Terms and Conditions
1. DEFINITIONS
(a) “CFH” is INAC Pty Ltd trading as Complete Function Hire ABN 92 079 178 500, its employees and agents.
(b) “Hirer” refers to the person or entity hiring equipment from CFH.
(c) “Equipment” means the items hired by CFH to the Hirer.
(d) “Contract” means the form specifying the Equipment to be hired and includes these Terms & Conditions.
(e) “Invoice” means the form specifying the Equipment to be hired and the Hire Charge.
2. CONDITIONS OF HIRE
(a) The hiring of the equipment will commence from the commencement date being the earlier of the hire date specified in the Contract or the Invoice and continue for the term specified or until terminated pursuant to these terms.
(b) The Hirer is entitled to use the Equipment for the hire period and any agreed extension thereof.
(c) The Hirer shall not remove the Equipment or any part thereof from the situation and position of its delivery and / or installation without CFH’s consent.
(d) The Hirer acknowledges the receipt of adequate instruction on the correct use of the Equipment.
(e) The Hirer acknowledges responsibility for the equipment from the time of its delivery until collection by or return to CFH.
3. PAYMENT
(a) The hirer agrees to pay CFH the hire fee and the damage waiver fee specified for the equipment for the hire period including any applicable GST, stamp duties, penalties, levies or freight and other charges relevant to this agreement (‘Hire Charge”).
(b) Unless otherwise agreed the Hire Charge must be paid to CFH as to a deposit of 30% upon booking and the balance 48 hours prior to the commencement date of the hire period unless otherwise agreed.
(c) Equipment not returned on time and in accordance with this agreement will be subject to a further charge calculated in accordance with the provisions of clause 3(c).
(d) All orders placed less than 7 days from delivery require full payment to confirm the booking.
(e) All prices on CFH website are in Australian Dollars (AUD).
(f) All custom built or special purchase equipment requires full payment upon booking in order to commence manufacture or buying process.
(g) Subsequent charges for loss, damage, repairs or other expenses are to be paid within seven days of the further invoice.
(h) The Hirer agrees to pay any expenses incurred or loss suffered by CFH as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by the CFH, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise.
(i) The Hirer acknowledges and agrees that the CFH may pay a rebate commission or other financial benefit to event organizers or like suppliers in connection with the hiring of the Equipment to the Hirer.
(j) The Hirer agrees to provide CFH with the Hirer’s credit card number, expiry date and any other information which may be necessary to debit the Hirer’s credit card prior to delivery of the Equipment.
4. TERMINATION
CFH may terminate the hire at any time. The Hirer shall have no claims for such termination. The Hirer may terminate the hire of the Equipment by:
(a) Returning the Equipment to CFH during normal working hours; or notifying CFH that the Equipment is ready for collection, provided that the Hirer keeps the Equipment safe until collection. Upon termination of hire, CFH is entitled to take possession of the Equipment immediately and for this purpose the Hirer irrevocably appoints CFH as his agent and authorizes the CFH to:
(i) Enter upon any land or premises upon which the Equipment is situated or where CFH has any reason to believe that the Equipment may be situated;
(ii) Remove the Equipment whether or not it is affixed to the land or premises, connected to property or Equipment not owned by CFH, in use by the Hirer or any other person or containing property not owned by CFH.
(b) If the Equipment is not finally returned or ready for pick-up by CFH at the expiration or termination of the hire period the Hirer shall pay an additional charge of 100% the daily rate for every additional day or part thereof that the Equipment is retained by the Hirer unless otherwise specified by CFH.
5. CANCELLATION
The Hirer may cancel an order but may forfeit any hire fees paid as follows:
(a) If booking is cancelled 4 weeks before the event date, CFH will make a full refund of any hire fees paid minus the 30% deposit paid;
(b) Bookings cancelled or item quantities reduced from between one and three weeks before the event date will forfeit between 50% and 100%of the total hire fee depending on the time of year and the final determination of the forfeited sum will be at the complete discretion of CFH;
(c) Bookings cancelled or item quantities reduced within 7 days of the event date will forfeit 100% of the total hire fee.
6. DELIVERY & COLLECTION
(a) The goods shall be returned in a reasonably clean, but not necessarily sterile sate or a cleaning fee may apply.
(b) The Hirer must allow any CFH representative access to the goods at all reasonable times.
(c) The Hirer must provide safe and proper access to and at the event site.
(d) The Hirer is liable for all injury, loss or damage suffered by CFH, its employees or agents while at the event site.
(e) Prices quoted are for delivery on street level. Extra charges may be payable for delivery to and removal from higher or lower levels.
7. DAMAGE
(a) The Hirer is responsible for the equipment from the time of delivery until collection by CFH and shall pay for all equipment damage or loss however caused during that period. Damage waiver is payable by the Hirer to cover all costs associated with normal wear and tear to the equipment hired, the waiver does not apply to any other damage including:
(i) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of equipment;
(ii) damage due to the disappearance of any equipment;
(iii) damage caused by the use or operation of equipment in contravention of any of the conditions of the agreement;
(iv) Damage to, or loss of, the equipment from any unknown cause.
(b) The Hirer shall protect the equipment from the elements during the time of delivery, use, storage or waiting period before pick-up.
(c) Any person signing the documents for and on behalf of the Hirer hereby covenants with CFH that he or she has the authority of the Hirer to make this agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to this agreement and hereby indemnifies CFH against all losses and costs incurred by CFH arising out of the person signing this agreement failing to have such power and/or authority.
(d) Where the Hirer is more than one-person liability shall be joint and several.
(e) By making a booking through confirming a quote via signature, deposit payment or remittance of funds, the Hirer acknowledges and agrees to CFH’s Terms and Conditions.
(f) In the case of the equipment being damaged, the Hirer may have the opportunity to purchase the damaged equipment.
8. PROPERTY
The Hirer acknowledges that CFH 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 CFH in relation to any action in trespass or any other action or claim against CFH in the course of CFH exercising its right to inspect the Equipment. The Hirer acknowledges that all property in and title to the Equipment at all times remains with CFH, the Hirer does not acquire any property in or title to the Equipment and the Hirer’s interest in the Equipment is as bailee of CFH only.
9. INSURANCE
The Hirer will 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 coverage in amounts necessary to fully protect CFH and its Equipment against all claims, loss or damage whatsoever.
10. FORCE MAJEURE
For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither CFH nor the Hirer will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. CFH may give written notice to the Hirer, giving full particulars of such Force Majeure.
CFH shall not be liable for any indirect or consequential losses or expenses suffered by the Hirer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Hirer as a result of any delays caused by such Force Majeure events.
11. RELEASE & INDEMNITY
The Hirer hereby releases CFH from and agrees to indemnify CFH in respect of any third-party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or these Terms.
12. MISCELLANEOUS
(a) The hirer agrees to ensure that any site specified on the hire agreement, will be clear of all obstructions to allow CFH to erect, install or place the hire equipment safely.
(b) 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 the Owner may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms.
(c) These terms and conditions are governed by the Laws of Victoria and the Hirer and CFH submit to the jurisdiction of the courts of the State.
Rev 01/19