Freo Hire & Event Management
Sound. Lighting. Party!
Freo Hire & Party Services
TERMS AND CONDITIONS OF HIRE
If you have any questions about the following legal bits, please feel free to give us a call.
1. DEFINITION:
In these terms and conditions of hire, “THE COMPANY” means Freo Hire & Party Services, ABN 55 087 088 151 their sub-contractors, agents and authorised employees.
‘THE HIRER’ means the person, company or agent of The Hirer hiring the equipment from The Company. The person who signs for the equipment warrants that they have the authority of the Hirer to sign for it on their behalf.
‘THE EQUIPMENT’ means the goods hired as they appear on the tax invoice, Agreement Advice (text or email) and/ or equipment issue form for the function, event or purpose, for which the goods are to be used.
‘THE AGREEMENT’ means the Hire Agreement or Hire Contract / Tax Invoice or Agreement Advice (issued via text or email) between The Owner and The Hirer of The Equipment.
2. AGREEMENT:
The Company will issue The Agreement for the hire goods and services via invoice, email or text, which The Hirer or agent of the Hirer will pay a deposit to enter into the agreement. By making a deposit payment for The Equipment, The Hirer agrees to have read, understood and be bound by these Terms and Conditions.
3. GENERAL:
All equipment hire is subject to the ‘Terms and Conditions of Hire’ described here and on the Agreement Advice, Invoice and Equipment Issue Form. They will bind The Hirer.
4. OWNERSHIP
The equipment supplied for hire patently remains the property of the Company.
5. INSPECTION
Our Company Policy ensures all hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from our premises. It is the Hirer’s responsibility to check all of the ordered hire equipment upon delivery or collection and notify the Company of any breakages or missing items within 2 hours of receiving the goods/hire equipment. The Hirer acknowledges that it is aware of the proper use for which the goods/hire equipment are designed, has the required knowledge to operate them safely and appropriately, has inspected the goods/hire equipment, and expressly agrees that the goods/hire equipment
are:
(a) in clean condition;
(b) in satisfactory working order/fit for purpose; and
(c) of the quantity and specifications as ordered.
Notwithstanding anything herein contained, the Hirer hereby acknowledges that no warranty or condition expressed or implied is given by the Company as to the condition of the goods or as to the suitability or fitness of the goods for any purpose.
6. PAYMENT:
For orders over $300.00 or where delivery of goods is being made by The Company, payment is due in full fourteen (14) days before booking date or, if agreed upon, prior to delivery or collection of the goods. For orders under $300.00, payment can be made at the collection of goods.
The Company reserves the right to withhold deposit if payment has not been received prior to delivery. An extra delivery charge will apply should The Company have the need to redeliver as a result of non-payment on delivery.
Payment methods include Electronic Funds Transfer (as per the bank details on the invoice), Cash, Debit Card, Amex, Visa and MasterCard. There is a 2% charge for use of debit or credit cards. The Hirer authorises The Company to deduct hire charges and any additional charges from the credit card in accordance with these terms and conditions.
The Company reserves the right to charge interest up to 10% per 30 days on overdue accounts calculated daily. Overdue accounts will begin to accrue charges 7 days after non-payment. Should payment in full not be paid within 60 days, legal action will be taken to recover the debt owing without further notice & all credit facilities will be closed. Any expenses, costs or disbursements incurred by the Company in recovering any outstanding Monies including dishonoured cheques, debt collection agency fees and solicitor’s costs shall be paid by the Customer/ Hirer.
In order to retake possession of the equipment, it shall be lawful for the Company to enter into or upon any premises where the same may be and the Hirer/ Customer hereby agrees to indemnify and to keep indemnified the Company against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Company arising from the Company’s entry into or upon any premises in exercise of its rights of repossession.
7. HIRING CHARGES:
All Hiring Charges are valid for the Hire Period stated on the Tax Invoice / Agreement Advice; Hiring Charges are not based on the time/s the equipment is used. Equipment not returned within the time periods specified shall be charged at the Company’s Hire Rate. If The Hirer wishes to extend the hire period they must advise The Company, 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 up to and including the time when The Hirer advises The Company that the hire period has ended and then returns or arranges for the equipment to be picked up from the delivery site (or otherwise agreed location). The Company reserves the right to amend or revise its rate or prices without notice.
8. POSTPONEMENT & CANCELLATION
If The Hirer cancels The Agreement prior to the commencement of the stated hire date, then The Company reserves the right to keep any deposit paid.
The Company reserves the right to charge the Hirer the full amount for any cancellation or postponement advised to the Company less than 14 days from the commencement of the hire date.
Should any cancellation of an event, or to the hire of equipment, occur due to a Government mandated lockdown due to COVID-19, then all payments will be refunded in full minus any labour costs if they have been incurred already.
9. ALTERATIONS:
If The Hirer reduces the quantity of Hire items within 28 days of the delivery date, The Company reserves the right to charge the original amount quoted on invoice. Maximum reduction of 10% of the total value of the order will be accepted at any time during the agreement.
10. DELIVERY, PICK UP, SETUP:
Unless otherwise stated on invoice or Agreement Advice, Delivery, pick up and setup charges are extra. Any quoted charges are for the delivery suburb and for standard level access of maximum 25 metres to the delivery point from the delivery vehicle. There must be a Site contact available at all times during the delivery and collection days to sign for both the delivery and collection. The Hirer must provide Freo Hire & Party Services with the name/s of this person/s and contact details. Drop off access must be arranged by the Hirers prior to the driver arriving. All hire items must be packed up as they were received and stored in an accessible place ready for collection. If any items are not packed away ready for pickup at the designated time and causes delay to our staff which then requires our staff to pack up items will incur additional fees which will be charged at an hourly rate of $50.00 per hour. This will be charged to the hirer’s designated credit card. If Freo Hire & Party Services is setting up equipment, the hirer is responsible for allowing sufficient time and access to the venue for setup. In this instance an additional fee could be charged if we need to put on extra staff due to time restrictions at delivery location.
11. POSITIONING OF EQUIPMENT DELIVERED:
Although The Company will endeavour 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, its servants and agents from and against all actions, claims, costs, demands and liabilities in connection there with. Any resulting additional costs, including reasonably incurred legal costs by The Company, shall be paid by The Hirer. All equipment is not to be removed from delivery location unless prior approval by us. If setup has been requested and venue is not ready prior to delivery we will place all items of to one side. Additional fees will be charged if we have to leave and return to site to setup.
12. USE OF EQUIPMENT:
The Hirer shall check as soon as practical (within 3 hours) the quantity of all hired items against the Tax Invoice or Agreement Advice and should advise discrepancies. Advice after the function will not be considered as advice of any discrepancy. Damage to Hire Equipment during use or transportation by The Hirer is the responsibility of the Hirer. If at any time during the hire period The Hirer considers the equipment to be faulty or dmaged, it is The Hirer’s responsibility to contact The Company in the first instance by telephone or text to report the problem. Failure to do so, or advice after use, will cause The Hirer to be responsible for all hire charges, and repair or replacement cost if necessary. The Company reserves the right to repair or replace the faulty equipment as soon as practical during the hire period to the reasonable satisfaction of The Hirer. On no account should The Hirer attempt to repair The Equipment without prior consent of The Company.
Call out charges based on time taken and distance travelled (as per ATO guidelines) will be charged to The Hirer, relative to the time of day, if the equipment is proven to be satisfactory by The Company and not faulty as claimed by The Hirer.
In no event shall The Company, its owners, servants or agents be responsible for any expenditure, damages or consequential loss incurred by The Hirer, invitees, agents or assigns arising out of any failure of the equipment whether caused by fair wear and tear or negligence on the part of The Company or for any other reason whatsoever. The Hirer shall on completion of the hire period, ensure that the equipment is stacked as it was received and packed securely in all the boxes and containers in which the equipment was received when delivered or collected. Extra charges apply if equipment requires re-packing by delivery / pick up staff prior to transportation. Any equipment broken during transportation due to The Hirer being negligent in re-packing will be charged at full replacement value.
13. LOSS, DAMAGE and CLEANING
The Hirer accepts full responsibility to compensate the Company for the value of the goods/hire equipment, or parts thereof which may be lost, stolen, damaged or broken during the hire period. A cleaning charge will be applied to all goods returned dirty or still containing foodstuffs, debris or residue. Equipment with stains including (but not limited to) fog, haze or bubble fluid, candle-wax, mould, rust, graffiti and/or heavy food/beverage stains that are unable to be restored to a clean condition via ordinary cleaning procedures, and are required to have specialised cleaning, that cost will be charged to the Hirer at the appropriate rate.
If upon the return of the goods/hire equipment, the Company finds the equipment to not be in satisfactory working condition, the hirer shall pay to the Company the cost and expenses of restoring the goods/hire equipment to good working order. Misplaced and Damaged items, including but not limited to, Breakages of Glassware and Crockery, Damage to Sound or Lighting equipment, will be charged at replacement value, on the return date stated on the Tax Invoice or Agreement Advice, unless an agreement is made. This right shall not be prejudiced by or prejudice any other right under this agreement.
14. INSURANCE AND INDEMNITY
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. The Hirer accepts full responsibility to compensate the Owner for the value of the goods, or parts thereof, which may be damaged, lost or stolen from the time of commencement of the hire if collected, or delivery, whichever is earlier, until the goods are returned to the Company’s premises or collected by them. This right shall not be prejudiced by, or prejudice, any other right under this agreement.
15. WEATHER
Freo Hire & Party Services must be informed of the wet weather option for your ceremony at least 14 days prior to the wedding day. We will do our best to accommodate reasonable requests to set up your ceremony in an alternative location. However, we do not accept responsibility for any problems that result from transferring your ceremony to your chosen wet weather alternative.
If the alternative location involves extra staff, travel time or expenses then extra fees may be incurred. The final call on wet weather must be made by 9:00 am on the day of the wedding or if the wedding starts by 11:00 am in the morning, then the final call must be made by 9:00 pm the previous day. One person (preferably bride or groom) must be nominated to make the decision and advise the Company of the decision. If we are not advised in these time frames, or not contacted at all, we will set up where originally requested unless strong wind or heavy rain prevents us from doing so. We have the right to refuse to set up ceremony hire items without notification if severe weather conditions is deemed detrimental to those items or dangerous to your guests and the public.
In the event that bad weather prevents us from setting up items, or if your wet weather alternative means the items are no longer required, no monies will be refunded as the items have been held for your event and cannot be re-booked.
16. LIABILITY TO THIRD PARTIES:
The hirer hereby indemnifies and holds indemnified the Company, its owners, servants and agents 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 whether such loss or damage is occasioned by a defect in or use of the goods or anything otherwise.
17. Acceptance of Terms & Conditions
By paying a deposit The hirer hereby unconditionally accepts the above terms and conditions and acknowledges that its acceptance is a condition precedent to taking possession of the goods/services/hire equipment from the owner.
18. The Company's decision is final in all matters relating to these terms and conditions of hire.