Finalise Your Hire Contract & Make Payment

These Terms and Conditions together with the Booking Confirmation, Safety Rules and Risk Assessment/Installation Specifications constitute the whole of the Contract with you, the “Hirer”.

1. DEFINITIONS AND EXPLANATIONS
   1. In these Terms and Conditions these words and phrases have the following meanings:
   2. "Additional Equipment” means further goods or equipment required by the Hirer for delivery to the Site
   3. “Booking Confirmation” means the initial document detailing the Equipment and specifications of the proposed Period of Hire
   4. “Contract” means the Contract between the Owner and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Terms and Conditions, Booking Confirmation, Safety Rules and Risk Assessment/Installation Specifications
   5. “Delivery Address” means, except where otherwise stated in the Booking Confirmation, the Site
   6. “Delivery Schedule” means the installation and collection times of the Equipment as advised to the Hirer prior to the Period of Hire. The Hirer acknowledges that installation may occur prior to the Period of Hire listed on the Booking Confirmation and that collection may occur after the Period of Hire listed on the Booking Confirmation
   7. “Dry Hire” means the hiring of the Equipment to the Hirer without the provision of persons to operate the Equipment
   8. “Equipment” means collectively all the goods and equipment described in the Booking Confirmation and separately each item of the goods and equipment designated in the Booking Confirmation
   9. “Facilities” means all electrical services including lighting, power points, access and other requirements necessary in order to facilitate the proper and safe installation and use of the Equipment on the Site
   10. “GST" means Goods and Services Tax
   11. Hirer “Effective Control” means actual physical control and use of the Equipment at relevant times. Where the Equipment is provided to the Hirer on a Dry Hire basis, it will be deemed to be under the Effective Control of the Hirer. Where the Equipment is provided to the Hirer on a Wet Hire basis, it will be deemed to be under the Effective Control of The Owner.
   12. “Hire Fee” means the fee inclusive of GST which the Hirer has by this Contract agreed to pay to The Owner for the hire of the Equipment for the Period of Hire. The Hire Fee is set out in the Booking Confirmation
   13. “Hirer” means the company or person described in the Booking Confirmation as “the Hirer” and includes where applicable its lawful successors and assignees.
   14. "Installation Included" means we will install, layout or arrange the equipment as required
   15. “Owner” means the company referred to as the Equipment supplier in the Booking Confirmation and all subsequent documents. The hirer acknowledges that all Equipment and Additional Equipment is the property of the Owner.
   16. “Owner's Representative” means any party representing the Owner including but not limited to servants, agents or lawful contractors
   17. “Period of Hire” means the period for which the Equipment is hired by the Hirer as specified in the Booking Confirmation, being the period commencing on the delivery of the Equipment to the Site, being the Delivery Address as stated in the Booking Confirmation and expiring at the collection time as stated in the Booking Confirmation or Delivery Schedule
   18. “Services” means the provision of labour by the Owner (its servants, agents or lawful contractors) including but not limited to labour for event management, Equipment delivery, set-up, operation, pack-down, collection and supervision.
   19. “Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment
   20. "Supply Only" means we leave all equipment listed as such, in one location without the requirement to set up, install, layout or arrange. All equipment must be returned to the same location ready for collection
   21. “Terms” means these Terms and Conditions which will always be advised to the Hirer upon installation at the Site
   22. “Venue” means the place where the Equipment is to be used by the Hirer
   23. “Wet Hire” means the hiring of the Equipment and the provision of persons to operate the Equipment and provide the Services in respect thereto.
2.  FEES
   
   1. Deposit: A 50% non-refundable deposit secures equipment with the balance being automatically charged to your card 3-5 days prior to the event date. Equipment is not secured until a deposit payment (or full payment) is received
   2. Time Restricted Delivery/Collection Fee: Applies where a set time window is required to deliver/collect the equipment. Read more here
   3. Before/After Hours Delivery/Collection Fee: Applies where delivery/collection is required before or after business hours as defined by: 7am - 5pm Monday > Saturday & 8am - 4pm Sunday
   4. Last Minute Booking Fee: A 25% last minute booking fee applies to all equipment booked inside a 7 day period (from the Event Start Date). Our routing and trucks are finalised and packed up to 7 days in advance. Adding or removing bookings within this time frame requires additional labour, admin and team members
   5. Postponement Fee: Applies where a booking has been postponed with less than 7 days notice (to the event hire start date)
   6. Distance Fee: Applies where we need to transport equipment further than a distance of 25 metres (ground level only).  Read more here
   7. Stairs/Lift Labour Fee: Applies where equipment is required to be transported to an upper level (one instance only - multiple trips incur additional fees)
   8. No DVA Labour Fee: Applies where marquees, outdoor dance floors, water slides or two-man inflatables do not have "direct vehicle access" to the set up point and covers additional labour to transport components
   9. Refundable Bond Fee: Applies to all bookings containing linen, lighting, glassware, crockery & cutlery. Is refunded once equipment is returned in original condition and quantity
   10. Recollection/Redelivery Fee: Applies where either delivery or collection could not take place at the nominated time and we are required to attend the event location on a subsequent occasion to either deliver or collect equipment. If redelivery or recollection cannot fall into another routed delivery, charges are processed on a per hour per person basis
   11. Warehouse Pick Fee: Applies to any warehouse collections (note we do not usually allow warehouse collects)
   12. Additional Labour exclusive of product and/or installation fees are quoted at $95.00/hour 7am - 5pm Monday - Saturday and $145.00 8am - 4pm Sundays.
       
       
3. BINDING CONTRACT
   1. This Contract is entered into and will be binding on the Owner and the Hirer upon the Hirer’s acceptance of these Terms and Conditions. All Equipment is available as listed at the time the Hirer’s minimum 50% deposit of the Hire Fee is received by the Owner.
   2. Until the Hirer has paid the 50% deposit of the Hire Fee, the Owner may at any time withdraw the Offer by email, telephone or text message
   3. The Owner has no obligation to the Hirer to supply the Equipment named in the Booking Confirmation if the fee described in clause 2.1 and the Booking Confirmation has not been received
   4. If there is any balance payable in respect of this Contract and the Hire Fee, it must be paid by the Hirer upon installation of all Equipment. The Owner reserves the right to cancel the Contract immediately if the Hirer fails to pay any outstanding amounts of the Hire Fee. The Owner also reserves the right to deny a refund of any deposits paid
4. TERMS OF PAYMENT
   1. The Hirer will pay the Hire Fee to the Owner as stated in the Booking Confirmation. A 50% NON-REFUNDABLE deposit secures the equipment with the balance being automatically charged to the card on file (used to make deposit payment) 3-7 days prior to the event date.
   2. Where a "Last Minute" booking (within 7 days of the event start date) is accepted, FULL payment becomes immediately due.
   3. Where a card is not available on file, the balance payment should be transferred via bank deposit at least 7 days prior to the event date.
   4. Where The Owner has agreed to invoice The Hirer for payment after the Equipment has been supplied, The Hirer agrees to pay in full, all fees due, within 7 days of the date of the invoice unless otherwise agreed upon in writing. The Hirer agrees that if The Owner has not received payment in full for the Equipment supplied by the original invoice due date, then a late payment fee of $125.00 shall automatically apply. In addition, an interest charge of 15% per annum shall also be added to the original invoice, charged on a weekly basis. 
   5. The Hirer agrees to indemnify The Owner for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by The Owner in connection with a demand, action or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from The Hirer) arising out of a breach of these terms including the failure by The Hirer to pay an amount by the due date.
   6. In addition, The Hirer authorises The Owner to keep a record of the credit card details on file. The Hirer further authorises and acknowledges that the card will be charged by The Owner should any damage, late fees, additional hire charges, delivery costs or outstanding balance payments occur after the Hire Period.
5. PERIOD OF HIRE
   1. The Owner hereby agrees to rent to the Hirer the Equipment listed within the Booking Confirmation for the Period of Hire set out thereon.
      
      
6. THE EQUIPMENT
   1. The Equipment will at all times remain the property of the Owner. The Hirer has no legal or equitable interest in the Equipment or any part thereof. The Hirer’s possession of the Equipment (upon delivery) will be as a bailee for the Period of Hire and thereafter at will.
   2. Upon delivery, the Equipment must be inspected by the Hirer to determine whether the Equipment delivered is complete in accordance with the Contract and is in good order and working condition. Unless otherwise stated, the Hirer will on completion of the inspection be deemed to have satisfied itself that the Equipment as a whole is suitable, fit and merchantable and capable of meeting all the requirements of the Hirer.
   3. Any shortages or malfunctioning of the Equipment must be notified by the Hirer to the Owner immediately
   4. Where the Contract pertains to a Dry Hire and the Hirer is in Effective Control of the Equipment, then the Hirer is a bailee of the Equipment. In additional to all duties imposed at law upon bailees, it is an essential term of the Contract that the Hirer will at all times exercise all reasonable care and diligence in the use of the Equipment and follow the safety instructions presented by the Owner where applicable. The Hirer acknowledges the Owner or Owner’s Representative has presented the safety instructions upon delivery of the Equipment and confirms, accepts and agrees to adhere to all of the conditions. It is an essential prerequisite of all Dry Hire events that the Hirer supplies a permanent and allocated supervisor at all times with regards to inflatable equipment
   5. The Hirer shall keep the Equipment at the Venue, unless written permission has been obtained from the hirer to relocate the equipment elsewhere.
   6. The Hirer will ensure that the Equipment is made available for collection to the Owner or Owner’s Representative at the conclusion of the Period of Hire. In the event the Owner or Owner’s Representative is unable to access the property at such time, extended hire fees in addition to re-collection fees will automatically be charged to the customer until such time the Equipment is made available. Alternatively, delays on site will be charged at the "additional labour" fees noted in clause 2xii.
   7. The Hirer shall permit the Owner or Owner’s Representatives to enter the Venue where the Equipment is located at all reasonable times in order to inspect Equipment or carry out repairs to the Equipment.
   8. In the event that the Equipment is damaged in any way, lost or stolen prior to its collection, the Owner at its absolute discretion shall be entitled to charge the Hirer for any repairs to the equipment or replacement value. Additionally loss of income is to be assessed and totalled to the before mentioned costs.
   9. In the event that the Owner deems the Equipment to be of an excessively soiled nature, the Owner has the right to charge an additional cleaning fee equivalent to labor, cleaning and chemical charges
   10. In the case of Equipment breakdown during the Period of Hire, it is the responsibilities of the Hirer to contact the Owner at the time of the breakdown by telephone. The Hirer may be required to leave a voice mail message. The Owner reserves the right to interview the Hirer via telephone conversation to determine what fault, if any, exists with the Equipment at that time and how the fault came to occur. The Owner reserves the right to lead the Hirer, by a telephone conversation through a process, using only portions of the equipment, used by the Hirer, in the normal operation of the Equipment, to attempt a repair. It shall be at the sole discretion of the Owner to call a service person to attend the location of the Equipment and effect any repairs if possible. The Owner shall not be required to supply a service person after 6.00pm.
       
       
7. EQUIPMENT PHOTGRAPHY
   1. Equipment-Centric Photography: The Company will take photographs during events solely for the purpose of showcasing our equipment, setup, and services. Our primary focus is to highlight the quality and presentation of our products.
   2. No Intrusion on Privacy: The Company will take all necessary precautions to avoid capturing identifiable images of event attendees, including but not limited to faces, personal belongings, or any other identifying information.
   3. Respect for Privacy: We respect the privacy and preferences of our customers and their guests. The Company will not engage in intrusive or inappropriate photography practices that may make individuals uncomfortable.
      
      
8. CUSTOMER CONSENT: By engaging our services and/or allowing our equipment to be used at your event, you, hereinafter referred to as "the Customer," automatically grant consent to the following:                        
   1. Equipment Photography: The Customer permits the Company to take photographs of the event's setup, decorations, and equipment supplied by the Company, without the requirement for additional or explicit consent.
   2. Usage of Photographs: The Customer acknowledges that photographs taken during the event may be used by the Company for promotional and marketing purposes, including but not limited to our website, social media, advertising materials, and other marketing collateral.
   3. Exclusion Requests: If the Customer wishes to exclude specific equipment or areas from photography, they must notify the Company in writing prior to the event. The Company will make reasonable efforts to comply with such requests.
      
      
9. DEFAULT EVENTS
   1. The Hirer will be in default of the Contract if it breaches any of its obligations under this Contract or Safety Rules
   2. On the happening of a Default Event the Owner may, without prejudice to any of its other rights either under these Terms or at law and without previous notice to the Hirer, enter any Site where the Owner believes the Equipment to be located, re-possess it and the Hirer hereby agrees not to make any claim or bring any action against the Owner or Owner’s representatives as a results of the re-possession of the Equipment
   3. The Hirer agrees to indemnify the Owner and all Owner's Representatives against any loss or liability expense or cost which might be incurred by the Owner in entering upon the Site and taking possession of the Equipment or any item thereof. Such indemnity covers any liability to any third party for trespass or for damage to the Site occasioned through the entry upon the Site, the re-possession of the Equipment or its removal from the Site
      
      
10. WARRANTY
    1. The Owner warrants that the Equipment listed within the Booking Confirmation will be in good working condition for the Period of Hire set out thereon.
    2. Where permitted by statue, the Owner's liability for breach of any warranty is limited to:
       1. The supply to the Hirer of substituted equivalent equipment; or
       2. The payment of the costs of supplying to the Hirer substituted equivalent equipment; or
       3. The repayment to the Hirer of the Hire Fee.
          
          
11. LIMITATION OF LIABILITY
    1. The liability of the Owner and Owner's Representatives is limited as follows:
       1. The Owner is not liable to the Hirer for any loss or damage which the Hirer might sustain as a consequence of of the Hirer ordering the wrong Equipment of insufficient quantities of the Equipment or where the Equipment is hire for a purpose which is outside of the Equipment’s specifications.
       2. The Owner is not liable for any damage or loss suffered by the Hirer as a consequence of any late Delivery of the Equipment to the Site if the Hirer has accepted the proposed delivery time and is not available at that proposed time
       3. The Owner will have no liability to the Hirer if it is the responsibility of the Hirer to prepare the Site for the Delivery and Installation of the Equipment or where it is the responsibility of the Hirer to provide the Facilities and at the time of delivery of the Equipment to the Site, the Site is not so prepared or the Facilities or any of them are not available o unsuitable
          4.The Owner has no liability to the Hirer for any damage or loss which the Hirer might sustain where the cause of that damage or loss is the negligence of the Hirer or any of its servants, agents or contractors.
    2. Where it is the responsibility of the Hirer to ensure that the Site is safe and that the Facilities are safe, then the Hirer indemnifies the Owner and the Owner’s Representatives against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of the Hirer to ensure that the Site is safe.
    3. The Owner is not obliged to the Hirer or be liable in damages to the Hirer, so long as any delay, action, obligation or lack thereof, is caused by or prevented by an act of God or force majeure.
    4. The Hirer indemnifies the Owner against any claims or actions whatsoever made in respect to the Equipment or its use during this period regardless of Dry Hire or Wet Hire of the Equipment. This includes but is not limited to claims for injury or damage whilst the Equipment is in possession of the Hirer.
       
       
12. POSTPONEMENT POLICY (INCLUSIVE OF COVID RELATED POSTPONEMENTS)
    1. Due to a limited quantity of Equipment and said Equipment having been allocated for you, we request that you provide as much notice as possible before postponing any bookings to allow us to potentially re-hire the allocated Equipment.
    2. Should the Hirer POSTPONE their booking with MORE than 7 days available to the commencement of the Period of Hire, no charges apply and a gift card will be issued to the full value of your booking payments, for use within a period of 12 months
    3. Should the Hirer POSTPONE their booking with LESS than 7 days available to the commencement of the Period of Hire, a 20% fee (of the total booking value) applies with a minimum of $250.00 (Two Hundred and Fifty dollars). This fee includes but is not limited to unloading/reloading fees, shift changes, administration time and loss of income for allocated hire equipment. We reserve the right to increase the postponement fee based on the size of the booking and in such case, this will be charged at $75/hour (for any additional labour).
    4. Postponement fees are inclusive but not limited to Postponements relating to acts of God, natural disasters, weather, sabotage, accident, trade or industrial disputes, terrorism or hostilities and Government imposed shutdowns. The Owner in its capacity reserves the right to waive the postponement fee at its own discretion.
       
       
13. CANCELLATION POLICY (INCLUSIVE OF COVID RELATED CANCELLATIONS)
    1. Should the Hirer CANCEL their booking with MORE than 7 days available to the commencement of the Period of Hire, the 50% non-refundable deposit is forfeited and the remaining 50% balance (if paid) shall be refunded
    2. Should the Hirer CANCEL their booking with LESS than 7 days available to the commencement of the Period of Hire, any funds paid are forfeited
    3. Should the Hirer CANCEL their booking ON THE DAY or at the commencement of the Period of Hire, any funds paid are forfeited and where a balance payable is due, those funds become immediately payable
    4. Cancellation fees are inclusive but not limited to Cancellations relating to acts of God, natural disasters, weather, sabotage, accident, trade or industrial disputes, terrorism or hostilities and Government imposed shutdowns. The Owner in its capacity reserves the right to waive cancellation fees at its own discretion.
       
       
14. DELIVERY & SPECIAL INSTRUCTIONS - GENERAL EVENT HIRE EQUIPMENT
    1. All event hire Equipment is "Supply Only" unless otherwise specified and does not include arrangement, assembly, design or set up by the Owner or Owner's Representative(s)
    2. Unless alternative loading and unloading instructions have been agreed upon (and paid for), all event hire equipment includes standard delivery and collection only whereby the Equipment is delivered and collected from the nearest and safest point our vehicle(s) can be parked. Delivery or collection which involves but is not limited to lifts, stairs, paths, house access, rear gardens or other locations where the Owner or Owner's Representatives are required to travel a distance greater than 25 metres will be charged an additional fee
    3. Equipment must be placed in a similarly accessible location at the agreed collection time or the Hirer shall be charged an additional fee
    4. Glassware, crockery & cutlery must be rinsed and free of residue prior to collection. Broken or missing glassware, crockery or cutlery shall be charged at full replacement cost. Glassware, crockery or cutlery that is returned without being rinsed will incur additional fees.
    5. Event linen must be dry and free of food waste. Excessively soiled, damp or permanently stained linen shall be charged additional cleaning fees or full replacement cost
    6. Carpet runners must be dry and free of any dirt, dampness or food waste. Excessively soiled, damp or permanently stained carpet shall be charged additional cleaning fees or full replacement cost
    7. Llghting (festoon & fairy) must be neatly re-rolled and placed back into the supplied plastic crates. Tangled or un-rolled lighting will be charged an additional fee
    8. Waste inclusive of "Rubbish Removal" should be neatly tied in the supplied waste bag and left inside the bin. Overflowing, excessive and/or broken waste bags will not be collected and/or charged an additional fee. Where "Rubbish Removal" has not been paid for, all waste should be removed from the supplied bins. Bins should be at a minimum hosed and cleaned free of any debri.
    9. Two-person equipment where "Customer Assistance" has been noted ie. the Hirer has not paid for a "Two-Man Delivery/Collection" requires someone of physical ability to assist our team member with the equipment. Where the Hirer cannot provide "Customer Assistance", the Equipment will be left on site and a "Re-delivery/collection" fee charged. This fee includes but is not limited to; an individual delivery route (charged at a higher rate then a regular routed delivery), two-team members and an hourly rate

    
    

    Safety Rules & Equipment Instructions

    Please find a copy of safety rules and equipment instructions pertaining to equipment which may be included in this hire contract:

    --> INFLATABLES - Safety & General Inflatable Instructions

    --> SNOW CONE MACHINES - Operating Instructions
    
    --> FAIRY FLOSS MACHINES - Operating Instructions
    
    --> SLUSHIE MACHINES - Operating Instructions

    --> POPCORN MACHINES - Operating Instructions
    
    --> HOT DOG MACHINES - Operating Instructions
    
    --> GLOW FURNITURE - Operating Instructions
    
    --> LETTER LIGHTS - Operating Instructions
    
    --> PAR CAN LIGHTS - Operating Instructions
    
     --> PA SPEAKER SYSTEMS - Operating Instructions
    
     --> MARKET UMBRELLAS - Operating Instructions

    
    
    

I HAVE READ THIS CONTRACT, ANY APPLICABLE SAFETY RULES AND UNDERSTAND AND AGREE TO THE CONTENT CONTAINED WITHIN.

Signature:

Printed Name:

Date: