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T&C

Equipment Rental

Terms of Service

  1. This Equipment Rental Terms of Service (the “TOS”) is made and entered into on [Date], by and between Melbourne Marquee & Event Hire, a limited liability company bearing ABN 32134262258 (Hereinafter referred as “Service Provider”); And:

Client Details (Hereinafter referred as “Client”)

Client Name:

 

Client’s Address:

 

Client’s Email ID:

 

Client’s Phone Number:

 

Alternate Phone Number:

 

  1. Purpose of this Agreement: Client desires to rent the equipment and related goods (the “Equipment”) as listed in the Annexure A, from Service Provider to be used by the Client at the Venue during the Reservation Period on the terms and conditions set forth herein and Service Provider is willing to rent Equipment on such terms and conditions.
  2. Booking Details: Upon execution of this TOS and payment of the Rental Cost and required Reservation Deposit, Equipment shall be reserved for the Client on (the “Reservation”):

Venue Address:

 

 Referred to as “Venue”

Start Date of Reservation:

 

Start Time:

 

Referred to as “Reservation Period”

End Date of Reservation:

 

End Time:

 

Description of Equipment:

 Please see Annexure A

Rental Cost:

 Please see Annexure A

Sub-Total:

 

GST:

 

Total Payable Amount:

 

Reservation Deposit Paid:

 

Non-Refundable

Due Balance (if any):

 

To be paid on or before:

 

 

I, [Name of Client], hereby confirm that I have read and understood the entire TOS and that I agree to all the terms and conditions as provided for in the TOS.  I further confirm that all the information provided by me is true and correct and that I am authorized to sign this TOS.  

TERMS AND CONDITIONS

  1. Reservations / Rental Cost / Reservation Deposit:
  2. Reservations are bound by “first come first served” basis.
  3. A credit/debit processing fee will be added to your Total Payable Amount when paying with credit/debit cards.
  4. Reservation Deposit Requirements: A Reservation Deposit must be made at the time of signing this Agreement. This Reservation Deposit is non-refundable. A mere payment of Reservation Deposit shall not amount to Reservation of Equipment. Client must execute this Agreement and make the Reservation Deposit in order to make a valid reservation.

Time left before the Date of Reservation

Reservation Deposit

More than 10 days

+Fifty percent (30%) of the Total Payable Amount

Less than or equal to 10 days

Hundred percent (100%) of the Total Payable Amount

  1. Due Balance: Client must pay the Due Balance at least thirty days prior to the Date of Reservation or on the date specified above. If Client fails to pay the Due balance as specified, Service Provider reserves the right to cancel the Reservation and forfeit the Reservation Deposit. A courtesy call will be made to the Client before cancelling the Reservation. Service Provider is not responsible to maintain the Reservation due to unanswered correspondence.
  2. In any instance where a Client has reserved the Equipment for a particular date and the Client has not paid the Due balance yet; and the Equipment is being requested by another Client who is ready to pay the entire Total Payable Amount immediately, then in this case, a courtesy call will be made to the Client holding the Reservation and the Client will be asked to pay the Due Balance within three days, if the Client fails to pay the Due Balance, Service Provider reserves the right to cancel the Reservation and refund the Reservation Deposit to the Client.
  3. Damage:

Client will be charged full replacement value along with inconvenience charges for any damages to the Equipment. Equipment is to be returned in the same condition as it was delivered with all dirt and excesses being removed from the inside & outside of Equipment. Client will reimburse Service Provider entire cost including cleaning charges involved in restoring or replacing the Equipment to its original condition.

  1. Reservation:
  2. A late fee equal to 10% of the Total Payable Amount will be charged per day if Client should go over the allotted Reservation Period set forth in this Agreement.
  3. Service Provider reserves the right to ask Client to return the Equipment if time exceeds the Reservation Period.
  4. Service Provider will not be responsible for any damages that occur to any sub-hired Equipment during Reservation Period. Additional charges will be levied if sub-hired Equipment must be cleaned or replaced.
  5. Equipment:
    1. This TOS is a rental agreement only and the Equipment will always remain the property of the Service Provider. The Client has no legal or equitable interest in the Equipment or any part thereof.
    2. The Client will be held responsible for any damaged or missing Equipment.
  6. Unless the Service Provider has been expressly retained, in writing, to advise on the suitability, fitness and merchantability of the Equipment for the Client’s purpose, any warranting as to suitability, fitness or merchantability is hereby expressly excluded.
  7. Any malfunctioning of the Equipment must be notified by the Client to the Service Provider, over the phone, within 24 hours of such malfunctioning.
  8. Where the Client is in effective control of the Equipment, then the Client is a bailee of the Equipment.
  9. In addition to all duties imposed by law upon bailees, it is an essential term of the TOS that the Client will always exercise all reasonable care and diligence in the use of the Equipment;
  10. Where the Service Provider is to collect the Equipment at the expiration of the Reservation Period, the Client must:
    1. Make it available for collection in good order;
    2. Furniture stacked neatly;
  • Not tamper or in any way interfere with, or repair or attempt to repair the Equipment;
  1. Be responsible for all accidental damage to the Equipment, save and except where such damage is caused by the Service Provider;
  2. Be responsible for all loss or damage to the Equipment occasioned by theft, malicious damage, or other unlawful act, save and except where such loss or damage occurs when the Equipment is under the effective control of the Service Provider;
  3. Ensure that the Equipment is secure at all time and where being stored in unlocked premises, supply such security measure to ensure that the Equipment is always secure;
  • Always keep the Equipment safe during the Reservation Period;
  • Not remove or deface any label, serial numbers or other marks identifying the Equipment and/or The Service Provider’s ownership of the Equipment;
  1. Not permit any person to improperly use the Equipment.
  1. In the event that the Equipment or any part of it is lost, stolen or damaged during the Reservation Period in circumstances where the Client bears responsibility under these TOS, the Client will be liable to the Service Provider and will indemnify it for the cost and expenses of the replacement of such lost or stolen Equipment and/or for the replacement of Equipment which, in the sole determination of the Service Provider, is damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged equipment.
  2. In the event that the Client fails or refuses for any reason whatsoever to return or make available for collection all the Equipment to the Service Provider at the expiration of the Reservation Period, then the Client will be in breach of an essential Term of this TOS and without prejudice to any other rights which the Service Provider may have, either pursuant to these TOS or by law, the Client will be liable to pay the Service Provider on a Day-Rate basis for the hiring for Equipment for such further period of time.
  3. Pick-up / Return / Delivery of the Equipment

The Client has the option to either collect and return the Equipment from Service Provider’s premises or get the Equipment delivered and picked up from the Venue at extra cost.

  1. If the Client decides to pick-up and return the Equipment from Service Provider’s premises, the Client is required to:
    1. Provide photo identification e.g. Driver’s Licence, Student or Senior Card, on collection of Equipment;
    2. Check the Equipment is the correct quantity, clean and in good working order before leaving the warehouse;
  • Sign this TOS;
  1. Return the Equipment prior to or on the expiration of the Reservation Period as stated herein. Failure to do so will incur a late fee as specified in Section 3.
  2. Sign a Return Document stating the Equipment has been returned to Service Provider in correct condition and quantities. Any variations/damaged items are to be reported upon return and reimbursed by the Client as instructed by Service Provider.
  1. If the Client decides to utilize the Equipment delivery service from Service Provider, the Client acknowledges that:
  2. The Equipment shall be delivered in a reasonably clean, but not necessarily sterile state. The Client must satisfy itself as to the sterility of any Equipment, from which food or drinks are to be served, prior to use.
  3. The Client must allow Service Provider’s delivery representatives access to the Equipment at all reasonable times. The Client must provide safe and proper access to and at the Venue. The Client is liable for all injury, loss or damage suffered by The Service Provider, its employees or agents while at the Venue.
  • The Client must pack the Equipment in their respective containers and crates at the end of the Reservation Period in a complete, clean and dry state.
  1. If hired Equipment is not so cleaned, the Client shall pay the Service Provider cleaning costs as listed in the Price/Fee Schedule below.
  2. The Service Provider’s count and decision as to condition of Equipment prior to dispatch and on return shall be final.
  1. Cancellations: If a Client choose to cancel the Reservation, Client will only be entitled to refund 70% of the booking fee. Cancellations should be provided to Service Provider in writing.
  2. Adult Supervision: All Equipment must be always supervised by a person who is not less than 18 years of age.
  3. General Release: Client shall keep and maintain common sense safety rules while utilizing the Equipment. Client agrees to assume any and all risk of, and hold Service Provider harmless for, any lost or stolen Equipment, any injuries, emotional injury, personal property damages, death, and/or personal injuries caused by the Equipment, adverse weather conditions, or the result of negligence on the part of the Client for misconduct, and/or improper usage of the Equipment. Client voluntarily and expressly release, indemnify, forever discharge and hold harmless Service Provider from any and all liability, claims, demands, causes or rights of action whether personal to Client or to a third party, which are in any way connected with such use or participation of the Equipment. Should Service Provider or anyone acting on behalf of Service Provider be required to incur attorney's fees and costs to enforce this TOS, Client expressly agree to indemnify and hold Service Provider harmless for all such fees and costs. In the event Client(s), or any participants file a lawsuit against Service Provider, it is agreed to do so solely in the State of Victoria. It is understood and agreed that should Client and/or Client guests, vendors, and/or participants fail to adhere to all rules, policies and conform to the proper use of the Equipment, Service Provider may, at its discretion, terminate this TOS and require the Client to return the Equipment, forfeiting any and all fees and monies.
  4. Force Majeure: If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such performance during the pendency of such cause.
  5. General Terms:
  6. If the scope of any of the provisions of the TOS is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this TOS shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.
  7. This Agreement may not be assigned by either party without the prior written consent of the other, and any such purported assignment shall be void. This TOS is made in Australia and shall be construed and interpreted in accordance with the law of the state of Victoria, applicable to contracts made and to be performed entirely therein. This document is a complete and exclusive statement of the terms of this agreement and may not be changed orally but only by writing signed by both parties.

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