Terms & Conditions

Maisey Collections – ABN 32 261 065 663

Maisey Collections – ABN 88 613 375 901

DEFINITIONS

(a) The “Owner” is Maisey Collection

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

Owner

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

1. Ownership

The equipment supplied for hire remains at all times the property of the owner.

2. Inspection

As part of the owner’s stringent quality assurance process, all equipment is checked, counted and cleaned prior to dispatch. It is the Hirer’s responsibility to check all of the ordered equipment on delivery or collection and the Hirer must notify the owner of any breakages or missing items within eight hours of receiving the equipment for hire. The Hirer acknowledges that it is aware of the proper use for which the equipment hired is designed and it has inspected the equipment and expressly agrees that the equipment is:

2.1 in clean condition;
2.2 in satisfactory working order;
2.3 is fit for the purpose; and
2.4 is of a quality and specifications as ordered.

3. Charges and Terms

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 at the rate and in the manner specified from the commencement date and time of the hire until the equipment is returned by the Hirer to the premises of the owner, or the Hirer notifies the owner’s hire controller that the equipment is ready for collection.

If the Hirer requests the owner transport the equipment to or from the owner’s premises, the Hirer shall pay the owner all charges and expenses incurred by the owner in delivery, installing and collecting the equipment in addition to the hire charges. Valid credit card details are mandatory for all hire contracts and will be held as security for your booking.

The owner reserves the right to amend or revise its rate or prices without notice.

4. Payment Terms

Payment for hire of goods must be made by:

(a) 25% of the agreed hire price upon time of booking order (non-refundable); and

(b) final 75% at 14 days prior to date of delivery

Note, orders placed less than 14 days from hire date require full payment to confirm booking.

The Hirer authorises the owner to debit the Hirer’s credit card or deduct from the allocated bond any subsequent loss, damage, repairs or other expenses with the amount shown on the relevant invoice. Cash bonds and or refunds relating to amendments of contracts made prior to three days from the delivery/collection minus, any subsequent expenses will be refunded by direct deposit to the credit card provided seven days after the return date of the hire items.

(c) custom builds require a 75% non-refundable deposit with the final 25% due 2 weeks prior to date of delivery.

Deposit payments are non refundable except in previously agreed circumstances.

5. Cancellations

Hire Contract cancellations are at the discretion of the hirer. The Hirer may cancel a confirmed order in writing but may forfeit any hire fees paid as follows:

a) Cancellations more than 30 days before the delivery date will be charged at 30%

b) bookings cancelled 1 – 4 weeks before delivery date will forfeit between 50% and 70% of the total hire fee; and

c) bookings cancelled within 7 days of the delivery date will forfeit 100% of the total hire fees.

Changes requested less than fourteen days from the delivery date will be limited to additions only.

6. The Hirer’s Obligations

The Hirer must:

(a) accept responsibility for the equipment hired from the time of its delivery until collection or by return to the owner;

(b) assume the risk of and indemnify and hold the owner harmless from and against any and all property damage and personal injury resulting from:

(i) the use of the equipment;
(ii) contact with underground cables, pipes, services or other obstruction;
(iii) all necessary service repairs;
(c) use the equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed;

(d) ensure all equipment is returned or ready for collection by the owner’s driver, in a clean, dry and properly packed condition and if being collected, is readily acceptable. the Hirer must pay all cleaning and drying costs and for any damage resulting from not properly drying, cleaning or packing the equipment.

7. Property

The Hirer acknowledges that the owner 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 owner in relation to any action of trespass or any other action or claim against the owner in the course of the owner exercising its right to inspect the equipment.

8. Loss of or Damage to Equipment

If on the return of the equipment to the owner the equipment is found by the owner to be in an unclean condition or not in a substantial working order, the Hirer shall pay to the owner the cost and expenses of restoring the equipment to a clean condition and good working order. Hire items that include linen that are returned with burns, holes, rips and staple marks will be charged at full replacement cost. if linen is returned unclean with stains including but not limited to candle wax, mould, rust, graffiti or heavy food beverage stains that are unable to be restored to a clean condition by ordinary laundering procedures, are required to have expert cleaning, then that cost will be charged to the Hirer at the appropriate rate. The Hirer accepts full responsibility to compensate the owner for the value of the equipment or parts thereof which may be lost or stolen from the time of commencement of the hire or delivery, whichever is earlier, until the equipment is returned to the owner’s premises or collected by the owner. This right shall not be prejudiced by or prejudice any other right under these terms. The owner’s staff is not required to be held liable for any breakages or missing items unless expressly evidenced, and agreed, between the owner and the Hirer.

9. 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, death, loss of income or damage caused to the Hirer or its property arising directly or indirectly out of the hire or use of the equipment by the Hirer or these terms.

10. 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 Owner’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

11. Insurance

The Hirer must 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;

(b) for liability, property and casualty insurance cover in amounts necessary to fully protect the owner and its equipment against all claims, loss or damage whatsoever.

12. Set-up, Delivery and Removal of the Equipment

The owner is not responsible for the set-up of the equipment, unless otherwise expressly stated, and agreed in writing between the owner and the Hirer. (This excludes dining tables, walls & bars – as they will be placed in position upon delivery). The Hirer is to notify the Owner of any stairs, lifts or obstacles that could hinder delivery/collection prior to the event date, and an additional fee may apply.

13. Removal

The Hirer must not remove the equipment from the delivery site, without the written consent of the owner, except for the purpose of returning the goods to the owner’s premises.

14. Force Majeure

If the owner 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 owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the owner 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 owner 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.

15. Acceptance of Terms and Conditions

The Hirer hereby unconditionally accepts these terms and acknowledges that its acceptance is a condition precedent to taking possession of the equipment from the owner

16. 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.

17. 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.