Marquee Rental Terms & Conditions
In this Contract:
(a) The “Owner” is Marquee Hire Sunshine Coast.
(b) The “Hirer” means the person, firm or corporation hiring Equipment from the Owner.
(c) The “Equipment” means all equipment, accessories and parts supplied to the Hirer.
TERMS AND CONDITIONS OF HIRE:
(a) The quoted hire fee is for one use of the Equipment only and for a maximum of three (3) calendar days including the day of installation (usually installed Friday for a Saturday event and removed Sunday).
(b) The Hirer agrees that all charges for hire (including consequential charges, e.g. overtime) loss, damage and repairs will be paid forthwith upon demand and that all collection fees (including legal fees) involved in the collection of these charges will be borne by the Hirer.
(c) If the Equipment is not returned to the Owner or ready for collection by the Owner at the Expiration of the hire period (12noon or as otherwise agreed), the Hirer shall pay an additional charge of Thirty Three percent (33%) of the quoted rate for hire for every additional day or part thereof that the Equipment is retained by the Hirer, unless otherwise agreed and specified in this agreement.
(d) Hiring quotations are subject to site inspection and to the erection and dismantling of Equipment hired in ordinary working hours. Extra charges shall be payable for delivery to and removal from higher or lower levels. The Hirer’s delivery instructions will be carried out where possible. The Owner accepts no responsibility for non-arrival or erection of Equipment at destination by a specified time.
(e) The Owner shall have the right to impose such additional charges as it may consider necessary in its absolute discretion for the clearing and leveling of sites.
(f) The Hirer shall pay for any additional charges at the Owner’s current rate (presently $40 per hour) for any extra labour required, such as for the relocation of structures or the setting up of chairs and tables.
(g) The Owner accepts no responsibility for shortages of Equipment (picked up or delivered) unless notified within twenty-four (24) hours of delivery or prior to the function.
(h) The terms of this agreement can only be varied in writing in the prescribed form.
TERMINATON OF HIRE
The Owner may terminate the hire at any time whereupon any goods delivered to the Hirer shall be returned to the Owner forthwith. The Hirer shall have no claim for such termination. If the Hirer cancels an order, or fails to take delivery on or 7 days before day of use, the Hirer shall pay the Owners liquidated damages. Upon termination of this hire agreement the Owner shall be entitled to take possession of the Equipment and for this purpose the Hirer irrevocably appoints the Owner as its agent and authorises the Owner to enter on any land or promises owned by or under the control of the Hirer upon which the Equipment is then situated and agrees to indemnify the Owner in respect of any claims, damages or expenses arising out of the action taken pursuant to this provision.
The Price will be paid as follows:
(a) 50% deposit on acceptance of the Order by the Owner. In the event of a cancellation of the hire of the Equipment by The Hirer, the Deposit shall be forfeited to the Owner as follows; 100% (one hundred percent) of the Rental Charges shall be forfeited if the hire of the Equipment is cancelled less than 30 (thirty) days before the commencement of the Period; and 50% (fifty percent) of the Deposit shall be forfeited if the hire of the Equipment is cancelled more than 30 (thirty) days before the commencement of the Period; unless otherwise agreed in writing by the Owner;
(b) Balance due 7 days prior to commencement of installation for the hire period.
The Owner is not obliged to deliver possession of the Equipment to the Hirer until funds given in payment of the Price are cleared.
The Hirer shall pay to the Owner a bond in the amount detailed on the facing page hereof to secure to the Owner the due performance by the Hirer of all the Hirer’s obligations hereunder. If the Hirer shall breach any of the obligations hereunder, the Owner shall have the right to apply the bond either in whole or in part towards the cost of replacement/rectification, however such application shall not prevent the Owner recovering from the Hirer damages for any breach of this agreement if such damages are in excess of the amount of the bond.
The Owner is not responsible for any transport, freight or shipping charges for dispatching the Equipment to the Hirer or return of the Equipment to the Owner. Any such charges will be included in quoted costs.
ACCESS TO ELECTRICITY:
The Tent Hirer agrees that the Owner shall have access to and the right to use the Hirer’s electrical and power lines for the purpose of installation and operation of the Equipment.
The Owner shall have the right to substitute any portion of the Equipment hired with the nearest type of Equipment.
The Owner’s count and/or decision as to the condition of Equipment prior to dispatch and upon return shall be final.
COLLECTION OF EQUIPMENT:
All Equipment shall be ready for collection by the Owner’s driver by the nominated time for collection in a clean, dry and properly packed condition and in a readily accessible position. The Hirer shall pay for cleaning and/or drying and for any damage resulting from the Equipment not having been properly dried, cleaned and/or packed. The Owner’s driver will not pack or check the Equipment on site.
REMOVAL OF EQUIPMENT:
The Tent Hirer shall not remove the Equipment or any part thereof from the situation and position of its installation without the consent of the Owner. Should the Hirer alter or vary the position required for installation of the Equipment prior to, during or after installation the Hirer shall be responsible for any additional costs associated with such variation or alteration of installation. Such additional costs are payable upon completion of installation.
RIGHT TO INSPECT:
The Hirer grants to the Owner a right of access at all times to inspect, repair and/or examine the Equipment and in case of default remove the Equipment.
The Marquee Hirer indemnifies and shall keep indemnified and save harmless the Owner and the Owner’s servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise.
Certain conditions and warranties may be implied in this hire agreement by the Trade Practices Act and State legislation and these conditions are to read subject to such legislation. However, the Owner and Marquee Hirer agree that in the event of the Hirer suffering any loss, damage or claim howsoever arising as a result of hiring of the Equipment, the liability of the Owner is limited to the repair or replacement of the Equipment and is not to include economic or consequential damages of any nature whatsoever.
RETURN OF EQUIPMENT:
In the event of a breakdown or failure of the Equipment, the Hirer shall return the Equipment to the Owner’s premises forthwith and on no account repair or attempt to repair the Equipment without the prior consent of the Owner. In the event that such breakdown or failure is caused by reasonable wear and tear and to by the Hirer’s negligence or misuse or any other reason whatsoever then the period of hire shall be determined upon such return of Equipment to the Owner. In no event shall the Owner be responsible for any expenditure, loss of income, damages and/or failure of the Equipment whether caused by fair wear and tear, negligence on the part of the Owner or for any other reason whatsoever.
The Hirer acknowledges his interest in the Equipment is as a Bailee of the Owner only and agrees not to part with possession or dispose of or encumber or assign any right or interest in the Equipment and not to create any lien on the Equipment for repairs.
AUTHORITY OF AGENT:
The person signing this agreement on behalf of the Hirer covenants with the Owner that he or she is duly authorised by the Hirer to enter into and execute this agreement on behalf of the Hirer.
INSTRUCTION IN USE:
The Hirer acknowledges that he/she reserved adequate instruction in the correct use of the Equipment which includes demonstration or verbal or written instruction.
PROVISION OF LABOUR BY HIRER:
If the Hirer provides labor for installation and/or removal of the Owner’s property such labor shall be provided without cost or obligation of any kind to the Owner.
TERMINATION BY THE OWNER:
The Owner may, notwithstanding the specified period of hire or any waiver of some precious default by the Hirer, terminate this agreement and repossess the Equipment.
(a) If the Hirer shall fail to pay any hiring charge when such charges fall due payment.
(b) If the Hirer does or permits any act or thing to be done to the Equipment by way of which the Owner’s rights in the Equipment may be prejudiced.
(c) If the Tent Hirer commits any breach of these condition of hire.
(d) If the Hirer becomes bankrupt or should any order be made or resolution passed for the winding up of the Hire.
ANY COUNCIL REQUIREMENTS AND UNDERGROUND SERVICE LOCATING TO BE CARRIED OUT BY HIRER PRIOR TO INSTALLATION OF ANY EQUIPMENT NEEDING SUCH APPLICATIONS:
The Marquee Hirer is responsible for any council applications and fees associated with such application including those for the locating and marking of any underground service. The Owner will not be held liable for any penalty payable due to the Hirer not carrying out their legal obligations for such local council requirements or damage to any services not having been located and informed to the Owner and staff installing the hired equipment.