5. Damage Waiver
For the purposes of these terms and conditions the hirer of the Equipment shall be referred to as the “Client” and Perth Party Hire, the Owner and supplier of the Equipment shall be referred to as the “Owner”. Equipment means all items that are hired and collected by the Client or delivered by the Owner to the Client whether or not the items have been paid for. The Equipment shall always remain the property of the Owner whilst on hire.
The Client accepts full responsibility for the use and or operation of the hire equipment and hereby agrees to release and fully indemnify the Owner against any third party claims, actions, demands, suits, costs, and expenses for damage or injury or death to a person or persons or property arising directly or indirectly out of the hire or use of the Equipment by the Client or persons associated with the Client.
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3. Conditions and Obligations of Hire
a. General Obligations
The Client accepts full responsibility for the correct use and or operation of the hired Equipment. The Client acknowledges that he or she has inspected the Equipment upon Owner delivery or Client collection and agrees that the Equipment is in good condition and in working order. (See 3 c. for further details)
The Client agrees not to modify or permanently attach anything to the Equipment for their own purposes whilst on hire and shall return the Equipment in the same condition as he or she received it. All Equipment or part thereof and associated packaging (including boxes, crates, tubs, bags and containers) that are lost, damaged, broken or stolen whilst on hire will be charged to the client at full present day replacement value. It is the obligation of the Client to immediately inform the Owner of any Equipment lost or stolen whilst on hire.
Hire Equipment is not insured so responsibility for the condition of the returned Equipment lies totally with the Client. All Equipment is to be returned clean and dry to avoid any additional cleaning fees, (see 4. Payments and Refunds.) Linen is allowed to be returned unclean as the laundering costs are built into the hire fee.
b. Linen Conditions
The majority of linen is washed and pressed by a professional laundry company. As best as humanly possible linen is checked before being hired to the Client. The Owner shall not be liable for any slight mark, imperfection or creases that may be found when the linen is unpacked. If this situation arises and the Client has concerns then the Client is to immediately contact the Owner within working hours or leave a message after hours, otherwise there will be no possibility of a refund, whether it be in part or in full to the Client.
Any linen items returned with burns, tears, holes, staple marks or any other abnormalities will be charged to the Client at the full present day replacement cost. Linen items returned with heavy stains, mould, wax, graffiti, dye, blood, grease or food and beverage stains that are not easily restored to a clean and rehirable condition using ordinary laundry methods but require extra treatments will incur the full cost of the extra professional cleaning charges. If the marks or stains are unable to be fully removed from the linen the Client is liable to pay the full present day replacement cost of the affected linen.
The Owner reserves the right to make a final on the spot or delayed assessment of the damage of heavily soiled linen item or items without the need for the items to be laundered. If the Owner deems the linen to be unhireable due to the damage caused by the Client or associates of the Client whilst on hire, then the Client will pay the full replacement cost of the linen in addition to the original hire charge of the linen.
Linen is to be returned soiled but dry. Do not place damp linen (especially alcohol drenched) into plastic bags as this environment encourages mould to grow. Linen not returned by the due date will attract an additional hire fee and this fee will accrue on a daily basis until the items are returned.
c. Delivery and Collection
Once the Owner has delivered the Equipment or the Client has collected the Equipment, it is the responsibility of the Client to handle and operate the Equipment in a proper, safe and careful manner and only for the purpose and capacity for which it was designed. It is also the responsibility of the Client upon collection of the Equipment to check the condition, suitability and fitness for the purpose to which the Client requires the Equipment and on accepting the Equipment releases the Owner of any obligation or responsibility and control over the security, manner of use, operation and maintenance of the Equipment until it has been returned to the Owner.
After the Owner has delivered the Equipment and on a rare occasion the Client, upon inspection, finds damage or fault with the Equipment rendering it unusable then it is the obligation of the Client to contact the Owner within 6 hours of delivery to report his or her concerns. If no contact is attempted then there will not be a full or part refund of any payments.
If on the rare occasion the Equipment develops an electrical, mechanical or structural fault during the correct manner of use whilst on hire then it is the Clients responsibility, in the interest of safety, to shut down, switch off or cease to operate or handle the Equipment until it is made safe and the Owner is contacted or the Equipment is collected whereupon as assessment will be made of its condition.
The Client is obligated not to remove the Equipment from the delivery address designated on the order form and agrees not to sub hire, or part with the possession and control of the Equipment without the Owners’ written consent.
All the Equipment when ready to be returned by the Client or collected by the Owners’ employees must be clean dry and properly repacked to avoid any damage during transit. If the Equipment is being collected by the Owner from the place of delivery or an agreed pick up location the Equipment must be readily accessible. If the Owner needs to return because he was unable to collect the Equipment at later time or date then an extra collection fee will be incurred (see general obligations 3a and linen conditions 3 b.) for details on the manner and use of Equipment.
The Owner is not responsible for the setup of the Equipment once it has been delivered unless an agreement in writing has been made between the Client and the Owner. The security of the Equipment lies totally with the Client whilst on hire until returned except when a Security Person has been employed by the Owner and charged to the Client to keep watch over the Equipment during a designated time agreed to by both parties.
The Client is to inform the Owner of the location of any underground cables, reticulation, drains or any other obstructions when pegging is needed to be employed to secure a marquee, structure, tarpaulin or piece of Equipment. The Owner will not be liable for damage incurred to any hidden underground obstruction unless an exact location is marked by the Client.
If a marquee or structure or Equipment has been ordered for erection or delivered by the Client and in the course of constructing or delivering the temporary structure or Equipment, the vegetation or building or property owned by the Client is damaged then the Owner will take no responsibility for such damages and the Client releases the Owner of any liability or responsibility for the damage. All care is taken to minimize any damage to the Clients’ property however, unforeseen circumstances can occur beyond the Owners control during the course of attempting to complete the work for the Client. (See force Majeure 6.)
d. Property Access to Hired Equipment.
The Client acknowledges that all property in and title to the Equipment at all times remains with the Owner, the Client does not acquire any property in or title to the Equipment and the clients interest in the Equipment is as Bailee of the Owner only.
The Client also acknowledges that the Owner may inspect the Equipment at any time during the period of the hire, whether notice of such inspection is given to the Client or not, and the Client shall provide all assistance and cooperation necessary to facilitate such inspection of the Equipment. The Client shall indemnify the Owner in the course of the Owner exercising its right to inspect the Equipment.
The Owner also reserves the right to terminate the Hire Contract at any given time and is entitled to take possession of the Equipment immediately. The Client must provide access to all the Equipment and allow the Owner to enter the property or premises upon which the Equipment is situated otherwise the relevant authorities will be notified to retrieve the Equipment. Equipment that has not been returned by the Client or access to collect Equipment at the end of the hire has been denied causes the Equipment to be deemed stolen and again the relevant authorities will be notified to facilitate in the retrieval of the Equipment.
Any damage to the property, vegetation or fixtures belonging to the Client whilst retrieval is occurring is not the responsibility of the Owner in fact in these situations previously described the Client irrevocably acknowledges appointing the Owner as the Clients agent and authorizes the Owner to carry out proceedings to retrieve the Equipment from the address or place it is positioned.
4. Payment, Refunds and Cancellations
Unless otherwise stated. Equipment cancelled less than 7 working days before the delivery date (not the function date) will be charged to the Client at the full rate or, or a rate previously agreed upon, i.e. non-refundable bond, and shall be paid within 7 days of the cancellation. All other Equipment cancelled less than 24 hours before delivery and collection will be charged at the full rate plus the transport costs, if applicable, and at the Owners discretion, a packing fee. Changes to the Clients order requested less than 12 hours before delivery or collection will be limited to additions only.
b. Refunds and Bonds
The Owners at their discretion may require a refundable bond to be paid before the hireage commences. A refundable bond must be paid by cash, EFTPOS, credit or debit card. This bond will be refunded to the Client once all the Equipment is returned undamaged and in the same condition as it was received by the Client. It is also possible that the Owner may requests to hold the details of the Clients credit card as security over payment of the Equipment at which point the Client authorizes the Owner to hold securely the number, expiry date and security code of the card until the Equipment is returned and processed by the Owner. Any damage, losses, or in the case of linen, stains or fabric damage will incur a charge to the Client, to the value of the full replacement cost of the Equipment. This cost will be added to the total cost of the hireage contract or deducted from the refundable bond. If the refundable bond is not sufficient to cover the total off the additional charges then the balance will be paid by the Client to the Owner.
The Owner may also request a non-refundable bond for equipment that requires installation by the Owner or possibly sub-hired by the Owner to fulfill the contract (see cancellations 4 .a)
Refunds to the client can take the form of a payment by the Owner, or a credit on the next Client equipment hireage, set at the discretion of the Owner, and a reduction in the overall costing of the event or function. (See Delivery and Collection 3 c. for details of refund due to equipment failure)
c. Payment Terms
The client agrees to pay the Owners hire charge at the rate specified verbally or as listed or as agreed on the contract, from the commencement date of the hire until the Equipment is returned to the Owner or collected by the Owner or the Owners employees.
If transport of the Equipment has been requested be the Client then the Client agrees to pay all costs incurred by the Owner to deliver and collect the Equipment. Any extra labor cost involved apart from the delivery and collection of the Equipment will be charged to the Client at the rate determined by the Owner. Delivery and collection does not include set up or pack down, if this is required then a cost for this service will be determined and included in the final cost. If the Client does not pack the Equipment to the same standard as received then the Client will incur a repack cost so that the Equipment can be transported safely to the Owners premises.
Hire rates that are stated on the price list, contract or invoice are based on a per-day or 24 hour period or part thereof, and in any case for one event or function only within the 24 hour period.
At the completion of some hire events, the Owner may allow the Client to hold the Equipment for a longer period than 24 hours but this is purely at the discretion of the Owner only. The Owner reserves the right to amend or revise its rates or prices without notice.
Payment of Equipment can be in the form of a cheque, bank cheque, EFTPOS, credit card, and debit card. Payment for the hire of Equipment is usually made prior to the function and may include the refundable bond. When paying over the phone or in-person the Client agrees to provide the Owner with the Client’s credit card number, expiry date, and security code. This information will be held under strict and confidential security conditions (see privacy 5) and will be used either before the Clients function or after the event or function is completed, depending on the type of event and what Equipment is hired and always at the discretion of the Owner.
The Client authorizes the Owner to debit the credit card for any breakages, losses or damage to the Equipment once returned and this process may take up to 14 days. Unless otherwise stated that payment of any outstanding balance for the Equipment hired, lost or damaged is strictly 7 days from the date of the invoice. If you are issued with a statement then the payment is also strictly 7 days from the date of the statement unless other arrangements have been made.
d. Covid – 19
See Definitions for the meaning of ‘owner’ and ‘client’. For the purpose of this section the term ‘used’ shall mean – unwrapped, unpacked, opened or unfolded by the client and the term ‘setup’ means – constructed, erected or installed by the owner.
In the event of an announcement by the West Australian Government that refers to Covid-19 and prevents a client from holding, carrying out or assisting with a function, event, or party the following conditions apply.
A refund or no charge will apply to hired equipment if the equipment has not been delivered or has not been picked up by the client from the owners’ premises, unless the owner stipulates before ‘delivery’ or ‘pickup’ that a portion of the hireage cost is non-refundable and may include, but is not limited to, sub-hired items, specific purchased items for the client, consultation or quote fees and packing fees.
If the client has received delivery of hired equipment before a Covid-19 announcement and the equipment was not setup or used, then the client acknowledges that the owner reserves the right to charge for delivery and collection of the equipment plus an additional 50% of this fee to cover labour and packing. No hire fee will be applied unless the client has used the equipment. In this scenario the client acknowledges that a full hire rate per item used will be incurred.
If the client has picked up the equipment from the owners’ premises before a Covid-19 announcement and the equipment was not used the client shall return the equipment as soon as possible, or when requested by the owner, and will be refunded the full hire charge. If the client is unable to return the equipment due to lock down the owner reserves the right to collect the equipment whilst following Covid-19 rules of the day and will liaise with the client before collection of the equipment. The client acknowledges that the owner of the equipment will need to apply a normal collection fee to assist the client in the return of the equipment. If the client has used any of the items before returning them or before being collected by the owner, a full hire rate per item used will be incurred.
In the event that hired equipment has been setup by the owner, including but not limited to, marquees, tarpaulins, walling, lighting, potted plants, partitioning, balloons, gas equipment, furniture and, table settings, then the client acknowledges that a full hireage rate will be applied as well as the cost of packing, delivery and removal of the setup equipment that is nominated by the owner.
The owner is willing to discuss an agreed credit for the equipment that has been cancelled due to Covid-19 restrictions. The client may suggest a postponement of their function and may rebook the function for a future date. In some scenarios the client may be able to keep some equipment at no extra charge until the postponed date arrives (generally within 7 days). Delivery, collection and packing fees will still apply in most cases. The owner is open for discussion with the client to relocate the function or reduce equipment due to restrictions for a nominal fee.
5 Privacy and Confidentiality
The security of your personal information is important to us. Information collected through the use of this website is respected and used only for the purposes of providing a better service to you, our Client. At no time will any personal information be shared, sold or rented to a third party and we guarantee to keep your identity and Client details strictly confidential unless we suspect you are in breach of our Terms and Conditions policy and have been engaged in unlawful activities requiring disclosure to the relevant authorities. We may also collect information via telephone, email and fax and also by personal appointment. This information is also regarded as strictly confidential and Perth Party Hire will only use any details supplied in an overall no names attached statistic for marketing purposes and financial reasons.
We may provide links to other websites, however this is only done for the ease of the Client navigation and in no way causes Perth Party Hire to be responsible for any images, graphics or content displayed on these websites as they are not under the control of Perth Party Hire. The inclusion of the link does not necessarily imply any endorsement of the company or organization we are linked to but purely gives rise to our recommendation to browse the linked site for relevant information and interest.
6. Force Majeure
If the Owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Owner may give written notice to that effect to the Client, giving full particulars of such force majeure in which case the obligations of the Owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Owner shall not be liable for any loss or damage suffered by the Client as a result of any delays caused by such force majeure events.
7. Acceptance of Terms and Conditions
By accessing and or using this website you agree to comply with the Terms and Conditions of this company. Every effort is made to keep the website operating correctly, however, Perth Party Hire takes no responsibility for, and will not be liable for the website being temporarily unavailable due to technical problems beyond its control. The terms and conditions at any time can be modified to suit the changing business needs and as soon as the changes are posted and visible the amended terms and conditions are effective.
The Client hereby unconditionally accepts these terms and conditions and acknowledges that the acceptance is a conditional procedure that is fully understood and confirmed by the Client once possession of the Equipment is taken from the Owner.
The Hirer agrees to pay a damage waiver to the Company to cover any costs associated with any accidental damage to its equipment, provided that the replacement cost and/or the cost of repairs does not exceed 7.5% of the retail hiring fee for the particular piece of equipment. If the damage exceeds 7.5% of the hiring fee for the item of equipment, then the Hirer accepts full responsibility to compensate the Company at present day sale value for the goods or parts thereof which may be damaged. This also applies to the loss or damage of boxes, covers and crates supplied with the goods.
The damage waiver does not apply to or cover any damage to or loss of equipment including without limitation:
a) damage resulting from the misuse or abuse of the equipment.
b) damage or loss due to the disappearance of the equipment.
c) damage caused by the use or operation of the equipment in contravention of any of these terms.
d) damage to, or loss of, the equipment from any unknow cause.
e) the damage waiver is not refundable.