CELEBRATING – HIRE TERMS AND CONDITIONS

INTERPRETATION

In this agreement: ‘Celebrating’ means Celebrating Pty Ltd ACN 104 954 501 and its employees, subcontractors and agents; ‘Delayed Delivery Fee’ means $45.00 inclusive of GST per half hour from Monday to Friday or $65.00 plus GST per half hour on weekends and public holidays; ‘Goods’ means the goods described in any quote or tax invoice; ‘Goods Accepted Receipt’ means the document titled ‘Goods Accepted Receipt’; ‘Goods Not Accepted Receipt’ means the document titled ‘Goods Not Accepted Receipt’; ‘Goods Returned Receipt’ means the document titled ‘Goods Returned Receipt’; ‘Hire Charge’ means all charges specified in any quote or tax invoice issued prior to the delivery of the Goods; ‘Hire Period’ means the period beginning and ending on the dates specified in any quote or tax invoice or such period as may be extended by Celebrating at its sole discretion; and ‘Location’ means the address at which you and Celebrating have agreed, in writing, that the Goods may be used or kept. 2. HIRE OF GOODS- Celebrating agrees to hire the Goods to you for the Hire Period and you agree to take the Goods on hire on the terms and
conditions set out herein. You agree that you will only use the Goods during the Hire Period.

HIRE OF GOODS

Celebrating agrees to hire the Goods to you for the Hire Period and you agree to take the Goods on hire on the terms and conditions set out herein. You agree that you will only use the Goods during the Hire Period.

PAYMENT FOR HIRE

You:

• agree to pay the full amount of the Hire Charge prior to delivery of the Goods to you.
• agree to pay, party accessories within 7 days of being so invoiced, any additional charges which arise because the Hire Period is extended. These additional charges will be calculated at the same rate as the hire charge stipulated in any quote or tax invoice relating to the respective Goods.
• agree to pay, within 7 days of being so invoiced, any additional charges which arise because of your failure to make the Goods available for pick up at the end of the Hire Period. These additional charges will be calculated at the same rate as the hire charge stipulated in any quote or tax invoice relating to the respective Goods plus a surcharge of 25% of the total amount.
• agree to pay, within 7 days of being so invoiced, any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority in connection with the hiring of the Goods by you.
• authorise Celebrating to complete any documents necessary to enable you to make any payments through any credit card, or EFTPOS terminal.

CANCELLATION OR EARLY RETURN

If you cancel your order:

• at any time after the delivery of the Goods to the Location or if you return (or are caused to return) the Goods to Celebrating prior to the expiry of the Hire Period, you shall be liable to pay in full, all amounts payable under this agreement;
• within the period of seven (7) days before the commencement of the Hire Period, you agree that you shall be liable to pay 50% of the Hire Charge;
• more than seven (7) days prior to the commencement of the Hire Period, you shall be liable to pay to Celebrating 20% of the Hire Charge.

You warrant that:

• all information provided by you is correct in every respect and is not misleading in anyway including, without limitation, by omission;
• you are not in the process of winding up or bankruptcy. In this clause, winding up and bankruptcy includes bankruptcy, winding up, liquidation, dissolution, and becoming an insolvent under administration (as defined in s 9 of the Corporations Act 2001) and to the circumstances and events giving rise to or constituting such condition or matters;
• in selecting the Goods you have not relied on Celebrating’s skill and judgment or on any representations made by or on behalf of Celebrating and agree that the Goods comply with their description, are in merchantable condition and are fit for your purpose.

YOUR OBLIGATIONS

You must:

• ensure that the Location is immediately accessible to Celebrating for the purpose of delivering and picking up of the Goods. The Location is considered to be immediately accessible where a loading zone or free parking is available within a 30 metre radius of the Location and the time taken to deliver or pick up the Goods (from arrival at the Location including parking time until departure from the Location) is less than 30 minutes.
• pay the Delayed Delivery Fee if the Location is not immediately accessible:
• prior to accepting the Goods, inspect the Goods and satisfy yourself that the Goods are in proper working order and condition and in good and substantial repair and capable of being operated fully and efficiently for their purpose, and to the capacity, for which the Goods are intended, and you agree that:
  • If you are so satisfied, you will sign the Goods Accepted Receipt;
  • If not so satisfied, you will reject the Goods or those parts of the Goods with which you are not so satisfied with and complete and sign the Goods Not Accepted Receipt;
  • If you are not present at the time of delivery of the Goods or if you request that delivery take place in your absence, then you accept the Goods as being in a state required by this clause.
• keep and maintain the Goods in the same working order, condition and state of repair as you received them as acknowledged by you in the Goods Accepted Receipt. Otherwise, you must:
  • immediately report any damage to, or loss of, the Goods to Celebrating;
  • compensate Celebrating for any loss of or damage to the Goods (however occasioned); and
  • compensate Celebrating for the cost of repairing and replacing the Goods lost or damaged.
• after using and immediately prior to returning the Goods to Celebrating, ensure that the Goods have been cleaned and sterilised and brought back to the same working order, condition and state of repair as you received them as acknowledged by you in the Goods Accepted Receipt. Where the Goods are returned in a state other than that required by this clause, you must:
  • compensate Celebrating for the cost of cleaning and sterilising the Goods; and
  • compensate Celebrating for the costs of cleaning and sterilising the Goods with such costs to be determined solely by Celebrating.
• make the Goods ready and available for inspection by Celebrating at the end of the Hire Period at which point, Celebrating will inspect the Goods and issue to you a signed Goods Returned Receipt confirming collection of the Goods AND where applicable, any breaches of subclause (d) and (e)
• not use the Goods for any illegal purpose and agree to use, operate and possess the Goods at your own risk and therefore shall not hold Celebrating responsible or liable for any loss, injury or damage occasioned to any person or property during the Hire Period or arising out of your use of the Goods. Further, to the full extent permitted by law you release, discharge and indemnify Celebrating, its agents and employees from:
  • all claims and demands on Celebrating; and
  • any loss or damage whatsoever and whenever caused by way of: death or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from or incidental to a breakdown of, or defect in, the Goods or any accident to or involving the Goods or their use, operation, repair, maintenance or storage (whether occasioned by the negligence of Celebrating or otherwise) or which may otherwise be suffered or sustained in, upon or near the Goods.
  • be liable for any breach of this agreement committed by your servants or agents and indemnify Celebrating for any loss (including legal costs) incurred by you in relation to any breach of this agreement and for any liability arising out of any such breach. on demand, reimburse Celebrating for all costs, charges, expenses, fees, disbursements (including all reasonable legal costs on a solicitor and own client basis) paid or incurred by Celebrating of or incidental to:any breach, default or repudiation of this agreement by you (including the fees of all professional consultants properly incurred by Celebrating in consequence of, or in connection with, any such breach, default or repudiation); and the exercise or attempted exercise of any right, power, privilege, authority or remedy of Celebrating under or by virtue of this agreement, including all amounts incurred in repossessing the Goods from you under the terms of this agreement and in enforcing this agreement generally.

REPOSSESSION

Celebrating may reclaim possession of the Goods if you breach any provision of this agreement.

TITLE IN THE GOODS

You acknowledge that Celebrating retains title to the Goods and that you have rights to possess the Goods as a mere bailee only. You do not have any right to pledge Celebrating’s credit in connection with the Goods and agree not to do so. You also agree not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let, on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.

NO WAIVER

Time is of the essence of this agreement, except that no delay by Celebrating in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.

GOVERNING LAW

This agreement will be governed by the laws of New South Wales.