HIRE BY ELLE Terms and Conditions
For the purposes of this contract the agreement is between the following parties:
The Clients or Client – meaning the person/ people/ partnership/ company/ organization or other body hiring Goods from HIRE BY ELLE.
AND
The Provider– meaning HIRE BY ELLE (ABN: 85247385589)
This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties.
DEFINITIONS/INTERPRETATIONS
- Booking means a booking for the hiring of Goods placed by the Client in response to a Quote or other offer by the Provider.
- Costs includes charges and expenses, and costs, charges and expenses in connection with legal and other advisers.
- Goods means the goods and other property listed in the Quote to be hired to the Client.
- Hire Fee means the amount to be paid by the Client to hire the Goods as set out in the Quote or as otherwise agreed in writing by the parties.
- Laws means common law, equity, legislation, regulations, statutory instruments, guidelines, codes, standards and policies of the Commonwealth of Australia or any State, Territory or local government.
- Loss means any and all losses, including interest, Costs, fees, damages, liabilities, judgments, penalties, agency fees, field calls, repossession costs, shortfall on sale of goods after repossession, legal costs and expenses and consequential losses.
- Quote means a written description of the Goods to be hired to the Client and the Providers fees, charges and expenses for the hire of the Goods.
- Rental Period means the period of time for which the Goods will be hired by the Client as set out in the Quote or as otherwise set out in writing by the Provider.
- Rental Ready Condition means the Goods have been operated and maintained within all specifications and tolerances, have been tested to confirm the Goods are operationally safe and ready to use; are in a clean and presentable condition; and are immediately able to be hired out to a third party user without the need to prepare the Goods in any way.
- Terms means these terms and conditions.
PERMISSION AND ACCESS
The Provider will arrive at the event venue approximately 3 hours before scheduled rental start time to setup Goods. It is the sole responsibility of the Client to secure permission of the event venue for the Provider to setup at
the event. If the Client wishes that setup be in an outdoor part of the venue Goods must be under a covered and protected area at all times, unless otherwise agreed on and communicated in writing. The Client is responsible to
inform the Provider of any restrictions at the site (included but not limited to lack of service elevators in multi-story venues) that may affect the setup of Goods and/or the Providers ability to adequately perform their duties. The Client understands that such restrictions may adversely affect the delivery of Goods, and that the Provider is not responsible for the consequences of such restrictions.
the event. If the Client wishes that setup be in an outdoor part of the venue Goods must be under a covered and protected area at all times, unless otherwise agreed on and communicated in writing. The Client is responsible to
inform the Provider of any restrictions at the site (included but not limited to lack of service elevators in multi-story venues) that may affect the setup of Goods and/or the Providers ability to adequately perform their duties. The Client understands that such restrictions may adversely affect the delivery of Goods, and that the Provider is not responsible for the consequences of such restrictions.
QUOTE
A Quote provided to the Client is valid for 5 days from the date of issue (unless varied, amended or withdrawn by the Provider). To accept the Quote and make a Booking, the client must reply to the Providers email with acceptance where indicated. Making a Booking constitutes acceptance of these Terms and Conditions specified in the Quote.
PAYMENTS, DEPOSITS/BOND AND INVOICING
The Client must pay a deposit amount and return a signed contract; only then the event date and hiring period is secured. The total price for the services provided will be as invoiced to the Client by the Provider. Payments are due at the following times: 30% initial deposit/bond; the Hire Fee is due 14 days before the event date. It is the Clients responsibility to pay all monies in full under this agreement and in the manner herein provided, if full payment is not received by the due date the Provider will deem the booking cancelled and any monies paid will not be refunded. The Provider will make every reasonable attempt to provide notice to the Client before cancellation occurs. Payment options are as stated on the invoice the Provider issues the Client. If the Client elects to pay the invoice by PayPal, a 3% surcharge will be added to the total amount of the invoice. The deposit/bond amount will be repaid to the Client in full once the Goods have been inspected and deemed to be in in Rental Ready Condition.
CANCELLATIONS
The Client must notify the Provider of his/her desire to cancel or remove items from the Booking in writing. The Client shall be responsible for the payment schedule as set forth above. Please note the 30% deposit once paid is non-refundable, non-transferable and cannot be date changed. If the client cancels or removes items from the Booking within 30 days of the Rental Period, the Client has no right to any refund of the Hire Fee. If the Provider cancels the contract due to illness the Provider will refund all or a portion of the fees already received. Any fees paid for services/products already completed will not be refunded.
RELEASE OF LIABILITY, FAILURE TO RENDER SERVICES AND FORCE MAJEURE
In the event the Provider fails to comply with the terms of this agreement, the Provider will only be liable for funds received. The Provider will not be liable to the Client, because of such termination for compensation or reimbursement. The Client agrees that the Provider will not be responsible for consequential damages. The Provider will not be liable for failing to perform under this agreement by the occurrence of any event beyond the Providers reasonable control, including but not limited to a labour disturbance, internet outage or interruption of service, communication outage, failure by a service provider to us to perform, fire, riots, threatened or actual act of terrorism, natural disaster, or war.
INDEMNITY DISCLAIMER
The Client agrees to, and understands the following: a) the Client will indemnify the Provider against any and all liability related to the Clients event and use of the Providers Goods, the Provider shall not be liable for any injury, loss, or damage that may arise while it and/or its authorized on-site attendants are on the property of the venue location. The Client agrees to use the liability insurance of the Venue or the Clients own personal liability insurance coverage during the Event Date for any liability claim related to the operation and/or use of the Goods by the Client and/or the Client’s guests and the Client agrees to indemnify the Provider for any and all such claims.
DAMAGE OR LOSS
The Client assumes complete responsibility for any loss, theft, destruction or damage to the Provider’s Goods caused by any misuse of the goods by the client, his/ her guests (invited or not invited), employees, independent
contractors or other agents under the client’s control. The Client shall also be responsible for any loss of or damage to the Provider’s goods caused by Theft, Fire, Flood or Accidental Damage. The Provider may revoke the goods at
any time during the event if they feel the goods are being misused. No refund of monies paid will be given to the Client in such occurrences. The Client agrees that restitution must be made within 30 days of damaged or stolen goods, in the form of replacement goods or fair market value. The Client must immediately inform the Provider if any of the goods are lost, stolen, destroyed or damaged.
contractors or other agents under the client’s control. The Client shall also be responsible for any loss of or damage to the Provider’s goods caused by Theft, Fire, Flood or Accidental Damage. The Provider may revoke the goods at
any time during the event if they feel the goods are being misused. No refund of monies paid will be given to the Client in such occurrences. The Client agrees that restitution must be made within 30 days of damaged or stolen goods, in the form of replacement goods or fair market value. The Client must immediately inform the Provider if any of the goods are lost, stolen, destroyed or damaged.
MISCELLANEOUS
– There is a $150 minimum spend for all prop hire. Delivery service fees and bond payments are not included in the minimum spend.
– Delivery/travel fees apply for all deliveries. Venue/location must be specified on the booking form. Any additional delivery details must be outlined on the booking form or additional fees may be incurred. Eg. loading dock information, stairs ect
– A surcharge will apply on Christmas day, Good Friday and Easter Sunday of 20%.
– The Goods always remains the property of the Providers and are not to be moved from the venue or hire location specified on booking form.
– The Client only has a right to use the Goods in accordance with these Terms.
– The Client must not alter or in any way change the Goods.
– Delivery/travel fees apply for all deliveries. Venue/location must be specified on the booking form. Any additional delivery details must be outlined on the booking form or additional fees may be incurred. Eg. loading dock information, stairs ect
– A surcharge will apply on Christmas day, Good Friday and Easter Sunday of 20%.
– The Goods always remains the property of the Providers and are not to be moved from the venue or hire location specified on booking form.
– The Client only has a right to use the Goods in accordance with these Terms.
– The Client must not alter or in any way change the Goods.
By paying the deposit invoice the Client agrees to the terms and conditions of this contract.