These conditions of hire apply to all hires by the Owner to each Customer unless the Customer is otherwise notified in writing. No variation or cancellation of any of these Conditions of hire will be binding on the Owner unless agreed to by an authorised representative in writing.
Clause 1 – Quotation
Unless otherwise stated in writing the Owner’s quotation will be valid for a period of up to two days from date of issue, after which time acceptance of any order placed is subject to written confirmation. Acceptance of the quotation is subject to written confirmation of agreement of the T&Cs, and payment of deposit or order charges by the Customer.
The Customer agrees to the T&Cs when a payment is made to the Owner to secure the booking.
On commencement of hire without the Customer’s written confirmation to such action, it shall be deemed that the Customer agrees to and accepts these Terms and Conditions of Hire.
Actual Equipment might appear different to photographs or videos. The Owner will strive to provide the Equipment in the same condition and to replicate the same designs to best suit the Customer’s request. The Owner is not liable and will not offer any refunds.
Clause 2 – Deposit
A non-refundable deposit of a minimum of 50-100% is required to secure a quote unless agreed by Owner in writing.
The Owner will notify the customer of the deposit amount. This may vary at any time and is at the Owner’s discretion.
Cancellation and Variation of Orders
- Any cancellation will incur a fee being any payments already made before cancellation unless otherwise agreed by the Owner.
- Where the customer seeks to vary an order, an additional deposit or / and payment may be requested by the Owner.
Clause 3 – Use of Equipment
All Equipment supplied on hire is the property of the Owner and remains so until it is returned to the Owner. The Customer will be responsible for the Equipment until it is returned to the Owner, and shall maintain the Equipment in good condition, reasonable wear and tear excepted.
The Customer warrants that the Equipment will be returned in good working order to the Owner.
The Owner takes no responsibility to the suitability of the Equipment for a particular need or event, and it is the Customer’s responsibility to make that judgment on its own behalf.
The Owner takes no responsibility for any damage, injury or loss caused by the Equipment supplied to the Customer (Refer to Clause 12).
Clause 4 – Additional Equipment
If any specification changes are requested after confirming an order or following the commencement of hire by the Owner, the cost of such changes will be borne by the Customer.
The Owner may not be able to fulfil any changes, additions, or removal of hire items to an order following the initial confirmation of the order and is subject to availability.
Clause 5 – Extended Hire
The Customer must return all Equipment when it is due back. A continuing hire fee of:
- a minimum of $50 per day, and/or
- the full order bond paid
for all unreturned Equipment will be charged to the Customer until the Equipment has been returned.
The Customer shall give appropriate notice in writing to the Owner if any extension or termination of the hire is requested. No refunds will be issued for the early return of Equipment on extended hire.
Clause 6 – Delivery
The Owner makes no guarantee that Equipment will be available to meet every order unless a quote is accepted as per the ‘Quotation’ Clause. Every endeavor will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated the Owner will not accept cancellation of an order due to late delivery, nor shall be liable for consequential damages of any kind arising out of late delivery or non-delivery.
The return of the Equipment shall be agreed before the commencement of the hire by either pickup by Owner or drop-off by Customer to the Owner’s premises by the last day of the hire period. Additional charges may apply for pickup of Equipment by Owner. In the event that the Equipment is not available to be picked up by the end of hire period or has not been returned to the Owner’s premises by the last day of the hire period, then additional charges might apply.
The Customer shall ensure that suitable access to and egress from the site is adequate to suit the mode of delivery or pick up.
Clause 7 – Delivery Dockets and Site Approval
- The Owner’s Delivery Dockets shall be conclusive evidence of the quantity and identity of the Equipment delivered and as to the date of delivery.
- The Customer shall be responsible to ensure that the site is cleared and ready, and for giving any local or other authorities any necessary notice of their intention to erect the Equipment or to have Equipment erected and shall pay all fees in connection therewith. In the event that the Owner incurs or suffers any loss, costs or damages as a consequence of the Customer’s failure to carry out its obligations under these terms the Customer shall be solely responsible and shall indemnify the Owner for any such loss, costs or damages.
Clause 8 – Misuse Of Equipment
The Owner shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, weather events, force-majeure events or abuse of the Equipment by the Customer and the Customer agrees to keep the Owner indemnified in respect thereof.
Clause 9 – Security and Safety
- The Customer is responsible for the security of the Equipment until such time as it is returned to or collected by the Owner. In the event of the Equipment being stolen from the job site, the Customer shall notify the Owner in writing stating the full circumstances of the theft and the time the police were notified. Until the Owner receives such notification, the hiring charges will continue. The Customer shall also indemnify the Owner for any such loss of the Equipment at the current replacement cost of the Equipment, and must pay that cost to the Owner on demand.
- The Customer is to ensure adequate safety measures are adopted when necessary. The Customer will make any inspections to ensure that there are no breaches of safety requirements at the site whether imposed by authority or otherwise; and that all works are performed according to relevant safety codes, standards and manufacturer’s specifications; and that there are no alterations or modifications to any Equipment made by any person other than the Owner.
Clause 10 – Insurance
The Owner will not insure any Equipment. Any insurance policies undertaken are the sole responsibility of the Customer. The Customer bears all risk in relation to the Equipment and its use until the Equipment is safely returned to the Owner in good condition.
Clause 11 – Losses and Damages
The Owner must be notified immediately of any Equipment lost or damaged during the hire period.
The Customer indemnifies the Owner in respect of all such loss. The Customer must pay on demand to the Owner the following amounts;
- If the Equipment is lost, the Customer must pay to the Owner the current replacement cost of the Equipment;
- If the Equipment is damaged, the Customer must pay for all repairs;
- If no notice is given to the Owner of a lost item it shall be deemed as extended hire until such item is returned, and hire fees with continue until notice is given or the Equipment is found.
Clause 12 – No Liability for Indirect or Consequential Loss or Injury
The Owner shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence, and strict liability or otherwise. All warranties by the Owner to the Customer are excluded, to the full extent permitted by law. The liability of the Owner resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the Equipment to the Customer or the repair of the Equipment supplied to the Customer.
Clause 13 – Electrical Damage
Any damage to the Equipment caused by fusion or malfunction of electrical equipment is the Customer’s liability and the Customer must take adequate precautions. The Customer will be charged for any repairs required to the damaged equipment.
Clause 14 – Cleaning
The Equipment must be returned properly cleaned by the Customer. It is agreed that the whole or any part of the cost incurred by the Owner arising out of the failure by the Customer to clean the Equipment will incur a charge to the Customer.
Clause 15 – Payment Terms
All payments are strictly due as specified on the Owner’s Quotation.
The Owner reserves the right to charge interest on overdue accounts. Should payment in full not be paid within 15 days of the Equipment’s return date, legal action will be taken to recover the debt owing without further notice. Any expenses, costs or disbursements incurred by the Owner in recovering any outstanding Monies including debt collection agency fees and solicitor’s costs shall be paid by the Customer.
Clause 16 – Governing Laws and Venue
This Contract will be governed and constructed in accordance with the laws of the state of NSW, the parties submit to the jurisdiction of the Courts of that state for determination of any dispute claim or demand arising out of these Terms & Conditions.
“The Owner” means ABN 144 255 410 51 Trading as Star Events Hire Co. and includes its servants or Agents.
“The Customer” means the person or persons company to whom the Quotation is addressed to and shall include their legal representative, administrators, and successors and or permitted assignees.
“Equipment” means the items hired by the Customer from the Owner from time to time.