on weekends or public holidays and is otherwise open Monday to Friday from 8.30am – 3.00pm for returns. If the Customer does not return the Equipment at the specified time on the Hire End Date, the Customer must pay a continuing hire fee (calculated on a pro rata basis having regard to the cost for the hire of the Equipment specified in the Booking Details) for each day after the Hire End Date until and including the date on which the Equipment is returned to the Company.

(e)        The Customer agrees that no refunds will be provided if the Equipment is not used or is returned by the Customer prior to the Hire End Date.

(f)         The hire of all Equipment is based on a one day Event Date unless the Booking Details specify that the Event Date is more than one day. The Equipment will generally be collected on the day following the Event Date or the next business day whichever the Company chooses.

(g)        Collection days and times are Friday and Monday between 8.00am and 2.00pm, unless otherwise agreed. If the Customer requires the Equipment to be collected on other days and times, an additional fee will apply.

7.4       Site Conditions

Where the Booking Details include a Delivery Fee, Installation Fee and/or Collection Fee, the cost is based on the conditions specified below and the Customer must ensure that:

(a)        the Company has sealed road street level access to the Site;

(b)        the Company has easy and close access (being within 10 metres) from the delivery vehicle to the actual delivery and/or collection point on the Site;

(c)        the Site is cleared and ready for the installation of the Equipment;

(d)        the terrain of the Site is not hazardous, boggy, uneven, steep or otherwise of such a nature as to hinder mobility or make access difficult;

(e)        the ground and surface upon which the Equipment is to be installed is of suitable and firm foundation to hold and/or attach the Equipment and is penetrable by pegs up to 1.2 metres in length without any rock or underground pipes, cables, wires or other structures being penetrated;

(f)         the Site conditions will not damage or cause harm to the Equipment once installed; and

(g)        it obtains any permits, consents or approvals required for the installation of the Equipment at the Site,and the Company reserves the right not to install the Equipment if any of the conditions listed above are not satisfied. In such an event, the Customer agrees that additional charges will apply if the Site is not provided in accordance with the conditions listed above. The Company will not be liable for any loss of damage suffered or incurred by the Customer due to its inability to install and/or use the Equipment at the Site due to the Site not complying with the above conditions.

  1.         USE OF EQUIPMENT

The Customer agrees that, at all times during the Hire Period, it must:

(a)        satisfy itself as to the suitability, condition, quality and fitness of the Equipment for the Customer’s needs and purposes;

(b)        keep the Equipment clean and maintain the Equipment in good condition (fair wear and tear excepted);

(c)        comply with any instructions relating to the use and care of the Equipment and/or the return of the Equipment as provided by the Company to the Customer;

(d)        protect and securely store the Equipment to prevent it from loss, theft, seizure, destruction and damage;

(e)        notify the Company promptly if the Equipment breaks down, becomes unsafe to use or is otherwise lost, stolen, destroyed or damaged in any way;

(f)         ensure that the Equipment, with the exception of marquee structures and flooring, if any, is securely stored and protected from the weather;

(g)        provide overnight security for any Equipment that is to be stored overnight in any area other than a private properly fenced residential dwelling;;

(h)        review all directions for use and safety precautions prior to using the Equipment and only use the Equipment for its intended purposes and in accordance with any such directions and safety instructions;

(i)          not alter, modify, uninstall, tamper with, or deface the Equipment;

(j)          not remove the Equipment from the Site;

(k)        ensure the Equipment is not affixed to any real or personal property; and

(l)          not use the Equipment for any illegal purpose.

  1.         LIMITATION OF LIABILITY AND INDEMNITY

(a)        The Customer agrees to indemnify and reimburse the Company for all reasonable costs and expenses (including legal costs) incurred by the Company as a result of: (i) any breach by the Customer of this Agreement; and/or (ii) repossessing the Equipment from the Customer in the event it is not made available for collection or returned in accordance with the terms of this Agreement; and/or (iii) the Equipment being lost, stolen, seized, destroyed, damaged, unclean or being returned late. This indemnity will continue in effect after the expiry of the Hire Period until all Equipment is returned to the Company in accordance with the terms of this Agreement.

(b)        To the fullest extent permitted by law, the Company excludes any liability for any loss or damage suffered or incurred by the Customer arising out of a breach by the Customer of this Agreement, the misuse of the Equipment, overloading of the Equipment, using the Equipment contrary to the directions or the safety instructions or exceeding the rated capacity of the Equipment.

  1.       GENERAL

10.1    Insurance: While the Equipment is in the possession or under the control of the Customer, the Customer must, at its own cost and expense, effect and maintain, and on request produce to the Company evidence of, insurance cover in respect of the Equipment for its full replacement value.

10.2    GST: The Customer agrees to pay GST and any other applicable taxes, duties, levies, penalties and any other government charges imposed in respect of this Agreement or anything provided pursuant to this Agreement.

10.3    Severability: If any provision or part of this Agreement is held to be invalid, unenforceable or illegal for any reason, then that provision or part will be deemed to be severed from this Agreement and the remaining provisions or parts will remain in full force.

10.4    Waiver: Any delay by the Company in exercising any right or power is not to operate as a waiver of that right or power and a single or partial exercise of any right or power does not preclude any other or further exercise of that right or power.

10.5    Governing law: This Agreement shall be governed by and construed in accordance with the laws for the time being in force in the state of New South Wales, Australia.