Terms & Conditions
WPHP-2500 – Terms and Conditions of Hire
Here’s all the legal mumbo jumbo. It’s the stuff that lawyers love, but that the average user seldom reads, let alone understands. Basically it states we promise to never screw you over. In turn, we expect you to play fair and stick to our terms.
There are a couple of really important parts in these terms and conditions that you really do need to know about, so at least read these bits please:
You are HIRING this equipment, not buying it, so it needs to be returned to us in the same condition as when we delivered it to you.
If we have told you that you need to do something to get your place ready for us (like pruning a tree or moving pot plants), you actually need to do those things. Our insurers won’t allow us to move your belongings or do work around your house.
If we show up to work at your place and your place is unattended or not ready for us, we may not be able to do the work we said we would do. This won’t be our fault.
It’s our job to deliver the equipment to your satisfaction. It’s your job to look after the gear and not alter it in any way. This is REALLY important with marquees because if you take out any of the frame parts, the structure will be unstable and our engineers will have a fit. Not only that, if something goes wrong our insurers will chase you for the cost of repairs.
Some gear can be unsafe in windy conditions. For your safety please read section 7.
OK, that’s the end of the executive summary. We encourage you to read all of these terms and conditions because if anything does go wrong, this is the stuff our lawyers will look to enforce.
1.1 In these Terms and Conditions of Hire the following terms have the following meanings:
1.1.1 ‘Claims’ means any claim, legal action or liability for damages or compensation; liability to pay any fine or penalty; expenses, including repair and legal costs; consequential losses; and injury, including personal injury and death;
1.1.2 ‘Contract’ means the contract to hire the Equipment, constituted by the Order, these Terms and Conditions, any Special Terms and such other documents or written communications which evidence the agreement between the Owner and the Hirer;
1.1.3 ‘Equipment’ means all properties which the Owner agrees to hire to the Hirer;
1.1.4 ‘Hire Period’ means the period for which the Equipment is hired, as shown on the Order or subsequently agreed between the Owner and Hirer;
1.1.5 ‘Hirer’ means the person, persons or company to whom the Order is addressed and includes their legal representative, administrators, successors and/or permitted assignees;
1.1.6 ‘Order’ means the form used by the Owner for the placement of orders to hire Equipment;
1.1.7 ‘Owner’ means Walkers Party Hire and includes its servants or Agents;
1.1.8 ‘Period of Hire’ means the period of time from the commencement date shown on the Order or the time the equipment is delivered to the Hirer whichever is the latter until the date when the Equipment is scheduled to be returned to the Owner
1.1.9 ‘Price’ means the price for hiring the Equipment, as shown on the Order or subsequently agreed between the Owner and Hirer;
1.1.10 ‘Site’ means the premises the Hirer specifies as the delivery address for the Equipment.
1.1.11 ‘Special Terms’ means any terms (other than these Terms) which are specified in the Order, or subsequently agreed in writing between the Owner and Hirer; and
1.1.12 ‘Terms’ means these terms.
2.1 Unless otherwise stated in writing the Owner’s quotation will be valid for a period of up to seven days from the date of issue.
3 Hiring Cost
3.1 The Hirer must pay to the Owner the cost of hiring the Equipment as well as all costs incurred by the Owner (including labour costs):
3.1.1 for delivery and pick-up of the Equipment, including any additional costs for delivery or pick-up to other than street level;
3.1.2 for providing any service to the Hirer outside of ordinary weekday work hours;
3.1.3 if the Site is not adequately prepared for delivery and/or installation of the Equipment;
3.1.4 if the Owner cannot obtain access to the Site;
3.1.5 arising from a variation to the Contract;
3.1.6 arising from a failure of the Hirer or their representative to be in attendance on the agreed date for delivery or collection of the Equipment;
3.1.7 in cleaning the Equipment where it has been returned in an unclean state;
3.1.8 in enforcing any provision of the Contract against the Hirer; and
3.1.9 for replacement of any Equipment not returned by the Hirer or available for collection by the Owner at the end of the Hire Period, or at the Owner’s election 100% of the daily rate applicable under the Contract for each day or part thereof that the Equipment remains unreturned.
4 Booking – the Contract
4.1 Acceptance of the quotation is subject to receipt of a purchase order (for credit account Hirers) or payment of a non-refundable booking fee by EFT, credit card, cash or cheque (for non-credit account Hirers). The booking fee will be 30% of the invoiced amount or $500, whichever is the greater. If the total Price is less than $500, full payment is required at the time of booking and will be treated as a booking fee.
4.2 The Hirer’s credit card details are to be provided at the time of booking as a security bond for all Equipment.
4.3 The Hirer will signify acceptance of these Terms and Conditions by paying a booking fee.
5 Cancellation of the Contract
5.1 In the event that the Hirer cancels a booking more than twenty eight (28) days before the agreed delivery date, any payment made will be credited against a subsequent booking made by the Hirer provided that the subsequent booking is made for an event date within 12 months of the original event date.
5.2 In the event that the Hirer cancels a booking less than 28 days but more than 48 hours before the agreed delivery date, any payment made will be forfeited.
5.3 In the event that the Hirer cancels a booking less than 48 hours before the agreed delivery date, full payment is to be made.
5.4 The Owner may elect to waive or vary this cancellation clause at their absolute discretion.
6.1 The Hirer may elect to pick up and/or return the Equipment to the Owner’s premises or have the Owner deliver and/or collect the Equipment from the Hirer’s premises.
6.2 If the Hirer elects to pick up and/or return the Equipment, the Hirer agrees to provide their current credit card details and a copy of their current NSW Drivers Licence to the Owner.
6.3 If the Hirer seeks to have the Owner deliver the Equipment every endeavour will be made to complete delivery at the time or date stated but no liability can be accepted for late delivery or non-delivery.
6.4 Unless otherwise stated the Owner will not accept cancellation of an order due to late delivery, nor shall the Owner be liable for consequential damages of any kind arising out of late delivery or non-delivery.
7 Hirer’s Responsibility
7.1 Weather Conditions
7.1.1 The Hirer must take care to avoid accidents during extreme weather conditions. Strong winds can render any object dangerous.
7.1.2 Framed marquees have a wind rating of 80 km/hr. If wind gusts exceed this safe limit the Hirer is to evacuate the structure and retreat a safe distance.
7.1.3 Umbrellas and pop-up shelters are not constructed to withstand strong winds and must be collapsed if the prevailing wind has the potential to pose a threat to persons or damage the equipment. Generally for umbrellas the recommended maximum safe wind speed is 10 knots (approximately 18km/hr).
7.2 Site Conditions
7.2.1 The Hirer must advise the Owner of any site conditions which may affect the proper use of the Equipment including, but not limited to, all underground services or pipes. Any damage to utilities or services shall be repaired at the Hirer’s expense.
7.3 Security of Equipment
7.3.1 The Hirer is responsible for the security of the Equipment until such time as it is returned to, or collected by, the Owner. If the Equipment is stolen or damaged the Hirer agrees to indemnify the Owner for such loss or damage at the current replacement cost of the Equipment. The Hirer agrees that the Owner may charge the cost of replacement or repair of the Equipment to the credit card provided by the Hirer.
7.3.2 In the event of the Equipment being stolen or damaged the Hirer is to notify the Owner immediately stating the full circumstances of the loss or damage. Until the Owner receives such notification, the hiring charges will continue. If requested by the Owner, the Hirer is to notify the police and provide the Owner with any ‘Event Number’ or other details provided by the police.
7.4 Safety of Equipment
7.4.1 The Owner complies with the relevant Occupational Health and Safety Acts of NSW. The Hirer is to ensure adequate safety measures are adopted at the Site. The Hirer will authorise any inspections to ensure that there are no alterations or modifications to any Equipment made by any person other than an employee of the Owner.
7.5 Use of Equipment
7.5.1 The Hirer is to use the Equipment in a proper manner and in accordance with any instructions available for the Equipment. Furniture items are not to be left in areas where they may get wet.
7.5.2 The Hirer will service, clean and maintain the Equipment in good and substantial repair and condition, reasonable wear and tear excepted.
7.5.3 The Hirer must ensure their guests and users of the Equipment are aware of these conditions. An adult must supervise all children using, or in the vicinity of, the Equipment at all times.
8 Termination by the Owner
8.1 The Owner may terminate this Agreement and repossess the equipment in any of the following events:
8.1.1 if the Hirer does or permits any act or thing whereby the Owner’s rights in the equipment may be prejudiced;
8.1.2 if the Hirer shall become or be made insolvent or bankrupt; or
8.1.3 if the Hirer commits any breach of this Agreement.
8.2 For the purposes of repossessing the equipment, the Owner may enter into or upon any premises where the equipment may be held without prejudice to the rights of the Owner to recover from the Hirer any moneys due hereunder or any damages for breach hereof and the Hirer indemnifies the Owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
9 Consequential Costs or Damages
9.1 The Owner shall not accept any consequential costs or damages arising from the failure, delay, bad weather or malfunction of the Equipment. The Hirer is responsible for taking precautions to ensure alternative arrangements are made in such a situation.
10.1 For all non-account Hirers payment is required as follows:
10.1.1 30% non-refundable booking fee on acceptance of the Order by the Owner;
10.1.2 the balance seven (7) days prior delivery/collection.
10.2 The Owner is not obliged to deliver possession of the Equipment to the Hirer until payment has been confirmed.
10.3 Payments being made by cheque are to be received by the Hirer at least 7 days prior to the delivery date. In the event that a cheque is dishonoured the Hirer will be charged a dishonoured cheque fee of $50 by the Owner. Further the Hirer agrees that the Owner has the right to charge the entire amount including the dishonoured cheque fee to the credit card supplied by the Hirer.
10.4 Unless alternative arrangements have been agreed between the Owner and the Hirer payments by account Hirers must be received within the Owner’s trading terms, namely 7 days from invoice. Failure to meet the Owner’s trading terms will result in the supply of further goods to be withheld until such time as the payment is made in full. The Owner reserves the right to charge interest up to 10% per month on overdue accounts. Should payment in full not be paid within 60 days, the Owner has the right to charge the entire overdue amount to the credit card supplied by the Hirer.
10.5 In the event that payment cannot be made via credit card, legal action may be taken to recover the debt owing without further notice and all credit facilities will be closed. Any expenses, costs or disbursements incurred by the Owner in recovering any outstanding monies including dishonoured cheques, debt collection agency fees and solicitor’s costs shall be paid by the Hirer. In order to retake possession of the Equipment, the Owner may enter into or upon any premises where the Equipment may be and the Hirer hereby agrees to indemnify and to keep indemnified the Owner against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Owner arising from the Owner’s entry into or upon any premises in exercise of its rights of repossession.
11 Display of Name
11.1 The Owner’s signage may appear on the Equipment. The Hirer must not conceal or obliterate any such signage, nor can the Hirer claim any charges from the Owner for advertising in respect of such signage.
12.1 Any documentation published by the Owner including but not limited to these terms and conditions, price lists and brochures may be changed without notice. All current documents are published on the Walkers Party Hire website www.walkershire.com.au