BONDI PA HIRE TERMS AND CONDITIONS
1) Bondi PA Hire is a subsidiary of 'JS & ES PTY LTD' and reserves the right to refuse service to a client without explanation.
2) All hire goods remain the property of Bondi PA Hire at all times. Bondi PA Hire retains the rights to alter, vary or substitute any item without notice. All goods are subject to stock availability.
3) Prices-Unless otherwise indicated, all pricing is exclusive of GST. Prices are for duration of a 24 hour period and not exceeding this 24 hour period.
4) All hires attract a $100 minimum order amount
5) Penalty fees will apply for hires that are returned later than the standard 24 hour hire period. It is the sole responsibility of the hirer to return the goods to the owner within the agreed hire period. We take no responsibility for circumstances outside our control for return of equipment, this is assumed wholly by the hirer.
6) Payments - Payment must be made prior to event or on delivery. Payment can be made either via credit card or bank transfer or COD. If payment is made via bank transfer payment, then it must be made within 24 hours of the event and a copy of the payment receipt must be emailed to firstname.lastname@example.org
7) Cancellations - All goods or services cancelled after delivery will be charged at full rate. Goods and services cancelled less than 48 hours prior to event but not installed or utilised will be charged at full rate but credit will be given in these circumstances.
8) Claims- Any claims relating to the quality of goods and/or services provided MUST BE MADE AT THE TIME OF DELIVERY TO THE HIRER OR AT THE TIME THE HIRER COLLECTS. NO DISCUSSIONS WILL BE ENTERED INTO ONCE THE EVENT HAS BEEN FINISHED OR CLOSED. The owner will make every effort to give tech support to fix any issues after collection but takes no responsibility for issues that have arisen once collection or delivery is made.
1) Definitions - “Equipment” means the items hired out by the owner to the hirer. “Hirer” means any persons who requests the Owner to hire equipment to it including it’s employees and agents. “Owners” means ‘JS & ES PTY LTD t/a Bondi PA Hire and Audio Visual’ ABN 18 610 546 640, Bondi PA Hire, its employees and agents.
“Terms” means these terms and conditions
2) Terms Of Payment - The hirer agrees to pay the Owners hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy or other expenses paid or payable by the Owner. If not otherwise specified by the owner in writing all hiring charges including taxes and duties are to be paid prior to delivery of the equipment. The hirer agrees to provide the owner with the hirer’s credit card number, expiry date and any other information which may be necessary to debit the hirers credit card prior to the delivery of the equipment or the hirer will pay via cash or direct deposit into the owner’s bank account prior to delivery of equipment. Subsequent charges for loss, damage, repairs, or other expenses are to be paid within 7 days of the relevant invoice. The hirer hereby authorises the owner to debit the hirer’s credit card with the amount shown on the relevant invoice if the hirer has not paid the amount shown on the relevant invoice within 7 days of the date of the relevant invoice. The hirer agrees to pay any expenses incurred or loss suffered by the owner as a result of breach of the hirer of its obligation pursuant to these terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by the owner, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the hirer, whether for debt, possession of any equipment or otherwise. The hirer acknowledges and agrees that the owner may pay a rebate, commission or other financial benefit to event organisers or like suppliers in connection with the hiring of the equipment to the hirer.
3) Credit Card Payment - The owner may, in addition to the price, charge a 1.7% - 2.2% credit card fee for payment by a credit card depending on the card provided.
4) Termination of Hire - The owner at its discretion may notwithstanding the specified period of hire and notwithstanding any waiver of any previous default by the hirer forthwith terminate this Agreement with or without notice to the hirer and re-possess the equipment in any of the following events;
A) If the hirer shall fail to pay any hiring charges within 2 days of the due date of such payment
B) If the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment are or may be prejudiced.
C) If the hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a hirer being a limited company, should any order be made or resolution passed for the winding up of such a company or an Administrator, receiver or Manager be appointed
D) If the hirer commits any breach of this agreement. For the purpose of repossessing the equipment, the owner may enter into or upon any premises where the equipment may be without prejudice to the rights of the owner to recover from the hirer any moneys due hereunder or any damages for breach thereof and so far as allowed by law the hirer indemnifies the owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
5) The Hirers Obligations - The hirer will;
A) Bear responsibility for the equipment hired from the time of its departure from the owner delivery until collection by or return to the owner. If the hirer returns the equipment late, after the agreed hire period or damaged then fees can and will apply immediately.
B) Upon installation, delivery or collection of the equipment immediately examine the equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the equipment. In accepting the equipment the hirer acknowledges that it has duly examined the equipment and has satisfied itself as required. The hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the owner in respect of the equipment, its purpose, suitability or performance. Should the hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the hirer is liable for all extra costs of the owner’s employees and cartage.
C) Assume the risk of and indemnify and hold the owner harmless from and against any and all property damage and personal injury resulting from: i) The use of equipment ii) Contact with underground cables, pipes, services or other obstructions; iii) All necessary surface repairs
D) Use the equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed.
6) Loss or Damage To Equipment- If the equipment is lost, breaks down or is damaged, the hirer must immediately notify the owner of the details. Notification shall not absolve the hirer from its obligations under these terms. In the event that the equipment breaks down or becomes unsafe to use, the hirer shall immediately stop using the equipment and take all necessary steps to prevent the equipment from sustaining any further damage. The hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the equipment and must not repair or attempt to repair the equipment without the owner’s prior written consent. If the equipment is lost or damaged and the loss of or damage to the equipment is caused by negligence or wilful acts of the hirer or the breach of any of these terms by the hirer, the hirer shall without limitations be liable for the following;
7) Replacement of Damaged or Lost Equipment - Lost or damaged equipment will be replaced at current retail rates plus a cost for time incurred by the hirer to replace said equipment.
A) Any cost incurred by the owner in repairing or replacing the equipment;
B) Hire charges for the equipment until the hire equipment is replaced or repaired;
C) Any other costs whatsoever incurred or loss suffered by the owner as a result of damage to or loss of the equipment. The hirer is hereby informed that equipment may have tracking hardware or software installed onto or into any and all of the equipment they may be hiring. This tracking equipment is used to ensure the safe return of the equipment ONLY should it be reported lost or stolen and does NOT in any way, shape or form mean the hirers movements will be actively tracked. The hirer hereby agrees to the hardware or software applications being installed onto or into the equipment they hire.
7) Release and Indemnity - The hirer hereby releases the owner from and agrees to indemnify the owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the equipment by the hirer or these terms.
8) Insurance – The hirer will maintain at its own expense all appropriate policies of insurance. A) For theft and damage to the equipment hired in the amount not less than the full replacement cost of the equipment B) For liability, property and casualty insurance coverage in amounts necessary to fully protect the owner and its equipment against all claims, loss or damage whatsoever
9) Price list – Any price list published by the owner may be changed without notice