- The “business” means Kelly’s Party Hire ABN 55 629 387 999, their employees, sub contractors or agents.
- The “hirer” means the company or agent of The Hirer.
- The “equipment” means goods hired as they appear on the tax invoice
- The “agreement” means the Hire Agreement / Tax Invoice between the Business and the Hirer of the equipment.
- Hirers Responsibilities
The Hirer is responsible for:
- All Equipment rented from the time of delivery and until the Equipment are collected by the Business or returned by the Hirer to the Businesses premises.
- To thoroughly wash, clean and pack the Equipment in boxes, cartons or receptacles provided by the Business and that all Equipment comprising tables and chairs shall be neatly and properly stacked for collection by the Business. The Business’s employees (including its driver/s) will not re-pack Equipment collected by the Business at the end of the rental period, unless agreed in writing by the Business.
- Erecting and dismantling Equipment delivered by the Business to the Hirer (only when agreed by the Business and stated on the Hire Agreement/Tax Invoice). The Hire shall bear the sole risk and expense related to and associated with such services.
- Rental Rates and Quotations
- The Business quotations for rental of the Equipment are subject to an inspection of the site and the erection and dismantling of Equipment, during ordinary working hours (8am – 4pm, Monday – Friday). If site grounds or floors are uneven, the Business may in its sole and absolute discretion impose an additional fee for labour and materials for leveling of the site and the Customer agrees to pay the said fee.
- Rental prices quoted by the Business are for a minimum 24 hour rental. The hiring charges are for the agreed period as per the tax invoice or Agreement. If the equipment is unavailable for pick up or return, the Business reserves the right to charge the Hirer for extra time as per the 24 hour rate.
- All rental prices quoted are subject to change by the Business in its sole and absolute discretion without any notice to the Hirer.
- 25% deposit required on Agreement unless otherwise agreed by the Businesses.
- Agreement to be paid in full 3 days prior to delivery unless otherwise agreed by the Businesses.
- If the Hirer cancels the Agreement, the Business reserves the right to charge the following.
10% of agreement – if cancelled 7 – 14 days prior to delivery
25% of agreement – if cancelled 7 – 4 days prior to delivery
50% of agreement – if cancelled 4 – 2 days prior to delivery
100% of agreement – if cancelled 1 day or the day of agreed delivery
- All Hirers, unless prior arrangements are made, are required to offer a valid credit card as security and to reserve hire equipment exclusively.
- The Hirer authorises the Business to action any charges on that credit card given as security, in accordance with the Business’s policies. The Hirer also authorises the Business to action charges on that credit card given as security in relation to missing, damaged or dirty items.
- Delivery and Pick up of the Equipment is at the Customer’s expense.
- The Hirer is responsible for being present to accept delivery of the equipment. The Hirer is responsible for any loss or damage incurred if they arrange Equipment to be delivered without being present or without an authorised agent present i.e. The Hirer is responsible for losses or damage resulting from equipment being delivered to an unattended premises or location as requested by the Hirer.
- Quoted charges are for the delivery suburb and for a standard level access of 30 metres to the delivery point from the delivery vehicle. The Business reserves the right to charge the Hirer extra for difficult access which has not been quoted, disclosed or discovered until on site. Difficult access is defined as time consuming factors such as long carry, many stairs, obstructions, uneven ground, narrow passage, overhanging obstructions etc. Waiting time is also chargeable @ 25 / hour / person.
- In the event a Hirer’s order results in any additional / extra labour or overtime by the Businesses employees the related or associated cost and expense for that labour shall be payable by the Hirer to the Business on demand.
- The Business will do its best to carry out the Hirer’s delivery instructions but accepts no responsibility for the non arrival or late arrival of any Equipment.
- The Hirer shall be responsible for any loss of or damage to the Equipment for any reason.
- The Hirer agrees that at the end of Agreement any Equipment repairs or replacements will be paid in full by the Hirer.
- All glassware damage or breakage is charged at a fee of $4.80 + GST per glass
- Positioning of Equipment.
- The Hirer is responsible for indicating clearly the location of any overhead wires or underground pipes, conduits or other services which may suffer damage occasioned by the transport, assembly or dismantling of the equipment. The Business will take every care, but shall not be liable for any damage to the site, site access, plants or gardens beds, overhead or underground service or conduit.
- Insurance is the Hirer’s responsibility during the hire period. The Hirer is responsible for the security of the equipment at all times during the Hire period. Any lost, broken, damaged or destroyed equipment will be charged to the Hirer at full replacement value.
- Liability to Third Parties.
- The Business will not be liable for any claim for personal injury, death, loss or damage to the property however caused unless it is proved that such injury was caused by faulty material, workmanship or negligence on the part of the Business. The Businesses decision is final in all matters relating to these Terms & Conditions of Hire
- This Rental Agreement supersedes all negotiations and prior agreements, whether written or oral, in respect of the Business renting the Equipment, or Equipment of a similar class, category or description, to the Hirer.