Terms & Conditions
Terms and Conditions of Hire
Maisey Collections (Maisey Event Hire) – ABN 88 613 375 901
Definitions
(a) The “Owner” is Maisey Collections (Maisey Event Hire)
(b) The “Hirer” refers to the person, firm or corporation hiring equipment from the Owner
(c) The “Equipment” and the “Items” means all the equipment and accessories supplied to the Hirer
(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 2 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) payment is required by credit card or a $200 bond will be applied and is payable with the final 75% amount; and
(b) the final 75% at 14 days prior to date of delivery.
(c) custom builds require a 50% non-refundable deposit prior to build commencement
(d) 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 that was used for the deposit payment or deduct from the allocated bond any subsequent loss, damage, repairs or other expenses with the amount shown on the relevant invoice or outlined in section 8. Cash bonds and/or refunds relating to amendments of contracts made prior to 14 days from the delivery/collection minus any subsequent expenses, will be refunded by direct deposit to the provided account within seven days after the return date of the hire items.
The 75% can be paid either by Direct Debit or Credit Card. If Hirer chooses to pay the final balance by credit card any merchant fees will apply on top of the hire amount as outlined on merchant website.
Deposit payments are non refundable
6. 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) bookings cancelled within 14 days of the delivery date will forfeit 100% of the total hire fees.
(b) Reductions to the order can be made up until 14 days prior to the hire date. A maximum reduction of 15% of the total value of the order will be accepted and a 15% maximum reduction of chair numbers will be accepted. Any alterations in the selected hire products above 4 adjustments will be charged an administration fee of $8 per adjustment beyond the 4th revision.
(c) The hire order must stay above the minimum spend of $750 excluding delivery & collection or $2500 for south west bookings excluding delivery & collection.
Changes requested less than 14 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 are returned with burns, holes & rips will be charged at full replacement cost. If items are 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 professional 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.
Damage Fee Outlines if Required
(i) Maximum Professional Cleaning Fees: $70 per rug/runner, $110 per lounge, $90 per armchair.
(ii) Maximum Replacement Cost: 4x the item hire price
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. Insurance
The Hirer must maintain at its own expense all appropriate policies of insurance where applicable:
(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.
11. Set-up and Removal of the Equipment
(a) The owner is not responsible for the set-up of the equipment, unless otherwise expressly stated on the invoice and agreed in writing between the owner and the Hirer.
(b) Wet Weather
(i) Maisey Event Hire must be informed of the wet weather option for a ceremony 7 days prior to the hire date. If the alternative involves extra staff, time travel or expenses the Hirer is responsible for the additional fees.
(ii) The final call on wet weather must be made by 9am on the day of the wedding. If Maisey Event Hire does not hear from the Hirer, Maisey Event Hire will set up where originally requested unless strong wind or heavy rain prevents Maisey Event Hire from doing so.
(iii) Maisey Event Hire has the right to refuse to set up hire equipment without notification if severe weather conditions are deemed detrimental to those items or dangerous to the guests and public. If weather prevents Maisey Event Hire from setting up items or if the Hirer’s wet weather alternative mean the equipment is no longer required, no money will be refunded.
12. 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.
13. 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.
14. 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
15. Miscellaneous
(a) The hirer agrees to ensure that any site specified on the hire agreement, will be clear of all obstructions to allow the Owner to erect, install or place the hire equipment safely.
(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.
16. 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.