City Party Hire: Terms and Conditions

The following Terms and Conditions must be accepted by

the “Hirer” prior to “City Party Hire” making the goods

or services available to the “Hirer”.

Definitions

Owner is City Party Hire.

Hirer includes an agent of the hirer and agrees to hire

the equipment specified in the Schedule from the

owner upon the terms and conditions in this

agreement.

Equipment means any item of party and event

equipment listed in the Schedule to this agreement

including accessories.

1. Hire of equipment

1.1 The hiring of the equipment will commence from

the commencement date specified in the Schedule and

continue for the term specified in the Schedule.

1.2 The hirer is entitled to use the equipment for the

hire period. Any extension of the period must be

agreed to by City Party Hire.

1.3 The hirer agrees to return the equipment to the

address of City Party Hire on or before the end of the

hire period as outlined in the Schedule.

2. Payment for rental

2.1 The hirer agrees to pay City Party Hire the hire fee

specified in the Schedule for the equipment for the

hire period including any applicable GST, stamp duties,

tolls, fines, penalties, levies or freight and other

charges relevant to this agreement and the hire.

2.2 The required fees must be paid to City Party Hire

prior to or on the commencement date of the hire

period. Equipment not returned on time and in

accordance with this agreement will be subject to a

continuance of the agreed rental until return is

complete.

2.3 Payment for hire of goods must be made prior delivery.

2.4. Payment must be made by EFTPOS, PaylPal,

Cheque or Cash. If EFT is used, the “Hirer” must advise

City Party Hire of conformation of the transfer receipt,

prior to the “goods” being delivered.

2.5. City Party Hire may require a security deposit to be

paid in addition to any Hire fees and may apply the

deposit against any amounts payable by the Hirer

under the terms.

2.6 Any portion of the security deposit not applied will

be refunded within ten days of the return of the goods

3. Cancellation

3.1 If through circumstances beyond the control of

City Party Hire, City Party Hire is unable to provide the

goods, then City Party Hire may:

(a) Make changes to the goods provided that the end

performance is not materially prejudiced; or

(b) Cancel any order (even if it has already been

accepted) by notice in writing

3.2 The Hirer may cancel an order but may forfeit any

hire fees paid as follows:

(a) If booking is cancelled 4 weeks before the function

date, City Party Hire will make a full refund of any hire

fees paid minus a $50.00 administration fee;

(b) Bookings cancelled 1 week less than the function

date will forfeit 50% of the total hire fee, including any

labour costs as determined by City Party Hire, plus a

$50.00 administration fee;

normal business hours and within 2 days of the

function date will forfeit 75% of the total hire fee,

including any labour costs as determined by

City Party Hire, plus a $50.00 administration fee.

(d) Any booking cancelled on the function date will

forfeit 100% of the total hire fee, including any labour

costs as determined by City Party Hire .

4. Delivery and Collection

4.1. The goods will be delivered in a reasonably clean,

but not necessarily sterile, state. The Hirer must

confirm the sterility of any goods, from which food or

drinks are to be served, prior to use.

4.2 The Hirer must allow any City Party Hire

representative access to the goods at all reasonable

times. The Hirer must provide safe and proper access

to and at the Site. The Hirer is liable for all injury, loss

or damage suffered by City Party Hire, its employees or

agents while at the Site.

4.3 The Hirer must pack goods in their respective

containers and crates at the end of the Hire Period in a

complete, clean and dry state.

4.4 City Party Hire’s count and decision as to condition of

goods prior to dispatch and on return shall be final.

5. Damage waiver fee

5.1 A Damage Waiver is charged to cover accidental

damage and general wear and tear.

5.2. The Hirer agrees to be liable for any additional

costs where the amount of accidental damage and/or

general wear and tear is estimated by City Party Hire to

be in excess of the Damage Waiver charged.

5.3 This clause in no way entitles the Hirer to, or

implies the availability of, compensation City Party Hire

for any liability incurred by the Hirer in relation to

the use of the hired equipment.

5.3 This clause will not continue to operate after the

expiration of the hire agreement unless an extension by

City Party Hire is granted in writing and an additional

agreed fee is paid.

5.4 This clause will not apply to loss or damage which

relates to or arises from:

(i) Breach of any statutory laws or regulations in

connection with the use of the equipment by the hirer;

(ii) Misuse, abuse, wilful and/or malicious acts,

negligent and/or reckless use and/or overloading of the

equipment;

(iii) Theft, loss or damage by whatever cause to tools

and/or accessories supplied with the equipment

including but not limited to; hoses, drills, bits, grease

guns, electric leads, tyres and tubes;

(iv) Lack of lubrication or non-adherence to other

normal maintenance requirements that could

reasonably be expected of the Hirer under the

agreement;

(v) Disregard for instructions given to the Hirer by the

owner in respect of the proper use of the equipment or

in contradiction of the Manufacturer’s

Instructions if supplied with the equipment at the

commencement of hire;

(vi) Unexplained disappearances of the equipment;

(vii) Theft of the equipment in circumstances where site

security is available including, but not limited to,

locked yards, buildings and sheds, where proper

security is not used by the Hirer to secure the

equipment whilst they are left unattended;

(viii) Loading or off loading equipment from maritime

vessels, transportation of equipment on maritime

vessels or the use of equipment on any wharf or bridge

or over any body of water.

6. Use, operation and maintenance

6.1 The Hirer agrees that the use of the equipment

carries with it dangers and risks of injury and the Hirer

agrees to accept all dangers and risks.

6.2 The equipment shall not be used by anyone other

than the Hirer without the express permission of City Party Hire.

6.3 The Hirer will ensure that all persons operating or

erecting the equipment are instructed in its safe and

proper use and where required hold a valid Certificate

of Competency or are fully licensed to use it.

6.4 The Hirer agrees to operate, maintain, store and

transport the equipment strictly in accordance with any

instruction provided by City Party Hire and with due care

and diligence.

6.5 The Hirer agrees that the equipment will only be

used for its intended purpose and in accordance with

any manufacturer’s instructions and recommendations

whether supplied by City Party Hire or posted on the

equipment in regard to its operation,

maintenance and storage

6.6 The Hirer agrees to comply with all occupational

health and safety laws and regulations relating to the

use of the equipment and associated operations.

6.7 The Hirer shall ensure the equipment is returned

to City Party Hire clean of all foreign matter or agrees to

a reasonable cleaning fee being charged by City Party Hire.

6.8 The reasonable costs of fuel or other consumables

provided by City Party Hire and used by the Hirer are to

be paid to the owner at the completion date.

7. Hirer’s warranties

7.1 The Hirer warrants that:

(i) The equipment will be used in accordance with the

conditions outlined in the Hire Agreement;

(ii) The particulars in the Hire Agreement are correct in

every respect and are not misleading in any way

including, without limitation, by omission;

(iii) The equipment will not be used for any illegal

purpose;

(v) The Hirer will not, without prior written consent of

City Party Hire, tamper with, repair or modify the

equipment in any way, or permit another to do so;

(vii) The Hirer agrees that the equipment complies with

its description, is in merchantable condition and is fit

for the Hirer’s purpose.

(viii) The Hirer agrees that the equipment has been

received by the hirer clean and in good working order.

8. Indemnity

8.1 To the full extent permitted by law the Hirer

releases, discharges and indemnifies City Party Hire

from all claims and demands on the owner arising out

of or consequent on the use or misuse of the

equipment during the hire period.

8.2 Without limiting clause 8.1 of this agreement, the

Hirer agrees that to the full extent permitted by law, no

warranties are given by City Party Hire in respect of the

equipment. Any liability of City Party Hire pursuant to

any warranty which cannot be excluded by law will not

exceed either the cost of repairing the equipment or

the cost of resupplying the equipment, at the discretion

of City Party Hire.

9. Loss, damage or breakdown of equipment

9.1 Subject only to the obligations of City Party Hire

following payment of the damage waiver fee by the

Hirer in accordance with Clause 5 the Hirer will be

responsible for any loss or damage to the equipment

irrespective of how the loss or damage occurred,

except for fair wear and tear, during the hire period.

9.2 The Hirer is liable for the payment of the new list

price of any equipment not returned to City Party Hire.

9.3 If there is a breakdown or failure of the

equipment the Hirer shall notify City Party Hire

immediately for the appropriate action to be taken.

10. Insurance

10.1 City Party Hire will maintain current insurance

policies in respect of the equipment to its full insurable

value.

11. Liability

11.1 The Hirer will assume all risks and liabilities for,

and in respect of, the equipment and for all injuries to

or deaths of persons and any damage to property

howsoever arising from the Hirer’s possession, use,

maintenance, repair, storage or transport of the

equipment.

12. Disclaimer

12.1 To the extent permitted by law City Party Hire

disclaims all liability for and does not give any

warranties to the hirer as to the condition of the

equipment.

13. Title to equipment

13.1 The Hirer acknowledges that City Party Hire retains

title to the equipment and that the Hirer has rights to

use the equipment as a mere bailee only. The Hirer

agrees that the Hirer has no rights to pledge the

owner’s credit in connection with the equipment.

13.2 The Hirer agrees not to agree, offer or purport to

sell, assign, sub-let, lend, pledge, mortgage let or hire

or otherwise part with or attempt to part with personal

possession or otherwise not to deal with the equipment

and not to conceal or alter the goods or make any

addition or alteration to, the equipment.

14. Repossession and remedies on default

14.1 City Party Hire may retake possession of the

equipment if the Hirer breaches any provision of this

agreement, notwithstanding anything else herein

contained.

14.2 If repossession takes place, City Party Hire shall

only charge the hire fee up to and including the time of

repossession.

14.3 All costs incurred by City Party Hire incurred in

repossessing due to a breach are to paid by the Hirer.

14.4 In the case of repossession due to a breach of this

agreement the Hirer agrees to grant City Party Hire

permission to enter any premises where the equipment

listed in the Hire Agreement is situated to disconnect,

decommission and/or remove that equipment.

14.4 In the case of repossession due to a breach of this

agreement the Hirer agrees to grant City Party Hire

permission to enter any premises where the equipment

listed in the Hire Agreement is situated to disconnect,

decommission and/or remove that equipment.

14.5 In addition to City Party Hire’s right to retake

possession City Party Hire is entitled in its discretion,

following any breach of any provision of this agreement

by the Hirer, to terminate this agreement and/or sue for

recovery of any damages or charges or loss suffered by

City Party Hire, and/or to cancel any insurances effective in

respect of the equipment hired.

15. Completion of the hire period

15.1 The hire period is completed when the equipment

has been returned to City Party Hire in the same

condition as when it was hired:

(i) On or by the date and time outlined in the Hire

Agreement, or

(ii) Will be deemed completed on the date agreed for

pick-up by City Party Hire.

15.2 Where pick-up is agreed City Party Hire will arrange

to pick-up the equipment within a reasonable period

after a request to do so and will issue the Hirer with a

pick-up number.

15.3 The Hirer agrees to maintain the responsibility for

the equipment whilst it is awaiting pick-up.

16. Termination and Default

16.1. If the Hirer:

(a) Breaches any term;

(b) Becomes bankrupt (individual) or insolvent

(corporation)

Then City Party Hire may, without prejudice to any other

remedy available to it:

(d) Require immediate payment of all owed by the

Hirer to City Party Hire;

(e) Charge the Customer interest on any sum due at

the prevailing rate pursuant to the Penalty Interest

Rates Act 1983 (Vic) until the date of payment in full;

(f) Charge the Hirer for all costs and expenses

(including without limitation all legal costs and

expenses) incurred by City Party Hire by enforcing

compliance with the Terms or recovering the goods;

(g) Charge the Hirer for the cost of repairing or

replacing any lost, damaged or destroyed goods;

(h) Charge the Hirer for subsequent lost hire charges as

a result of the goods being lost, damaged or destroyed

until the goods are repaired or replaced;

(i) Claim damages from the Hirer for breach of the Hire

Contract; and/or

(j) Cease or suspend supply of any further goods to the

Hirer.

17. Non-merger

17.1 The covenants, agreements and obligations

contained in this agreement will not merge or terminate

upon the termination of this agreement and to the

extent that they have not been fulfilled or satisfied or

are continuing obligations they will remain in force and

effect.

18. Severance

18.1 If any provision of this agreement is wholly or

partly invalid, unenforceable, illegal, void or voidable,

this agreement must be construed as if that provision

or part of a provision had been severed from this

agreement and the parties remain bound by all of the

provisions and part provisions remaining after

severance.

19. Governing law

19.1 This agreement is governed by the laws of the

State or Territory where the agreement is made and

each party submits to the exclusive jurisdiction of the

Court of that State or Territory.

20. Privacy policy

20.1 City Party Hire will comply with the National Privacy

Principles in all dealings with Hirer. Information on our

21. Disputes

21.1 Both City Party Hire and the Hirer agree that any

disputes arising from the hire and use of the equipment

(except in regard to payment of fees or charges) shall

be negotiated with a view to settlement with the

assistance of the Hire and Rental Industry Association

Limited (Tel 02 9997 5166) before litigation is pursued.

22. Miscellaneous

22.1 The Hirer agrees to ensure that any site specified

on the Hire Agreement, will be clear of all obstructions

to allow City Party Hire to erect, install or place the hire

equipment.

22.2 Any items or objects that are required, or

requested by the Hirer, to be moved, are done so

without any liability to City Party Hire.

22.3 City Party Hire may seek additional payment for any

unreasonable delay incurred by City Party Hire while

waiting for the specified area to be cleared,

22.4 The Hirer agrees not to use streamers, decorations

or taping within or near any marquee hired

22.5 City Party Hire accepts no liability to loss or

financial penalty, if due to adverse weather conditions,

equipment installation or collection is considered

hazardous.

22.6 Hire will demand a minimum $50.00 hire fee.

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