Terms & Conditions
- Definitions
- Conditions
- Obligations of the Company
- attend the Event Location prior to the Event Date to set up the Equipment in accordance with the Client Booking Form; and
- attend the Event Location after the Event Date to pack up, dismantle and collect the Equipment in accordance with the Client Booking Form.
- Obligations of the Hirer
- Pay a deposit of 30% of the total hire cost under the Client Booking Form at the time of returning the Client Booking Form and to secure their booking.
- Pay the balance due in accordance with the Client Booking Form (or an amended amount as agreed subsequently between the Company and the Hirer) at least one (1) month prior to the Event Date, or otherwise in accordance with the payment terms set out in any invoice provided to the Hirer by the Company.
- Provide a plan of the Event Location sufficiently detailing the required position of all Equipment hired by the Hirer and to be set up by the Company. The plan must include an accurate description of all underground services and any other apparent obstacles. If a detailed plan identifying underground services and obstacles is not provided by the Hirer prior to the date that the Company is required to attend the Event Location to set up the Equipment, then the Hirer must ensure that a representative of either the Hirer, or the Event Location, is available and on-site when the setup is to be undertaken by the Company to provide instructions in relation to such underground services and/or obstacles. The Company will not be liable for any damage caused to property at the Event Location resulting from incorrect, inaccurate or unclear plans or instructions provided by the Hirer.
- Ensure that security personnel are engaged to ensure the safety and security of all Equipment during the Rental Period, including overnight where the Equipment is to be placed on or adjacent to public property.
- In the event that the Equipment requires power, the Hirer is responsible for ensuring that there is a power supply available within at least 15 meters of the Equipment, unless otherwise stated.
- The Hirer is liable for obtaining any licenses or permits required by any appropriate authority to use the Equipment at the Event Location and must ensure that appropriate licenses and permits are applied for and obtained from any relevant authority including but not limited to local councils, planning authorities, district surveyors, fire brigade, police of any similar authority or organisation prior to the commencement of the Hire Period. The Hirer must make their own enquiries in relation to the permits and licences required to be obtained for such purpose.
- Notify the Company of any licence requirements at least 28 days prior to the Event Date so that the Company can assess the requirements and advise the Hirer as to whether the Company and the Equipment will be able to comply with such requirements.
- Not to enter the Equipment, or otherwise touch or interact with the Equipment until it has been notified by the Company that it is fully erected, and then not to enter the Equipment, or otherwise touch or interact with the Equipment once the Company has commenced dismantling the Equipment.
- Ensure that the Equipment is kept completely closed and secure when not in use by the Hirer.
- Obtain the Company’s express written consent prior to undertaking any activities within or within close proximity to the Equipment which involve cooking, heating, lighting electrical or gas appliances, or any other activity involving heating equipment.
- Obtain the Company’s express written consent prior to using any candles, fire or other naked flame within or within close proximity to the Equipment.
- Obtain the Company’s express written consent prior to tampering with any part of the Equipment.
- Obtain the Company’s express written consent prior to affixing or suspending anything whatsoever from the Equipment.
- Ensure that no smoking is permitted in or in close proximity to the Equipment.
- To contact the Company immediately in the event that it notices any unsecured parts of the Equipment including but not limited to; stakes, straps, canvas, walls, guy ropes.
- Obtain appropriate policies of insurance and maintain such policies at their own expense, noting the Company as an interested party, for a minimum:
- Theft and damage to the Equipment in an amount no less than the full replacement cost of the Equipment;
- Liability, property, and casualty insurance coverage in amounts necessary to fully protect the Company and its Equipment against all claims, loss, or damage.
- To immediately cease use of the Equipment if it breaks down or becomes unsafe and must take all necessary and appropriate steps to prevent the Equipment suffering any further damage and to prevent injuries to persons and property because of the Equipment.
- Hirer’s Acknowledgements and warranties
- The Hirer hires the Equipment at their own risk and bears the full responsibility for the Equipment for the Hire Period.
- Failure to comply with the Hirer’s obligations under 4c above may result in the Company erecting the Equipment in a location at the Event Location which the Company deems fit. The Hirer will be liable for any damage to the Event Location resulting from such placement in the absence of clear plans and instructions from the Hirer.
- The Hirer is responsible for all costs associated with compliance with its obligations in 4.
- Any costs associated with the Hirer’s failure to comply with any of the obligations described in 4 above, or otherwise resulting from the Hirer’s use of the equipment or during the Rental Period, are the responsibility of the Hirer. The Hirer indemnifies the Company in relation to any costs and expenses incurred by the Company as a result of the Hirer’s failure to comply with the obligations in 4 or any other action undertaken by the Hirer which may result in additional unanticipated costs or expenses to the Company whatsoever, including costs associated with unanticipated delays.
- The Company may, in its complete discretion, refuse to offer any express written consent in relation to the matters described in 4 j, k, l, or m.
- In the event that the Company determines that it will not be able to comply with any licence requirements notified by the Hirer as required in 4g, the Company will notify the Hirer and any agreement between the Hirer and the Company will be terminated, all amounts paid by the Hirer will be refunded to the Hirer in full and neither party will have any further claims against the other.
- It is responsible for insuring all Equipment and ensuring appropriate and responsible use of the Equipment for the duration of the Rental Period and any period that the Equipment remains in the Hirer’s control or possession prior to collection by the Company.
- The Company will not be liable for any loss, damage or failure to supply any Third Party Equipment and the Hirer indemnifies the Company in relation to all loss, damage or failure to supply Third Party Equipment.
- The Company will not be liable for any loss or damage to the Hirer's property or equipment unless such loss or damage results from the Company's gross negligence.
- The Company may use photographs and other images, such as video images, of the Hirer's event for marketing and promotional material such as brochures, flyers, social media, websites, manuals, newsletters, or other media. Unless specifically requested otherwise, the Company may use the Hirer's name/s or other intellectual property in promotional materials or any other marketing items listed above without further approval from the Hirer.
- It will not repair or attempt to repair the Equipment without the express written consent of the Company.
- If the Hirer chooses to change the Event Date after the deposit has been paid, the Hirer may be charged up to 10% of their invoiced amount as a postponement fee. This fee amount is up to the discretion of the Company.
- Variations
- The costs that are changed assume that the Hirer provides a level and firm turfed site (or similar material that can absorb rainwater and is not impervious to stakes). This site must be serviced by a firm access road adjacent to the site that has hard standing that is adequate for commercial vehicles and is free from trees, flooding, and overhead obstructions. If this is not the case or if the Hirer decides to change the site and extra costs are incurred through an increase of labour or any other factor, the Hirer will be liable for any additional costs associated with such increase of labour or other factors in accordance with the Company’s Price List and Labour Hire Rates.
- The Company will use all reasonable efforts to supply the Hirer with the Equipment required pursuant to the Client Booking Form. In the event that it is not possible for the Company to provide the Equipment as requested in the Client Booking Form, the Company will notify the Hirer as soon as possible with any changes to the specifications or design of the replacement Equipment. The Hirer will be entitled to terminate any agreement with the Company and have its deposit and any other monies paid to the Company pursuant to its agreement with the Company refunded to it in the event that the replacement Equipment is fundamentally different to the Equipment indicated in the Client Booking Form.
- The Hirer agrees to pay any additional expenses incurred by the Company in accordance with these Terms, or resulting from any loss or damage resulting to the Equipment during the Rental Period (except where such loss or damage results from the Company's own negligence), upon invoice issued by the Company. In the event that the Hirer fails to pay any amounts in accordance with the Company's payment terms as specified in any invoice provided by the Company, the Company may recover such amounts from the Hirer as a debt and the Hirer will be liable for all costs incurred by the Company in recovering such amounts, including any associated legal costs, on a full indemnity basis. The Company may charge interest on overdue amounts in accordance with the terms set out in any invoice provided by the Company.
- Cancellation
- Either party may terminate this agreement within the Cooling Off Period and all monies paid by the Hirer during that period will be refunded to the Hirer in full.
- After the Cooling Off Period has expired, the Hirer will forfeit the deposit to the Company in consideration for the Company’s administrative and other costs.
- In the event that the Hirer terminates their agreement with the Company after the Cooling Off Period has expired, then in addition to retaining the deposit, the Company may also retain, from any additional monies paid by the Hirer to the Company, or invoice the Hirer for, any additional costs incurred by the Company resulting from the Hirer’s order and subsequent termination.
- Hire
- The Company agrees to comply with these Terms and any additional terms contained in the Client Booking Form. If there is any inconsistency between these Terms and the Client Booking Form as accepted by both parties, then the terms of the Client Booking Form will prevail to the extent of the inconsistency.
- The Hirer must satisfy itself of the Equipment prior to the Event Date and must notify the Company of any miscounts, incorrect deliveries, or unacceptable Equipment prior to the Event Date. The Company will use best endeavours to rectify any miscounts, incorrect deliveries, or unacceptable Equipment prior to the Event Date. Company will not be able to offer any rectification or compensation for miscounts, incorrect deliveries, or unacceptable equipment notified to the Company after the Event Date.
- The fees payable by the Hirer pursuant to the Hirer’s Agreement with the Company do not include the cost for making repairs to the Event Location caused by the set up or removal of the Equipment unless such damage is caused by the gross negligence of the Company.
- Property
- Third party Liability
- Force Majeure
‘Client Booking Form’ means the form issued by the Company detailing the specific hired items and the set up and delivery dates and times as requested and accepted by the Hirer.
‘Company’ means The Tipi Hire Co Pty Ltd, its employees and agents.
‘Company’s Price List’ means the price list accompanying the Client Booking Form and incorporated into the Company’s agreement with the Hirer upon return of the Client Booking Form.
‘Cooling Off Period’ means seven (7) days from receipt by the Company of the Client Booking Form.
‘Equipment’ means items that a hired out by the Company to the Hirer in accordance with these Terms.
‘Event Date’ means the date specified as such in the Client Booking Form.
‘Event Location’ means the location specified as such in the Client Booking Form.
‘Hirer’ means any person who requests to hire Equipment from the Company and includes any employees and agents of that person.
‘Hourly Labour Hire Rates’ means the actual labour hire rates incurred by the Company.
‘Rental Period’ means the period between the date that the Company is required to set-up the Equipment at the Event Location until the Company has collected all Equipment from the Event Location.
‘Terms’ means these Terms and Conditions.
‘Third-Party Equipment’ is equipment owned, maintained, and supplied by a third-party supplier and which shall not be the responsibility of the Company.
All orders to hire Equipment from the Company are subject to these Terms unless otherwise agreed in writing. By returning the Client Booking Form and paying the deposit, the Hirer is deemed to have accepted these Terms.
The Company undertakes to:
The Hirer undertakes to:
The Hirer must provide the Company with a copy of the certificate of currency of insurance to cover the Rental Period and any other period that the Hirer has possession of the Equipment.
The Hirer acknowledges and warrants that:
The Equipment remains the property of the Company at all times and the Hirer does not acquire any title to the Equipment during the Rental Period or at any other time. The Hirer’s interest in the Equipment is as bailee of the Company. The Company may inspect the Equipment at any time during the Rental Period or that the Equipment is in the Hirer’s possession. The Hirer must cooperate and assist the Company to inspect the Equipment during the Rental Period or any other period that the Equipment is in the Hirer’s possession. The Hirer indemnifies the Company in relation to any claims from owners of Event Locations for trespass or any other action where the Hirer has provided the Company with access, or advised the Company that they may access that property.
The Hirer indemnifies the Company, and the Company will not be responsible for any and all claims relating to the injury to persons loss, or damage to property regardless of the cause unless and then only to the extent, that such injury or damage was caused by faulty material, workmanship, or negligence on the party of the Company.
If the Company is at any time unable to perform any of its obligations, wholly or partly by reason of any cause beyond its control (including without limitation; inclement weather, fires, lockouts, strikes, riots, civil commotion or unrest, acts of God, interference by civil or military authorities or act of war) the Company may give written notice to that effect to the Hirer, giving them full particulars of such force majeure in which case the obligations of the Company 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 Company will not be liable for any loss of damage suffered by the Hirer resulting from any delays caused by such force majeure events.