Terms & conditions
In these terms and conditions of hire, "Owner/Supplier" means the Company Trading as Eve Party Hire, ABN 66 625 371 977, their owner, manager, admin, sub-contractors, agents, staff and authorized employees. "Hirer" means any person, company, corporation or government entity, or any of their representatives, who hire equipment and/ or engage the service from the Supplier. ‘Equipment’ means the goods hired, for the function, event or purpose, for which the goods are to be used.
All equipment hire is subject to the ‘Terms and Conditions of Hire’ as mentioned on the Eve Party Hire website, www.evepartyhire.com.au. They will bind The Hirer.
All equipment supplied for hire by the Supplier expressly remains the property of the Supplier at all times.
4. INSPECTION, OBLIGATIONS AND WARRANTY:
The Supplier has quality control procedures in place. All hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from the Supplier's premises. It is the hirer's responsibility to check all of the ordered hire equipment upon delivery or collection and must inform the Supplier of any breakages or missing items within 12 hours of receiving the equipment.
4.1 The hirer acknowledges that he/ she has inspected the goods and
4.1a. Is satisfied that the goods are in clean condition and in good and substantial order.
4.1b. Is aware of the proper use of which the goods are designed and accepts full responsibility of the in a proper, safe and careful manner of use of the equipment hired and only for the purpose and capacity for which it was designed.
4.1c. Is also responsible upon collection/ delivery of the Equipment to check the condition, suitability and fitness for the purpose to which the Hirer requires the Equipment and on accepting the Equipment releases the Supplier of any obligation or responsibility and control over the security, manner of use, operation and maintenance of the Equipment until it has been returned to the Owner.
4.2 Notwithstanding anything herein contained, the hirer hereby acknowledges that no warranty or condition expressed or implied is given by the owner as to the condition of the goods or as to the suitability or fitness of the goods for any purpose.
4.3 The Hirer agrees not to modify or permanently attach anything to the Equipment for their own purposes whilst on hire and shall return the Equipment in the same condition as he or she received it.
4.4 The Hirer is obligated not to remove the Equipment from the delivery address designated on the order form and agrees not to sub hire, or part with the possession and control of the Equipment without the Owners’ written consent.
4.5 The Hirer is to inform the Owner of the location of any underground cables, reticulation, drains or any other obstructions when pegging is needed to be employed to secure a marquee, structure, tarpaulin or piece of Equipment. The Owner will not be liable for damage incurred to any hidden underground obstruction unless an exact location is marked by the Client.
4.6 The security of the Equipment lies totally with the Hirer whilst on hire until returned except when a Security Person has been employed by the Owner and charged to the Client to keep watch over the Equipment during a designated time agreed to by both parties.
4.7 The Hirer also acknowledges that the Owner may inspect the Equipment at any time during the period of the hire, whether notice of such inspection is given to the Client or not, and the Client shall provide all assistance and cooperation necessary to facilitate such inspection of the Equipment. The Client shall indemnify the Owner in the course of the Owner exercising its right to inspect the Equipment.
5. PAYMENT, CHARGES AND TERMS
5.1 The hirer will pay charges in full and prior to the equipment leaving the Supplier’s premises (except for approved account customers) at the rate and in the manner specified from the commencement date of the hire until:
5.1a. The goods are returned by the hirer to the premises of the owner, or
5.1b. The hirer notifies the Supplier that the goods are ready for collection
5.2 In the event of the hirer requesting the owner to transport the goods to or from the owners premises the hirer shall pay the owner all charges and expenses incurred by the owner in delivery, installing and/ or collecting the goods in addition to the hire charges.
5.3 The hiring is personal to the hirer and the rights to the hirer are not assignable to any person, persons or company whatsoever.
5.4 Hire rates stated are based on a day of 24 hours or part thereof, but only for one event or function within 24 hours.
5.5 Unless otherwise stated the words “the Hirer” includes the servants, agents or contractors of the hirer.
5.6 All Hiring Charges are valid for the Hire Period stated on the Order/Tax Invoice / Agreement; Hiring Charges are not based on the time/s the equipment is used. Equipment not returned within the date periods specified shall be charged at the Supplier Hire Rate. If the Hirer wishes to extend the hire period they must advise The Supplier, prior to completion to the hire period, unless agreeable arrangements have been entered into. Payment for the extended period of hire must be paid in advance.
5.7 The Supplier reserves the right to withhold delivery if payment has not been received prior to delivery. An extra delivery charge will apply should The Supplier have the need to redeliver as a result of non-payment on delivery.
5.8 Payment methods include Bank Deposit, Cash, Cheque, Visa and MasterCard. The Hirer authorizes, The Supplier to deduct hire charges and any additional charges from the credit card.
5.9 Unpaid invoices will be relayed to a debt collection agency and all debt collection fees are payable by the hirer. Administration fees of $5.00 per month will apply to all unpaid invoices.
5.10 The Owners reserve the right to amend or revise its rates or prices without notice.
6. LOSS, DAMAGE AND CLEANING
6.1 If upon return of the goods to the owner that are found not to be in clean condition and/ or not in good or substantial order and repair (fair wear and tear excepted) the hirer shall pay to the owner the cost and expenses of restoring the goods to clean condition and/ or good and substantial order and repair. These costs must be paid within 7 days of receipt of invoice otherwise the hire charge for that item/s will continue as outlined in 6.4.
6.2 A cleaning charge will be applied to all goods returned dirty or still containing foodstuffs, debris or residue. Linen need not be washed but must be returned dry to avoid mildew. Returned Linen that displays burns, holes, rips and staple marks or mildew will be charged at full replacement cost. Linen with stains including (but not limited to) candle-wax, mould, rust, graffiti and/or heavy food/beverage stains that are unable to be restored to a clean condition via ordinary laundering procedures, and are required to have specialized cleaning (ie. Dry-cleaning), that cost will be charged to the Hirer at the appropriate rate.
6.3 The Hirer accepts full responsibility to compensate the owner for the value of the goods or parts thereof which may be lost, stolen, damaged or missing from the time of commencement of the hire or delivery, whichever is earlier, until the goods are returned to the owner’s premises or collected by him. This right shall not be prejudice by or prejudice any other right under this agreement. It is the obligation of the Hirer to immediately inform the Owner of any Equipment lost, damaged or stolen whilst on hire.
6.4 The Hirer acknowledges that the hire charges will continue until the hire equipment and associated accessories are either returned to the supplier's premises or until the invoice for lost, missing or damaged items are paid for in full.
6.5 The Supplier's staff are not to be held liable for any breakages or missing items unless expressly evidenced and agreed between the Hirer and the Supplier.
Insurance is The Hirer’s responsibility during the hire period. The Hirer is responsible for the security of the equipment at all times during the hire period. Any lost, broken, damaged or destroyed equipment will be charged to The Hirer, at full replacement value.
8.1 The supplier will provide in-transit and public liability insurance for all equipment during transit where the hire items are being delivered by the Supplier.
8.2 The hirer must provide safe transportation of all equipment and is responsible for the safety and security of load, including using the correct tie down procedures as per Australian laws and the Supplier accepts no responsibility for loads that are not correctly secured. All damage caused during transit where the service is not provided by the supplier will be charged to the Hirer.
8.3 Delivery and pick up charges are extra. Quoted charges are for the delivery suburb and for reasonably accessible standard ground level access of 25 meters to the delivery point from the delivery vehicle. The Company reserves the right to charge The Hirer extra for difficult access which has not been advised, quoted or known of until on site. Difficult access is defined as time consuming factors such as long carry, many stairs, obstructions, uneven ground, narrow passage etc. Waiting time is also chargeable. These extra charges will be shown as “Labour” at the rate of $40 per man hour (including GST) and are based on the “extra” time spent in completing the delivery / pick up process. Specific timing requests for delivery / pick up may incur extra charges. These charges will be payable by The Hirer on amendment of the Tax Invoice / Hire Contract.
8.4 The Supplier reserves the right to charge additional collection or delivery fees if the Supplier is delayed due to the equipment being inaccessible, not ready for collection, location not being within a reasonable distance from Supplier parking or site access being inhibited in any way. Additional collection fees will be charged in 15-minute increments at $40 per hour.
9.1 If The Hirer cancels or postpone the order/agreement prior to the commencement of the stated delivery date, then The Supplier reserves the right to charge the following as a percentage of the figure appearing on the order/agreement/Tax Invoice, and as stated as follows:
Outside 60 days, no charge;
7 – 60 days notice, 20% of the hire total;
2 - 7 days, 50% of the hire total; and
On the day or a day earlier of delivery/collection 100% of the invoice total.
9.2 The Supplier also reserves the right to Cancel or terminate the Hire Contract at any given time. In no event shall The Supplier be responsible for any expenditure, damages or consequential loss incurred by The Hirer, invitees, agents or assigns arising out of any cancellation or termination of the order/ Hire Contract / Invoice, whether caused by negligence on the part of The Supplier or for any other reason whatsoever.
10. REMOVAL AND RETURNS
10.1 The hirer shall not remove the goods from the site stated without the written consent of the Supplier except for the purposes of returning the goods to the owner’s premises.
10.2 Notwithstanding anything herein contained it is expressly understood by the hirer that the onus rests with him to ensure that the goods are returned to the Supplier premises or that the goods are collected by him.
11.1 The Hirer hereby indemnifies and holds indemnified the Supplier 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 owner whether caused by negligence of the hirer, his servants or agents or by the negligence of any other person whatsoever or arising out of the condition of the goods or the use to which they are put or otherwise whatsoever.
11.2 Although The Supplier will endeavor to take every care when delivering, installing, dismantling and picking up equipment, it shall not be liable for any damage or loss to the site, site access or plants and The Hirer shall indemnify The Company from and against all actions, claims, costs, demands and liabilities in connection therewith. Any resulting additional costs, including reasonably incurred legal costs by The Owner, shall be paid by The Hirer.
11.3 Any damage to the property, vegetation or fixtures belonging to the Hirer whilst retrieval is occurring is not the responsibility of the Owner in fact in these situations previously described the Hirer irrevocably acknowledges appointing the Owner as the Hirer agent and authorizes the Owner to carry out proceedings to retrieve the Equipment from the address or place it is positioned.
11.4 The Hirer hereby indemnifies and holds indemnified the owner from and against all claims, actions, suits, demands and expenses in any way arising from injury, death, loss of income or damage caused to the hirer or its property, or any other third parties or property, in respect of equipment hired.
12. TERMINATION AND BREACH OF AGREEMENT
12.1 Notwithstanding anything herein contained the owner shall not be liable to the Hirer or any other person for any loss or damage to any person or property occasioned by the use and operation of the goods whether such loss or damage is occasioned by a defect in or wear of the goods or otherwise.
12.2 Equipment not returned by the nominated due date overleaf will be treated as stolen property and legal proceedings will be taken to recover the stolen property.
12.3 Items cancelled up to 7 days before the hire date will be charged 50% of the hire charge. Items cancelled between 7 and 21 days before the hire date will be charged 20% of the hire charge. Items cancelled during or after delivery will be charged the full rate plus transport.
12.4 The supplier has quality control procedures in place. All equipment is thoroughly checked and cleaned prior to dispatch. It is the hirer’s responsibility to check all the ordered equipment upon delivery or collection and to notify the supplier of any breakages or missing items within 12 hours of receiving the goods.
12.5 The Owner also reserves the right to terminate the Hire Contract at any given time and is entitled to take possession of the Equipment immediately. The Client must provide access to all the Equipment and allow the Owner to enter the property or premises upon which the Equipment is situated otherwise the relevant authorities will be notified to retrieve the Equipment. Equipment that has not been returned by the Client or access to collect Equipment at the end of the hire has been denied causes the Equipment to be deemed stolen and again the relevant authorities will be notified to facilitate in the retrieval of the Equipment.
13. BONDS & REFUNDS
13.1 The Owners at their discretion may require a refundable bond to be paid before the hireage commences. A refundable bond must be paid by cash, EFTPOS, credit or debit card. This bond will be refunded to the Client once all the Equipment is returned undamaged and in the same condition as it was received by the Client.
13.2 It is also possible that the Owner may requests to hold the details of the Clients credit card as security over payment of the Equipment at which point the Client authorizes the Owner to hold securely the number, expiry date and security code of the card until the Equipment is returned and processed by the Owner.
13.3 Any damage, losses, or in the case of linen, stains or fabric damage will incur a charge to the Client, to the value of the full replacement cost of the Equipment. This cost will be added to the total cost of the hireage contract or deducted from the refundable bond. If the refundable bond is not sufficient to cover the total off the additional charges then the balance will be paid by the Client to the Owner.
14. FORCE MAJEURE
If the Owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Owner may give notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Owner shall not be liable for any loss or damage suffered by the Client as a result of any delays caused by such force majeure events.
The Supplier's quotation is offered in good faith based on the details provided to it and reserves the right to advise of alterations or additions should any mistakes, miscalculations or omissions become apparent.
16.1 By accessing and or using this website you agree to comply with the Terms and Conditions of the Supplier. Every effort is made to keep the website operating correctly, however, Eve Party Hire takes no responsibility for, and will not be liable for the website being temporarily unavailable due to technical problems beyond its control. The terms and conditions at any time can be modified to suit the changing business needs and as soon as the changes are posted and visible the amended terms and conditions are affective.
16.2 The Hirer hereby unconditionally accepts these terms and conditions and acknowledges that the acceptance is a conditional procedure that is fully understood and confirmed by the Hirer once possession of the Equipment is taken from the Owner.
17. THE OWNER’S DECISION IS FINAL IN ALL MATTERS RELATING TO THESE TERMS AND CONDITIONS OF HIRE
Your privacy is important to Eve Party Hire. This privacy statement provides information about the personal information that Eve Party Hire collects, and the ways in which Eve Party Hire uses that information. Eve Party Hire and our website www.evepartyhire.com.au may collect and use the following kinds of personal information:
Information that you provide for the purpose of taking up a product or service of Eve Party Hire.
Information that you provide through our online enquiries page.
Information that you provide for the purpose of subscribing to the web site services. Eve Party Hire may use your personal information to:
enable your access to and use of the website services;
send you products that you purchase;
supply to you services that you purchase;
send you marketing communications.
administer the website and provide statistical reporting on the use of our web site;
by mail: 15b, 4 Louise Ave, Ingleburn NSW 2565