Terms and Conditions
(a) The “Owner” is A Plus Events and Hire
(b) The “Hirer” refers to the person, firm or corporation hiring equipment from the Owner (c) The “Equipment” means all the equipment and accessories supplied to the Hirer
(d) “Terms” means these Terms and Conditions of Hire
- CONDITIONS OF HIRE
(a) Hire terms are based on a 24 hour hire period unless otherwise specified. Any extension of the period must be agreed to by A Plus Events and Hire or charges may apply.
Hire Period is based on 24 hour period unless otherwise agreed upon.
(b) The hirer shall not remove the Hire equipment or any part thereof from the situation and position of its installation without consent from the owner.
(c) The hirer acknowledges that he/she has received adequate instruction on the correct use of the equipment, which includes demonstration or verbal or written instructions.
(d) The hirer agrees not to use the equipment at locations or purposes different to the equipment’s general designated purpose and specified suitability (such as indoor versus outdoor use). The hirer further agrees that it will not abuse, misuse or damage the Hire equipment.
(e) The hirer acknowledges responsibility for the equipment and is liable for any damage. (f) The hirer agrees not to allow the equipment to be used for any illegal purpose and not to use the equipment if it becomes damaged or unsafe;
(a) The hirer agrees to pay A Plus Events and Hire the hire fee specified for the equipment for the hire period including any applicable GST, stamp duties, penalties, levies or freight and other charges relevant to this agreement.
(b) The required fees must be paid to A Plus Events and Hire 1 month prior to the commencement date of the hire period, unless otherwise agreed.
(c) Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.
(d) Payment for hire of goods must be made by; (i) 25% of the agreed hire price upon confirmation of order; and (ii) the balance of the agreed hire price made 1 month prior to delivery of the goods. Payment must be made by credit card, bank transfer or cash.
(e) The Owner requires credit card security details at the time of order placement. An order will not be confirmed until and unless credit card security detail is endorsed and supplied to the Owner.
(f) All orders placed less than 4 weeks from delivery require full payment to confirm the booking. (g) All prices on the A Plus Events and Hire website are in Australian Dollars (AUD).
(e) The hirer warrants that it has the authority to use any credit card provided as security and authorises the owner to charge the credit card provided by the hirer in respect of all fees and amounts payable under this agreement.
The Hirer may cancel an order but may forfeit any hire fees paid as follows:
(a) If booking is cancelled 4 weeks before the event date, A Plus Events and Hire will make a refund of any hire fees paid on top of & excluding the non-refundable deposit paid;
(b) Bookings cancelled or item quantities reduced within 4 weeks of the event date will forfeit 100% of the total hire fee.
- DELIVERY & COLLECTION
(a) The goods shall be returned in a reasonably clean, but not necessarily sterile state or a cleaning fee may apply.
(b) The Hirer must allow any A Plus Events and Hire representative access to the goods at all reasonable times. (c) The Hirer must provide safe and proper access to and at the event site.
(d) The Hirer is liable for all injury, loss or damage suffered by A Plus Events and Hire, its employees or agents while at the event site.
(e) Prices quoted are for delivery on street level. Extra charges shall be payable for delivery to and removal from higher or lower levels.
(f ) stated how/where delivery etc..
(a) The Hirer is responsible for the equipment from the time of delivery until collection by the Owner and shall pay for all equipment damage or loss however caused during that period. Damage waiver is payable by the Hirer to cover all costs associated with normal wear and tear to the equipment hired, the waiver does not apply to any other damage including:
(i) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of equipment;
(ii) Damage due to mysterious disappearance of the equipment;
(iii) Damage caused by the use or operation of equipment in contravention of any of the conditions of the agreement;
(iv) Damage to, or loss of, the equipment from any unknown cause.
(v) Cigarette burns on any furniture or décor items.
(vi) Red wine spillages on any furniture or décor items.
(b) The Hirer shall protect the equipment from the elements during the time of delivery, use, storage or waiting period before pick-up.
(c) The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Owner and its equipment against all claims, loss or damage of whatever nature or type.
(d) The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the equipment hereby hired and the Hirer indemnifies the Owner in respect to any claims for such loss or damage.
(e) Any person signing the documents for and on behalf of the Hirer hereby covenants with the Owner 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 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. (f) Where the Hirer is more than one person liability shall be joint.
(g) By making a booking through confirming a quote via signature, deposit payment or remittance of funds, the hirer acknowledges and agrees to the Owners Terms and Conditions.
(h) In the case of the equipment being damaged, the hirer may have the opportunity to purchase the damaged equipment.
- RELEASE AND INDEMNITY
The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or the Hirer’s breach of any of these terms. 8. FORCE MAJEURE
For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither A Plus Events and Hire nor the Hirer will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. A Plus Events and Hire may give written notice to the Hirer, giving full particulars of such Force Majeure.
A Plus Events and Hire 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 any delays caused by such Force Majeure events.
(a)The hirer agrees to ensure that any site specified on the hire agreement, will be clear of all obstructions to allow A Plus Events and Hire to erect, install or place the hire equipment safely. These terms and conditions are governed by the Laws of Western Australia and the Hirer and the Owner submit to the jurisdiction of the courts of the State.
(b) If any of the Terms becomes void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. Failure by the Owner to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Owner may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms.
These terms and conditions are governed by the Laws of Western Australia and the Hirer and the Owner submit to the jurisdiction of the courts of that State.
- POSSESSION & OWNERSHIP OF EQUIPMENT
(a) The Hirer agrees that the Hirer is only entitled to retain possession of the Equipment: (i) until the expiry of the hire period (as specified in clause 2(a) of the Terms) or any extension to the hire period agreed to by the Owner; or
(ii) until such time as the Owner terminates the Hire under clause 11(b) of the Terms. (b) The Owner and the Hirer agree that this is a hiring agreement only and does not constitute or give rise to any sale agreement; hire purchase agreement; or lease agreement of Equipment to the Hirer. The relationship between the Owner and the Hirer is limited to a relationship of owner and bailee in respect of the Equipment for the period of hire and the Hirer acknowledges that the Owner is and remains the sole exclusive owner of the Equipment.
(c) The Owner may terminate the Terms and Hire and repossess the Equipment without notice to the hirer if the Owner suspects the Hirer has breached any of the Terms, if there is a default or dispute as to payment, or if the Owner believes it is likely that damage or injury may occur to the Equipment.
- ECLUSION OF LIABILITY
(a) Non-Excludable Rights
The Owner and Hirer acknowledge that, under Australian Consumer Law (Commonwealth and State), certain conditions and warranties may be implied in this agreement and there are rights and remedies conferred on the Hirer in relation to the provision of the equipment and services which cannot be excluded, restricted or modified by these Terms (“Non-excludable Rights”).
(b) Disclaimer of Liability
The Owner disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Hirer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-Excludable Rights. To the extent permitted by law, the liability of the Owner for a breach of a Non-Excludable Right will be limited, to the lesser of: (i) such amount as is recoverable pursuant to the Owner’s insurance policies, if any; (ii) the supply of the equipment and/or any services again; or (iii) payment of the cost of having the equipment and/or services supplied or replaced.
(c) Indirect Loss
Notwithstanding any other provision of these Terms, the Owner is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Hirer for: (i) any increased costs or expenses; (ii) any loss of profit, revenue, business, contracts or anticipated savings; (iii) any loss expense resulting from a claim by a third party; or, (iv) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Owner’s failure to complete or delay in delivering the equipment.
- ACCEPTANCE OF TERMS & CONDITIONS
The Hirer agrees to comply and accept these Terms and Conditions upon payment of booking deposit.