Please find below our terms and conditions of hire. It is your responsibility when hiring from Impact Party Hire to be familiar with the below terms.
1. DEFINITIONS
1.1 In these Terms and Conditions of Hire the following terms have the following meanings:
1.1.1 ‘Claims’ means any claim, legal action or liability for damages or compensation; liability to pay any fine or penalty; expenses, including repair and legal costs; consequential losses; and injury, including personal injury and death;
1.1.2 ‘Order means the order to hire the Equipment, constituted by the Booking Confirmation Email, Invoice, these Terms and Conditions, any Special Terms and such other documents or written communications which evidence the agreement between the Owner and the Hirer;
1.1.3 ‘Equipment’ means all properties which the Owner agrees to hire to the Hirer;
1.1.4 ‘Hire Period’ means the period for which the Equipment is hired, as shown on the Booking Confirmation email or subsequently agreed between the Owner and Hirer;
1.1.5 ‘Hirer’ means the person, persons or company to whom the Order is addressed and includes their legal representative, administrators, successors and/or permitted assignees;
1.1.6 ‘Owner’ means Impact Party Hire and includes its servants or Agents;
1.1.7 ‘Period of Hire’ means the period of time from the commencement date shown on the Booking Confirmation Email or the time the equipment is delivered to the Hirer whichever is the latter until the date when the Equipment is scheduled to be returned to the Owner
1.1.8 ‘Price’ means the price for hiring the Equipment, as shown on the Order or subsequently agreed between the Owner and Hirer;
1.1.9 ‘Site’ means the premises the Hirer specifies as the delivery address for the Equipment as displayed on Booking Confirmation and Invoice.
1.1.10 ‘Special Terms’ means any terms (other than these Terms) which are specified in the Order, or subsequently agreed in writing between the Owner and Hirer; and
1.1.11 ‘Terms’ means these terms.
2. QUOTATION
2.1 Unless otherwise stated in writing the Owner’s quotation will be valid for a period of up to seven days from the date of issue.
3. HIRING COST
3.1 The Hirer must pay to the Owner the cost of hiring the Equipment as well as all costs incurred by the Owner (including labour costs):
3.1.1 for delivery and pick-up of the Equipment, including any additional costs for delivery or pick-up to other than street level;
3.1.2 for providing any service to the Hirer outside of ordinary trading hours;
3.1.3 if the Site is not adequately prepared for delivery and/or installation of the Equipment;
3.1.4 if the Owner cannot obtain access to the Site;
3.1.5 arising from a variation to the Order;
3.1.6 arising from a failure of the Hirer or their representative to be in attendance on the agreed date for delivery or collection of the Equipment;
3.1.7 in cleaning the Equipment where it has been returned in an unclean state;
3.1.8 in enforcing any provision of the Order against the Hirer; and
3.1.9 for replacement of any Equipment not returned by the Hirer or available for collection by the Owner at the end of the Hire Period, or at the Owner’s election 100% of the daily rate applicable under the Order for each day or part thereof that the Equipment remains unreturned.
4. BOOKING – THE ORDER
4.1 Acceptance of the quotation is subject to payment of a non-refundable deposit by Direct Deposit, credit card via PayPal or Cash. The booking fee will be 25% of the invoiced amount. This must be paid within 24 hours of receiving the booking confirmation email.
4.2 The Hirer will signify acceptance of these Terms and Conditions by paying a deposit or any other amount towards the order.
5. CANCELLATION OF THE ORDER
5.1 In the event that the Hirer cancels a booking more than 14 days before the agreed delivery date, the deposit is non-refundable. Any additional payments made (minus the deposit) will be transferred to a credit note that may be used on another booking within 12 months.
5.2 In the event that the Hirer cancels a booking less than 14 days but more than 4 days before the agreed delivery date, the deposit is non-refundable and 50% of the remaining balance is to be paid. Any additional payment already made (minus the deposit) will be transferred to a credit note that may be used on another booking within 12 months.
5.3 In the event that the Hirer cancels a booking less than 4 days before the agreed delivery date, full payment is to be made.
5.4 The owner reserves the right to cancel or reschedule delivery of the order should predicted weather conditions deem it unsafe to setup marquees or other equipment. Eg. Strong winds, large rain events or extreme storms.
6. DELIVERY AND COLLECTION
6.1 The Hirer may elect to pick up and/or return the Equipment to the Owner’s premises or have the Owner deliver and/or collect the Equipment from the Hirer’s premises.
6.2 If the Hirer elects to pick up and/or return the Equipment, the Hirer agrees to provide a copy of their current NSW Drivers Licence or suitable Photo ID to the Owner.
6.3 If the Hirer seeks to have the Owner deliver the Equipment every endeavour will be made to complete delivery at the time or date stated but no liability can be accepted for late delivery or non-delivery.
6.4 Unless otherwise stated the Owner will not accept cancellation of an order due to late delivery, nor shall the Owner be liable for consequential damages of any kind arising out of late delivery or non-delivery.
7. HIRER’S RESPONSIBILITY
7.1 Weather Conditions
7.1.1 The Hirer must take care to avoid accidents during extreme weather conditions. Strong winds can render any object dangerous.
7.1.2 Most of our marquees have a wind rating of 60 km/hr. If wind gusts exceed this safe limit the Hirer is to evacuate the structure and retreat a safe distance.
7.1.3 Umbrellas are not constructed to withstand strong winds and must be collapsed if the prevailing wind has the potential to pose a threat to persons or damage the equipment. Generally for umbrellas the recommended maximum safe wind speed is 10 knots (approximately 18km/hr).
7.2 Site Conditions
7.2.1 The Hirer must advise the Owner of any site conditions which may affect the proper use of the Equipment including, but not limited to, all underground services or pipes. Any damage to utilities or services shall be repaired at the Hirer’s expense.
7.3 Security of Equipment
7.3.1 The Hirer is responsible for the security of the Equipment until such time as it is returned to, or collected by, the Owner. If the Equipment is stolen or damaged the Hirer agrees to indemnify the Owner for such loss or damage at the current replacement cost of the Equipment.
7.3.2 In the event of the Equipment being stolen or damaged the Hirer is to notify the Owner immediately stating the full circumstances of the loss or damage. Until the Owner receives such notification, the hiring charges will continue. If requested by the Owner, the Hirer is to notify the police and provide the Owner with any ‘Event Number’ or other details provided by the police.
7.4 Safety of Equipment
7.4.1 The Owner complies with the relevant Occupational Health and Safety Acts of NSW. The Hirer is to ensure adequate safety measures are adopted at the Site. The Hirer will authorise any inspections to ensure that there are no alterations or modifications to any Equipment made by any person other than an employee of the Owner.
7.5 Use of Equipment
7.5.1 The Hirer is to use the Equipment in a proper manner and in accordance with any instructions available for the Equipment. Furniture items are not to be left in areas where they may get wet.
7.5.2 The Hirer will service, clean and maintain the Equipment in good and substantial repair and condition, reasonable wear and tear excepted.
7.5.3 The Hirer must ensure their guests and users of the Equipment are aware of these conditions. An adult must supervise all children using, or in the vicinity of, the Equipment at all times.
8. TERMINATION BY THE OWNER
8.1 The Owner may terminate this Agreement and repossess the equipment in any of the following events:
8.1.1 if the Hirer does or permits any act or thing whereby the Owner’s rights in the equipment may be prejudiced;
8.1.2 if the Hirer shall become or be made insolvent or bankrupt; or
8.1.3 if the Hirer commits any breach of this Agreement.
8.2 For the purposes of repossessing the equipment, the Owner may enter into or upon any premises where the equipment may be held without prejudice to the rights of the Owner to recover from the Hirer any moneys due hereunder or any damages for breach hereof and the Hirer indemnifies the Owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
9. CONSEQUENTIAL COSTS OR DAMAGES
9.1 The Owner shall not accept any consequential costs or damages arising from the failure, delay, bad weather or malfunction of the Equipment. The Hirer is responsible for taking precautions to ensure alternative arrangements are made in such a situation.
9.2 The Owner shall not be responsible for damage to underground utilities from pins and stakes attached to marquee erection. It is your responsibility to ensure any evidence of underground utilities is provided to us prior to commencement of work.
10. PAYMENT
10.1 For all Hirers payment is required as follows:
10.1.1 25% non-refundable Deposit on acceptance of the Quote by the Hirer;
10.1.2 the remaining balance 48 hours prior to the agreed delivery date.
10.2 The Owner is not obliged to deliver the Equipment to the Hirer until payment has been confirmed.
10.3 In the event that payment cannot be made, legal action may be taken to recover the debt owing without further notice. Any expenses, costs or disbursements incurred by the Owner in recovering any outstanding monies including debt collection agency fees and solicitor’s costs shall be paid by the Hirer. In order to retake possession of the Equipment, the Owner may enter into or upon any premises where the Equipment may be and the Hirer hereby agrees to indemnify and to keep indemnified the Owner against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Owner arising from the Owner’s entry into or upon any premises in exercise of its rights of repossession.
11. DISPLAY OF NAME
11.1 The Owner’s signage may appear on the Equipment. The Hirer must not conceal or obliterate any such signage, nor can the Hirer claim any charges from the Owner for advertising in respect of such signage.
12. DOCUMENTATION
12.1 Any documentation published by the Owner including but not limited to these terms and conditions, price lists and brochures may be changed without notice. All current documents are published on the Impact Party Hire website www.impactpartyhire.com.au