TERMS AND CONDITIONS FOR HIRE OF GOODS AND EQUIPMENT
The following Terms and Conditions together with the Tax Invoice (“Contract”) between JPM Corporation Pty Limited T/as Event Marquees ABN 82 116 942 253 (The “Owner”) and you (The “Hirer”) is an agreement that you consent to once the booking (“Contract”) is accepted. It is important you read the Terms and Conditions before accepting the booking ("Contract”).
1. DEFINITIONS AND EXPLANATION
a) In these Terms and Conditions these words and phrases have the following meanings:
i. The “Owner” JPM Corporation Pty Limited T/as Event Marquees;
ii. “Owner’s Premises” means the premises where the Owner stores the Equipment;
iii. “Cancellation” means the cancellation by the Hirer;
iv. “Cancellation Notification” means cancellation of Contract in person, by telephone or email;
v. “Contract” means the Contract between the Owner and the Hirer for the hiring of the Equipment; the Terms of which are fully set out in these Standard Terms and Conditions. The Contract is also referred to as the Tax Invoice;
vi. “Deposit” means any part payment made prior to delivery or customer collection of Equipment;
vii. “Equipment” means collectively all the equipment described in quote and separately each item of the equipment designated in the quote and includes any additional Equipment;
vii. “GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999;
ix. “Hirer” means the legal entity or person hiring the equipment from JPM Corporation Pty Limited T/as Event Marquees;
x. “Hire Fee” means total invoice value inclusive of GST;
xi. “Period of Hire” means the period for which the Equipment is hired by the Hirer from the time the Equipment is delivered or picked up from the owner until the time they are returned to the owner;
xii. “Site” means the designated place, venue or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment;
xiii. “Venue” means the place where the Equipment is to be used by the Hirer;
b) The headings in these Standard Terms and Conditions are for convenience only and do not affect their construction.
c) A reference to any party includes their lawful successors and or assignee.
2. BASIS OF CONTRACT
a) Upon acceptance of a booking via the provision of an invoice to the Hirer from the Owner the Hirer accepts these Terms and Conditions.
b) Unless otherwise agreed in writing by the Owner and the Hirer, these Terms and Conditions shall be the only Terms and Conditions on which the Owner will provide products and or services to the Hirer.
c) A formal quote provided by the Owner is only valid for 14 days. Orders made online may be rejected by the owner. If the goods and equipment is not available for a particular date, the order will not be confirmed.
3. TERMS OF PAYMENT & PAYMENT METHODS
a) The Owner accepts payment in the following methods: Cash, Cheque, VISA, MasterCard, AMEX (1.5% Surcharge applies to credit card payments) and Electronic Bank Transfer.
b) Subject to Section 3(c) the Hirer will pay the Hire Fee in full to the Owner one week (7 days) prior to Delivery date or client Collection date of the Equipment. If payment is not received in full prior to delivery or at the time of client collection the Owner is not obliged to deliver/supply the Equipment.
c) Section 3(b) does not apply to agreed pre-arranged credit terms.
d) The Owner shall provide a Tax Invoice to the Hirer for the Hire Fee.
e) Without limiting the circumstances in which the Owner may require the Hire Fee payment to be paid on confirmation of a booking, the Owner may require advance payment of the Hire Fee where the Equipment to be hired has to be manufactured, adapted, or any process has to be applied to existing items of the Equipment to align with the Hirer’s specific requirements.
f) Should debt recovery action be required the Hirer may be liable to pay any costs incurred by the Owner associated with the recovery of the Hirer’s debt.
g) In the event payment of the Hire Fee (invoice amount) is not received from the Hirer within the agreed terms, the Owner reserves the right to charge interest from the day following the due payment date in the amount of 5% per annum, calculated monthly, of the total Hire Fee until such time as the Hire Fee and any interest accrued as a result of the payment default are paid to the Owner.
4. HIRE CHARGES
a) Written quotes are valid for 14 days only unless other arrangements have been made between the Owner and the Hirer.
b) Discount offers do not include Delivery and Collection, Damage Waiver, Sub-hired items and may not be used in conjunction with any other offer. Additional exclusions may apply.
c) Unless otherwise specified, any delivery charges quoted assume:
i. Delivery, installation and removal and return of Equipment being provided is conducted during business hours;
ii. Delivery made to street level; ground or floors being level and clear of obstruction;
iii. The Hirer unpacking, setting out, repacking and cleaning of Equipment.
d) Any variation to the assumptions in Section 4(c) may incur further charges payable by the Hirer.
e) A late fee (10% of order amount per day) shall be payable if Equipment is not returned on or before date specified in the contract.
a) A non-refundable 20% Deposit is required to secure booking with the Owner.
b) The owner reserves the right to cancel the order should the Hirer fails to pay the deposit.
a) the Hirer has the right to cancel a Contract at any time prior to the delivery/client collection date of the booking. If notice of cancellation is given by the Hirer less than seven (7) days, there are no refunds, and the Hirer shall be charged the full balance of the order value. The Hirer agrees and acknowledges that it must immediately pay the balance in full as invoiced by the Owner.
b) The Hirer has the right to cancel a Contract if they send a Cancellation Notification to The Owner.
c) Upon receipt of such Cancellation Notification, the Owner has no further obligation to supply and or deliver the Equipment to the Hirer.
d) The Cancellation Notification must clearly identify all Equipment no longer required by the Hirer.
7. DAMAGE WAIVER
a) The Owner charges an optional damage waiver of 5% of the item hire charges. The Hirer must confirm prior to delivery or collection of goods whether the damage waiver is to be removed from the invoice. Otherwise the Hirer agrees to pay the 5% damage waiver in full.
b) Subject to exclusions in Section 7(c) and 7(d) payment of the damage waiver releases the Hirer from any liability for Equipment that is accidentally damaged.
c) All broken or damaged Equipment must be returned to the Owner otherwise the Equipment is classified as missing Equipment. The Hirer agrees to pay for missing Equipment on a full replacement value basis.
d) The damage waiver does not cover:
i. Any loss, intentional damage and/or loss caused by vandalism or theft of the Equipment;
ii. Any Equipment sub-hired by the Owner for the Hirer’s use, including but not limited to: cool rooms, gas warming ovens, furniture and staging; and
iii. Overloading, misuse, abuse or improper servicing of Equipment.
8. CATERING EQUIPMENT
a) All catering equipment including crockery and cutlery must be washed and dried prior to the return/collection.
b) Glassware is to be rinsed and returned in a condition that the Owner in its sole and absolute discretion recognizes as its Equipment.
c) Should dirty crockery and glassware be returned the Hirer will be charged an additional cleaning fee of 0.50c per item.
d) If any goods are returned dirty or water logged resulting in goods becoming damaged, the Hirer will be charged the replacement cost of the goods.
e) Catering equipment such as bain maries and fryers incur a $50 refundable cleaning fee to be paid on booking. Refunds will only be processed once equipment is checked as clean on return.
9. THE EQUIPMENT
a) The Equipment will always remain the property of the Owner. The Hirer has no legal or equitable interest in the Equipment or any part thereof except as bailee.
b) Subject to Section 8 the Hirer shall be responsible for any damaged or missing Equipment.
c) Pickup and Return of Equipment
The Hirer is required to:
i. Provide photo identification e.g. Driver’s Licence, Student or Senior Card, on collection of equipment;
ii. Check the equipment is the correct quantity, clean and in good working order before leaving the warehouse;
iii. Sign a Rental Agreement;
iv. Return the equipment prior to or on the expiration of the Period of Hire as stated on Tax Invoice
(“Contract”). Failure to do so will incur a 10% daily charge of the total invoice amount - Please refer to Section 4. Hire Charges.
v. Sign a Return Document stating the equipment has been returned to the Owner in good condition and the correct quantities. Any variations/damaged items are to be reported upon return - Please refer to Section 7, Damage Waiver for liability relating to damaged/missing goods.
d) Upon delivery, the Equipment must be inspected by the Hirer to determine whether the Equipment delivered is complete and is in good order in accordance with the Contract.
e) Unless otherwise stated in the Special Instructions on the Tax Invoice, on completion of the inspection the Hirer will be deemed to have satisfied itself that the Equipment is suitable, fit and merchantable and capable of meeting all the requirements of the Hirer.
f) Unless the Owner has been expressly retained, in writing, to advise on the suitability, fitness and merchantability of the Equipment for the Hirer’s purpose, any warrantee as to suitability, fitness or merchantability is hereby expressly excluded.
g) Any damage or malfunctioning of Equipment must be notified by the Hirer to the Owner, in writing or verbally, within 12 hours of delivery.
h) Where the Hirer is in Effective Control of the Equipment, then the Hirer is a Bailee of the Equipment.
i) In addition to all duties imposed at law upon bailees, it is an essential term of the Contract the Hirer will always exercise all reasonable care and diligence in the use of the Equipment in accordance with manufacturer’s specifications;
j) Where the Owner is to collect the Equipment at the expiration of the Period of Hire, the Hirer must:
i. Make it available for collection in good order;
ii. Furniture stacked neatly;
iii. Glassware (rinsed) packed in boxes;
iv. Crockery and Cutlery must be washed, dried and packed in crates (please refer to Section 7) above;
v. Not tamper or in any way interfere with, repair or attempt to repair the Equipment;
vi. Subject to Section 7 assume responsibility for all accidental damage to the Equipment, save and except
where such damage is caused by the Owner;
vii. Assume responsibility for all loss or damage to the Equipment occasioned by theft, malicious damage, or other unlawful act, save and except where such loss or damage occurs when the Equipment is under the effective control of the Owner;
viii. Ensure the Equipment is always secure and when being stored in unlocked premises, supply security measures to ensure the Equipment is always secure;
ix. Not remove or deface any label, manufacturer’s serial numbers or other marks identifying the Equipment and/or the Owner’s ownership of the Equipment; and
x. Not permit any person to improperly use the equipment.
k) In the event the Equipment or any part of it is lost, stolen or damaged during the Period of Hire in circumstances where the Hirer bears responsibility under these Terms, the Hirer will be liable to the Owner and will indemnify it for the cost and expenses of the replacement of such lost or stolen Equipment and/or for the replacement of Equipment which, in the sole determination of the Owner, is damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged equipment.
l) In the event the Hirer fails or refuses for any reason whatsoever to return or make available for collection all the Equipment to the Owner at the expiration of the Period of Hire, then the Hirer will be in breach of an essential Term of this Contract and without prejudice to any other rights which the Owner may have, either pursuant to these Terms or at law, the Hirer will be liable to pay the Owner on a Day-Rate basis for the hiring for Equipment for such further period of time.
m) For the purposes of Section 9(l), such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Equipment is returned to The Owner in good working order and condition OR the date when the Owner receives from the Hirer full monetary compensation for the loss or damage to the Equipment.
n) The loss or damage to the Equipment will be the replacement cost of the Equipment at that time or, where the Equipment cannot be replaced, the cost of new substitute Equipment that can substantially be used for the same purpose as the lost, damaged or destroyed Equipment.
o) In addition, the Hirer fully indemnifies the Owner for any other liability, loss or cost that the Owner might sustain because of the Owner being unable to meet any other contractual obligation to supply that Equipment (or any other item thereof) to any other person.
a) Where the Owner provides onsite Services for a Hirer, each of the following are Essential Terms of this Contract.
The Hirer must:
i. Ensure the Owner can access the Site at all times specified by the Owner and at all other reasonable times so as to enable the Owner to provide the Equipment and services;
ii. Ensure the Equipment, when installed, remains in place at the Site for the Period of Hire and the Site is not required for any other purpose which would require the Equipment to be dismantled and reinstalled, or which may put the whole or any part of the Equipment at risk of being lost, damaged or destroyed;
iii. Ensure all access to the Site is given to the Owner and that such time as is required by the Owner is available at the conclusion of the Period of Hire to enable the Owner to dismantle and remove the Equipment from the Site;
iv. Do all such things as are necessary to discharge the Hirer’s obligations under all applicable occupation health and safety legislation, regulations and codes of practice to ensure the Site and the Equipment as installed are safe and free from defects and dangerous conditions;
v. Ensure that where the Equipment is being Installed on any structure or held in place by any structure that the structure can hold the weight of the Equipment and that the structure is properly erected so as to be safe and so as to take the anticipated loads involved in holding the Equipment;
vi. Ensure the Site is safe for all the Owner’s employees and contractors to carry out the services required of the Owner under this Contract.
b) Where, in the details of Equipment to be hired, it states that the Owner will deliver the Equipment to the Site, then the Owner is responsible for the Equipment until it is delivered to the Hirer at the Site.
c) Where in the details of Equipment to be hired it states that the Hirer will collect the Equipment from the Owner and the Hirer will deliver it to the Site, then the Hirer is responsible for the Equipment as and from the time the Hirer collects the Equipment from the Owner’s Premises.
d) The Hirer acknowledges that the Owner may, in providing the Services, be dependent upon other contractors preparing the Site for the Equipment or its installation.
e) The Owner will not be liable for any delay in installing the Equipment or for providing the Services where such delay is a consequence of any act or omission on the part of such external contractors.
f) Except where the Owner has expressly agreed to provide any facilities, it is the exclusive responsibility of the
Hirer to ensure that:
i. The Site is safe for the Installation and use of the Equipment;
ii. All required Facilities are available and are in place, are safe and in good working order;
iii. The Site is safe for the provision of the Equipment by the Owner.
In the event of any of the occurrences outlined below the Hirer shall be wholly responsible for any additional labour and equipment charges incurred by the owner arising as a direct result of these occurrences.
a) Labour variances incurred by the owner due to hot or inclement weather;
b) Labour variances incurred by the owner caused in any way whatsoever by the Hirer, any third-party contractor of the Hirer, or any other person, excluding employees or agents of the Owner;
c) Any site-specific restrictions on movement and use of plant and equipment, not previously communicated by the Hirer to the Owner, resulting in a cost to the Owner;
d) The requirement of ground protection devices not provided for in the Contract resulting in a cost to the Owner.
12. DEFAULT EVENTS
a) The Hirer will be in default if:
i. It breaches any of its obligations under the Owner’ Terms and Conditions and fails to remedy such breach within seven (7) days of being requested by the Owner to do so;
ii. It breaches any essential term of this Contract;
iii. Where the Hirer being a corporation is insolvent is wound-up or goes into Liquidation or has an Administrator appointed to it or has a Receiver appointed over any of its assets;
iv. Where the Hirer is a natural person, he or she is or becomes insolvent or makes an assignment for the benefit of his or her creditors or commits an act of bankruptcy under the Bankruptcy Act 1966 (Cwlth) or is declared bankrupt.
b) On the happening of a Default Event the Owner may, without prejudice to any of its other rights either under these Terms or at law and without previous notice to the Hirer, enter any Site where the Owner believes the Equipment to be located, re-possess it and the Hirer hereby agrees not to make any claim or bring any action against the Owner as a result of the re-possession of the Equipment.
c) The Hirer agrees to indemnify the Owner and keep the Owner indemnified against any loss or liability expense or cost which might be incurred by the Owner in entering upon the Site and taking possession of the Equipment or any item thereof.
d) Such indemnity covers any liability to any third party for trespass or for damage to the Site occasioned through the entry upon the Site, the re-possession of the Equipment or its removal from the Site.
a) Except where specifically agreed in the Special Conditions, the Owner gives no warranty express or implied in respect of the Equipment, its fitness for purpose or the condition thereof.
b) All warranties implied by the Competition and Consumer Act 2010 and any other Statutes (if any) that can be expressly excluded are hereby expressly excluded.
c) Where permitted by statute, the Owner’s liability for breach of any warranty is limited to:
i. The supply to the Hirer of substituted equivalent equipment; or
ii. The payment of the costs of supplying to the Hirer substituted equivalent equipment; or
iii. The repayment to the Hirer of the Hire Fee.
14. LIMITATION OF LIABILITY
a) The liability of the Owner is limited as follows:
i. The Owner is not liable to the Hirer for any loss or damage which the Hirer may sustain due to the Hirer ordering the wrong Equipment or insufficient quantities of the Equipment or where the Equipment is hired for a purpose which is outside of the Equipment’s specifications;
ii. The Owner is not liable for any damage or loss suffered by the Hirer due to any late delivery of the Equipment to the Site when:
a. The Hirer has accepted the quote less than 72 hours prior to the required delivery time and the Site is in within 20 kilometres of the Owner’s Premises.
b. The Site is more than 20 kilometres from the Owner’s Premises, then the Owner will have no liability arising out of late delivery if the Acceptance by the Hirer is received within five (5) days of the anticipated date of delivery to the Site.
iii. The Owner will have no liability to the Hirer if it is the responsibility of the Hirer to prepare the Site for the delivery and installation of the Equipment or where it is the responsibility of the Hirer to provide the facilities; and at the time of delivery of the Equipment to the Site, the Site is not so prepared or the facilities or any of them are not available or unsuitable.
iv. The Owner has no liability to the Hirer for any damage or loss which the Hirer might sustain where the cause of that damage or loss is the negligence of the Hirer or any of its servants, agents or contractors.
b) Where it is the responsibility of the Hirer to ensure the Site and facilities are safe, then the Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of the Hirer to ensure the Site is safe.
15. NO SALE AND ACKNOWLEDGEMENT OF OWNERSHIP
a) This is a hire agreement only and does not constitute or give rise to any sale of the Equipment to the Hirer, any hire purchase agreement or arrangement with the Hirer or any leasing agreement that contains an option to purchase the Equipment.
b) The relationship between the Owner and the Hirer is limited to a relationship of owner and bailee in respect of the equipment.
c) The Hirer acknowledges the Owner is the sole exclusive owner of the Equipment.
d) Nothing in this Contract confers any option on the Hirer to purchase the Equipment or any part thereof.