The Hire Store
TERMS AND CONDITIONS
Thank you for choosing The Hire Store Pty Ltd for the use of hiring general equipment for your event.
Please read these terms carefully before booking with us or using our hire equipment. The Terms below are important because they set out the rights and obligations of you as the Client, when using our hire items (‘Your Booking’).
Your Booking is confirmed once we have received a signed copy of these Terms and pay your booking fee. However, where you fail to provide an executed copy of the Terms but proceed to use our hire items or pay our Booking Fee, you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.
1. Definitions
1.1 “The Hire Store” means “The Hire Store Pty Ltd”, us, we, the business. ABN 29 677 838 363
1.2 “The Client” means you, your, the hirer or any person that has the authority of the hirer to make or manage the booking.
1.3 “The Hire Items” means the general equipment hired by you, from us.
1.4 “Your Booking” means the booking, your paid for wishlist, hired items.
2. Hire Agreement
2.1 We provide items for hire as outlined in these Terms for you, the Client.
2.2 The client accepts the conditions of these terms when they sign and return these terms and pay their booking fee. However, the paying booking fee alone in the absence of the signed terms will also amount to the acceptance of these terms.
3. Booking Queries
3.1 Once received via the website wishlist portal, wishlist items will be collated, priced and returned to the client for confirmation and payment. Bookings will only be considered confirmed once both the signed Terms are returned and the booking fee paid in full. All priced wishlists will lapse after 7 days.
3.2 If you do not execute the Terms and pay the required Booking Fee outlined in Clause 4 of these Terms, then your priced wishlist will automatically lapse and will be available for another interested party to hire said items on your Booking Date.
4. Booking Fee
4.1 You must pay a Booking Fee which is non-refundable and non-transferable unless provided elsewhere in these Terms. The Booking Fee required to be paid is 30% of the total invoice.
4.2 By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is to secure the equipment hired for your event date, and cover the required care and maintenance to prepare said items. The Booking Fee has been set as liquidated damages as a genuine estimate of loss suffered in the event that you cancel the service, regardless of whether we are able to re-book any event in your place.
4.3 Subject to the terms and conditions contained within these Terms, your Booking Fee may be transferred to another date if agreed between the parties. This is subject to those hire items being available for any future potential dates at the discretion of The Hire Store.
5. Payments
5.1 Any person who has executed these Terms will be jointly liable for all payments owing to us.
5.2 You are required to pay for the services as follows:
a. The Booking Fee as outlined in Clause 4;
b. The remaining balance of the booking fee no less than four (4) weeks prior to your Booking Date;
c. A security bond calculated as a percentage of your total booking cost, will also be added to your final balance payment. This security bond will be refunded to you within 7 business days of the return and check of your hire items by The Hire Store. Any deductions to this security bond will be relayed to you in writing.
5.3 All required payments will be issued an invoice in advance. Any payments made to us will be made via direct deposit or credit card. Where a credit card is utilized, it may incur a surcharge.
5.4 We reserve the right to issue a quote for any requested changes to requirements, hire items or change to event start and end times. An invoice will be issued upon your acceptance of the quote.
5.5 We reserve the right to issue additional invoices for the hire where there are any changes within twenty one (21) days of the event date, to your requirements, hire items or increase in labour outside of our control. The additional charges are payable on issue of the invoice, and prior to the event date.
5.6 All prices are quoted in Australian Dollars and are inclusive of GST.
5.7 We reserve the right to refuse preparation or delivery of hire items until all past due balances are paid.
5.8 Additional agreements or changes that affect the agreed booking or prices need to be explicitly agreed by the parties and documented in written form without delay.
6. Cancellation or Postponement of Booking
6.1 You may cancel this agreement at any time, by notifying us in writing. The cancellation will be subject to the terms below.
6.2 The Hire Store reserves the right to charge the following in case of cancellation;
6.3 If cancelled 30 days or more from the Booking Date – 50% of the total Booking price.
6.4 If cancelled 29 days or less from the Booking Date – 75% of the total Booking price.
6.5 If cancelled within 7 days of the Booking Date – 100% of the total Booking price.
6.6 Postponement of bookings with 30 days or more to from The Booking date will only be considered if both the hire items and the date of the proposed new booking date are in agreement with The Hire Store.
6.7 Booking Fees are non refundable under any circumstances.
6.8 Any requests for refunds of balance payments must be made in writing to The Hire Store and will be subject to the cancellation policy. Any and all refund requests will be at the discretion of The Hire Store.
6.9 We may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where we terminate the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
6.10 We may withdraw our Services in some circumstances. Such circumstances include discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies. Non-cooperation; changes in locations, facilities, or available times and late payments are examples of contributing factors.
7. Your Obligations
7.1 You understand that we require fair, realistic notice in order to attend to requests and projects. You understand that we may require detailed clarification of events/projects to meet your expectations and provide the best support and highest quality work.
7.2 You understand that whilst all provisions will be made to accommodate last minute changes or requests, this may compromise the level of execution typically afforded to our clients.
8. Consent to Publish
8.1 The Hire Store gives their consent for the publication of identifiable details, which can include photographs and or videos to be published on social media, website or any other advertising or social platform of the Business.
8.2 The Hire Store agrees not to publish any personal details such as full name or address of the client. First names only may be used.
8.3 The client agrees to the consent to publish any photographs, video or audio recordings by The Hire Store.
8.4 Any photographs, videos or sound recordings taken by you of our work must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without our express written consent is strictly prohibited.
9. Hired Items
9.1 We agree to hire specific items to you (General Equipment), and you agree to rent the General Equipment in accordance with this clause.
9.2 All cancellations of General Equipment hire must be submitted in writing. Cancellations of General Equipment in accordance with clause 6 will apply.
9.3 You must be present at the time of pick up or delivery and you must inspect the General Equipment for any damage at that time. Any issues must be raised with us upon collection or delivery of the General Equipment.
9.4 It is your responsibility to ensure the correct type of vehicle is used for transporting the equipment so that it is not at risk of being exposed to adverse weather or damage during transportation. If the vehicle is deemed inappropriate by The Hire Store, release of equipment may be refused and no refund will be issued.
9.5 Loading your vehicle is your own responsibility. Help from The Hire Store is at the discretion of staff.
9.6 Where you have paid for the additional service/s of delivery, setup, pack up and/or collection, we are not responsible if items hired by the client are unable to be utilized as per client instructions due to circumstances outside of our control, included but not exclusive to uneven ground, wet weather or winds.
9.7 Where you have paid for delivery/set up/pack down or collection, your own signature will be required to confirm these services have been provided. You are responsible for any loss or damage incurred if anyone else is required to sign on your behalf.
9.8 You must return the General Equipment by the agreed upon time issued by The Hire Store upon confirmation of your booking, following your Booking, and should you fail to do so, you may incur an additional Fee.
9.9 Any items not returned, or returned in an altered or damaged condition, regardless of how it may have been damaged or by whom, will incur a full repair/replacement fee as deemed by The Hire Store.
9.10 Delivery fees will be calculated on each event basis and will be clearly listed on your quote as a separate line item.
9.11 You will be required to pay a “security bond” before taking possession of the equipment. Where the General Equipment is returned in the condition it was provided to you, your security bond will be refunded to you. This will occur after each hire item has been checked and cleaned by the Hire Store (within seven (7) days). Where items are damaged or lost, and the security bond is not sufficient to cover the loss or damage to the item, you will be liable for any costs above and beyond the security bond amount in order to repair or replace the item. It is at the sole discretion of The Hire Store as to whether to repair or replace the item for the current market value.
9.12 Unless you obtain the prior written consent from us, you will not alter, modify or attach anything to the equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.
9.13 To the extent permitted by law, you will be responsible for risk of loss, theft, damage or destruction to the equipment from any and every cause.
9.14 You acknowledge that you are responsible for ensuring that all hired items, including but not limited to cutlery, glassware, and tableware are rinsed, free of food waste and repacked into provided containers as at delivery/collection.
9.15 No cutlery, glassware or tableware is to be washed in a dishwasher under any circumstances, unless expressly advised by The Hire Store in writing. Any items deemed by The Hire Store as having been washed in a dishwasher or unreasonably damaged through washing will be repaired/replaced by the client by means of monetary payment.
9.16 Glass charger plates must not be used for food service, nor placed in a dishwasher for cleaning.
9.17 Linen must be shaken free of any food or debris and packed dry before before being bundled into provided linen bags. Linen does not need to be washed by the client. Mould can begin to grow within 30 minutes and if this does occur, additional fees will apply.
9.18 A Cleaning Fee will also apply to any individual piece of General Equipment that is deemed by The Hire Store to be excessively dirty so that it may be cleaned appropriately. This will be at the discretion of The Hire Store.
9.19 You are liable for, and indemnify us against any loss or damage suffered as result of the actions of a third party (including but not limited to the venue, venue staff or guests).
9.20 An invoice for damage/loss will be provided to you. It is then your responsibility to recover any of these additional damage/loss costs incurred from the third party.
9.21 We reserve the right to engage debt collection services for any invoices not paid in full by the due date for any lost/missing or damaged items and the costs associated with engaging that debt collection service will be passed on to you.
9.22 You acknowledge that you will be hiring items that will be used by other clients prior to your Booking Date. Where an item(s) has been hired prior to your Booking, and the item is damaged or lost, and cannot be repaired to a satisfactory level before your Booking Date, we cannot be held liable or responsible for inability to provide that item. In these circumstances, we will notify you as soon as possible and try to offer an alternative, if possible. In the absence of alternative item(s) being offered, we will offer you a refund based on the value of that damaged/lost item(s).
9.23 We must be allowed suitable time to rectify any issues with an item before the issuing of refund is considered.
9.24 Hired items must be collected and returned by you at the agreed time. Failure to arrive at these times could result in an alternative time to be arranged and additional costs incurred. You are unable to return Hired Items on Sundays or Public Holidays.
9.25 When transporting the General Equipment, you must use blankets, straps and other ties for the provision of safe transportation. We stock limited supplies for transportation, such as blankets and straps which are available to hire from us at $12.00 inc GST per blanket, and $5.00 inc GST per strap.
9.26 We reserve the right to refuse the release of General Equipment where we are not satisfied that the Equipment would not be damaged in transit or does not have above mentioned items for safe transportation.
9.27 Where we are collecting from the Venue all items must be cleaned, packed in the original packaging and stacked together in an accessible location. If all items are not ready in the aforementioned manner at the agreed time of collection, you will be charged an additional fee as deemed by The Hire Store.
9.28 All hired items including but not limited to timber and upholstered items must be undercover overnight.
10. Safety
10.1 You agree, in the event that you have utilized our delivery service, both prior to your Booking Date and during, you are not to undertake any illegal or dangerous activities that threaten our safety and well-being at the time of delivery or collection.
10.2 If these regulations are not strictly adhered to and we feel our personal safety is at risk, we reserve the right to exit the location and cease our duties. In doing so, you will forfeit any fees paid.
11. Subcontracting of Services
In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to secure Services in replacement. If suitable replacement Services are not found, responsibility and liability is limited to the return of all payments received by us for the Services.
12. Warranty, Liability, and Indemnity
12.1 To the extent that the Australian Consumer Law allows, we provide the equipment on an “as is” and “as available” basis and disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
12.2 To the fullest extent permitted by law you agree that neither we nor our employees, officers or contracted personnel will be liable to you or any person for any loss, damage, claim, cost or expense resulting from or arising out of your use of (or inability to use) our equipment. This includes any direct, indirect, or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
12.3 To the fullest extent permitted by law, you agree to indemnify us, and our officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of the Terms or any activity related to your use of the equipment or services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
13. Force Majeure
13.1 We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Terms that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by vendors (known as ‘force majeure circumstances’).
13.2 If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Terms, has become impossible, we will contact you as soon as reasonably possible to notify you. Our Services will be suspended and the time for performance of our obligations under the Terms will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of our control occurs, but the circumstances still make the Booking possible (notwithstanding any inconvenience or hardship).
13.3 If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and we are only obliged to use our reasonable endeavours to provide an alternative date.
13.4 In genuine force majeure circumstances, we will endeavour to arrange a new Booking Date with you after the event outside of our control is over. Parties must use all reasonable endeavours to mutually agree on a new date, but if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies for Services not yet performed, excluding the Booking Fee, will be returned to you. In force majeure circumstances, where an alternative date can be provided, we will credit any amount paid already for a date that can be mutually agreed. Otherwise all money for Services not yet performed will be returned.
13.5 If you choose to book again and an event beyond our control is reasonably foreseeable, then the booking is done so at your own risk and we will not be liable for any loss suffered as a result of the failure of your second booking to proceed. We are under no obligation to provide a further date as a result of any cancellation or postponement.
14. Jurisdiction
These Terms are governed exclusively by the laws of New South Wales. Any legal proceedings relating to them can only be taken in courts with jurisdiction in New South Wales.
15. Severability and Waiver
If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms. Any failure by us to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
16. Execution by Parties
This agreement must be executed by each partner named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.
Signed by,
______________________________
Authorised officer of Form Over Function
Date:
_______________________________
Person 1
Date