Olympic Party Hire

Terms and Conditions

1. DEFINITIONS

1.1 For the purposes of these terms and conditions the hirer of the Equipment shall be referred to as the “Client” and Olympic Party Hire, the Owner and supplier of the Equipment shall be referred to as the “Owner”. “Equipment” means all items that are hired and collected by the Client or delivered by the Owner to the Client whether the items have been paid for or not. The Equipment shall always remain the property of the Owner whilst on hire.

2. DISCLAIMER

2.1 The Client accepts full responsibility for the use and or operation of the hire Equipment and hereby agrees to release and fully indemnify the Owner against any third-party claims, actions, demands, suits, costs and expenses for damage or injury or death to person or persons or property arising directly or indirectly out of the hire or use of the Equipment by the Client or persons associated with the Client.

3. GENERAL OBLIGATIONS

3.1 The Client accepts full responsibility for the correct use and or operation of the hired Equipment. The Client agrees not to modify or permanently attach anything to the Equipment for their own purposes whilst on hire and shall return the Equipment in the same condition as he or she received it. All Equipment or part thereof and associated packaging (including boxes, crates, tubs, bags, and containers) that are lost, damaged, broken or stolen whilst on hire will be charged to the client at full present day replacement value.

3.1.1 Once the Owner has delivered the Equipment or the Client has collected the Equipment, it is the responsibility of the Client to handle and operate the Equipment in a proper, safe and careful manner and only for the purpose and capacity for which it was designed. If on the rare occasion the Equipment develops an electrical, mechanical or structural fault during the correct manner of use whilst on hire then it is the Clients responsibility, in the interest of safety, to shut down, switch off or cease to operate or handle the Equipment until it is made safe and the Owner is contacted or the Equipment is collected whereupon an assessment will be made of its condition.

4. COLLECTION OF EQUIPMENT

4.1 If the equipment is collected by the Client from the Owners warehouse location (63-65 South Road, Thebarton SA 5031), the Client is required to provide valid photo identification. If an individual is picking up the equipment on behalf of the Client, they are required to provide valid photo identification in place of the Client.

4.1.1 The Client accepts full responsibility to check that the correct items, colours, and quantities of Equipment are displayed on the invoice/collection docket and are thus provided to the Client.

4.1.2 The Client is required to sign a hirer’s agreement which includes reading, acknowledging, and accepting these terms & conditions

4.2 The Client accepts full responsibility to return all Equipment at the end of the hire period specified in the hire agreement. If the Client does not return Equipment at the end of this period, the charged amount will continue to accrue at the same hire rate as stated on the invoice (minus 50%), until the day on which the equipment is returned complete and undamaged with all the accessories.

4.2.1 If the Client requires the Owner to collect the items, a last-minute collection fee will be charged and must be paid for immediately.

5. DELIVERY OF EQUIPMENT

5.1 All deliveries are to be made at street level. Ground or floors must be clear and level and free of any barriers. No responsibility will be taken by the Owner or employees of the owner for any damage caused during delivery or placement of Equipment. An extra charge will be made for any deliveries outside of the aforementioned conditions.

5.1.1 If the Equipment is being delivered or collected by the Owner to or from the place of delivery or an agreed pick up location the Equipment must be readily accessible. If the Owner needs to return because they were unable to collect or deliver the Equipment at the agreed time and date then an extra delivery/collection fee will be incurred.

5.2 The Owner is not responsible for the set-up of the Equipment once it has been delivered unless an agreement in writing has been made between the Client and the Owner. The Client accepts full responsibility for the safety and security of the Equipment for the duration of the hire period except when a Security Person has been employed by the Client to keep watch over the Equipment during a designated time.

5.2.1 Any additional labour that is required for set-up or pack down of Equipment that has not been agreed to in writing between the Client and Owner, is subject to additional fees at the discretion of the Owner.

5.3 The Owner will not be liable for damage incurred to any hidden underground obstruction unless an exact location is marked by the Client.

5.3.1 If a marquee or structure or Equipment has been ordered for erection or delivered by the Client and in the course of constructing or delivering the temporary structure or Equipment, the vegetation or building or property owned by the Client is damaged then the Owner will take no responsibility for such damages and the Client releases the Owner of any liability or responsibility for the damage. All care is taken to minimize any damage to the Clients’ property however, unforeseen circumstances can occur beyond the Owners control during the course of attempting to complete the work for the Client (please refer to section 11.1 for more information regarding force majeure).

6. MARQUEES, PAVILIONS, PAGODAS & STRUCTURE

6.1 Please note, all marquees, pavilions, pagodas & structures are specified as temporary structures. If threatening weather occurs, we advise all occupants to evacuate for their own safety.

7. LINEN/GLASSWARE/CUTLERY AND CROCKERY CONDITIONS

7.1 Linen

7.1.1 Linen can be returned by the Client soiled but it must be dry.

7.1.2 The Owner shall not be liable for any slight mark, imperfection or creases that may be found when the linen is unpacked.

7.1.3 Any linen items returned with burns, tears, holes, staple marks or any other abnormalities will be charged to the Client at the full present day replacement cost.

7.2 Glassware

7.2.1 Glassware is to be returned in the designated carton, rinsed and standing upright in the box.

7.3 Cutlery

7.3.1 All cutlery is to be returned washed and free of any food. A fee of .20 cents per piece will be charged for unclean returns. All cutlery is sanitised on return.

7.4 Crockery

7.4.1 All crockery is to be returned washed and free of any food. Please place all crockery in the same container they were received. A fee of .20 cents per piece will be charged for unclean returns. All crockery is sanitised on return.

8. PROPERTY ACCESS TO HIRED EQUIPMENT

8.1 The Client acknowledges that all property in and title to the Equipment at all times remains with the Owner, the Client does not acquire any property in or title to the Equipment and the clients interest in the Equipment is as Bailee of the Owner only.

8.1.1 The Owner also reserves the right to terminate the Hire Contract at any given time and is entitled to take possession of the Equipment immediately. Equipment that has not been returned by the Client or access to collect Equipment at the end of the hire has been denied causes the Equipment to be deemed stolen the relevant authorities will be notified to facilitate in the retrieval of the Equipment.

9. DEPOSITS, PAYMENTS, CANCELLATIONS AND REFUNDS

9.1 Deposits

9.1.1 For events taking place before December 31 2021, deposits are only required on bookings over $2000. Events occuring after January 01 2022 return to the regular deposit requirements as follows:

9.1.2 All bookings that meet or exceed a value of $200.00 require a 30% non-refundable deposit within 14 days in order to secure the Equipment and the booking.

9.1.3 Please refer to section 9.3.1 for information regarding deposits in the event of Government restrictions in South Australia.

9.2 Payment Terms

9.2.1 The client agrees to pay the Owners hire charge at the rate specified listed or as agreed on the contract, from the commencement date of the hire until the Equipment is returned to the Owner or collected by the Owner or the Owners employees. Occasionally some items, as determined by the Owner, may be excluded from a weekend hire, and may be collected earlier or delivered later, at an agreed time.

9.2.2 Hire rates that are stated on the price list, contract or invoice are based on a weekend period, or part thereof and in any case for one event or function only within the weekend period. The Owner reserves the right to amend or revise its rates or prices without notice.

9.2.3 At the end of the hire period, the Owner may allow the Client to hold the Equipment for a longer period than was previously agreed - this is at the discretion of the Owner only.

9.2.4 Payment of Equipment can be in the form of bank transfer, EFTPOS, credit card, Amex and debit card, cash. Cash payments may only be made at the Owners warehouse location (63-65 South Road, Thebarton SA 5031) either on collection of goods (as per section) or 7 days before delivery is scheduled. Drivers are unable to take payments in any way. Cheques, in any form are not accepted. Payment for the hire of Equipment must be made prior to the function and may include a refundable bond, unless otherwise arranged with the Owner. Unless otherwise stated the payment of any outstanding balance for the Equipment hired, lost or damaged is strictly 7 days from the date of the invoice.

9.2.5 If full payment is not received and cleared prior to the scheduled delivery the Owner may withhold delivery and a further delivery cost may be incurred if rescheduled.

9.2.6 Quotes are valid for 30 days only, bookings confirmed after this time are subject to the Owners discretion. A quote does not guarantee the availability of the Equipment; this will be confirmed once a request for the booking has been received by the Owner.

9.3 Cancellations

9.3.1 If the Client is forced to cancel their event due to Government restrictions, the 30% deposit remains non-refundable, but will be transferred as a store credit note to the Client. The remaining balance paid over the required deposit amount may be refunded or turned into credit, at the clients request.

9.3.2 Unless otherwise stated, marquees, staging, all types of flooring, lighting and any sub hired Equipment cancelled less than 10 days before the delivery date (not the function date) of the Equipment mentioned above will be charged to the Client at the full hire rate as stated on the invoice, i.e. non-refundable bond, and shall be paid within 7 days of the cancellation. If no delivery date is specified, it is assumed delivery date is 2 days prior event date. Cancellations must in in writing to the Owner.

9.3.2.1 All other orders and equipment cancelled less than 5 working days before the hire date will be charged at full rate plus the transport costs, if applicable. Changes to the Clients order requested less than 48 hours before delivery or collection will be limited to additions only and will not be guaranteed. Additional delivery fees may be incurred.

9.4 Refunds and Bonds

9.4.1 The Owner, at their discretion, may require a refundable bond to be paid before the hire period commences. This bond will be refunded to the Client once all the Equipment is returned undamaged and in the same condition as it was received by the Client. Any damage or losses will incur a fee to the value of the full replacement cost of the Equipment. This cost will be added to the total cost of the hire contract or deducted from the refundable bond. If the refundable bond is not sufficient to cover the total of the additional charges, then the balance will be paid by the Client to the Owner.

9.4.2 Refunds to the client can take the form of a payment by the Owner, or a credit on the next Client Equipment hire, set at the discretion of the Owner.

10. DAMAGE WAIVER

10.1 The damage waiver (DW) is an optional product offered by the Owner that waives the Client’s financial responsibility for any damaged incurred to the Equipment hired, provided you have not violated the hire terms & conditions in other manner.

10.1.1 The DW is calculated as 7% of the total hire fee, excluding delivery/collection charges.

10.1.2 If any equipment is damaged during the hire period, the Client must still return the items to the Owner, otherwise they will be charged at full replacement cost.

10.2 The damage waiver does not cover the following items:

• More than 20 pieces of glassware or 5 pieces of crockery in total per order.

• The cost of any damage or loss due to theft or vandalism.

• Any items that have been sub-hired (pavilions, cool rooms, toilets etc.)

• Photobooths

• Audio equipment

11. PRIVACY & CONFIDENTIALITY

11.1 The security of your personal information is important to us. Information collected via telephone, email, on our website, or in person, is respected and used only for the purposes of providing a better service to you, our Client. At no time will any personal information be shared, sold or rented to a third party and we guarantee to keep your identity and Client details strictly confidential unless we suspect you are in breach of our Terms and Conditions policy and have been engaged in unlawful activities requiring disclosure to the relevant authorities.

11.1.1 Any details supplied may be used in an overall no names attached statistic for marketing purposes and financial reasons.

11.2 We may provide links to other websites; however this is only done for the ease of the Client navigation and in no way causes Olympic Party Hire to be responsible for any images, graphics or content displayed on these websites as they are not under the control of Olympic Party Hire. The inclusion of the link does not necessarily imply any endorsement of the company or organization we are linked to but purely gives rise to our recommendation to browse the linked site for relevant information and interest.

12. FORCE MAJEURE

12.1 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 Client, 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 Client as a result of any delays caused by such force majeure events.

13. ACCEPTANCE OF TERMS AND CONDITIONS

13.1 The Client accepts the Terms and Conditions once a booking has been made and confirmation has been made via email and an attached invoice.

13.2 By accessing and or using this website you agree to comply with the Terms and Conditions of this company. Every effort is made to keep the website operating correctly; however, Olympic Party Hire takes no responsibility for, and will not be liable for the website being temporarily unavailable due to technical problems beyond its control. The terms and conditions at any time can be modified to suit the changing business needs and as soon as the changes are posted and visible the amended terms and conditions are affective.

13.3 The Client hereby unconditionally accepts these terms and conditions and acknowledges that the acceptance is a conditional procedure that is fully understood and confirmed by the Client once possession of the Equipment is taken from the Owner.

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