Terms

The terms of the contract between the Owner and the Hirer are set out in the Hire Agreement and in these conditions.
2.2   No variation of the terms of the contract shall be binding on the Owner unless agreed to in writing by the Owner.
2.3   The Owner reserves the right to refuse any requested variation to the Hire Agreement by the Hirer.

Quotation

The quotation for hire charges is made upon the basis that the site is secure, of level firm ground, with good access for heavy motor transport and is free of drains, pipes, cables or any concealed service.
3.2   The Owner reserves the right to rescind the agreement in the event that the site does not comply.

Payment

The Hirer agrees to pay the Owner'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 Owner.
4.2  If not otherwise specified by the owner 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 within seven days of the relevant invoice.
4.3  The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal costs on a solicitor-client basis).
4.4   The Hirer acknowledges and agrees that the Owner may pay a rebate, commission or other financial benefit to event organizers or like suppliers in connection with the hiring of the Equipment to the Hirer.

The Hirer warrants that

The Hirer is the owner of and/or entitled to lawful possession of the premises or site where the Hire Equipment is delivered and erected
5.2    the premises or site are not in such condition as may contaminate or damage the Hire Equipment in any way
5.3    the Owner shall not be liable for loss or damage to any goods or equipment belonging to any parties other than the Owner howsoever arising
5.4    the Owner shall not be liable to make good any damage to the site nor for any damage to drains, pipes, cables or any concealed service, or any consequential loss arising from such damage
5.5    the Hirer shall provide the Owner with a plan showing the precise position in which the Hire Equipment is to be located/erected or alternatively shall have a representative on site for that purpose at the time of delivery/erection. In the absence of such a plan or representative the Owner may locate/erect the Hire Equipment where it thinks fit and shall be deemed to have performed the contract.
5.6   the Hirer shall not cause or permit anything to be done in, on or with the Hire Equipment, which may cause damage or loss, or become a nuisance to any other party.
5.7    the Hirer shall not assign, transfer or sub-license the benefit of the Hire Agreement or the Hire Equipment.
5.8    the Hirer shall take all fire, safety and security precautions as are reasonably necessary to protect the Hire Equipment and be liable for the cost of all risks insurance for the Hire Equipment during the period of hire (which may be arranged by the Owner at their absolute Discretion).
5.9    the Hirer is wholly responsible for any loss or damage howsoever caused (including cigarette damage) to all or any part of the Hire Equipment during the time it is in the Hirers possession and/or control, and the Hirer shall indemnify the Owner for the full cost of any repair to or replacement of the Hire Equipment.
5.10    the Hirer shall indemnify the Owner against any demand or claim made or any action or other proceedings brought by or against the Owner arising out of or in connection with any dispute as to the ownership of, loss or damage to any goods or equipment in, on, with or including the Hire Equipment or the premises/site.
5.12   the Hirer is responsible for giving notice to or obtaining any necessary permits from any authorities who are or may be concerned, including the Planning Authority, District Surveyor, Police, Fire Brigade, or any other authority or organization. Any delay, modification or cost resulting from the absence or misrepresentation of all such necessary notices or permits shall be the responsibility of and payable by the Hirer to the Owner and shall be subject to the terms and conditions of the Hire Agreement.

The Owner

6   The Owner reserves the right to supply substitutes Hire Equipment of similar kind to that set out in the Hire Agreement, in the event of unforeseen circumstances.
6.2    The Owner accepts no responsibility and shall not be liable to the Hirer for any loss or damage the Hirer may suffer, nor for any claim for any loss, damage or consequential loss suffered by any other party (for which the Hirer shall indemnify the Owner), as a direct or indirect result or consequential upon the Hirers failure adequately or at all to perform all or any part of the contract, to include delay and/or cancellation by reason of the Owner being prevented, hindered or delayed by reason of any act of God, riot, strike, or lock-out, trade dispute, accident, breakdown of plant or machinery, fire, storm, flood, shortage of: labour, materials or transport, and/or difficulty in traveling to the premises or site or gaining access thereto or erecting/delivering the Hire Equipment due to the nature of the site, weather conditions or otherwise.
6.3    The Owner accepts no responsibility for and the Hirer shall indemnify the Owner against all claims for injury to any person however caused, unless it be proved that such injury be caused by the faulty material or workmanship, or negligence on the part of the Owner.
6.4    The Owner reserves the right to enter the premises or site without the Hirers permission and to remove all or any of the Hire Equipment for the purposes of inspection, cleaning or repairs, or if in the opinion of the Owner such entry is required in the interests of safety or security.

Hire Equipment

7   The hire equipment is made available for the use of the Hirer by way of license only. The Owner may recover the hire equipment from the Hirers premises or the site where it is located, if the Hirer is in breach of the terms and conditions of hire.

Verbal or Written Acceptance

8   Verbal or written acceptance of the terms of the Hire Agreement shall be binding upon the Hirer, whereupon a deposit of 25% of the total sum set out therein, shall be immediately due.

Correspondence

9   All correspondence of whatsoever kind shall be sent to the Hirer at the address set out in the Hire Agreement, unless otherwise notified, and shall be deemed to have been received by the Hirer 2 days after posting.

Labour

10   Labour for the erection and dismantling of any temporary structure supplied by the Owner will be provided and is included in the hire charges. (The Owner does not permit any Hirer to erect or dismantle any of the Owners property without specific agreement.) No other attendance or labour charges are included within the hire charges unless otherwise stated in the Hire Agreement.

Cleaning

11   All equipment (including BBQ and Vertical ovens) must be returned clean and in good condition or a cleaning charge will apply.

These Conditions

12   These conditions may be altered at any time by the Owner providing that, in the case of current contracts, prior notice in writing shall be given to the Hirer no less than six weeks before the variation shall come into effect.

Cancellation

13   The Hirer shall give 72 hours notice of cancellation, failing to do so will result in a 50% charge of the cancelled item.

Damage Waiver

14    The Hirer agrees to pay a damage waive to the Owner to cover the costs associated with normal wear and tear to the equipment. The damage waiver does not apply to or cover any other damage to or loss of equipment including, without limitation:
14.1     Damage from overloading, exceeding rated capacity, misuse, abuse or improper servicing of equipment:
14.2    damage or loss due to disappearance of the equipment,
14.3    damage caused by the use or operation of equipment in contravention of any of these terms;
14.4    damage to or loss of, the equipment from any unknown cause.
14.5   damage or loss to marquees, tarpaulins, walling or other hired goods has been caused by heaters, catering equipment, or catering odours.
14.6    damage to goods has been caused by graffiti or vandalism.

NB: Special Precautions-Market Umbrellas

15   Open market umbrellas are safe in winds up to 20km/h. If the wind speed is beyond that, the market umbrella may need to be closed. The judgement of the safety of the umbrella use is the sole responsibility of the hirer.