PART A. UNDERSTANDING THIS AGREEMENT
Agreement means this Equipment Hire Agreement comprised of the Details and Terms.
Booking Date is the date specified for hire.
Bond is the amount specified on your invoice.
Collection Date is the date the equipment will be collected.
Claims are any costs, expenses, losses, damages and liabilities (including legal cost on a full indemnity basis) suffered or incurred by actions, proceedings, demands and claims brought, made or recovered by any person against the Owner.
Delivery Date is the date the equipment will be delivered.
Depositis the amount charged to secure your booking.
Encumbrance means any encumbrance or security interest and includes any legal or equitable mortgage, charge, pledge, lien, title retention or conditional sales agreement, option or restrictions about transfer, use or possession.
Equipment is the items supplied to the hirer by owner for the duration of the hire period.
GST is a tax imposed on the supply of goods or services
Hire Fee is the fee set by owner
Insolvency Event mean a party:
(a) becomes or states they are insolvent;
(b) becomes or passes a resolution to become an externally administered body corporate;
(c) cannot pay its debts as and when they fall due or becomes insolvent under administration;
(d) has proceedings brought against them under a bankruptcy or insolvency law and such proceedings are not discharged or strayed within 30 days; and/or
(e) becomes subject to the appointment of an administrator, provisional liquidator, trustee in bankruptcy or has a controller appointed in respect of any property.
Permitted Use means using the equipment for the reasonable functional or recreational purpose that the equipment is intended be used by children under the age of four years of age.
Site is the area in which the equipment will be setup.
Term means the period from delivery to collection.
1. Interpretation
in this agreement
1.1 the singular includes the plural and vice versa;
1.2 a reference to "$" or dollars is to Australian Dollars;
1.3 no rule of construction applies to the disadvantage of a party because that party put forward this agreement or any portion of it.
1.4 if a provision of this agreement would, but for this clause, be unenforceable:
1.4.1 the provision must be read down to the extent necessary to avoid that result; and
1.4.2 if the provision cannot be read down to that extent, it must be served without affecting the validity and enforceability of the remainder of the agreement.
PART B. EQUIPMENT HIRE
2. Hire
2.1. The Owner agrees to hire the equipment to the hirer, and the hirer agrees to hire the equipment from the owner, for the duration of the hire period.
2.2. Prior to hiring the equipment, the hirer warrants the site has been inspected and determines that the owner will have a reasonable and safe means of access the site and there is a suitable place on site where the equipment can be set up for use and operation. The area must be dry and shaded if not indoors.
2.3. The hirer may only use the equipment for the permitted use.
2.4. At times during the term of hire, the hirer must, unless with consent of the owner:
2.4.1. not move or disassemble the equipment from the position where the equipment has been setup by the owner;
2.4.2. when not in use, leave the equipment in a safe condition at the site;
2.4.3. not remove the equipment from site
2.4.4. ensure the equipment is secure from theft, damage, defacing and destruction.
2.5. The owner may inspect the equipment at any time during the term.
2.6. When operating the equipment, the hirer must have a supervisor supervise the operation and use of the equipment and must provide them with a copy of these terms and rules of play.
2.7. The supervisor must ensure the equipment is:
2.7.1 operated and used in accordance with all applicable standards concerning the equipment.
2.7.2 not soiled by, or allowed come into contact with food, drinks, water, animals, cigarettes, face paint, ink, any sugar-based substances, chewing gum or any item (including but not limited to sharp objects) high heels that may cause irreparable damage of harm to the equipment;
2.7.3 the owner reserves the right to cancel your booking should face painting, messy play or art like activities be booked in conjunction with the soft play equipment.
2.7.4 operated and used in accordance with any procedures and guidelines in relation to the equipment as provided by the owner;
2.7.5 not used if at any time during use and operation any part of the equipment breaks or gets damaged.
2.7.6 cleaned after use and ready for collection by the owner on the collection date at the agreed time.
3. Delivery
3.1. Unless agreed otherwise, the owner will deliver the equipment to the site for use by the hirer on the delivery date. If the hirer informs the owner that he/she wishes to set a later delivery/collection date, the owner will use reasonable endeavours to accommodate such a request.
3.2. The hirer must afford the owner clear and unrestricted access to the site so that the equipment can be delivered and setup for use and operation.
3.3. If the equipment is being setup outdoors, the area must be flat, dry and shaded. Prohibited areas include sand, gravel, mud and uneven surfaces
3.4. The person delivering the equipment for and on behalf of the owner shall have absolute discretion as to selecting a place at the site where the equipment many be safely installed or setup for use and operation.
3.5. If the owner determines (acting reasonably) that despite the warranty given by the hirer at clause 3.2 above that the site cannot be accessed safely, the owner may elect to terminate the arrangements under this agreement and retain all monies excluding bond.
3.6. If the owner determines (acting reasonably) that clause 3.3 cannot be achieved, the owner may elect to terminate the arrangements under this agreement and retain all monies excluding bond.
3.7. Please note, we charge a Stair/Elevator charge of $100. If we are not made aware of the relevant information prior to delivery, this amount will be deducted from your bond. We will only deliver items up one flight of stairs and this is limited to selected items. Some of our equipment is too big and heavy and selected pieces aren't possible to be carried up stairs or placed inside a lift due to OHS. To avoid disappointment, if you fail to make us aware prior, we reserve the right to deny your hire and only provide items we deem ok. The full hire cost is still applicable.
3.8. A delivery / setup / collection fee will apply to all bookings.
3.9. Delivery times are between 9am - 5pm. Deliveries outside of these times must be agreed prior and an outside of normal business hours charge will apply. Charges start at $100.
PART C. FEES AND CHARGES
4.Hire Fee
4.1. A $200 deposit is payable on the booking date (part payment). The balance of the hire fee including bond shall be payable no later than 7 calendar days before the delivery date. If the balance of the hire free is not paid within this timeframe, the owner may (acting reasonably) terminate the arrangements under this agreement. The deposit is not refundable.
4.2. The deposit and balance of the hire fee may be paid via direct deposit into an account nominated by the owner.
4.3. The owner will be entitled to retain part or all of the security bond if the hirer fails to comply with Section 2. If the bond is insufficient to cover any such costs, the owner may take action to recover the shortfall.
4.4. In addition to the hire fee, the owner may retain part or all of the security bond as a cleaning charge if the hirers fails, in breach of clause 2.7.6.
4.5. The owner has the right to alter/change prices on the website www.toddlereventspartyhire.com.au without notice.
PART D. MAINTENANCE
5. Maintenance and Repair
5.1. The hirer agrees to make the equipment available for repair, service and maintenance by the owner as and when reasonably requested by the owner. The owner will be liable for the cost and expense of such repair, service and maintenance works. The owner will ensure that it minimises any disturbance to the hirer's use and enjoyment of the equipment when undertaking any repairs, servicing or maintenance of the equipment in accordance with this clause 5.1. and will only undertake such works at a time convenient to the hirer.
5.2. If the equipment is damaged, the hirer must:
5.2.1. isolate the piece of damaged equipment and do not let children play with or near the damaged item.
5.2.2. promptly notify the owner and provide written details (incident report) of the damage to the equipment and the circumstances giving rise to the damage;
5.2.3. comply with the owner's directions as regards to the preservation and storage of any broken parts of the equipment; and
5.2.4. if the damage is caused by any breach of these terms, rules of play, negligent acts, or omissions of the hirer, promptly pay the reasonable and substantiated costs and expenses incurred in repairing or replacing the equipment. The hirer indemnifies the owner for any such reasonable and substantiated costs and expenses.
5.3. Where the equipment is faulty or ceases to work for any reason except where ceased directly or indirectly by the acts or omissions of the hirer, the owner will, at their cost and in its sole discretion, repair or re-supply that equipment.
5.4. The hirer must inspect and check all equipment and notify the owner at the time of delivery if there is any equipment missing, damaged or unfit for use. Failure to do so so will see the hirer responsible for any damages or missing equipment on collection.
PART E. END OF HIRE AGREEMENT
6. Return of Equipment
6.1. On the collection date or upon termination of this agreement, the hirer shall make the equipment available for collection by the owner at the site in a clean and tidy state.
6.2. The hirer grants the owner an irrevocable licence to enter the site in order to repossess the equipment.
PART F. RISK AND TITLE
7. Risk in the equipment passes to the hirer at the time of delivery on the agreed delivery date and remains with the hirer until such time the owner takes back possession of the equipment. Once the owner has taken possession the risk passes back from the hirer to the owner.
8. Title to the equipment do not pass to the hirer not withstanding the possession and use of the equipment by the hirer.
PART G. WARRANTIES AND INSURANCE
9. As is Basis
9.1. The equipment is hired to the hirer on an "as is" basis being the condition of the equipment as at the delivery date.
9.2. To the extent permitted by law, any implied terms, representations or warranties as to the fitness, quality, suitability for purpose or condition of the equipment are excluded.
10. Representations and Warranties
10.1. The hirer warrants and represents to the owner that the hire has full legal capacity and power to enter into and perform its obligations under this agreement.
10.2. The owner makes no warranty or representation in relation to any of the devices provided to the hirer.
10.3. Except as required by the mandatory operation of law all implied terms and conditions excluded.
11. Insurance and Liability
11.1. The hirer releases the owner from all claims in connection with the hire of equipment, including in connection with its use.
11.2. The hirer will indemnify the owner from all claims in connection with its use of the equipment, the hirer's acts or omissions (whether negligent or otherwise) including those of the hirer's employees, agents and contractors and any breach of the agreement by the hirer.
11.3. To the fullest extent permitted by law, to the extent not excluded by this agreement, the owner's liability is limited to the repair or re-supply of equipment (at its sole discretion).
11.4. The hirer will, on demand, pay the deductible of any applicable insurance policy held by the owner if an insurable event occurs in relation to the equipment during the term.
11.5. The hirer will not do, or fail to do, anything which could:
11.5.1. prejudice the owner's insurance in respect of the equipment;
11.5.2. cause the premiums for such insurance to be increased;
11.5.3. lead to the cancellation or refusal of insurance for the equipment.
11.6. The hirer agrees to defend, indemnify, assume liability for and hold the owner harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including lawyer fees and court costs arising out of or resulting from the use of equipment, regardless of the basis.
PART H. TERMINATION
12. Right of Termination
12.1. The owner may terminate this agreement immediately by written notice to the hirer if:
12.1.1. any amount payable by the hirer is not paid when due;
12.1.2. the hirer breaches any provision of this agreement or the rules of play agreement;
12.1.3. the site is not accessible or suitable for setup
12.2. The hirer may terminate this agreement immediately by written notice to the owner if:
12.2.1 the owner breaches any provision of this agreement and does not remedy that breach within 7 days; or
12.2.2 an insolvency events occurs in relation to the owner.
13. Consquences of Termination
13.1 the hirer must, at their own cost, return the equipment to the owner at a place specified by the owner in writing;
13.2. if the hirer does not return the equipment in accordance with clause 13.1. the owner may repossess the equipment at the hirer's cost;
13.3. where the owner terminates this agreement the hirer will pay, liquidated damages and not as a penalty, the amount equal to the hire hire that would have been payable for the balance of the term
13.4. any accrued rights and remedies to which a party to this agreement may be entitled or be subject to before its terminations or which arises from the event of termination will remain in effect.
PART I. GENERAL
14. Entire Agreement
14.1. This agreement represents the parties' entire agreement and supersedes all prior representations, communications, contracts, statements and understandings, whether oral or in writing, relating to its subject matter.
14.2. The hirer will be bound by the terms and conditions, rules of play by either signing the acknowledgement or by making any payments in respect of the hire of the equipment.
15. No Wavier
15.1. A party waivers a right under this agreement only by written notice that wavies that right.
16. Assignment
16.1. The hirer must not, without the prior written consent of the owner;
16.2 assign or transfer any right or obligation under this agreement; or
16.3 grant any person any encumbrance in respect of the equipment.
17. Notice
17.1 For the purpose of this clause 17, notice includes any consent or approval which may be given under this agreement. Notice can only be in writing by the party or its agent. Notice can only be given to a party:
17.2. personally,
17.3. by registered post to the recipients
17.4. by email
18. Amendment
18.1 This agreement can only be amended by written agreement of the parties.
19. Governing Law and Jurisdiction
19.1 This agreement is governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia in respect of any mater connected with this agreement.
BY TRANSFERRING YOUR DEPOSIT (PART PAYMENT) TO SECURE YOUR BOOKING YOU ARE ACKNOWLEDING THAT YOU AGREE WITH THE TERMS AND CONDITIONS OUTLINED ABOVE FOR HIRE.
