1. DEFINITIONS
In these Conditions: (a) “Commencement Date” means the Commencement Date
specified in the Invoice; (b) “Conditions” means these Terms and Conditions of Hire;
(c) “Contract” means the contract between the Owner and the Hirer for the hiring of
the Equipment (once an order has been accepted by the Owner) in accordance with
these Conditions and the Invoice; (d) “Damage Waiver Fee” means the amount that
is equal to 8% of the Hire Fee and as otherwise specified in the Invoice; (e)
“Equipment” means all the equipment and accessories supplied by the Owner to
the Hirer; (f) “Force Majeure Event” means an event or circumstance beyond the
reasonable control of the Owner, including, but not limited to, acts of God, war, rain,
hail, wind, fire, explosion, civil disobedience, legislation not in force at the date of
the Contract or labour disputes; (g) “GST” means a tax, duty, levy, charge or
deduction, imposed by the A New Tax System (Goods and Services) Tax Act 1999 (or
any other act imposing a goods and services tax in Australia) and any related
interest, penalties, fines or other charges; (h) “Hire Fee” means the amount payable
by the Hirer to hire the Equipment as specified in the Invoice; (i) “Hirer” means the
person, firm or corporation hiring the Equipment from the Owner and includes the
Hirer’s agent; (j) “Invoice” means the tax invoice issued to the Hirer by the Owner in
relation to the hiring of the Equipment; (k) “Replacement Fee” means the amount to
replace damaged or lost Equipment as notified by the Owner to the Hirer from time
to time; (l) “Term” means the duration of the Contract between the Owner and the
Hirer as specified on the Invoice; (m) “Total Fee” means the Hire Fee and the
Damage Waiver Fee; (n) “Owner” means Occasions Event Managment Pty Ltd ABN
90 168 888 944 trading as Occasions Event Management of 130 Eighteenth Street,
Renmark SA 5341.
2. CONDITIONS OF HIRE
(a) These Conditions apply to the Equipment hired by the Hirer. (b) the Hirer agrees
to be bound by these Conditions by either; signing this document, providing its
electronic signature consent or otherwise (Consent) in the form of paying the
deposit, the Hirer also agrees that these Conditions apply to the hire of all
Equipment by the Hirer during the calendar year in which such Consent was given
(without the need for the Hirer’s signature, electronic signature consent or other
form of consent to be given on more than one occasion during this period). (c) The
Hirer will hire the Equipment from the Owner from the Commencement Date. (d)
Subject to compliance with these Conditions, the Hirer is entitled to use the
Equipment for the duration of the Term. (e) Any extension of the Term must be
agreed to by the parties in writing. (f) The Hirer must not remove Equipment which
has been securely installed without the prior written consent from the Owner. (g)
The Hirer agrees and acknowledges that it has received adequate instructions from
the Owner regarding the correct and safe use of the Equipment, which may include
physical demonstration or verbal or written instructions. (h) The Hirer must not use
the Equipment at locations or for purposes different to the Equipment’s general
designated purpose and specified suitability (such as indoor versus outdoor use). (i)
While the Hirer has possession of the Equipment, the Hirer acknowledges
responsibility for the Equipment and is liable in accordance with these Conditions
for any damage, loss or destruction thereto.
3. PAYMENT
(a) The Hirer agrees to pay the Owner the Total Fee and Replacement Fee including
any applicable GST, stamp duties, penalties, levies or freight and other charges
relevant to these Conditions. (b) The Hirer must pay the Total Fees upfront for orders
placed (and accepted by the Owner) 10 days prior from the required
delivery/collection date of the Equipment. (c) Subject to clause 3(b), the Hirer must
pay the Owner 30% of the Total Fees upon acceptance of the order/quote by the
Owner. (d) Subject to clause 3(b), the Hirer must pay the balance of the Total Fees to
the Owner at least 10 days prior to the scheduled delivery or collection of the
Equipment. (e) The Owner has no obligation whatsoever to hire, deliver or allow
collection of the Equipment until the Total Fees are paid in full. (f) A daily Hire Fee
will apply to any Equipment not returned on time until the time the Equipment is
returned to the Owner (part days will be treated as a whole day). (g) All payments
must be made to the Owner by credit card, bank transfer or cash in Australian
currency. (h) The Owner may require certain security details (such as proof of
identification or personal or third party guarantees) prior to accepting an order to
hire the Equipment. The Owner has the right to not accept an order until sufficient
security is provided (as determined in the Owner’s absolute discretion). (i) All prices
on the Owner’s website are in Australian Dollars (AUD).
4. CANCELLATION
(a) Subject to the provisions of this clause 4, the Hirer may terminate the Contract
or cancel its order for some of the Equipment upon providing to the Owner written
notice of such termination or cancellation prior to the Commencement Date. (b) If
the Hirer wishes to cancel the hiring of some Equipment, it must clearly identify (in
the notice provided to the Owner pursuant to clause 4(a)) each and every item of the
Equipment which the Hirer no longer requires. (c) The Hirer agrees and
acknowledges that if it terminates a Contract or cancels its order for some of the
Equipment, it will be liable to pay the Owner (by way of liquidated damages and not
by way of penalty): 1. 30% of the Total Fees (applicable to the Equipment no longer
required) if written notice of termination or cancellation is received by the Owner
more than 21 days before the Commencement Date; 2. 50% of the Total Fees
(applicable to the Equipment no longer required) if written notice of termination or
cancellation is received by the Owner more than 24 hours before the
Commencement Date; or (but not more than 21 days). 3. 100% of the Total Fees
(applicable to the Equipment no longer required) if written notice of termination or
cancellation is received by the Owner within 24 hours of the Commencement Date.
(d) The Owner may retain any pre-payments received by the Hirer as part of or full
payment for the amounts payable by the Hirer pursuant to clause 4(c). (e) The
Owner has no obligation whatsoever to hire any Equipment to the Hirer that is
subject to a cancelled order or terminated Contract.
5. DELIVERY AND RETURN
(a) Delivery, collection and/or return of the Equipment is at the Hirer’s expense. (b)
The Hirer must sign all delivery documentation requested to be signed by the Owner
and/or the forwarding carrier. (c) The Equipment shall be returned in a reasonably
clean, but not necessarily sterile state or a cleaning fee may apply. (d) All
Equipment comprising of crockery, cutlery and glassware must be rinsed, cleaned
(with all food matter removed) and dried before being returned to the Owner. If
crockery, cutlery or glassware is not returned in a clean condition (as determined by
the Owner in its absolute discretion), the Hirer will be charged and agrees to pay the
Owner a cleaning fee of $0.25 per item. (e) If the Owner is required to deliver
Equipment, the Hirer must provide safe and proper access to the delivery site,
including making sure that the site will be clear of all obstructions to allow the
Owner to erect, install or place the Equipment safely. (f) The Hirer is liable for and
indemnifies the Owner on a full indemnity basis, its employees or agents against all
injury, death, loss or damage suffered by any of them while at the delivery site,
unless such injury, loss or damage is caused by the negligence of the Owner, its
employees or agents. (g) The Hirer agrees and acknowledges that it will pay the
Owner additional delivery charges (as reasonably determined by the Owner) for
delivery of any Equipment above or below street level at the delivery site.
6. PICK UP/COLLECTION
(a) If the Hirer collects the Equipment from the Owner’s premises, the Hirer will be
required to show their drivers license or passport identification in which a copy will
be taken for security measures by the Owner. (b) The Owner, its employees or
agents must witness the return of any Equipment to the Owner’s premises. (c) If any
Equipment is returned not in accordance with clause 6(b), the Hirer agrees and
acknowledges that it will be responsible for any loss or damage to such Equipment.
7. DAMAGE AND DAMAGE WAIVER FEE
(a) The Hirer is responsible for the Equipment from the time of delivery/collection
until collection/return by or to the Owner. (b) Subject to clause 7(c), the Hirer agrees
and acknowledges that it must pay for all damage to or loss of the Equipment
however caused during that period. (c) Payment of the Damage Waiver Fee by the
Hirer is optional. Subject to clause 7(d), if paid by the Hirer, the Damage Waiver Fee
covers all costs associated with normal wear and tear and damage to the
Equipment hired, however the Damage Waiver Fee does not relieve the Hirer of its
liabilities under clause 7(b) to pay for lost Equipment or damaged Equipment if such
damage is a result of: 1. overloading, exceeding rated capacity, misuse, abuse or
improper servicing of the Equipment; 2. the use or operation of the Equipment is in
contravention of these Conditions; 3. any unknown cause; 4. cigarette burns, marks
or stains on any furniture or décor items; 5. red wine or any other significant (as
determined by the Owner in its absolute discretion) stains on any furniture or décor
items; 6. candle wax on linen or other material products; 7. the weather (including
without limitation sun, heat, cold, rain, hail, wind or storm); or 8. Equipment which
is sub-hired or sub-leased with the consent of the Owner. (d) Payment of the
Damage Waiver Fee by the Hirer will only cover damaged glassware and/or crockery
up to the amount of the Damage Waiver Fee. The Hirer will be responsible for and
liable to pay the Owner the Replacement Fee for all damaged glassware and/or
crockery that exceeds the amount of the Damage Waiver Fee. (e) The Hirer must
return to the Owner (at the Hirer’s expense) all damaged Equipment, otherwise
such Equipment will be classified as lost. (f) Unless the Owner offers damaged
Equipment for sale to the Hirer or damage to Equipment is covered by the Damage
Waiver Fee, the Hirer agrees and acknowledges that it must pay the Owner: 1. the
Replacement Fee for all Equipment that is lost or damaged to the extent that it
cannot be re-hired by the Owner; or 2. if such damaged Equipment can be repaired
for less than the Replacement Fee, the amount it will reasonably cost the Owner to
repair such Equipment (as determined by the Owner in its absolute discretion).
8. EQUIPMENT FAULT
In the event that the Equipment breaks down or becomes unsafe to use during the
Term, the Hirer must: (a) immediately stop using the Equipment and notify the
Owner in writing; (b) take all steps necessary to prevent injury or death occurring to
persons or property as a result of the condition of the Equipment; (c) take all steps
necessary to prevent any further damage to the Equipment itself; and (d) not repair
or attempt to repair the Equipment without the prior written consent of the Owner.
9. SUBSTITUTION
The Owner reserves the right at any time to substitute any portion of the Equipment
ordered by the Hirer with Equipment of similar or like description or performance.
10. INSURANCE
(a) It is the Hirer’s responsibility to obtain any and all proper and appropriate
insurances (such as public and property liability insurance and insurance coverage
for the full replacement value of the Equipment) in respect of and in connection
with the hire of the Equipment. (b) The Hirer acknowledges that the Owner may
refuse the hiring, delivery or collection of Equipment unless the Hirer has taken out
appropriate insurance policies (as determined by the Owner in its absolute
discretion) and provides the Owner with certificates of currency of such insurance
policies.
11. DEFAULT EVENTS
(a) A “Default Event” will occur if the Hirer: 1. breaches any of these Conditions and
fails to rectify such breach within seven (7) days of being requested by the Owner to
do so; 2. breaches any of these Conditions and such breach cannot be remedied; or
3. becomes insolvent as defined in the Corporations Act 2001 (Cth), goes into
liquidation or commits an act of bankruptcy under the Bankruptcy Act 1966 (Cth).
(b) If a Default Event occurs, the Owner may terminate the Contract and without
previous notice to the Hirer, enter any site or premises where the Owner deems the
Equipment to be situated and re-possess such Equipment.
12. ACKNOWLEDGMENT OF OWNERSHIP
The Hirer agrees and acknowledges that the Owner remains the legal owner of the
Equipment at all times and these Conditions do not give any rise to any hire
purchase agreement, leasing agreement, or an option to buy the Equipment.
13. ASSIGNMENT
The Contract for the hire of Equipment is personal to the Hirer and must not be
assigned without the prior written consent of the Owner (which consent may be
withheld in the Owner’s absolute discretion).
14. SUB-HIRE OR SUB-LEASE
The Hirer must not sub-hire or sub-lease the Equipment without the prior written
consent of the Owner (which consent may be withheld in the Owner’s absolute
discretion or given subject to such conditions as the Owner sees fit).
15. FORCE MAJEURE
The Owner will not breach these Conditions and will not be liable to the Hirer for any
delay or failure to perform its obligation under this agreement due to a Force
Majeure Event.
16. INDEMNITY
The Hirer hereby indemnifies and must keep indemnified (on a full indemnity basis)
and releases and forever holds harmless the Owner, its employees and agents for
any losses, expenses, costs, damages, injuries, death, proceedings, claims and
demands of every description (Losses) arising directly or indirectly in relation to the
Hirer’s use of the Equipment, the Hirer’s breach of these Conditions or the Owner’s
enforcement of any of its rights under these Conditions or generally under law,
unless such Losses result from the negligence of the Owner, its employees or
agents.
17. AUTHORITY
(a) Any person signing these Conditions on behalf of the Hirer hereby covenants that
he or she has the authority to sign on behalf of and bind the Hirer to these
Conditions. (b) Where the Hirer is more than one person liability shall be joint and
several.
18. SEVERENCE
(c) If a contract constituted by these Conditions is a ‘consumer contract’ or ‘small
business contract’ (each as defined in the Australian Consumer Law in Schedule 2
to the Competition and Consumer Act 2010 (Cth) (ACL)) and a term of that contract
would, but for this clause be ‘unfair’ (as defined in section 24(1) of the ACL), the
Owner may only apply or rely upon that term to the extent that doing so is
reasonably necessary to protect the Owner’s legitimate interests. (d) If any provision
of these Conditions are not enforceable in accordance with its terms, other
provisions which are self-sustaining are, and continue to be, enforceable in
accordance with their terms. (e) If any part of these Conditions is invalid or
unenforceable, that part is deleted and the remainder of the Conditions remains
effective.
19. ENTIRE AGREEMENT
The Contract constitutes the entire agreement between the parties relating in any
way to its subject matter, unless agreed to otherwise by the Owner and Hirer in
writing.
20. GOVERNING LAW
These Conditions are governed by the laws of South Australia and the Hirer and the
Owner submit to the jurisdiction of the courts of South Australia.