Mr Inflatables (Aust) Pty Ltd
Terms and Conditions of Hire
“the Charge” means the fees as stated on the Order as being payable by the Client to the Company for the hire of the Goods in accordance with the Company’s current fee structure, as amended from time to time, excluding carriage, insurance and GST
“the Client” means the person who agrees or has agreed to hire the Goods or whose order for the Goods is accepted by the Company
“the Company”means Mr Inflatables (Business No: B2043550Z)
“the Conditions” means the standard terms and conditions of hire set out in this document and includes any special terms and conditions agreed in writing between the Company and the Client
“the Goods” means the goods (including any instalment of the goods or any parts for them) which the Company is to hire to the Client
“the Order” means the written order in the prescribed form placed by the Client with the Company for the provision of the goods
“the Term” means the period in which the Goods remain in the possession of the Client in accordance with the Order
2 Duration
The Term shall commence on the earlier of the date specified on the Order or on the date on which the Goods are collected by or delivered to the Client. The Term shall end on the earlier of the date specified on the Order or the date on which the Goods are redelivered to or collected by the Company. Failure on behalf of the Client to redeliver the Goods to the Company at the end of the Term will result in the Client being liable for an excess charge equivalent to one day’s standard hire Charge for the Goods, accruing on a daily rate until the Goods are redelivered to the Company
3 Payment of Charge
On or before taking delivery of the Goods the Client shall pay to the Company the Charge in full as stated on the Order. The date of delivery and the date of redelivery shall be counted as whole days for this purpose. The Company shall have no obligation to supply Goods to the Client in accordance with any Order until the Charge has been paid in advance of the commencement of the Term and the Company is in receipt of cleared funds.
4 Defective Goods
The Client shall report any defects or malfunction in the Goods within 24 hours of delivery and shall, if so requested by the Company, return the Goods to the Company for inspection. If the Company agrees in its absolute discretion that the Goods are not functioning properly, it shall use all reasonable endeavours (but shall not be bound) to provide a suitable replacement, and shall credit the Client with such an amount not exceeding 1 days’ hire rent as it shall in its absolute discretion consider appropriate. Subject only to the above, the Company accepts no responsibility for any loss, damage, costs, claims or expenses suffered or incurred by the Client or by any third person (including the Client’s servants or agents), except that the Company does not by this exclude its liability for death or personal injury arising out of the negligence of the Company, its servants or agents.
5 Use
The Goods shall be under the control of the Client at all times from delivery until redelivery, and the Client shall ensure that Goods are used safely in accordance with any instructions provided and without risk to health, are used by competent and duly licensed operators as the case may be, and are not used for any purpose for which they not designed or reasonably suitable.
6 Indemnity
The Client shall be responsible for and shall indemnify the Company against all loss or damage caused to or by the Goods from whatever cause arising.
7 Insurance
The Client shall keep the Goods insured against loss, damage, public liability and third party risks and shall produce evidence of such insurance to the Company, who shall be entitled to withhold delivery until such production.
8 No sale etc
The Client shall not move the Goods from the location specified in the Order without first obtaining the Company’s written consent (which may be withheld or made subject to such conditions as the Company in its absolute discretion shall decide). The Client shall keep the Goods in its sole possession and shall not lend the Goods or sublet them to any person or otherwise part with possession of them in any way. The Client acknowledges that the Goods remain the property of the Company at all times and must not in any circumstances be sold or used as security. The Client shall not permit any lien to be created on the Goods or pledge the Company’s credit for repairs to them.
9 Maintenance
The Company will maintain the Goods at its own expense and the Client shall, when required by the Company, grant access to the Goods for the purpose of inspecting them and carrying out any work of maintenance or repair.
10 Repairs 10.1The Client must not repair or attempt to repair the Goods in the event of damage or breakdown but must at once notify the Company.
10.2If the damage or breakdown has been caused by the fault or carelessness of the Client or by misuse of the Goods, the repair will be at the expense of the Client.
10.3In any case other than under clause 10.2 above the repair will be at the expense of the Company.
10.4The Company may substitute other Goods of a similar type or condition in lieu of repairing the Goods without relieving the Client from responsibility for the cost of repair under clause 10.2 and without extending the period of hire.
10.5The Company may terminate the hiring by written notice to the Client at any time if in the sole opinion of the Company the Goods are not worth repairing or cannot be repaired; in such event (except where clause 10.2 applies) the Company shall repay the hire rent for any outstanding period for which it has already been paid.
10.6Nothing in this clause shall affect or diminish the liability of the Client for any breach of these Conditions or render the Company liable to the Client for any resultant or consequential loss, damage or inconvenience.
11 Termination
The Term shall without notice but at the option of the Company end, and the Client shall no longer be in possession of the Goods with the Company’s consent, in any of the following circumstances:
11.1a default by the Client in the payment of any money due under these Conditions for a period of 7 days;
11.2a breach by the Client of any of the provisions of these Conditions other than those relating to the payment of money;
11.3the Client presenting or allowing to be presented an application for an interim order or a petition for a bankruptcy order within the meaning of the Insolvency Act 1986 or allowing the levy of any distress or execution against the Client;
11.4The Client entering into or attempting to enter into a composition with creditors or (in the case of a limited company) going into liquidation except a voluntary liquidation for the purpose of amalgamation or reconstruction on terms previously approved by the Company in writing;
11.5a receiver or administrator being appointed in respect of the Client’s assets or any of them, or a meeting, whether formal or informal, being called of the Client’s creditors or any of them.
12 Force Majure
The Company shall not have any liability under or be deemed to be in breach of these Conditions for any acts, events, omissions, accidents, delays or failures in performance which result from circumstances beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of the party so prevented or of any other party), act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, or storm, or poor weather or default of suppliers or sub-contractors or war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contami¬nation or sonic boom.
13 Notices
Any notice given in relation to these Conditions shall be sufficiently given or made if sent by facsimilie or first class post to each of the parties at the addresses listed on the Order. Any notice shall be deemed to be received 48 hours after posting.
14 GST
Unless otherwise stated, all sums payable to the Company under these conditions are exclusive of any applicable goods & service tax, which the Client shall be additionally liable to pay to the Company.
15 Applicable Law
These Conditions are subject to the law of Australia.
