Terms and Conditions of Hire
- Definitions:
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1.1.“Company” means Perth Party Hire & Sales PTY Ltd 87 650 861 519 trading as Perth Glow Furniture Hire.
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1.2.“Customer / Hirer” means the person described as the customer in the Order Confirmation.
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1.3.“Equipment” means all goods specified in the Order Confirmation.
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1.4.“Agreement” means the binding and legally enforceable contract represented by these Conditions of Hire.
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1.5.“Personal” includes an individual, firm, partnership, corporation, unincorporated body and government department:
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1.6.“Order Confirmation” means the appendix to this Agreement (see example below). In these conditions of hire, the context requires otherwise:
- 1.6.1. The singular includes the plural and vice versa:
- 1.6.2. A reference to one gender includes all genders:
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- Payment:
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2.1.Unless otherwise agreed by the parties in writing all payments for equipment hire shall be strictly paid 7 days before the event or cash on delivery.
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2.2.All payments are to be made in cleared funds. If the Company agrees to receive payment in uncleared funds, the Company shall not be obliged to deliver the equipment until the funds are cleared. A clearance time of ten working days may be required.
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2.3.If the Company grants the Customer credit, all payments must be made either by way of cash, direct deposit into the Company nominated bank account, bank cheque, postal note and were approved by the Company, Personal cheque.
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- Delivery:
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3.1.The company assurance all equipment is checked, counted, and cleaned prior to dispatch. It is the customer’s responsibility to check all the order on delivery or collection. The Client must notify the company of any breakages or missing items within eight hours of receiving the equipment for hire.
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3.2.The delivery times made known to the Customer are estimated only, and the Company shall not be liable for late delivery, or non-delivery, and under no circumstances will the Company be liable for any loss (including consequential loss), damage or delay occasioned to the Customer or its customer arising from late or non-delivery or late installation of the Equipment.
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3.3.The hirer must allow delivery team to access the place at all contract time to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. If for whatever reason the company is unable to gain access to the site for delivery or pick up of equipment it may change the Hirer for delivery and pick up charges for each unsuccessful attempt.
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3.4.The hirer is responsible for providing safe and proper access to and at the site.
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3.5.The hires are liable for all injury, loss or damage suffered by the company, tis employees or agents while at the site.
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3.6.The customer acknowledges that it aware of the proper use for which the equipment hired is designed and it has inspected the equipment and expressly agrees that the equipment is in clean, satisfactory condition
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- Liability:
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4.1.The Company shall not be liable for and the Customer releases the Company from any claims in respect of faulty or defective design, installation or removal of the Equipment supplied.
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4.2.The Customer agrees that the Company has no liability to the Customer for any direct or consequential physical or financial loss, injury or damage, and the Customer releases the Company from the same, to the extent provided for by the Trade Practices Act and the Fair-Trading Act of Western Australia.
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4.3.The Company and the Customer always agree ownership and legal and equitable title in the Equipment remains with the Company.
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4.4.Rights in relation to Equipment:
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4.4.1.The Equipment will be stored, when not in use by the Customer, separately from other Equipment owned by the Customer to be clearly identifiable as property of the Company.
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4.4.2.The Customer will be holding the Equipment as bailee of the Company.
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4.4.3.The Company may enter the Customer’s premises (or the premises of any associated company or agent, where the Equipment is located) without liability for trespass or any resulting damage and retake possession of the Equipment; and
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4.4.4.The Customer expressly acknowledges that any power given or conferred upon the Company to seize or take possession of the Equipment exists whenever the Customer is in breach of its obligations under this agreement or when the hire period terminates.
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4.5.Loss of or Damage to Equipment
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4.5.1.On the return of the equipment to the owner the equipment is found in an unclean condition or not in a substantial working order, the Hirer shall pay to the owner the cost and expenses of restoring of the equipment to a clean condition and good working order. If the equipment cannot be retoured the Hirer will have to replace it for a new one.
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4.5.2.DANCE FLOOR – Drinks are not permitted on the dance floor at any time. Fine of $200 will apply to clean the dance floor.
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- Risk
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5.1.The client is not responsible for the set-up of the equipment, unless otherwise expressly stated, and agreed in writing between the owner and the hirer.
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5.2.The hirer must not remove the equipment from the delivery site, without the written consent of the company, except for the purpose of returning the equipment to the company premises.
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5.3.The equipment under the Customer’s custody or control shall be entirely at the Customer’s risk as regards any loss or damage caused to the Equipment.
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5.4.If the owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of god, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The owner shall not be liable for any loss or damage suffered by the Hirer because of any delays caused by such force majeure events.
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- Cancellation:
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6.1.No order may be cancelled except with the Company’s consent in writing and on terms, which will indemnify the Company against all losses.
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- Cost of Default
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7.1.If the Customer fails to comply with the terms and conditions specified herein the Customer shall pay to the Company all expenses and costs to reimburse the Company against any claims, demands and liabilities of any nature that may be incurred by the Company because of the breach or breaches of the terms and conditions on the part of the Customer to be performed or observed.
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7.2.The Company may also charge the Customer interest on overdue money at the rate of 2% per month and may also recover all legal costs incurred by the Company by reason of the Customer’s failing to comply with the terms and conditions contained on this Agreement and the Order Confirmation.
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7.3.The client agrees to pay the company charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the company.
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- Terms to Prevail
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8.1.In the event of any inconsistency between the terms of this agreement and any written order submitted by the Customer to the Company, the terms of this Agreement shall prevail.
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8.2.The customer hereby releases the owner from, and agrees to indemnify the owner in respect of any third party claims, actions, suits, demands, costs, and expenses for damage or injury to person, death, loss of income or damage caused to the customer or its property arising directly out of the hire or use of the equipment by the customer or these terms.
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- General
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9.1.No variation, modification, or waiver of any provision of this Agreement, or consent to any departure from it, shall be of any force or effect, unless the same shall be confirmed in writing, signed by the parties and then such variation, modification, waiver or consent shall be effective only to the extent for which it may be made or given.
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9.2.This Agreement as varied from time to time in accordance with sub-clause 10(a) constitutes the entire agreement between the parties and no warranties;
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9.3.No variation, modification, or waiver of any provision of this Agreement, or consent to any departure from it, shall be of any force or effect, unless the same shall be confirmed in writing, signed by the parties and then such variation, modification, waiver or consent shall be effective only to the extent for which it may be made or given.
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9.4.This Agreement as varied from time to time in accordance with sub-clause 10 constitutes the entire agreement between the parties and no warranties; representations, guarantees or other terms and conditions of whatever nature not recorded on the Order Confirmation shall be of any force or effect.
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9.5.If any provision of this Agreement shall be invalid and not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision shall be and continue to be valid and enforceable in accordance with their terms.
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9.6.This Agreement is governed by the law in force in the State of Western Australia
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