Masthead header

Terms & Conditions

Terms & Conditions

 

Maisey Collections – ABN 32 261 065 663

  1. DEFINITIONS

(a) The “Owner” is Maisey Collection

(b) The “Hirer” refers to the person, firm or corporation hiring equipment from the

Owner

(c) The “Equipment” means all the equipment and accessories supplied to the Hirer

(d) “Terms” means these Terms and Conditions of Hire

  1. CONDITIONS OF HIRE

(a) The hiring of the equipment will commence from the commencement date

specified on your invoice and continue for the term specified. The hirer is entitled to

use the equipment for the hire period. Any extension of the period must be agreed to

by Maisey Collections

(b) The hirer shall not remove the Hire equipment or any part thereof from the

situation and position of its installation without consent from the owner.

(c) The hirer acknowledges that he/she has received adequate instruction on the

correct use of the equipment, which includes demonstration or verbal or written

instructions.

(d) The hirer agrees not to use the equipment at locations or purposes different to

the equipment’s general designated purpose and specified suitability (such as indoor

versus outdoor use – as per listed on www.maiseycollections.com.au).

(e) The hirer acknowledges responsibility for the equipment and is liable for any

damage.

  1. PAYMENT

(a) The hirer agrees to pay Maisey Collections the hire fee specified for the

equipment for the hire period including any applicable GST, stamp duties, penalties,

levies or freight and other charges relevant to this agreement.

(b) The required fees must be paid to Maisey Collections 4 weeks prior to the

commencement date of the hire period.

(c) Equipment not returned on time and in accordance with this agreement will be

subject to a continuance of the agreed rental until return is complete.

(d) Payment for hire of goods must be made by; (i) 25% of the agreed hire price

upon confirmation of order; and (ii) the balance of the agreed hire price made 2

weeks prior to delivery of the goods. Payment must be made by credit card, bank

transfer or cash.

(e) The Owner requires credit card security details at the time of order placement. An

order will not be confirmed until and unless credit card security detail is endorsed

and supplied to the Owner.

(f) All orders placed less than 2 weeks from delivery require full payment to confirm

the booking.

(g) All prices on the Maisey Collections website are in Australian Dollars (AUD).

(h) All custom built or special purchase equipment requires full payment at point of

booking in order to commence manufacture or buying process.

  1. CANCELLATION

The Hirer may cancel an order but may forfeit any hire fees paid as follows:

(a) If booking is cancelled 12 weeks before the event date, Maisey Collections will

make a full refund of any hire fees paid minus the 25% deposit paid;

(b) Bookings cancelled or item quantities reduced 6-2 weeks before the event date

will forfeit between 50% and 100% of the total hire fee depending on the time of

year;

(c) Bookings cancelled or item quantities reduced within 4 weeks of the event date

will forfeit 100% of the total hire fee.

(d) If a booking is changed or adjusted it must remain above the minimum spend of $450 excluding delivery/collection.

  1. DELIVERY & COLLECTION

(a) The goods shall be returned in a reasonably clean, but not necessarily sterile

state or a cleaning fee may apply.

(b) The Hirer must allow any Maisey Collections representative access to the goods

at all reasonable times.

(c) The Hirer must provide safe and proper access to and at the event site.

(d) Prices quoted are for delivery on street level. Extra charges shall be payable for

delivery to and removal from higher or lower levels.

  1. DAMAGE

(a) The Hirer is responsible for the equipment from the time of delivery until

collection by the Owner and shall pay for all equipment damage or loss however

caused during that period. Damage waiver is payable by the Hirer to cover all costs

associated with normal wear and tear to the equipment hired, the waiver does not

apply to any other damage including:

(i) damage resulting from overloading, exceeding rated capacity, misuse, abuse or

improper servicing of equipment;

(ii) Damage due to mysterious disappearance of the equipment;

(iii) Damage caused by the use or operation of equipment in contravention of any of

the conditions of the agreement;

(iv) Damage to, or loss of, the equipment from any unknown cause.

(v) Cigarette burns on any furniture or décor items.

(vi) Red wine spillages on any furniture or décor items.

(b) The Hirer shall protect the equipment from the elements during the time of

delivery, use, storage or waiting period before pick-up.

(c) The Hirer shall maintain at its expense liability, property and casualty insurance

coverage in amount necessary to fully protect the Owner and its equipment against

all claims, loss or damage of whatever nature or type.

(d) The Owner shall not be liable for any loss or damage caused to any person,

property, animal or things whatsoever arising from the use of the equipment hereby

hired and the Hirer indemnifies the Owner in respect to any claims for such loss or

damage.

(e) Any person signing the documents for and on behalf of the Hirer hereby

covenants with the Owner that he or she has the authority of the Hirer to make this

agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to

this agreement and hereby indemnifies the Owner against all losses and cost

incurred by the Owner arising out of the person signing this agreement failing to

have such power and/or authority.

(f) Where the Hirer is more than one person liability shall be joint.

(g) By making a booking through confirming a quote via signature, deposit payment

or remittance of funds, the hirer acknowledges and agrees to the Owners Terms and

Conditions.

(h) In the case of the equipment being damaged, the hirer may have the opportunity

to purchase the damaged equipment.

If items have not been returned clean as per instructions a cleaning fee between $50-$100 will be charged.

(g) By making a booking through confirming a quote via signature, deposit payment or remittance of funds, the hirer acknowledges and agrees to the Owners Terms and Conditions.

  1. RELEASE AND INDEMNITY

The Hirer hereby releases the Owner from, and agrees to indemnify the Owner 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.

  1. FORCE MAJEURE

For the purpose of this clause, “Force Majeure” means an event or circumstance

beyond the reasonable control of a party, including, but not limited to, acts of God,

War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at

the date of this Agreement or labour disputes. Neither Maisey Collections nor the

Hirer will breach this agreement and each party will not be liable to the other party for

delay or failure to perform its obligation under this agreement due to Force Majeure.

Maisey Collections may give written notice to the Hirer, giving full particulars of such

Force Majeure.

Maisey Collections shall not be liable for any indirect or consequential losses or

expenses suffered by the Hirer, including but not limited to, loss of turnover, profits,

business or goodwill or any liability to any other party or for any loss or damage

suffered by the Hirer as a result of any delays caused by such Force Majeure events.

  1. MISCELLANEOUS

(a)The hirer agrees to ensure that any site specified on the hire agreement, will be

clear of all obstructions to allow Masiey Collections to erect, install or place the hire

equipment safely. These terms and conditions are governed by the Laws of Western

Australia and the Hirer and the Owner submit to the jurisdiction of the courts of the

State.

(b) If any of the Terms becomes void or unenforceable for any reason then that part

will be severed from these Terms to the intent that all other parts that do not become

void or unenforceable will remain in full force and effect and be unaffected by any

severance of other parts. Failure by the Owner to insist upon strict performance of

any of these Terms, or to exercise in whole or in part any right that it may have under

these Terms or at law, shall not be deemed to be a waiver of any rights that the Owner may have and shall not be deemed a waiver of any subsequent breach by the

Hirer of any of these Terms.

  1. JURISDICTION

These terms and conditions are governed by the Laws of Western Australia and the

Hirer and the Owner submit to the jurisdiction of the courts of that State.