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Conditions of Hire
1.
Definitions
"Hirer" means any person who requests the Owner to hire Equipment to it, including its employees and agents. "Owner" means Access Party hire ABN 99474592575, its employees, servants and agents. "Equipment" means the items and accessories hired out by the Owner to the Hirer. 'Terms' means these terms and conditions.
2.Terms of Payment
Hiring charges shall commence from the time equipment is collected or in the event of delivery from the moment the equipment leaves the Owner's premises until it is returned. Hire is charged for time out not time used. The Hirer agrees to pay the Owner's hire charge and any other charges, including charges for damage, loss and repairs, tolls, fines or any tax, GST, duty, levy, or other expenses paid or payable by the Owner. If not otherwise specified by the owner and agreed in writing all hiring charges including taxes and duties are to be paid as follows
* Approved Account Hirer's - A 20% non-refundable deposit is payable to secure the order. Balanced to be payable C.O.D. of final invoice.
* Cash Hirer's - A 20% non-refundable deposit is payable to secure the order. Balance is payable in full prior to delivery or pickup. NB - Payment means cleared funds in the Owner's bank account. Credit Card Payments will incur a 3-4% surcharge.
3.Termination of Hire
The Owner may terminate the hire at any time. The Hirer shall have no claims for such termination. The Hirer may terminate the hire of the Equipment by:
1. returning the Equipment to the Owner during normal working hours; or
2. notifying the Owner that the Equipment is ready for collection, provided that
the Hirer keeps the Equipment safe until collection. Upon termination of hire, the Owner is entitled to take possession of the Equipment immediately and for this purpose the Hirer irrevocably appoints the Owner as his agent and authorizes the
Owner to:
1. enter upon any land or premises upon which the Equipment is situated or where the Owner has any reason to believe that the Equipment may be situated;
2. remove the Equipment whether or not it is affixed to the land or premises, connected to property or equipment not owned by the Owner, in use by the Hirer or any other person or containing property not owned by the Owner. If the Equipment
is not finally returned or ready for pick-up by the Owner at the expiration or termination of the hire period the Hirer shall pay an additional charge of 100% the daily rate for every additional day or part thereof that the Equipment is retained by the Hirer unless otherwise specified by the Owner. All costs incurred by the Owner collecting equipment including but not limited to disconnection, decommission and/or remove that equipment is payable by the Hirer.
4.
The Hirer’s Obligations
The Hirer will:
1. bear responsibility for the Equipment hired from the time of its delivery until collection by or return to the Owner;
2. assume full responsibility for all excess hours or lost time incurred by the Owner or its nominated subcontractors whilst delivering or installing the equipment. To minimise excess time charges the Hirer is responsible to;
1. clearly mark out all marquee locations and underground services prior to installation commencement
2. provide or make available delivery schedules and site maps to the Owner or its subcontractors immediately upon request,
3. ensure that the site and access to and from the site is appropriately cleared of all obstructions and sufficiently firm to support loaded vehicles,
4. ensure that preceding trades have completed their works on schedule and prior to the Owners arrival.
The Hirer agrees to pay for all excess hours or lost time incurred by the Owner or its subcontractors including unspecified manual carrying of equipment.
3. upon installation, delivery or collection of the Equipment immediately inspect the Equipment to determine condition, suitability and fitness for the purpose required. In accepting the Equipment the Hirer acknowledges that it has duly inspected the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgment or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. The Owner gives no warranty as to the said capacity. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs incurred by the Owner
4. The equipment shall not be used by anyone other than the Hirer with out the express permission of the Owner.
5. assume the risk of and indemnify and hold the Owner harmless from and against all claims in respect to property damage and personal injury resulting from:
1. the use of the Equipment during the hire period, whether from negligence of the Hirer or Owner or otherwise;
2. contact with underground cables,pipes,services or other obstructions
3. all necessary surface repairs.
6. use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which is was designed and to comply with all occupational health and safety laws and regulations relating to the use of the equipment and associated operations.
7. ensure all Equipment is returned or ready for collection by the Owner's driver, in a clean, dry and properly packed condition and if being collected, is readily accessible. The Hirer will pay for all cleaning, drying or repair cost resulting from
not properly drying, cleaning and/or packing the Equipment. The Hirer will also pay for any waiting times incurred beyond 1 hrs for time spent having to collect equipment scattered around the event site unless otherwise quoted.
5.
Property
The Hirer acknowledges that the Owner may inspect the Equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment. The Hirer shall indemnify the Owner in relation to any action of trespass or any other action or claim against the Owner in the course of the Owner exercising its right to inspect the Equipment. The Hirer acknowledges that
all property in and title to the Equipment at all times remains with the Owner, the Hirer does not acquire any property in or title to the Equipment and the Hirer’s interest in the Equipment is as bailee of the Owner only.
6.
Loss of or Damage to Equipment
If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify the Owner of the details. Notification shall not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer shall immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Hirer must also take all steps necessary to prevent injuries from
occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment without the Owner’s prior written consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or willful act of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for the following;
1. any costs incurred by the Owner in repairing or replacing the Equipment;
2. hire charges for the Equipment until the Equipment is repaired or replaced;
3. any other costs whatsoever incurred or loss suffered by the Owner as a result of the damage to or loss of the Equipment. The Owners count and decision as to condition of goods prior to dispatch and on return shall be final.
7.
Release and Indemnity
The Hirer agrees that the use of the equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks. The Hirer hereby releases the Owner from, and agrees to indemnify the Owner and save harmless
the Owner and the Owner's servant and agents from all damages in respect of any, 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 these Terms whether resulting from the negligence of the Owner, its servants or agents or otherwise.
8.
Damage Waiver
The Hirer agrees to pay damage waiver to the Owner to cover the costs associated with accidental damage, equipment normal wear and tear and for storm and tempest provided that the repair costs or replacement costs does not exceed 7.5% of the hire charges for the particular item hired. If the cost exceeds 7.5% then clause 6 applies. The damage waiver does not apply to or cover any other damage to or loss of Equipment including, without limitation:
1. damage resulting from overloading, exceeding rated capacity, misuse, abuse willful and /or malicious acts, negligence and/or reckless use, breach of any statutory laws or regulations in connection with the use of the equipment by the hirer or improper servicing of Equipment whilst on Hire;
2. damage or loss due to disappearance of the Equipment in circumstances where site security is available including, but not limited to, locked yards, buildings and sheds, where proper security is not used by the hirer to secure the equipment
or whilst left unattended;
3. damage caused by the use or operation of Equipment in contravention of any of these Terms, disregard for instructions given to the hirer by theowner in respect of the proper use of the equipment or in contradiction of the Manufacturer's Instructions if supplied with the equipment at the commencement of hire;
4. damage to, or loss of, the Equipment from any unknown cause,
5. loading or off loading equipment from maritime vessels, transportation of equipment on maritime vessels or the use of equipment on any wharf or bridge or over body of water.
6. damages caused to marquees vinyl through smoke, fire, hot substances, sticky tape, streamers, confetti or crepe paper.
NB - Smoking and the use of open flames and including the use of cooking equipment within marquees are strictly prohibited.This clause in no way entitles the hirer to, or implies the availability of, compensation from the Owner for any liability incurred by the hirer in relation to the use of hired equipment.
9.
Insurance
The Hirer will maintain at its own expense all appropriate policies of insurance: (a) for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment; (b) for liability, property and casualty insurance
coverage in amounts necessary to fully protect the Owner and its Equipment against all claims, loss or damage whatever.
10.
Cancelation of hire
In the event of cancellation by the hirer more than 7 days prior to the event, the deposit of 30% is non-refundable but may be transferred to cover another date. Less than 7 days - 100% of the total. Cancellation within 24 hours - total charges apply. It is agreed that on completion of the hire the whole or any part of the cost of replacement or the repair to the equipment may be charged in addition to the hire. Security remains the hirer's responsibility until collected by the owner.
11.
Miscellaneous
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 shall be governed by and construed in accordance with the laws of the State of NSW.