PLEASE READ THE TERMS AND CONDITIONS OF HIRE BELOW, ENSURE THAT ALL ORDER DETAILS ARE ACCURATE, AND RETURN A SIGNED AND DATED COPY TO ENCHANTED EMPORIUM. ENCHANTED EMPORIUM TAKES NO RESPONSIBILITY FOR CHANGES ONCE THE HIRER HAS AGREED TO THE ORDER.
1.DEFINITIONS.In these terms & conditions of hire, the following terms have the following meanings:
‘Dry Hire’ means the hire of Equipment to the Hirer without delivery or installation provided by the Owner.
‘Equipment’ means all properties which the Owner agrees to hire to the Hirer.
‘Hirer’ means the person hiring the Equipment from the Owner.
‘Hire Period’ means the period for which the Equipment is hired as shown on the Order or subsequently agreed between the Owner and Hirer.
‘Owner’means the company which supplies the Equipment to the Hirer, Enchanted Emporium.
‘Order’ means the quote form used by the Owner for the placement of orders for the hire of Equipment.
‘Price’ means the price for hiring the Equipment as shown on the Order.
2. APPLICATION OF TERMS. These terms apply to all Equipment hired by the Hirer from the Owner.
3. HIRE. The Hirer hires the Equipment from the Owner for the Hire Period only. All Equipment remains the property of the Owner.The Hirer must not remove any Equipment from the specified event without prior written consent from Enchanted Emporium. All Equipment remains entirely the risk of the Hirer for the Hire Period. Enchanted Emporium shall be at liberty to remove or recover or retrieve hired equipment at any time, before, during and after period of hire. Enchanted Emporium shall be at liberty to terminate hire at any time, before, during and after period of hire.
4. DRY HIRE. The Dry Hire of Equipment must be agreed upon by both the Hirer and the Owner prior to the Hire Period. Conditions of Dry Hire include:
. a) Equipment is To be picked up in a fully covered vehicle (e.g. a station wagon, van or truck) and cannot be picked up in a utility or trailer.
. b) Equipment is to be picked up and delivered back to the warehouse as per the Hire Period and must be agreed upon by both the Hirer and the Owner prior to the Hire Period.
. c) The Hirer must provide the Owner with clear pick up and deliver instructions at least 7 days prior to the commencement of the Hire Period. These instructions must include the date,time, name and contact details of the Hirer or Hirer’s Representative who will receive and return the Equipment (they must be over 18 years of age and have an Open Drivers License).
. d) The Hirer is responsible to protect the Equipment from any damage during transit, using appropriate strapping and protective materials.
. e) The Hirer is liable for damage to Equipment caused for the entire Period of Hire from when it leaves the warehouse to when it is returned.
. f) All furniture and hired items must be returned in a clean and presentable condition. Failure to do so will lead to additional costs to be charged to the Hirer.
5. PRICE. The price is for the hiring of Equipment for the Hire Period and where listed includes services of delivery and pickup, GST and damage waiver as set out in the invoice. Deposits paid at time of booking are non refundable.
6. ADDITIONAL COSTS. The Hirer must pay to the Owner in addition to the Price, all additional costs incurred by the Owner including: if the Owner cannot obtain appropriate access to pick up Equipment, a failure of the Hirer to have Equipment ready for pick up at the agreed to time, in cleaning the Equipment where it has been returned in an unclean state.
7. WET WEATHER. The Hirer must have a wet weather alternative plan if the event is outdoors. This must be agreed upon prior to the Hire Period between The Hirer and the Owner. The Owner reserves the right not to deliver the Equipment if the event is outdoors and an alternative plan has not been provided by the Hirer.
8.RETURN OF EQUIPMENT. All Equipment is to be returned in a clean and presentable condition by the Hirer no later than close of business on the last day of the Hire Period. All Equipment must be returned clean, in good repair, properly stacked and packed and otherwise ready for transit or storage. In the event that equipment is to be picked up by Enchanted Emporium this must be located in an accessible clean, dry area and packed similarly to when it was delivered.
9. HIRE PERIOD. The Hire Period is overnight only unless otherwise specified an agreed upon between the Owner and the Hirer. An additional hire charge will be incurred if the equipment is not returned by the agreed date as per the confirmation of the Order.
10. PAYMENT. The Price is set out in the Order and is payable to the Owner as follows:
a) 40% non refundable deposit on acceptance of the Order by the Hirer OR
- b) 100% deposit (60% refundable) on acceptance of the Order by the Hirer.
- c) 60% balance payment due no later then 30 days prior to the commencement of the Hire Period.
- d) The Owner’s preferred method of payment is direct debit.
- e) All credit card and Paypal payments will incur a 3% surcharge.
The Owner is not obliged to deliver possession of the Equipment to the Hirer until funds given in payment of the Price are cleared.
11. CANCELLATION. In addition to the 40% non refundable deposit, additional cancellation fees apply to bookings that are cancelled prior to the Hire Period. Cancelling up to 21 days prior to the Hire Period incurs an additional 35% fee (a total of 75% of the Price).
12. REFUNDS. Any refund provided by the Owner to the Hirer will incur an administration fee as well as include financial or merchant fees that have been charged. The Owner will refund within 28 days.
13. RISK. The Equipment is at the risk of the Hirer during the Hire Period and at all times during which it is on site or remains in the Hirer’s possession.
14. DAMAGE TO EQUIPMENT. The Hirer must compensate the Owner Or the replacement cost of any Equipment which is damaged, lost or stolen during the Hire Period or at any time during which it is in the Hirer’s possession. The Hirer must also compensate the Owner for any other loss or expense it incurs as a result of such events.
15. DAMAGE WAIVER FEE.
. a) Upon payment by the Hirer of the Damage Waiver Fee, the Hirer is not responsible for the cost of repairs to or the cost of replacement of the Equipment if necessary because of damage to the Equipment sustained during the Hire Period.
. b) Clause (a) only applies where that cost is equal to or less than $2,500.00. The Hirer remains responsible for those costs to the extent that they exceed $2,500.00.
. c) Clause (a) does not limit the Hirer’s liability for failure to return the Equipment.
. d) Clause (a) will not apply to, and the Hirer remains responsible for, loss or damage occurring to the Equipment:
. i) Because of breach of any statutory laws or regulations in connection with the use of Equipment by the Hirer;
. ii) Because of misuse, abuse, willful or malicious acts, negligent or reckless use or overloading of Equipment;
. iii) Because of disregard for instructions given to the Hirer by the Owner in respect of the proper use of the Equipment;
. iv) Because of the unexplained disappearance of the Equipment;
. v) Because of theft of the Equipment;
. vi) While the Equipment is in transit, if being carried by the Hirer or an employee, contractor or agent of the Hirer.
16. INDEMNITY. The Hirer indemnifies the Owner its officers, employees and agents against all claims the Owner incurs as a result of: the Hirer’s negligence, the Hirer’s Breach of Contract, the Hirer’s breach of any law, the Owner’s entry upon the site, the delivery, installation, inspection, use and collection of Equipment.
17. LIABILITY. The Owner is not liable to the Hirer for, and is released from liability in respect of: failure to have the Equipment ready for collection when Hire Period commences, failure to deliver the Equipment in accordance to the delivery instructions; loss, damage or injury to any person, property, animal or thing resulting from the delivery, installation, use and collection of the Equipment; and failure to provide Equipment of the type and quantity specified in the Order. The Hirer assumes all risks and liabilities regarding the use of the Equipment and release the Owner to the fullest Extent entitled by law for all actions, claims and liabilities in respect of damage to property or death or injury to any person resulting directly or indirectly from the Equipment or their use.
18. LIMITATION OF LIABILITY. If the Owner is liable to the Hirer to a breach of this Agreement, the Owner’s liability is limited to: refunding the Price or a portion thereof, repairing the Equipment, replacing the Equipment, supplying the Equipment for hire again. The Owner may choose which of these options apply. The Owner is not liable to the Hirer for consequential or indirect loss, economic loss or other expenses.
19. TERMINATION. The Owner may terminate the contract at any time without liability to the Hirer.
21. ORDER VALIDITY. This Order is valid for 14 days from the date sent. Equipment and Price are subject to availability and may be changed without notice.