Terms of service

1. Definitions

  • Equipment: Items hired out by Eastern Party & Event Hire (the Owner) to the Hirer.

  • Hirer: Any person or entity requesting to hire Equipment from the Owner, including employees and agents of that person or entity.

  • Owner: Eastern Party & Event Hire (ABN 21687931688), its employees, and agents.

  • Terms: These terms and conditions.

 

 

2. Payment Terms

  • The Hirer agrees to pay all hire charges and additional costs (e.g., loss, damage, repairs, GST, duties, or other taxes) as specified by the Owner.

  • Unless otherwise stated in writing, all charges, including taxes, must be paid before Equipment delivery.

  • The Hirer must provide credit card details (number, expiry date, etc.) for payments, which may be debited prior to delivery or within seven days of an invoice for additional charges.

  • The Hirer is responsible for legal fees or expenses incurred by the Owner due to a breach of these Terms.

 

 

3. Hire Agreement

  • The Owner agrees to hire Equipment under these Terms. If there’s any conflict between these Terms and other booking terms, these Terms will take precedence.

 

 

4. Termination of Hire

  • By the Owner:

    • The hire ends at the earlier of the hire period's expiry or the Hirer’s breach of these Terms. The Owner may terminate without liability to the Hirer.

  • Post-Termination:

    • Upon termination, the Owner can immediately reclaim the Equipment. The Hirer authorises the Owner to enter any premises to recover it.

    • If the Equipment is not ready for collection, the Hirer must pay an additional daily hire fee equal to 100% of the daily rate.

 

 






5. Hirer’s Obligations

The Hirer must:

  • Accept full responsibility for the Equipment from delivery until return or collection.

  • Use the Equipment safely, appropriately, and only for its intended purpose.

  • Follow all written instructions provided.

  • Ensure Equipment is accessible for collection at the agreed time and location.

  • Not move, sub-hire, or transfer possession of the Equipment without written permission.

 

 

6. Owner’s Property

  • The Equipment always remains the property of the Owner.

  • The Hirer’s interest is limited to being a bailee, and they acquire no ownership rights.

  • The Owner may inspect the Equipment at any time, with or without notice.

 

 

7. Loss or Damage

  • The Hirer must immediately notify the Owner of any loss, breakdown, or damage to the Equipment.

  • If the Equipment is damaged due to negligence, misuse, or breach of these Terms, the Hirer is liable for:

    • Repair or replacement costs.

    • Hire charges during repair or replacement.

    • Any other associated costs or losses.

 

 

8. Release and Indemnity

The Hirer releases and indemnifies the Owner against all third-party claims, damages, or injuries arising from the use or hire of the Equipment or breaches of these Terms.

 

 

9. Damage Waiver

  • The Hirer may pay a damage waiver covering accidental damage up to 10% of the hire fee for a specific item.

  • This waiver does not cover damage from misuse, overloading, or loss of the Equipment.

 

 

10. Insurance

The Hirer must maintain insurance to cover:

  • Theft or damage to Equipment at full replacement cost.

  • Liability for property damage or personal injury.

 

 

11. Limitation of Liability

The Owner’s liability is limited to:

  • Replacing or repairing the Equipment, or

  • Covering the cost of replacement or repair.
     All implied warranties are excluded to the fullest extent permitted by law.

 

 

12. Security Interest

  • The Owner retains a security interest in the Equipment under the Personal Property Securities Act 2009 (Cth).

  • The Hirer agrees to assist the Owner in maintaining this security interest.

 

 

13. Force Majeure

  • The Owner is not liable for delays or failure to perform due to causes beyond their control, such as natural disasters, strikes, or civil unrest.

 

 

14. Credit Reporting

The Hirer authorises the Owner to:

  • Obtain and share credit information as permitted under the Privacy Act 1988.

  • Use this information to assess creditworthiness and prevent defaults.

 

 

15. Governing Law

These Terms are governed by the laws of Victoria, Australia. And both the Owner and the Hirer submit to the jurisdiction of the courts

 

 

16. Security Charge

The Hirer agrees to secure any outstanding payments by granting the Owner an interest in their land or assets as collateral.

 

 

17. Miscellaneous

  • If any part of these Terms is found unenforceable, the rest remain valid.

  • Failure by the Owner to enforce any part of these Terms does not waive their rights to do so later.

 

 

SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@easternpartyhire.com
Our contact information is posted below:
EASTERN PARTY & EVENT HIRE
info@easternpartyhire.com
0491107809