Terms And Conditions: Terms & Conditions of Hire for Lite It Up Events
Definitions In this agreement the following expressions shall have the following meaning:- “Owner”: means Lite It Up Events, its successors and or assignees. “Hirer”: means a person/s, partnership, trustee of a trust, company, entity or assignees (including agents, employees or contractors) hiring equipment from the owner. “Equipment”: means all items hired from the owner and includes but is not limited to accessories, attachments, parts, replacement and substitute items. “Rental Period”: means the period of hire or variation agreed to between the owner and the hirer and any additional period during which the hirer is in possession of the equipment. “Hire Rates”: means the rates specified in the agreement details.
Period of Hire The owner agrees to hire the equipment to the hirer for the period between the hire start date and time and the hire return date and time. The date and time the equipment is returned to the owner will be deemed the date and time of return and the hirer will be liable for any additional hire charge rates for equipment which is not returned by the hire return date and time. The hirer acknowledges that they may request the schedule of hire charge rates from the owner prior to the period of hire commencing. The day of delivery is counted as Day 1 of the period of hire and the day the equipment is picked up by Lite It Up Events from your event address is counted as the final day of the period of hire irrespective of the time of day. The hirer acknowledges that in the event that the equipment is requested to be picked up by Lite It Up Events prior to the hire return date, the hirer will not be entitled to a reduction in the hire fee as set out in the hire agreement unless agreed in writing by the owner.
Equipment– Every effort is undertaken by the owner to maintain the equipment to a standard of good repair which is suitable and fit for the intended purpose and use. The owner gives no express or implied warranty as to any matter whatsoever including without limitation the condition of the equipment, length of battery life or fitness for any particular purpose or use. The hirer accepts that they are competent and capable in the use of the equipment so as to do so, without causing any accident, injury, loss or damage. The hirer acknowledges that the owner will provide instruction if requested by the hirer as to the safe operation and use of the equipment and will only proceed with the hire on the basis that they are capable of using the equipment without causing accident, injury, loss or damage. In the event that the hirer is uncertain as to the safe operation of the equipment for the intended purpose and use then they will not proceed with the operation or use of the equipment without first seeking direction from the owner and then only on the basis that they are capable of doing so without causing accident, loss or damage. The hirer acknowledges that they indemnify the owner and any other related entities with respect to any or all costs, damages, loss or injuries (incl. such damages and injuries to third parties) incurred through the use, misuse or accident arising from the use or misuse of any of the equipment whether by negligence of the owner or otherwise. The hirer indemnifies the owner for any partial or total damage caused to the equipment and/or third party. Loss or damage and will be liable for repair or replacement in accordance with the damage schedule which may be viewed by the hirer prior to commencing with the hire agreement. The hirer authorises the owner to charge Recommended Retail and shipping cost to replace any damaged items. These costs are to be paid to the owner within 7 days of the hire event. In the event that the owner is required to recover any outstanding monies the hirer agrees that the costs of such recovery including legal professional fees and costs, interest etc. will be at the expense of the hirer. The hirer acknowledges that in the use of the equipment they will do so in compliance with all Commonwealth, State and Local laws and failure to do so will be deemed a breach of this agreement for which the owner will be entitled to recover any loss from the hirer as a consequence of such breach. In the event the owner is required to undertake cleaning as a consequence of the equipment not being returned in a condition in which it was provided, the owner may charge a cleaning fee up to $10 per item hired for excessively dirty equipment, which will be deemed excessively dirty in the sole discretion of the owner.
Equipment Care– The equipment can not be near heat. This includes but is not limited to fire pits, sun and hot food or drink. The equipment cannot be in any water including puddles from rain during an event as the charging points are at the bottom of the items and may cause the equipment to no longer function. In the event damage has occurred please refer to the above information regarding full payment for the item.
Home Delivery Service The hirer acknowledges that the owner may provide a home delivery service for the hired equipment and the hirer acknowledges that the owner may charge an additional fee for this service. The hirer acknowledges and accepts that the period of hire will commence at the date and time that the hired equipment is delivered and will finish when the hire equipment is collected by the owner from the agreed location of collection.
Payment The hirer is to pay the owner a booking fee on execution of the hire agreement being an amount no less than $100. The balance of the hire fee will be payable on or before delivery of the hired equipment. If the funds have been direct debited to the required account the funds must be cleared prior to the delivery or a cash payment of the balance is required before the items will be left at any event. The owner reserves the right to retain the booking fee and offer no refund in the event that the hire agreement is terminated. Termination of the agreement includes change of location or date on the original agreement. If your booking is cancelled less than 72 hours prior to your scheduled event date 50% of the total account is due by the original event date on the agreement.
Covid 19 Lockdowns – If the event is unable to go ahead due to State or Suburb lockdowns only from Covid 19 the deposit will be rolled over to a new agreed upon date and venue. This new date and venue may not be suitable for the owner and at this point the owner will refund $100 to the hirer. This will be the only reason a refund will be given to the hirer. If a new date and venue is agreed on by the hirer and the owner, then the owner will send an updated agreement to the hirer. This means the hirer has entered into a new agreement with the owner for the new date and venue.
Ownership Nothing within the terms of this agreement shall purport to or constitute a transfer of ownership of the equipment between the owner and the hirer. Ownership of the equipment shall at all times remain in the name of the owner and no person or entity shall directly or indirectly use, dispose of or otherwise deal with the equipment in any way which is inconsistent with the rights of the owner of the equipment or the owners’ rights under these terms and conditions. The owner retains title to the equipment for the purposes of this agreement. Neither payment or compensation or any other circumstance or event shall amount to, constitute or result in transfer of property or interest in the equipment from the owner. The owner may inspect the equipment and the operation of the equipment at any time without notice. The hirer grants an irrevocable authority to the owner to enter the property where the equipment is situated. If the owner at its sole discretion believes the equipment is not being used correctly the owner may terminate this agreement and collect the equipment immediately and the owner will not be obligated to refund the balance of the hire fee. The hirer is not entitled to sell, sub-let, assign, mortgage, hire, transfer, loan or create any form of security interest over the equipment.
Miscellaneous No variation of this agreement shall bind either party unless confirmed by the owner in writing. The hirer hereby agrees as security for payment to the owner, to charge all their equitable interest in freehold or leasehold property/assets both current and later acquired. This agreement is governed by the laws of the state of Queensland. The hirer consents to and deems the jurisdiction of the appropriate court nominated by the owner. Each clause and sub-clause of this agreement is separate and independent. If any clause or sub-clause is found to be invalid or ineffective, the other clauses or sub-clauses will not be adversely effected. Subject to any variation of this agreement confirmed by the owner in writing both parties acknowledge that this agreement contains the entire agreement concluded between the parties not withstanding any prior or subsequent negotiations or discussion or representations between the parties. Any such conditions, warranties or representations are hereby expressly excluded. The hirer is responsible for the use and operation of the equipment and undertakes to the owner that no persons shall use the equipment who are not capable of doing so in a safe manner for which they were intended to be used.
Indemnification The hirer shall indemnify and keep indemnified the owner against any claim, loss or damage which may arise either directly or indirectly by reason of anything which may arise from the hire agreement. The indemnification by the hirer will extend to any and all physical loss or damage to or as a consequence of third parties arising out of or resulting from this agreement or any other act, error, omission or neglect of the hirer. The hirer shall promptly make good the loss or damage at its own expense.
Termination The owner reserves the right to terminate this agreement at its sole discretion by written notice to the hirer. In the event of termination, the hirer acknowledges that no claim is entitled to be made against the owner for any loss, damage or claim which may arise as a consequence of the termination.
Acknowledgment The hirer acknowledges that by paying the $100 deposit for hire agreement they understand and accept the terms and conditions of this agreement. Further they undertake that they are confident and capable of operating equipment safely without causing accident, injury, or loss to themselves or third parties
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