1. DEFINITION:
In these terms and conditions of hire, “THE COMPANY” means Swan Event Hire, ABN 94 154 577 510, their sub-contractors, agents and authorised employees. ‘THE HIRER’ means the person, company or agent of The Hirer on the tax invoice hiring the equipment from The Company. The person who signs for the equipment warrants that they have the authority of the Hirer to sign for on their behalf. ‘THE EQUIPMENT’ means the goods hired as they appear on the tax invoice, for the function, event or purpose, for which the goods are to be used. ‘THE AGREEMENT’ means the Hire Agreement or Hire Contract / Tax Invoice between The Owner and The Hirer of The Equipment.
2. AGREEMENT:
The Company will issue The Agreement for the hire goods, which The Hirer or agent of the Hirer, will sign prior to or upon receipt of The Equipment and pay the total invoice amount if prepayment has not been made. If signed by an agent of The Hirer, this warrants that they have the authority for and on behalf of The Hirer. By making payment for The Equipment, The Hirer agrees to have read, understood and be bound by these Terms and Conditions.
3. GENERAL:
All equipment hire is subject to the ‘Terms and Conditions of Hire’ as printed hereon and on the Swan Event Hire website, www.swaneventhire.com.au. They will bind The Hirer.
4. OWNERSHIP
The equipment supplied for hire patently remains the property of the Company.
5. INSPECTION
The Company has policy to ensure all hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from the Company’s’ premises. It is the Hirers responsibility to check all of the ordered hire equipment upon delivery or collection and must notify the Company of any breakages or missing items within 12 hours of receiving the goods/hire equipment. The Hirer acknowledges that it is aware of the proper use for which the goods/hire equipment are designed, has inspected the goods/hire equipment, and expressly agrees that the goods/hire equipment are:
A: in clean condition;
B: in satisfactory working order/fit for purpose; and
C: of the quantity and specifications as ordered.
6. PAYMENT:
Unless The Hirer has an account with us, payment is due, in full, prior to delivery or upon collection of the goods. The Company reserves the right to withhold delivery if payment has not been received prior to delivery. An extra delivery charge will apply should The Company have the need to redeliver as a result of non-payment on delivery. Payment methods include Electronic Funds Transfer (as per the bank details on the invoice), Cash, Cheque, Visa and MasterCard. The Hirer authorises The Company to deduct hire charges and any additional charges from the credit card. A 1.2% surcharge applies to all credit card payments. Refer to cancellation conditions below. All EFT receipts can be emailed to accounts@swaneventhire.com.au for faster processing.
7. DEPOSIT:
A non-refundable deposit of 30% of the tax invoice total is required to be paid by The Hirer to The Company, within 7 days of the issue date of the tax invoice, to secure the booking. Should the tax invoice total increase after payment of this deposit, The Hirer must pay the additional amount to bring the deposit amount in line with the 30% of the tax invoice total.
8. HIRING CHARGES:
All Hiring Charges are valid for the Hire Period stated on the Tax Invoice / Agreement; Hiring Charges are not based on the time/s the equipment is used. Equipment not returned within the date periods specified shall be charged at the Company’s Hire Rate. If The Hirer wishes to extend the hire period they must advise The Company, prior to completion to the hire period, unless agreeable arrangements have been entered into. Payment for the extended period of hire must be paid in advance up to and including the time when The Hirer advises The Company that the hire period has ended and then returns or arranges for the equipment to be picked up from the delivery site (or otherwise agreed location). The Company reserves the right to amend or revise its rate or prices without notice.
9. POSTPONEMENT:
If The Hirer chooses to postpone the hire of equipment, charges shall apply as stated in ‘CANCELLATION’ listed below.
9. CANCELLATION:
If The Hirer cancels The Agreement prior to the commencement of the stated delivery date, then The Company reserves the right to charge the following as a percentage of the figure appearing on the Tax Invoice, and as stated as follows: Non refundable deposit; Outside 30 days, no additional charge; 15– 30 days notice, 35% of the hire total; 10-14 days, 50% of the hire total; 0- 10 days notice 100% of the invoice total.
10. ALTERATIONS:
If The Hirer reduces the quantity of Hire items within 30 days of the delivery date, The Company reserves the right to charge for the reduction at the percentages stated in ‘CANCELLATION’ (Relevant to the total Hire).
11. DELIVERY AND PICK UP:
Delivery and pick up charges are extra. Quoted charges are for the delivery suburb and for standard level access of 25 metres to the delivery point from the delivery vehicle. The Company reserves the right to charge The Hirer extra for difficult access which has not been advised, quoted or known of until on site. Difficult access is defined as time consuming factors such as long carry, many stairs, obstructions, uneven ground, narrow passage etc. Waiting time is also chargeable. These extra charges will be shown as “Labour” at the rate of $60 per man hour (including GST) and are based on the “extra” time spent in completing the delivery / pick up process. Specific timing requests for delivery / pick up may incur extra charges. These charges will be payable by The Hirer on amendment of the Tax Invoice / Hire Contract.
12. POSITIONING OF EQUIPMENT DELIVERED:
Although The Company will endeavor to take every care when delivering, installing, dismantling and picking up equipment, it shall not be liable for any damage or loss to the site, site access or plants and The Hirer shall indemnify The Company from and against all actions, claims, costs, demands and liabilities in connection therewith. Any resulting additional costs, including reasonably incurred legal costs by The Company, shall be paid by The Hirer.
13. USE OF EQUIPMENT:
The Hirer shall check as soon as practical the quantity of all hired items against the Tax Invoice and should any discrepancy exist, advise The Company immediately of such discrepancy. Phone 08 9250 22 55 to advise discrepancies. Advice after the function will not be considered as advice of any discrepancy. Damage to Hire Equipment during use or transportation by The Hirer is the responsibility of the Hirer. If at any time during the hire period The Hirer considers the equipment to be faulty, it is The Hirer’s responsibility to contact The Company in the first instance by telephone to report the problem. Failure to do so, or advice after use, will cause The Hirer to be responsible for all hire charges, and repair or replacement cost if necessary. The Company reserves the right to repair or replace the faulty equipment as soon as practical during the hire period to the reasonable satisfaction of The Hirer. On no account should The Hirer attempt to repair The Equipment without prior consent of The Company. Call out charges based on time taken will be charged to The Hirer, relative to the time of day, if the equipment is proven to be satisfactory by The Company and not faulty as claimed by The Hirer. In no event shall The Company be responsible for any expenditure, damages or consequential loss incurred by The Hirer, invitees, agents or assigns arising out of any failure of the equipment whether caused by fair wear and tear or negligence on the part of The Company or for any other reason whatsoever. The Hirer shall on completion of the hire period, ensure that the equipment is stacked as it was received and packed securely in all the boxes and containers in which the equipment was received when delivered or collected. Extra charges apply if equipment requires re-packing by delivery / pick up staff prior to transportation. Any equipment broken during transportation due to The Hirer being negligent in re-packing will be charged at full replacement value.
14. LOSS, DAMAGE and CLEANING:
The Hirer accepts full responsibility to compensate the Company for the value of the goods/hire equipment, or parts thereof which may be lost, stolen, damaged or broken during the hire period. A cleaning charge will be applied to all goods returned dirty or still containing foodstuffs, debris or residue. Linen need not be washed but must be returned dry to avoid mildew. Returned Linen that displays burns, holes, rips and staple marks or mildew will be charged at full replacement cost. Linen with stains including (but not limited to) candle-wax, mould, rust, graffiti and/or heavy food/beverage stains that are unable to be restored to a clean condition via ordinary laundering procedures, and are required to have specialised cleaning (ie. Dry-cleaning), that cost will be charged to the Hirer at the appropriate rate. If upon the return of the goods/hire equipment, the Company finds the equipment to not be in satisfactory working condition, the hirer shall pay to the Company the cost and expenses of restoring the goods/hire equipment to good working order. Misplaced and Damaged items, including but not limited to, Breakages of Glassware and Crockery, Damage to Marquees, will be charged at replacement value, on the return date stated on the Tax Invoice, unless an agreement is made.This right shall not be prejudiced by or prejudice any other right under this agreement.
15. INSURANCE:
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.
16. LIABILITY TO THIRD PARTIES:
The hirer hereby indemnifies and holds indemnified the owner from and against all claims, actions, suits, demands and expenses in any way arising from injury, death, loss of income or damage caused to the hirer or its property, or any other third parties or property, in respect of equipment hired.
17. Acceptance of Terms & Conditions:
The hirer hereby unconditionally accepts the above terms and conditions and acknowledges that its acceptance is a condition precedent to taking possession of the goods/services/hire equipment from the owner.
18. THE COMPANY’S DECISION IS FINAL IN ALL MATTERS RELATING TO THESE TERMS AND CONDITIONS OF HIRE.
