1. Definitions
“Equipment” means the items hired out by the Company to the Hirer.
“Hirer” means any person who requests the Company to hire Equipment to it, including its
employees and agents.
“Company” means Gold Coast Tipis Pty Ltd and its employees and agents.
“Terms” means these terms and conditions.
“Client booking form” is the form issues by the Company detailing hired items and delivery/ set up
dates and times.
2. Conditions
Unless agreed otherwise in writing all orders are accepted subject to these Terms and Conditions and the Hirer, by authorising and proceeding with hire is automatically deemed to have agreed to these Terms and Conditions.
3. The Company undertakes
(a) To deliver and set up the hired goods in accordance with the client booking form
(b) to dismantle/ collect hired good after event in accordance with the client booking form.
4. The Hirer Undertakes
(a) To pay a 25 % booking deposit to secure the booking.
(b) to pay the final balance due in accordance with payment terms on the Company’s invoice. The Company reserves the right not to provide hired goods should payment not be received in accordance to the Company’s invoice terms.
(c) hire the Equipment at its own risk, and bear responsibility for the Equipment hired from the time of its delivery into the possession of the Hirer until collection by or return to the Company.
(d) to provide the Company with a plan showing the position in which the Equipment is to be erected and all underground services and any apparent obstacles or to make available a representative on the site for that purpose. In the absence of both, then the Company having erected the Equipment where it thinks fit shall be deemed to have completed the contract. In any event, the Hirer and not the Company will be responsible for any damage to underground cables or pipes.
(e) In the event that hired items will be left overnight prior to the Hirer’s event date, the hirer will provide security personnel to ensure the safety and security of all Equipment during the period of rental including overnight security personnel where the Equipment is installed on or adjacent to public property.
(f) To obtain permits from any authorities who are or may be concerned and to make application where necessary to the Planning Authority, District Surveyor, Council, Police, Fire Brigade and any similar authority or organisation. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Hirer.
(g) Where appropriate to obtain a licence from the Local Authority. Any requirements under the licence must be notified to the Company in writing, at least 28 days prior to Marquee erection. Should the Company for any reason be unable to comply with these requirements, then the Hirer shall be notified and the booking of hired goods/ contract shall be deemed to have been cancelled by the Hirer.
(h) if any part of the hired Equipment includes electrical apparatus to provide such power points or supply as may be reasonably required by the Company within 15 metres of the hired Equipment unless otherwise stated.
(i) not to enter the hired Equipment whilst it is being erected or dismantled by the Company.
(j) to keep any part of the hired Equipment that is a tent/ marquee completely closed and secure and in particular any door fastened when not in use.
(k) not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of the Company.
(l) not to light, or allow to be lit, any fire, candle or other naked flame within or close to the hired Equipment without the prior written consent of the Company
(m) not to tamper with the structure or any part of the Hired Equipment and in particular not to affix or suspend from the hired Equipment any item whatsoever without the Company’s prior written consent.
5. Variations
a) The rental charge is based on the assumption that the Hirer provides a firm and level site of turf (or some other material not impervious to stakes and able to absorb rainwater) and is served by a firm access road adjacent to the site with adequate hard-standing for commercial vehicles free from flooding, trees and overhead obstruction. If this is not the case or if the Hirer wishes the Company to erect the Equipment in a different position on the site to the one indicated by the Hirer to the Company at the time of booking and in either event the costs to the Company are subsequently increased by reason of increase in labour costs or any other factor the Company may increase the price in accordance with the Company’s published price list and hourly labour rates then in force.
b) The Company will use all reasonable endeavours to supply the Hirer with the hired Equipment but where this is not possible the Company will notify the Hirer as soon as possible with any alterations to the design and specifications of the hired Equipment and where alteration is fundamental the Hirer may terminate this contract and any deposit paid will be refunded.
6. Terms of Payment
The Hirer agrees to pay the Company’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the Company. If not otherwise specified by the Company in writing all hiring charges including taxes and duties are to be paid prior to delivery of the Equipment. Subsequent charges for loss, damage, repairs or other expenses are to be paid on receipt of the relevant invoice. The Hirer agrees to pay any expenses incurred or loss suffered by the Company as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by the Company. Payments are accepted by cash, credit card (credit cards may incur a surcharge) direct debit/ EFT.
7. Cancellation
(a) Either party shall have the right to terminate this Contract without penalty within seven days from the date of the original invoice subject to written confirmation of such termination being given by one party to the other within such period. In the event of such termination by either party the Company shall refund to the Hirer all sums paid by the Hirer to the Company by way of deposit or otherwise.
(b) Once the seven days referred to in the preceding clause has passed should the Hirer cancel the contract, the 25% deposit held is non-refundable. If cancellation occurs within 30 days prior to the Event date shown on the Client Booking Form the compensation payable to the Company will be the full rental charge and invoiced amount.
(c) If the Hirer cancels pursuant to the preceding clause and the Company is able to relet the Equipment then the Hirer shall not pay the full cancellation charge but an administration charge of $250.
8. Hire
(a) The Company agrees to hire the Equipment to the Hirer on these Terms and the terms of the booking. If there is any inconsistency, these terms prevail.
(b) The Hirer agrees that the Company can use any photographs and images of their event for promotional purposes including as examples of our work and in any brochure, newsletter, manual, report, website or other media, and such use may include Hirer’s name or other Intellectual Property as it appears in the materials, and the Company may also alter the materials to remove such name or other Intellectual Property without prior approval as to any such use or alteration.
9. Property
The Hirer acknowledges that the Company may inspect the Equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment.
The Hirer shall indemnify the Company in relation to any action of trespass or any other action or claim against the Company in the course of the Company exercising its right to inspect the Equipment. The Hirer acknowledges that all property in and title to the Equipment at all times remains with the Company, the Hirer does not acquire any property in or title to the Equipment and the Hirer’s interest in the Equipment is as bailee of the Company only.
10. Loss of or Damage to Equipment
If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify the Company of the details. notification shall not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer shall immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment without the Company’s prior written consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or wilful act or omission of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for;
(a) any costs incurred by the Company in repairing or replacing the Equipment;
(b) hire charges for the Equipment until the Equipment is repaired or replaced; and
(c) any other costs whatsoever incurred or loss suffered by the Company as a result of the damage to or loss of the Equipment.
11. Release and Indemnity
The Hirer hereby releases the Company from, and agrees to indemnify the Company in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or the Hirer’s breach of any of these terms.
13. Insurance
The Hirer will maintain at its own expense all appropriate policies of insurance:
(a) for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment; and (b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Company and its Equipment against all claims, loss or damage whatsoever.
14. Limitation of Liability
To the full extent permitted by law, all warranties, conditions and guarantees that may otherwise apply or be implied are excluded and the Company’s only obligation resulting from a breach by it or of any condition, warranty or guarantee that cannot be excluded is limited to replacing the Equipment or supplying Equipment similar to the Equipment, repairing the Equipment, paying the cost of replacing the Equipment or paying the cost of repairing the Equipment.
15. Third party liability
The Company will not be responsible for and the Hirer will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved, and then only to the extent, that such injury or damage was caused by faulty material or workmanship or negligence on the part of the Company
16. Force Majeure
If the Company is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Company may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Company under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Company shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.
17. Covid-19
All bookings made during the current Covid-19 pandemic are done at the risk of the Hirer and understanding that events may be cancelled by the Government or external parties due to lock-downs or other reasons that may impact the safety of patrons or attendees. The Company will not be liable for such cancellations and any bookings are made with full acknowledgement that refunds will not be issued.
(a) if an event cannot go ahead due to current government COVID restrictions, postponements will be allowable with no additional fee. All deposits/instalments paid will be automatically transferred to a new, mutually agreeable date. The balance will then be due 30 days prior to new Event Date.
(b) where official government guidance indicates events taking place during COVID can go ahead (inc. with any restrictions), the Company will work with the Hirer to deliver the event in line with specific government & health advice.
(c) where the official government guidance permits events during the COVID pandemic (inc. with any restrictions etc), should the Hirer choose to cancel, the deposit would remain non-refundable.
