TENTCITYHIRE.COM.AU WEBSITE STANDARD CONDITIONS OF HIRE

 

The following Terms and Conditions must be accepted by the “Hirer” prior to “The Owner” making the Equipment or services available to the “Hirer”.

 

  1. Definitions

 

“The Owner” is Reshmore Pty Ltd as trustee for the Whitmore Family Trust trading as Tent City Hire, its employees, subcontractors and agents.

 “Hirer” includes an agent of the Hirer and agrees to hire the Equipment specified in booking from The Owner upon the terms and conditions of this Agreement.

 “Equipment” means any item of the tests or other Equipment supplied by The Owner which has been ordered and/or received by the Hirer.

 

  1. Hire of Equipment

2.1     The hiring of the Equipment shall commence from the commencement date specified in the Invoice and continue for the term specified in the Invoice unless otherwise provided herein.

2.2     The Hirer is entitled to use the Equipment for the hire period.  Any extension of the period must be requested in writing and be agreed to by The Owner.

2.3     Tent City tents will not be secured without full payment of all hire fees prior to event.

 

  1. Payment for rental

 

3.1    The Hirer agrees to pay:

(a)    The Owner the hire fee specified in the Invoice for the Equipment for the hire period and in addition any applicable GST, stamp duties, tolls, fines, penalties, levies or freight and other charges relevant to this agreement and the hire;

(b)    The Owner any deposits outlined within the Agreement no less than 4 weeks before the event; and

(c)     Any remaining  hire fees to The Owner prior to or on the commencement date of the hire period

3.2    Payment may be made by Online Booking options, EFTPOS, Bank Deposit or Cash. 

3.3    The Owner may require a security deposit to be paid in addition to any Hire fees and may apply the deposit against any amounts payable by the Hirer to The Owner.

3.4    It is the responsibility of the Hirer to contact The Owner within 6 weeks of returning the Equipment to arrange getting the balance of the bond back.

3.5    Credit Card Payments: The Hirer acknowledges that the Owner may impose a charge for accepting payments by credit card.

3.6    Payment Plans: The Hirer acknowledges that the Owner may impose a charge for the implementation of any payment plans

3.7    Early departure: If the Hirer wants to depart before the end of the Hire Period, the Hirer will remain liable for all hire and other charges payable to The Owner for the entire Hire Period.

3.8    Any other monies owed by the Hirer to The Owner shall be payable when incurred by the Hirer.

 

  1. Cancellation

 

4.1     If through circumstances beyond the control of The Owner, it is unable to provide the Equipment, then The Owner may:

(a)     Make changes to the Equipment provided, provided that the end performance is not materially prejudiced; or

(b)     Cancel any order by notice in writing.

4.2     The Hirer may cancel an order but shall forfeit any hire fees paid as follows:-

(a)     Hire fees and dates will vary dependant on each event, all details are listed on main event pages

(b)     All events have a no refund policy close to the event as per date stated

 

  1. Delivery and Collection

 

5.1     The Equipment shall be delivered in a reasonably clean, but not necessarily sterile, state. 

5.2     The Hirer must allow The Owner’s representative access to the Tent at all reasonable times.  The Hirer must provide safe and proper access to and at the tent 

5.3     The Hirer must leave the Equipment in respectable condition at the end of the Hire Period in a complete, clean and dry state.

5.4     The Owner’s count and decision as to condition of Equipment on return shall be final.

 

  1. Use, operation and site rules

 

6.1      The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.

6.2      The Equipment shall not be used by anyone other than the Hirer without the express permission of The Owner in writing.

6.3      Unless the Hirer uses personnel provided by The Owner for that purpose, the Hirer shall ensure that all persons operating or erecting the Equipment are instructed in             its safe and proper use and, where required, hold a valid Certificate of Competency or are fully licensed to use it.

6.4      The Hirer agrees to operate, maintain, store and transport the Equipment strictly in accordance with any instruction provided by The Owner and with due care and                    diligence.

6.5     The Hirer agrees that the Equipment shall only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations                           whether supplied by The Owner or posted on the Equipment in regard to its operation, maintenance and storage.

6.6     The Hirer shall not use or operate or suffer to be used or operated any bar-b-que or split or open flame or other cooking devise in or close to any tent hired from                       The Owner.

6.7     The Hirer agrees to comply with all occupational health and safety laws and regulations relating to the use of the Equipment and associated operations.

6.8     The Hirer can be evicted from the site and relinquish remaining hire period for any actions, behaviour that is deemed:

(a)      Dangerous to themselves

(b)      Unsafe to the general public or immediate neighbours

(c)      Against the law

(d)      To threaten, abuse or become forceful toward any Tent City Hire staff member

(e)      Intentionally damage equipment

(f)       Fail to follow Tent City Hire staff directions

 

6.9     The Hirer acknowledgers and agrees that if clause 6.8 is enforced it can be executed by Tent City Hire staff onsite, event security or local police officers.

 

  1. Hirer’s warranties

 

7.1 The Hirer warrants that:

(a) The Equipment shall be used in accordance with the conditions outlined in these Hire Conditions;

(b) The particulars in the Hire Conditions are correct in every respect and are not misleading in any way including, without limitation, by omission;

(c) The Equipment shall not be used for any illegal purpose;

(d) The Hirer shall not, without prior written consent of The Owner, tamper with, repair or modify the Equipment in any way, or permit another to do so;

(e) The Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose;

 

  1. Indemnity

 

8.1     To the full extent permitted by law, the Hirer releases, discharges and indemnifies The Owner from all claims and demands on The Owner arising out of or consequent on the use or misuse of the Equipment during the hire period.

8.2     Without limiting Clause 9.1 of this Agreement, the Hirer agrees that to the full extent permitted by law, no warranties are given by The Owner in respect of the Equipment.

Any liability of The Owner pursuant to any warranty which cannot be excluded by law shall not exceed either the cost of repairing the Equipment or the cost of re-supplying the Equipment, at the discretion of The Owner.

 

  1. Loss, damage or breakdown of Equipment

 

9.1    The Hirer shall be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred, except for fair wear and tear and extreme weather during the hire period

9.2    The Hirer is liable for the payment of the new list price of any Equipment subject to clause 9.1

9.3    If there is a breakdown or failure of the Equipment the Hirer shall notify The Owner immediately for the appropriate action to be taken.

9.4    The Hirer is responsible for all equipment within the agreed hire period

 

 

  1. Liability

 

10.1    The Hirer shall assume all risks and liability for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair, storage or transport of the Equipment.

10.2    Weather is Unpredictable: The Owner’s tents have been manufactured to use as temporary structures.  For the safety of all occupations, evacuation is recommended if extreme threatening weather occurs or if there is any doubt concerning the safe use of the tents.

 

  1. Disclaimer

 

11.1 To the extent permitted by law, The Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Equipment.

 

  1. Title to Equipment

 

12.1     The Hirer acknowledges that The Owner retains title to the Equipment and that the Hirer has rights to use the Equipment only.  The Hirer agrees that the Hirer has no rights to pledge The Owner’s credit in connection with the Equipment.

12.2     The Hirer agrees not to agree, offer or purport to sell, assign, sublet, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to the Equipment.

 

  1. Repossession and remedied on default

 

13.1    The Owner may retake possession of the Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else herein contained.

13.2     Subject to any other claim The Owner may have, if repossession takes place, The Owner shall only charge the hire fee up to the time of repossession.

13.3     All costs incurred by The Owner incurred in repossessing due to a breach are to be paid by the Hirer.

13.4     In the case of repossession due to a breach of this Agreement, the Hirer agrees to grant The Owner permission to enter any premises where the Equipment is situated to disconnect, decommission and/or remove that Equipment.

13.5     In addition to The Owner’s right to retake possession, it is entitled in its discretion, following any breach of any provision of this Agreement by the Hirer, to terminate this Agreement and/or sue for recovery of any damages or charges or loss suffered by The Owner and/or to cancel any insurances effective in respect of the Equipment hired.

 

  1. Completion of the hire period

 

14.1    At the discretion of the Owner, the hire period may only be completed when the Equipment has been returned to The Owner in the same condition as when it was hired:

(i)      On or by the date and time outlined in the Hire Agreement; or

(ii)     Shall be deemed completed on the date agreed for pick-up by the Owner.

14.2    Where pick-up is agreed, The Owner shall arrange to pick up the Equipment within a reasonable period after a request to do so and shall issue the Hirer with a pick-up number;

14.3    The Hirer agrees to maintain the responsibility for the Equipment whilst it is awaiting pick-up.

 

 

 

  1. Termination and Default

 

15.1   If the Hirer:

(a)    Breaches any term;

(i)      Require immediate payment of all moneys owed by the Hirer to The Owner;

(ii)     Charge the Hirer for all costs and expenses (including without limitation all legal costs and expenses on an indemnity basis) incurred by The Owner in enforcing compliance with the Terms or recovering the Equipment;

(iii)    Charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed Equipment;

(iv)    Charge the Hirer for subsequent lost hire charges as a result of the Equipment being lost, damaged or destroyed until the Equipment is repaired or replaced;

(v)     Claim damages from the Hirer for breach of the Hire Contract; and/or

(vi)    Cease or suspend supply for any further Equipment to the Hirer.

(vii)   Offset: The Owner may set-off against any credit owed to the Hirer any amount owing by the Hirer to The Owner.

 

17.  Non-merger

 

17.1 The covenants, agreements and obligations contained in this Agreement shall not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they shall remain in force and effect.

 

  1. Severance 

 

18.1   If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

 

  1. Governing law

 

19.1    This Agreement is governed by the laws of the State of Queensland and each party submits to the exclusive jurisdiction of the Court of that State.

 

  1. Privacy policy

 

20.1    The Owner shall comply with the National Privacy Principles in all dealings with the Hirer.  Information on our privacy policy is available on request.

 

  1. Disputes

 

21.1     Both The Owner and the Hirer agree that any disputes arising from the hire and use of the Equipment (except in regard to payment of fees or charges) shall be negotiated with a view to settlement with the assistance of the Hire and Rental Industry Association Limited (Tel: 02 9997 5166) before litigation is pursued.

 

  1. Miscellaneous

 

22.1    The Owner shall not be liable for any items or objects that are kept within the tent for the hire period

22.2    The Hirer agrees not to use streamers, decorations or taping within or near any tent and shall be responsible for any damage incurred as a result of any such use.

22.3    The Owner accepts no liability as to any loss or financial penalty if due to adverse weather conditions, Equipment installation or collection is considered hazardous.

22.4    The Owner is in no way obliged to hire any Equipment to the Hirer and may refuse to hire Equipment to a Hirer at is absolute discretion including, but not limited to, if the Hirer fails to provide adequate identification or if, in the opinion on The Owner, the Hirer’s safety is put at risk by providing them with such Equipment.

22.5    This edition of these terms and conditions replaces and supersedes all previously issued Conditions of Sale and Hire by The Owner.

22.6    Any credit accommodation granted by The Owner to the Hirer may be reviewed at any time without notice.  Credit may be withdrawn for Hirer’s failing to make payments or use the Equipment in accordance with these terms and conditions and a statement may be issued at that time requiring payment within 7 days of any amount due and owing.

22.7    Entire Agreement: The Hire Agreement issued to the Hirer, including these terms and conditions, comprises the entire agreement between the parties.  No additional terms and conditions proposed by the Hirer (including any terms contained in any purchase order provided by the Hirer) apply to the hire of the Equipment unless agreed in writing by The Owner and in the matter of the hire these terms and conditions shall prevail.

 

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