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PARTY EQUIPMENT HIRE

 

TERMS AND CONDITIONS OF HIRE

 

The following Terms and Terms must be accepted by the “Hirer” prior to “Just Party Supplies” making the goods or services available to the “Hirer”
1. Definitions
“goods” means all goods, equipment, consumables, accessories and packing
containers of whatever nature supplied by Just Party Supplies to the Hirer and “hire of goods” includes any services provided by Just Party Supplies

“GST” means GST within the meaning of the A New Tax System (Goods and
Services Tax) Act 1999 or as amended;
“Just Party Supplies” means Just Party Supplies situated at 856 Sydney Rd, Brunswick;
“Hire Period” means the time from when the goods leave the store used by Just Party Supplies until they return to it;
“Hirer” means the person, firm or company, jointly and severally if more than
one, hiring goods from Just Party Supplies;
“Site” means the site to which the goods are delivered;
“Terms” means these Terms and Conditions of Hire.
2. Basis of Contract
2.1 The Terms apply exclusively to every contract for the hire of goods by the
Hirer from Just Party Supplies and cannot be varied or supplanted by any other terms without the prior written consent of Just Party Supplies.
2.2 A written quote provided by Just Party Supplies to the Hirer regarding the proposed hire of goods is valid for 30 days and is an invitation only to the Customer to place an order based upon that quote. Any terms in Just Party Supplies’ quote form part of the Terms and if inconsistent will prevail.
2.3 If an order placed by the Customer is accepted by Just Party Supplies, Just Party Supplies agrees to hire the goods to the Hirer for the Hire Period for use at the Site on the Terms.
3. Hire Charges and variation
3.1 A minimum charge of $20.00 applies for any order.
3.2 All amount quoted is for use of the goods on one day only. Each additional
day’s use incurs an additional charge of 100% of daily rate.
3.3 Unless otherwise specified, any quotation assumes:
(a) delivery, installation, removal and return of goods being provided during
ordinary working hours;
(b) delivery being made to street level;
(c) grounds or floors being level and clear;
(d) the Customer unpacking, setting out, repacking and cleaning of goods.
3.4 Any variation to the assumptions in clause 3.2 and 3.3 will incur further
charges payable by the Hirer for additional equipment used, time spent or
overtime rates by Just Party Supplies.
3.5 Prices for the hire of goods exclude GST. In addition to the amount
payable, the Hirer must pay to Just Party Supplies the GST payable or remittable by Just Party Supplies for any goods and services provided.
4. Invoicing, payment and bonds
4.1 Payment for hire of goods and services must be made by:
(a) All prices include 10% GST

(b) Payment to be made in full upon on ordering;

(c) a security bond of $100.00 may be payable by the Hirer by credit card under these Terms.

4.2 Payment must be made by cash, credit card or EFTPOS.
4.3 Just Party Supplies may require a security bond to be paid in addition to any Hire fees.

Just Party Supplies may apply the security bond against any amounts payable by the Hirer under the Terms.
4.4 Upon the satisfactory return of any Hire, the security bond will be refunded back on the credit card used to hold the security deposit as referred to in clause 4(c).

5. Variation and Cancellation
5.1 If through circumstances beyond the control of Just Party Supplies, Just Party Supplies is unable to provide goods, then Just Party Supplies may:
(a) make changes to the goods provided that the end performance is not
materially prejudiced; or
(b) cancel any order (even if it has already been accepted) by means it finds acceptable to convey it.

5.2 The Hirer may cancel an order but will forfeit all booking deposits and if
cancellation is less than seven days prior to the event, the hire fee in full.
6. Late Returns
6.1 All Goods returned late will be charged at the daily rate.

7. Responsibility of Hirer
7.1 The Hirer bears all risk in the goods for the Hire Period.
7.2 During the Hire Period, the Hirer is responsible for:
(a) safekeeping of the goods during the Hire Period;
(b) ensuring that the goods are used for their intended purpose 

(c) complying with all relevant laws, by-laws and regulations applicable to the
installation, use and operation of the goods;
(f) protecting the goods against soilage, damage, fire, theft, distress or seizure;
8. Damage Waiver
8.1 Subject to clause 7, if the Hirer pays the Damage Waiver fee, Just Party Supplies
agrees to waive its rights for loss or damage to the goods caused by fire, storm,
collision, accident, theft or burglary.
8.2 Damage waiver will not apply and the Hirer remains liable where:
(a) the Hirer has not promptly submitted a written report (and in the case of
theft, a copy of the police report) relating to the damaged or missing goods;
(b) the Hirer has not taken reasonable precautions to safeguard the goods;
(c) the Hirer has not complied with clause 7 of the Terms;
(d) accessories or packaging are lost or damaged;
(e) goods have been carried or used the over water;
(f) Loss or damage to marquees, tarpaulins, walling or other hired goods has been
caused by pigmented colours, heaters, catering equipment, or catering odours.
(g) damage to goods has been caused by graffiti or vandalism.

9. Default and Termination
10. If the Hirer:
(a) breaches any term of the Terms;
(b) is an individual and becomes bankrupt or enters into any scheme of
arrangement or composition for the benefit of his or her creditors;
(c) is a corporation and becomes insolvent or enters into any scheme of
arrangement, any assignment or composition with or for the benefit of its
creditors, has as a liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution; then Just Party Supplies may, without prejudice to any other remedy available to it:
(d) require immediate payment of all money which would become payable by the Hirer to Just Party Supplies at a later date on any account, without further notice;
(e) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until the date of payment in full;
(f) charge the Hirer for, and the Customer must indemnify Just Party Supplies from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover the goods including its legal costs;
(g) charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods;
(h) charge the Hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;
(i) claim damages from Hirer for breach of the Hire Contract; and/or
(j) cease or suspend for such period as Just Party Supplies thinks fit, supply of any further goods to the Hirer.
Or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.
10.2 On termination, the Hirer must immediately make the goods available for
collection. If the Hirer does not, Just Party Supplies is entitled to enter any premises of the Hirer where the goods are suspected to be to repossess the goods. Just Party Supplies will not be liable for any damage caused and the Hirer must indemnify Just Party Supplies from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.

11. Just Party Supplies will not be liable for any loss or damage suffered by the Hirer where Just Party Supplies has failed to meet any delivery date or varies, cancels or suspends the supply of the goods.
11.1 Nothing in the Terms is to be interpreted as excluding, restricting or
modifying or having the effect of excluding, restricting or modifying the
application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
12. Miscellaneous
12.1 The law of Victoria from time to time governs the Terms and the parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.
12.2 Failure by Just Party Supplies to enforce any of these Terms shall not be construed as a waiver of any of Just Party Supplies’ rights.
12.3 If any term is unenforceable it shall be read down so as to be enforceable

 


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