Terms and conditions

Terms and conditions

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 12.01am on the Friday for which the goods are hired, which is the day the equipment leaves the company’s premises.  The hire period shall terminate 72 hours after that time.  By that time the equipment is to be delivered back to the company’s premises by the customer.  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 for one weekend (Friday – Sunday).  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    Payment
Full payment must be made upon booking of the equipment. Should hiring charges exceed the amount of the deposit the balance is payable by the customer immediately upon return.

4.0 Condition of equipment

The customer is responsible for checking the equipment upon pick up .  The company cannot accept responsibility for shortages or claims after the customer takes possession.  Where the customer is not available to check equipment being 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.

5.0    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.

6.0    Customers Responsibilities
6.1 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.

6.2 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.

6.3 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.

6.4 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.

7.0    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.

8.0 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.

9.0 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.

10.0 Company’s Right to Terminate Hire
10.1 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.

10.2 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.

11.0 No Warranties by Company
11.1 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.

11.2 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.

12.0 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.

13.0 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.