Party hire terms and conditions

Our party hire period is from the Thursday before the party until the Tuesday after the party!

Terms & Conditions

The “customer” agrees to the
following terms & conditions of hire when hiring “equipment” from Dinky
Kids Ltd (“the Company”).

1.0     Hire Period

The hire period commences at the time shown on page one of this form, which is
the day the equipment leaves the company’s premises.  The hire period
shall terminate at the date stated by the company on the face of this
form.  By that time the equipment is to be delivered back to the company’s
premises either by the customer or by the company when requested.
Additional cartage charges are to be paid by the customer. Failure to return
the equipment by the end of the hire period will result in an additional charge
of $100 per day PLUS the regular hire fee for the days the equipment is not
returned.

2.0 Hire Charges

Equipment is normally hired on a daily, weekly, or monthly basis.  In the
absence of special rates to the contrary, the equipment is hired for a standard
three day period.  The minimum charge for any hire will be as per the
rates outlined in the company’s ‘Price List’.  The hire period, and
corresponding rate, applies from the time the equipment leaves the company’s
premises to the time that it is returned.

3.0 Deposit

A deposit is required to secure a booking with balance being payable before
pick up or delivery.  The deposit payment forms part of the total payment
due for the hire and is different from the bond payment.

4.0 Refundable Bond

A Refundable Bond is payable for equipment hire and will be refunded if the
equipment is returned in good order and working condition.  If the
equipment is returned unclean, or with damage, missing items, or stains, the
bond will be retained by the company.

5.0    Payment

Full payment must be made prior to collection or delivery of the hire
equipment.  Normally the payment required before hiring commences will
exceed the estimated hiring charges and an appropriate refund (the ‘bond’) will
be made to the customer on return of the equipment in good order and working
condition.  Should hiring charges exceed the amount of the deposit the
balance is payable by the customer immediately upon return.

6.0
Delivery and Removal of Equipment

6.1    The customer authorises the company to bring its vehicles
onto their property to deliver and collect the equipment.  The company
shall not be responsible to the customer or any third parties for any damage
that may be done to driveways, grass areas, underground services, or anything
else.

6.2 The customer shall be present at the delivery address to acknowledge
receipt of equipment hired.  If the customer is not present, the company
may charge the customer $20.00 per person per hour while the persons effecting
delivery are waiting.

6.3    The customer is responsible for checking the equipment
upon pick up or delivery.  The company cannot accept responsibility for
shortages or claims after the customer takes possession.  Where the customer
is not available to check equipment being delivered or collected, the customer
shall not be entitled to subsequently dispute the amount of, or condition of
the equipment recorded in writing as returned by the company at the time of
return.

7.0    Insurance

The customer is responsible for the insurance of equipment for the period of
hire including where the customer transports to and from the premises of the
company.  The customer shall indemnify the company against any damage or
loss or from theft which may occur whilst the equipment is in the care of the
customer.

8.0
Customers Responsibilities

8.1 The customer shall take proper care of the equipment and shall indemnify
the company against any damage or loss or theft.  The customer must reimburse
the company in full for any damage or loss immediately upon termination of the
hire.

8.2 If the customer finds that the equipment is not in working order or finds
any fault with the equipment, where possible they must notify the company
immediately.  If the company is only notified at the completion of the
intended hire period, then the company is not liable for any compensation to
the customer.  If the customer requests the company to inspect the
equipment on site and it is found that the equipment has no fault, then the
customer may be liable for an additional labour and transport cost.

8.3 The equipment does not purport to be new or equal to new but when sent out
all items are understood to be good condition and fit for normal purposes.

8.4 Equipment must be returned in clean condition otherwise a cleaning fee will
be applicable.  If tablecloths, chair covers, or other materials have
stains from red wine, candle wax, or other permanent markings, the applicable
cleaning fee will be equal to the replacement costs plus any additional costs
the company may incur.

9.0    Damage
to Property and/or Person

Upon hiring the customer hereby accepts responsibility for the loss or damage
to property and/or injury to any person/s resulting from the installation, dismantling,
use or operation of the equipment and hereby indemnifies the company against
any claims which may arise from any person/s.

10.0 Loss or Damage of
Equipment

Upon hiring the customer hereby accepts full responsibility in the event that
the equipment is lost or damaged beyond repair whilst in the customers care and
will be liable for the full replacement cost plus any additional costs that the
company may incur in replacing the product.

11.0 Cancellation of Hire

If the customer, for any reason, terminates a booked hire, irrespective of
whether a bond has been paid or not, then the following fees will apply:

If cancelled within 28 days of delivery and/or event date – 10% of total
invoice value or bond not refunded

If cancelled within 14 days of delivery and/or event date – 17.5% of total
invoice value

If cancelled within 36 hours of delivery and/or event date – 25% of total
invoice value

In any circumstances where cancellation occurs and the company has incurred
additional costs such as loading of vehicles, transportation of equipment, or
utilization of labour, then additional fees may also be incurred by the
customer.

12.0 Company’s Right to
Terminate Hire

12.1 The company may terminate the hire at any time without providing any
reason for so doing, either verbally or in writing.  The company will not
be responsible to the customer for any loss they may claim to have suffered in
respect of such termination.

12.2 Notwithstanding termination of the hire the customer shall be obliged to
pay the company a sum equivalent to hire fees at the rate specified therein in
respect of any period from date of termination of the hire until the equipment
is actually returned to the company’s premises.

13.0 No Warranties by Company

13.1 The company makes no warranty or representations to the state, quality, or
fitness of any equipment for any particular purpose and no such warranty shall
be implied from the description of the equipment on the face of the form.
All implied warranties and conditions as to the state, quality or fitness of
the equipment for any purpose are hereby excluded.

13.2 The customer shall, forthwith on request by the company advise the company
the whereabouts of the equipment and allow the company, its agents, or
employees reasonable time to inspect and test the equipment and for such
purposes the customer hereby gives irrevocable leave and license to the company
and its employees and agents to take possession of and remove the same and to
enter upon any premises where the equipment of any of the same or any part
thereof may be.

14.0 No assignment of
equipment or agreement

The customer shall not sublet the equipment to any other person, but this shall
not prevent employees of the customer using the equipment in conformity with
this agreement.

15.0 Acceptance of Terms
& Conditions

If, for any reason, the customer has not acknowledged these terms and
conditions by signing the face of the invoice, by accepting the equipment for
hire from the company the customer will have deemed to have accepted the terms
and conditions of hire.

 

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