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Hire Agreement

BAM PARTY AND EVENTS HIRE  AGREEMENT

DEFINITIONS:

  • “Agreement” - this agreement between the Hirer and the Owner.
  • “Hirer” – a person, firm, corporation or organisation hiring equipment from the Owner. Any person who signs this Agreement purportedly on behalf of the Hirer will be taken to have the full authority to sign on the Hirer’s behalf.
  • “Owner” – BAM Party and Events
  • “Equipment” – all material items supplied to the Hirer.

TERMS AND CONDITIONS:          

  1. Prices are subject to change without notice.
  2. Prices are for one day. For an event scheduled on a weekend, delivery and collection dates will be mutually agreed upon at the time of the booking but will be no earlier than Friday for delivery/pickup and no later than Monday for collection/return.  Failure to return equipment or inability for the owner to pick up equipment will incur a charge for any days beyond the agreed hire period.
  3. Delivery charges vary depending on the location. Delivery fees will be quoted at the time of the booking.
  4. A 50% deposit is payable to confirm bookings with the balance due 14 days before the event or delivery.
  5. The company and/or person who has made the booking is liable for all payment. Payment will be required begore the event via electronic bank transfer.
  6. Final and full payment for any services provided by the owner in accordance with this Agreement must be made 14 days prior to any event or delivery. If full payment is not received 14 days prior this date of the event or delivery, the owner reserves the right to refuse to fulfill their obligations under the contract and the Client agrees to indemnify the owner against all losses whatsoever incurred as a result of the non-fulfillment of the contract.
  7. The owner may request a bond or credit card details to cover for any damages, loss, theft, cancellations, cleaning or inability to access the equipment at the agreed time. By making a booking you authorise for your credit card to be charged in the case that any equipment is damaged, lost, stolen, requires cleaning or the booking is cancelled or unable to be picked up.
  8. Cancelled bookings outside of a 48-hour period from the event date incur a non-refundable charge of 50%. Bookings cancelled within 48 hours of the event incur a 100% non-refundable charge.
  9. While the equipment is checked and maintained regularly, occasionally equipment can fail. The hirer agrees to exempt the owner from the liability, loss or damage caused by the failure of equipment beyond our control.
  10. Where the owner is responsible for delivery or installation, the Owner undertakes that it will use its best endeavours to make delivery and/or installation at the specified time but in the event that the Owner is unable for any reason to deliver or erect the specified equipment at the specified time, the Owner shall not be liable for any loss or damage suffered by the Hirer.
  11. The owner reserves the right to reschedule a booking if it is a safety risk to deliver or set up equipment.
  12. The Client agrees they will pay any legal or collection expenses, costs or disbursements incurred in recovering any amount owed to the owner. The Client agrees to provide the owner with the Client’s credit card number, expiry date and any other information which may be necessary to debit the Client’s credit card prior to delivery of any Equipment. The Client authorises the owner to debit credit card for any subsequent charges for loss, damage repair or other expenses which are to be paid within seven days of the relevant invoice being issued.
  13. The hirer takes full responsibility for the equipment once they take possession of the equipment. This is from the time it is delivered/picked up to the time it is collected/returned. The hirer is liable for the replacement cost of any equipment that is stolen, goes missing or is damaged while it is in their possession. This includes damage caused by weather and vandalism.
  14. The hirer is responsible for having someone available to take delivery of the equipment at the nominated date and time. If the hirer fails to be there at that time an additional delivery fee will be charged to deliver the equipment at a later time.
  15. The equipment remains the property of the owner at all times. The hirer may not transfer this contract to another party without written consent from the owner.
  16. The hirer must inspect and check all equipment and notify the owner at the time of delivery if there is any equipment missing, damaged or unfit for use. Failure to do so will see the hirer responsible for any damages or missing equipment upon pick up.
  17. No warranty is provided by the owner for the equipment’s fitness for any particular use. In the event of adverse weather conditions, we take no responsibility if the equipment cannot be used. In the event that weather damages our equipment, the hirer will be responsible for any damages or losses.
  18. Any changes to this contract must be written and signed by both hirer and the owner. Oral agreements are non-binding. The latest contract supersedes all previous contracts between the hirer and the owner.
  19. The owner may terminate the hire at any time. The Client shall have no claims for such termination. The Client may terminate the hire of the Equipment by:
    1. returning the Equipment to the owner during normal working hours; or
    2. notifying the owner that the Equipment is ready for collection, provided that the Client keeps the Equipment safe until collection. Upon termination of hire, the owner is entitled to take possession of the Equipment immediately and for this purpose the Client irrevocably appoints the owner as his agent and authorises the owner to;
    3. enter upon any land or premises upon which the Equipment is situated or where the owner has any reason to believe the Equipment may be situated;
    4. remove the Equipment whether or not it is affixed to the land or premises, connected to the property or Equipment not owned by the owner, in use by the Client or any other person or containing property not owned by the owner. If the Equipment is not finally returned or ready for pickup by the suppler at the expiration or termination of the hire period, the Client shall pay an additional charge of 100% the daily rate for every additional day or part thereof that the Equipment is retained by the Client unless otherwise specified but the Owner.
If the owner agrees with the hirer that all items will be collected the day or days following after the event finishes the client is responsible for all equipment left in venues indoors or outdoors until collection is completed. Equipment delivered and/or collected and taken to an outdoor and/or insecure venue where security is not arranged, is the total responsibility of the hirer – any items missing or damaged