Company; Gilkison Events Corporation Pty Ltd as trustee for Gilkison Event Hire Trust (ABN 41 720 595 357) trading as Reeces Events Hire. Company Premises; 506 Guildford Road Bayswater Western Australia
Hirer; an individual, company, corporation or incorporated body hiring goods from the company.
Goods; any equipment provided by the company including but not limited to glassware, marquee structures, staging, scaffold, audio visual and lighting equipment, catering equipment and other such event equipment.
1. CONDITIONS PRECEDENT
1.1. These terms and conditions apply to all transactions with the company and shall supercede all written or oral, previous or contemporaneous proposals, negotiations, representations, commitments, agreements, conditions or all other communications between the Company and the Hirer and shall constitute the entire agreement between the parties unless expressly varied in writing by the company.
1.2. All orders constitute an offer made by the Hirer to the Company to hire the Goods. The Company reserves the right to accept or reject the Hirer’s offer for any reason, including unavailability of the Goods ordered. If the Company chooses to reject the Hirer’s offer, the Company shall inform the Hirer accordingly, in writing.
1.3. Any order placed by the Hirer is deemed to incorporate these terms and conditions.
1.4. The extension of credit to the Hirer by the Company shall be at the sole discretion of the Company and, where extended, unless otherwise advised in writing by the Company, the Company requires payment in full within thirty (30) days of the end of the month or as otherwise specified in the invoice.
1.5. The Hirer agrees that the Company shall be entitled to request and/or obtain from the Hirer, information concerning the Hirer in order to assess the Hirer’s credit worthiness.
1.6. Time specified for payment is of the essence.
1.7. Any quotation offered by the Company will remain valid for thirty (30) days only, from the date specified thereon.
2.1. Title to and property in the goods shall remain with the Company at all times. The Hirer acknowledges that he shall not permit any interest, lien or mortgage to be applied to any goods supplied under this contract or imply or otherwise purport that Companyship or title is or has been transferred to the Hirer.
3.1. Any failure by the Company to insist on strict performances of any of the terms in these “Terms and Conditions” will not be construed as a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach of default by the Hirer.
4. HIRE CONDITIONS
4.1. The Hirer will pay charges at the rate, and in the manner specified, from the commencement date of the hire until the goods have been returned by the Hirer to the premises of the Company, or until the Hirer notifies the Company that the goods are ready for collection and arrangements are made with the Company for the collection of the goods.
4.2. In the event of the Hirer requesting the Company to transport the goods to or from the Companys premises and installing and/or collection the goods from, the Hirer shall pay to the Company the Companys ruling charges and expenses incurred in such delivery, collection and/or installing, in addition to the hiring charges.
4.3. All hire charges, delivery & collection charges where applicable shall be payable immediately upon return or collection of the goods unless otherwise specified.
4.4. The hiring is personal to the Hirer and is not assignable to any person, persons or company whatsoever.
4.5. Hire rates are based on the following period of hire and hours usage. 24 hours (1 day)
4.6. If the Hirer uses the goods outside the hours shown above, he will be liable to pay the Company for the excess on a pro rata hourly or daily basis at the discretion of the Company.
4.7. Unless otherwise stated the words “the Hirer” includes servants, agents or contractors of the Hirer.
4.8. It is expressly understood by the Hirer that the onus rests with him to ensure that the goods are returned to the Company’s premises or that all the goods are collected and returned to the Company’s property. Failure to do so will result in hire charges continuing until return is completed.
5. CONDITIONS OF SITE
5.1. All quotes are subject to site inspection.
5.2. Permission to spike all structures at the given venues is for the responsibility of the Hirer.
5.3. Clear truck access to sites is a stipulation and any additional cartage and/or requirement for cartage equipment including, but not restricted to additional manual labour, all terrain forklifts and/or hiab trucks, will be charged as an additional cost, if deemed necessary.
6.1. The Company will not be held responsible for any damages and/or loss of services as a result of interference to surrounding buildings, access roads, event site, under & over ground pipes and/or conduit that may be affected during the event period.
6.2. The Company requests, when possible, a site plan of all underground amenities be made available to structure staff. If a site plan is unavailable and/or the marquee structure falls over any sensitive over or under ground amenities, it is the responsibility of the Hirer to ensure that a site supervisor is available during the erection and dismantling procedure.
6.3. The Company will erect and dismantle all marquees according to industry standards as outlined in manufacturers guidelines, if available for specified marquee structures in quote.
6.4. The Company will forward engineering specifications, if available for the structure(s) quoted, on request.
6.5. All marquee structures will be signed off by our onsite structure supervisor on completion of the set-up of the structures. These will be made available on request. Structural compliance certificates from qualified structural engineers if required, are only available on request at an additional cost.
6.6. Additional structural requirements, outside of the standard structural specifications will be charged at applicable rates, assuming availability of supply.
6.7. The Company reserves the right to amend structural configuration and/or structural requirements to maintain structural integrity of marquees at additional cost to the Hirer, if deemed necessary for the site.
6.8. Most marquee structures require eave wall cable bays at specified intervals. It is the responsibility of the Hirer to request floor plans to establish sight line and/or access issues PRIOR to the erection of the marquee structure as any changes may be charged at the applicable rates.
7. INSPECTION, WARRANTY AND BREAKDOWN
7.1. The Hirer acknowledges it is his responsibility all goods are inspected at the time of receipt and failure to do so shall not diminish such responsibility. This will ensure that the Hirer;
7.1.1. Is satisfied that the goods are in clean condition and in good substantial order, repair and condition.
7.1.2. Is aware of the proper use for which the goods are designed.
7.1.3. Will keep and maintain the goods in a clean condition and good working order and repair
7.1.4. Will service the goods, at his own expense, in a proper manner and supply all the necessary service and maintenance.
7.1.5. Will supply at his own expense all fuel necessary for operation of the goods.
7.1.6. Will give the Company access to the goods for inspection at any given reasonable time without the Company giver prior notice in that regard.
7.2. In the event of service requirement, breakdown or failure of goods, the Hirer will NOT have any repairs affected by any person other than the Company or such person as the Company may nominate.
7.3. In the event of a breakdown or failure which in the opinion of the Company is caused by fair wear and tear, the Company:
7.3.1. Will at his own expense restore the goods to working condition as quickly as reasonably possible.
7.3.2. Will NOT hold the Hirer liable to the hiring charges calculated on an hourly basis, while the goods are inservicable providing the Hirer notifies the Companys hire controller within 12 hours of a failure occurring.
7.4. Notwithstanding anything herein contained, the Hirer hereby acknowledges that no warranty or condition expressed or implied is given by the Companys as the conditions of the goods or as to the suitability or fitness of the goods for any purpose.
8. LOSS, DAMAGE AND CLEANING
8.1. If on return the goods are found not to be in clean condition and not in good and substantial order and repair (fair wear and tear excepted) the Hirer shall pay to the Company the cost and expenses of restoring the goods to clean condition and/or good substantial order and repair. This includes barbeques, rotisseries and electrical equipment.
8.2. The Hirer accepts full responsibility to compensate the Company at present day sale value for the goods or parts thereof which may be damaged, lost or stolen from the time of commencement of the hire or delivery, whichever is earlier, until the goods are returned to the Companys premises or collected by him. This also applies to the loss or damage to boxes, crates and cartons supplied with the goods. This right shall not be prejudiced by or prejudice any other right under this agreement.
8.3. The Hirer acknowledges that hire charges will continue until the hire materials are either returned to the Companys premises or until the invoice for lost, missing or damaged materials are paid for.
8.4. Should previously charged for lost or missing materials be located and returned, a credit for the amount previously charged shall be credited less any hire charges accumulated from the previous off-hire date.
9. DAMAGE WAIVER:
9.1. Please note this is separate and distinct from insurance (refer clause 10). The Hirer agrees to pay a damage waiver to the Company to cover any costs associated with any accidental damage to its equipment, provided that the replacement cost and/or the cost of repairs to the equipment which was damaged does not exceed 7% of the hiring fee for the particular piece of equipment. If the damage exceeds 7% of the hiring fee for the item of equipment, then clause 8 shall apply. The damage waiver does not apply to or cover any other damage to or loss of equipment including, without limitation:
9.1.1. damage resulting from overloading, exceeding rated capacity, misuse or abuse of the equipment.
9.1.2. damage or loss due to disappearance of the equipment.
9.1.3. damage caused by the use or operation of equipment in contravention of any of these Terms.
9.1.4. damage to, or loss of, the equipment from any unknown cause.
9.2. The Damage Waiver is not refundable.
10.1. The Company will provide in-transit and public liability insurance for all materials during transit, erection and dismantling where this service is being supplied by the Company.
10.2. The Hirer shall be responsible for all materials, structures and other supplied goods and plant for loss, breakage, damage (intentional or accidental), fire, theft, riot, terrorism, industrial accidents, impact, earthquakes, weather conditions such as storms, cyclones, flooding or any other incident whatsoever that damages, destroys or results in goods not being in the same condition that they were supplied, at any time the goods are on site and/or in the control of the Hirer.
10.3. The Hirer shall cause to replace or repair at the Hirer’s expense or pay the Company, the Company’s repair or current sales price for replacement of any goods not returned or not returned in the same condition as they were supplied. Hire charges will continue until such repair, replacement or payment of such goods to the Company is received.
11.1. The Hirer shall be responsible for and liable for all statuary conditions and regulations. The Hirer hereby indemnifies and holds the Company from and against all claims actions, suits, demands, costs and expenses, including all legal costs and expenses, in any way arising out of the use of the goods between the commencement of the hire and the return of the goods to the Company whether caused by negligence of the Hirer, his servants or agents or by arising out of negligence of any other person whatsoever or arising out of the condition of the goods or of the use to which they are put or otherwise whatsoever.
12. FORCE MAJEURE
12.1. The company will not be liable for a breach of contract due to any matter or thing beyond the Companies control including (but not limited to) transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lockouts, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident.
13. TERMINATION AND BREACH OF AGREEMENT
13.1. The agreement may be terminated by the Company giving the Hirer two days notice.
13.2. If the Hirer makes the default in the observance or performance of any of the above terms and conditions the Company shall not be at liberty to remove the goods forthwith without notice, for which purposes the Hirer hereby authorizes the Company, its servants and agents to enter into or without prejudice to any other rights that the Company may possess, to search such premises and to remove goods to the reform.
13.3. The Company shall be at liberty to cancel this Contract with the forfeiture of any monies paid at any time without being liable for damages for so doing in the following circumstances:
13.3.1. The Hirer commits a breach of this or any other uncompleted sales contract between the Company and either the Hirer or any other entity related to or associated with the Hirer;
13.3.2. The Hirer goes into liquidation;
13.3.3. A receiver and manager of any of the Hirer’s undertaking or assets is appointed;
13.3.4. The Hirer proposes or makes any composition or arrangement with its creditors;
13.3.5. An official manager is appointed in respect of the Hirer;
13.3.6. The Hirer becomes bankrupt or applies to take benefit of any law for relief of bankrupt or insolvent debtors or compounds with his creditors or makes an assignment of his remuneration for their benefit.
13.4. The Hirer modifies the parameters of the Contract or the type, colour or quantity of the product contained therein. In the event of a breach of any of these conditions or of any default in any payment due from the Hirer under this hire contract or any other contract with the Company, the Company shall be at liberty forthwith to terminate the contract without notice to the Hirer and thereupon to take possession at any time and in any manner of any goods supplied in accordance with this contract.
14.1. These terms and conditions shall be governed by the laws of Western Australia and each party submits to the non-exclusive jurisdiction of the Courts of Western Australia, the Federal Court, and the High Court of Australia.
15. TERMS OF PAYMENT
15.1. The Hirer agrees to pay cash (Cash, Cheque, Bank Card, Master Card, Visa Card and EFTPOS) for the hire of the goods or as arranged with the Company unless the Hirer and Company have previously arranged trading terms.
15.2. The Hirer agrees to pay interest at the rate of 1.5% per month on overdue accounts or dishonoured cheques.
15.3. The Hirer agrees to pay all debt collection fees and disbursements, including the cost of services of any debt collector or any other party to collect any account or dishonoured cheque.
16.1. All quotes are subject to availability at the time of confirmation
16.2. The Hirer acknowledges that confirmation of an order will only occur upon receipt of a 40% deposit and the Company has no obligation accept any order without such payment.
16.3. 40% invoice will be issued for deposit and is payable on receipt of invoice
16.4. Delivery, set-up, hire, dismantling and collection as per quote, will be invoiced on acceptance of the order and becomes payable on completion of set-up of structures.
16.5. All losses, breakages, additions and credits will be invoiced as a separate amount after the event and is payable within 7-days of receipt.
16.6. The Hirer that has supplied a credit application and has been advised of its acceptance in writing from the Company shall pay all deposit, transactional and adjustment invoices within 30 days from the date of such invoice unless otherwise specified.
17. CANCELLATION POLICY:
17.1. Cancellation once order has been confirmed but prior to the loading process of goods ordered will result in a 40% charge against the invoice, quote or order (which ever is greater).
17.2. Cancellation of order once loading process has begun will be charged at 60% of invoice.
17.3. Cancellation of order after goods have left our warehouse will be charged at 75% of invoice.
17.4. Cancellation of order after the commencement of structural set-up will be charged at 100% of invoice.
18. EXCLUSIONS (if not specified on the quote):
18.1. Set-up of internal items ordered including but not limited to furniture, linen, crockery, cutlery and glassware
18.2. All flights, associated flight taxes and non-metro transportation, if required.
18.3. Accommodation for staff, if required.
18.4. Use of a suitable forklift on site from set-up through to completion of dismantling/loading, if required.
18.5. Use of scissor lift and/or EWP from start of set-up through to completion of pull-down of structures, if required.
18.6. Any additional safety requirements stipulated by the site managers outside of The Company standard operating procedures. This would include, but not be restricted to items such as closed safety glasses, overalls etc…
18.6.1. A full list of items specifically required for the quoted site must be stipulated in writing as soon as possible to ensure that we will comply.
19.1. Reece's Structures & Gilkison Events Hire offers this quotation in good faith based on details provided to it and reserves the right to advise of alterations or additions to this quotation should any mistakes, miscalculations or omissions become apparent.
19.2. The Company reserves the right to review and amend its price lists and terms and conditions from time to time. Written notification forwarded to the Hirer by ordinary mail shall be deemed sufficient notification to bind the Hirer to any revised or amended terms for all orders placed by The Hirer and accepted by the Company after receipt of such notification