Terms & Conditions Hire Agreement

 

Martyville Bash & Barrel Hire

45 Martyville Road MARTYVILLE QLD 4858

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TERMS AND CONDITIONS & HIRE AGREEMENT

1. Introduction

The following Terms and Conditions must be accepted by the “Hirer” prior to “The Owner” making the Equipment available to the “Hirer”. This agreement contains the terms and conditions of use that apply to the Hirer when hiring equipment from the owner.

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2. Definitions

The “Owner” means Martyville Bash & Barrel Hire.

The “Hirer” refers to any individual, firm or corporation hiring the equipment or that secures services from the Owner.

The “Equipment” refers to all of the items hired out by the Owner to the Hirer.

The “Event Date” is the day of the event provided by the Hirer to the Owner.

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3. The Hirer

The Hirer will hire the Equipment at its own risk and bear responsibility for the Equipment hired from the time of its collection or delivery into the possession of the Hirer and until the Equipment is returned to or collected by the Owner.

The Hirer acknowledges responsibility for the hired items and is liable for any damages to or loss of these items in the specified hire period.

The Hirer will:

• use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed;

• comply with any written instructions given to the Hirer or accompanying the Equipment;

• not remove the Equipment from the location designated in the order form, and must not sub-hire, part with possession or part with control of the Equipment;

• assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from the use of the Equipment. 

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4. Equipment

The Equipment supplied for hire remains at all times the property of the Owner.

The Hirer acknowledges that the Owner is the sole exclusive Owner of the Equipment.

 Nothing in this Contract confers any option on the Hirer to purchase the Equipment or any part thereof.

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5. The use of Equipment for Hire

Hiring of the items will commence from the pick up or delivery date and time specified by the Owner.

The items shall be collected and returned to the Owner by the date specified by the Owner. 

The Hirer acknowledges responsibility for the hired items and is liable for any damage to or loss of these items in the specified hire period.

The Hirer will take full responsibility for all equipment hired and for the conduct of all of their guests.  Martyville Bash & Barrel Hire takes no responsibility for the loss of, damage to, overwritten, altered or deleted personal greetings and guest well wishes or messages from the use of Audio Guestbook Hire.

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6. Payment for Hire

Written quotes are valid for 14 days or until the equipment requested has become unavailable.

To secure and confirm your booking a 50% non-refundable deposit of the total invoice value is required on receipt of the invoice issued and payable within 7 days of the invoice date.

The hire booking is confirmed upon receipt of a 50% non-refundable deposit of the total invoice value.

 Martyville Bash & Barrel Hire accepts payment in the following methods: Bank Transfer and Cash.

Full payment is required 14 days prior to the event date.

By paying in full or paying deposit the Hirer agrees to Martyville Bash & Barrel Terms and Conditions Hire Agreement.

The Hirer agrees to pay the Owner’s hire charge and any other charges, including charges for loss, damage and repairs, or other expenses paid or payable by the Owner.

If the Hirer does not make payment by the due date the Owner may cancel the booking without refund and hire any Equipment to another Hirer.

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7. Cancellations

To secure and confirm your booking a 50% non-refundable deposit of the total invoice value is required on receipt of the invoice issued and payable within 7 days of the invoice date.

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When we cancel the booking

If the Hirer does not make the non-refundable 50% deposit payment within 7 days of the date of the issued invoice the owner may cancel the booking and open the availability of the hire equipment and decor to a new Hirer.

 

Full payment of the total invoice balance is required to be paid 14 days prior to the event date.  Failure to pay the balance of the invoice 14 days prior to the event date will result in the forfeiture of the paid 50% deposit and the cancellation of the booking. 

 

On the rare occasion that we would be required to cancel the booking due to unforeseen circumstances that are beyond our control including but not limited to, sudden illness, or the inability to provide a delivery service on invoices that state a Delivery & Collection Service, a full refund of the total amount that has been paid on the invoice will be issued on cancellation of the booking.

 

When you cancel the booking

Cancellations made by the Hirer at anytime prior to and up until 14 days before the event date will result in the forfeiture of the paid 50% deposit.

 

When the total booking invoice amount has been paid in full and the hire booking is cancelled within the (14) days prior to the event date 25% of the total invoice will be refunded.

Cancellations of bookings due to weather shall still be subject to the cancellations stated above. Martyville Bash & Barrel Hire does not accept responsibility for intemperate weather that may cause the Hirer to cancel  bookings.

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8. Delivery and Collection

The Hirer must provide safe access to and from the sites and advise the Owner of any unusual delivery conditions including but not limited to dangerous dogs and steep driveways.

The Hirer is responsible for having someone available to accept the items on delivery and release the items upon collection.

Hire item prices do not include delivery, collection, or set-up unless specified by The Owner.

The delivery and installation fees vary depending on the location of the event and the items contained on the order. 

Accessibility of event locations will be considered when determining appropriate fees for delivery fee.  Delivery is available only for venues and locations at ground level that are easily accessible by vehicles and only require short distance to travel by foot where grounds or floors are level and clear of obstructions.

Unless a setup fee has been noted and charged to the Hirer on the Invoice and agreed upon by the Owner, the Owner is not responsible for the setup of equipment.

For Hirer collection and returns the Hirer must have a suitable vehicle to collect our equipment and use blankets for protection and ropes for securing the Equipment.

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9. Loss of or damage to equipment

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. 

The Hirer will take full responsibility for the conduct of all guests and will take full responsibility for any damage to property caused by guests and will pay incurred costs.

If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or willful act, vandalism or theft of the Equipment; or omission of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for; (a) any costs incurred by the Owner in repairing or replacing the Equipment; (b) any other costs whatsoever incurred or loss suffered by the Owner as a result of the damage to or loss of the Equipment.

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10. Release and Indemnity

The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or the Hirer’s breach of any of these terms.