Terms and Conditions
- The Company (Pumicestone (QLD) Pty Ltd T/a Party Hire Online will be known as the Owner. The Customer will be known as the Hirer. The terms “hire”, “equipment hired” or any combination of those words shall refer to and mean the plant, equipment, materials set out on the “Hire Contract” “Tax Invoice” of this agreement.
- All monies pertaining to the ”Hire Contract””Tax Invoice” is payable to Pumicestone(QLD)Pty Ltd t/a Party Hire Online and all “Hire” is charged for TIME OUT – NOT TIME USED.
- The Hirer shall pay all hiring, delivery / pickup fees, stamp duty, repair, assembling, installing and any other costs, expenses, charges or fees paid or payable in regard to or associated with the hire of the “plant ,equipment’ by the Owner to the Hirer.
- All Delivery’s will only be made to valid street address as stated on the “Hire Contract” “Tax Invoice”.
- All delivery’s where the “Plant, Equipment” will be left unattended, will only be done so specifically at the “Hirer” request and will be noted on the “Hire Contract””Tax Invoice”. In Addition the Owner reserves the right to refuse delivery if it is deemed to be unsafe or unsecure to leave “plant, equipment” unattended.
- The minimum hire period is 1 day. Additional hire charge of 1/3 the “Hire Contract””tax Invoice” will be charged if “plant , equipment” is not may available for collection, with in the agreed pickup time as noted on the “Hire Contract””Tax Invoice”.
- The expiry date and pick up / collection time agreed to on the ‘Hire contract” ‘Tax Invoice” must be strictly adhered to. Any variation must be arranged with the respective office of the Company and additional hire charges paid in advance.
- All equipment should be left at an easily accessible position at completion of hire otherwise additional labor or pickup charge will occur. (Labor / Pick up charge will be charged at $35 per hour or part thereof.)
- The equipment may not be shifted from the address listed on the “Hire Contract””Tax Invoice” without the consent of the Owner.
- The Hirer shall be responsible for any loss, damage or theft to the equipment hired howsoever caused and the same must be paid for by the Hirer, at replacement cost/s.
- Hirer to grant access to the Owner to the equipment for repair examination or recovery when called upon to do so. The Hirer does hereby irrevocably authorize, license, consent agree and direct that the Owner may at any time, enter upon any land or premises of the Hirer or under the control or possession of the Hirer and take possession of the equipment hired by the Owner to the Hirer under this Contract or under any Contract of Hire whereupon this agreement shall be at an end except the Hirer shall be responsible for any costs, expenses and damages in regard to this hire agreement and the Owners taking possession of the hired equipment herein. The Hirer shall at all times assist the Owner in taking possession of the equipment hired as aforesaid.
- A cleaning charge as determined by the Owner will be payable by the Hirer for equipment not returned in a clean order.
- No warranty is given by the Owner as to stated condition of the equipment or as to their fitness for the purpose required by the customer provided that nothing herein contained shall be taken to exclude, restrict or modify any provision of the Trade Practices Act (1974) if applicable. The Hirer agrees that he has accepted the equipment hired and agrees that it is in good working order and he has satisfied himself of its suitability for his purpose and the Hirer shall release indemnify and hold indemnified and save harmless the Owner in respect of any suit, demands, actions, proceedings, demands, damages whatsoever arising whether directly or indirectly from any representation, term, condition or warranty (whether expressed or implied) use and/or operation by the Owner or otherwise whether due to negligent or unintentional conduct by the Owner or otherwise.
- The Hirer shall not be entitled to claim any lien over the Plant nor sell, transfer, mortgage, charge or encumber in any way the Plant nor, without the Owner’s written permission, part with possession of the Plant nor assign the benefit of the hire agreement.
- Notwithstanding any period of hire referred to on the face of this contract, the Owner may determine this agreement without notice and without reason thereto and the Owner shall not be liable to the Hirer and the Hirer shall indemnify and keep the Owner indemnified for any loss, damage, cost or expense arising as a result of the termination of hire set out herein.
- The Hirer agrees to use and operate the equipment in accordance with all Government, Local Government and Federal law regulations and ordinances.
- The Hirer shall not dismantle or remove any part or section of the hired equipment hired except with the written consent of the Owner first hand and obtained. Should the Owner consent as aforesaid, then that consent shall not be taken to be and is not an acceptance of responsibility for any loss, damage and expense caused directly or indirectly from that removal and dismantling and the Hirer shall be at all times responsible for any damage, costs, expenses, suits and demands whatsoever and including from the dismantling and or removal as aforesaid and the Hirer shall indemnify the Owner and keep the Owner indemnified in regard to all or any loss, injury and expense suffered or incurred to the equipment.
- The Hirer shall assume sole responsibility and indemnify and hold indemnified save harmless the Owner from any and all claims, liability, damages, expenses, judgments, responsibilities, suits, actions and/or loss of any nature whatsoever by reason of any claim, proceedings, damages, actions, demands, liability or injury howsoever arising whether directly or indirectly from the Hirer’s conduct, use, operation, transport, carriage and any other actions or in connection with (whatsoever or howsoever arising) the equipment hired or any section or part thereof whether as a result of the Owner’s or its servant’s or agent’s negligence or otherwise.
- The Hirer shall be responsible for all charges, Local Government fees, Government fees, impositions and expenses paid or to be payable directly or indirectly and incidental to the use, operation, carriage or possession of the hired equipment by the Hirer.
- Subject to Clause 19 herein, the Hirer shall be responsible and shall indemnify and does hereby release the Owner in regard to any loss, injury, damage, expense, liability or cost arising directly or indirectly from the modification, dismantling or operation of the equipment before or after the dismantling, modification or removal of any part or section of the equipment.
- The Hirer shall not hold out to be, is not taken to be, and is not an agent or servant of the Owner and the Hirer shall be responsible for and shall indemnify the Owner and keep the Owner indemnified in regard to any and all loss, damage, expense, injury, suit or cost arising directly or indirectly as a result of that holding out as aforesaid.
- This hire contract and invoice constitutes the entire understanding of the parties hereto with respect of the subject matter hereof and supersedes and replaces all prior communication/s between the parties as to the subject matter hereof except as the Owner shall in its sole discretion direct or declare.
- July 2016 (1)
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