Terms & Conditions

EQUIPMENT HIRE TERMS AND CONDITIONS

All rentals are subject to our terms and conditions.

1) PREVAILING TERMS

These Terms (and no other terms or conditions) apply to Equipment Hire from Us to the Client as applicable.

2) DEFINITIONS

In this document:

“ACL” means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;
“Contract” means a contract formed as a result of the acceptance of a Quotation by Us;
“Client” means the person or legal entity set out in any Quotation, offer or other document provided by Us;
“Deposit” means 50% of the total Price stated on the Quotation.
“Equipment” means the equipment stipulated in the Quotation to be hired to the Client pursuant to these Terms;
“Liability” means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);
“Our, Us, We” means Eventright Pty Ltd ABN 53 653 966 502 being the entity that accepts the request to provide Equipment Hire to the Client;
“Personnel” means any employee, servant, contractor, sub-contractor, agent, partner, director or officer of a Party;
“Prices” means the price for the Equipment Hire (as applicable) as appears in the Quotation;
“Quotation” means any written or verbal quote provided by Us to the Client for supply of the Equipment (as applicable);
“Site” means the address/es for the drop location for Equipment as stipulated in the Quotation; and
“Terms” means these Terms and Conditions.

3) EQUIPMENT HIRE

Any quotation by Us does not constitute an offer to supply the Equipment (as applicable).
Unless We otherwise state, any Quotation from Us will remain valid for 30 days from the date of the Quotation, provided that We may withdraw or vary a Quotation at any time prior to Our acceptance of the Quotation.
We will consider all bookings tentative and not binding until:
1. the Client agrees to these Terms, or otherwise negotiates and enters into a written and signed varied contract for the supply of the Equipment (as applicable);
2. and/or both the Client and We have agreed to these Terms through signing the Quotation.
Any execution of the Quotation by the Client or payment of the Deposit will constitute agreement to these Terms by the Client.
If We accept a Quotation, the Parties will have created a binding Contract and We will supply of the Equipment (as applicable) to the Client, and the Client will pay Us the Price in accordance with the terms of the Contract (which will include these Terms).
We may cancel any Contract at any time prior to the delivery of the Equipment for hire with no liability other than to repay any amount of the Prices paid in advance of the cancellation. We also reserve the right to cancel the Contract if payment of Deposit and residual amount is not received within the prescribed times as set out below.
The Client may cancel the Contract by providing Us written notice of such cancellation. Cancellation Fees will be charged, in Our sole discretion, as follows:
1. Where the date of notification is after We have confirmed the hire date, we will retain issue a store credit for 100% of the invoiced amount valid for 12 months from the date of notification; and
2. If the date of notification is within 14 days of the date of supply of Equipment, We will issue a store credit for 70% of the invoiced amount valid for 12 months from the date of notification; and
3. If the date of notification is within 7 days of the date of supply of Equipment, We will retain 100% of the invoiced amount.
In the event of inclement weather or any other event causes the Client to cancel the Equipment Hire the cancellation policy as set out above applies.

4) PRICE AND PAYMENT TERMS

The Price/s for Equipment Hire as set out in the Quotation. Prices stipulated in the Quotation include GST.
If Equipment is not finally returned or ready for pick-up by Us at the expiration or termination of the hire period stated in the Contract, the Client will pay an additional charge of 100% the daily rate for every additional day or part thereof that the Equipment is retained by the Client.
The Deposit is payable upon acceptance of the Quotation.
Full payment of the estimated cost of the supply (as set out in the Quotation) must be received by Us prior to the date of supply (Due Date) by bank transfer, or credit card payment online.
Damage to or loss of Equipment and other incidentals may also be incurred during the supply term and will be charged accordingly. We will reconcile any additional costs or changes and either invoiced to the Client or reimbursed to the Client as applicable within 7 days of the date of supply.
The Client must not withhold, make deductions from, or set-off, payment of any money owed to Us for any reason.
If the Client does not pay Us by the Due Date, We will be entitled to charge the Client interest on the monies due on a daily basis at the rate of 3% above the Reserve Bank of Australia Cash Rate calculated daily and compounded monthly from the Due Date for payment until the actual date of payment;

5) WARRANTIES

We do not provide any express or implied warranties for the hire of the Equipment, except to the extent required pursuant to the ACL. Nothing in these Terms are intended to have the effect of contracting out of any applicable provisions of the ACL except to the extent permitted by the ACL.
If you are deemed a Consumer within the meaning prescribed in the ACL, the equipment hire services (Services) come with guarantees that cannot be excluded under the ACL (Consumer Guarantees). In the event that our Services fail to satisfy a Consumer Guarantee, the Client is entitled to a cancel the service and get a refund for a major failure (under the ACL) and compensation for the difference in the service delivered and what the Client paid for. In the event of a minor failure (under the ACL) We will re-perform the Services and fix the defective issues free of charge within a reasonable time, or where not possible, the Client may receive a refund for the Services not properly provided in accordance with the ACL.

6) FURTHER CONDITION RELATING TO EQUIPMENT HIRE

Where a Client wishes to change the dates of Equipment Hire, provided the Client gives Us more than 14 days’ notice, We will use reasonable efforts to attempt to change the date subject to availability. We are entitled to charge the Client for any costs incurred in postponing or altering the date of Equipment Hire. Postponement with 7 days or less notice prior to date of Equipment Hire will be treated as a cancellation.
It is the Client’s responsibility to facilitate access for Us to access the drop-off location. It is the Client’s responsibility to organise parking (and cover costs of such parking) for Our equipment delivery vehicle/s.
The Client acknowledges that the following conditions apply to the hire of Equipment:
1. The Client must produce valid Australian photo identity with current address details in order that the Equipment will be supplied to the Client. An interim receipt or non-photo ID is not acceptable as proof of identity or age.
2. The Client is required to provide credit card details and authority to charge as security for the return of Equipment and after the Equipment passing satisfactory inspection. We reserve the right to recover any monies lost by charging the provided credit card should there be any missing components or they believe the Equipment to be damaged in any way. All charges will be notified to the Client prior to the credit card being charged.
3. Upon installation, delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment, the Client acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Client acknowledges that it has not in any way relied upon the skill or judgment or any representation made by or on Our behalf in respect of the Equipment, its purpose, suitability or performance;
4. The Client has received adequate instruction on the correct transportation, installation and use of the Equipment (as applicable), which includes demonstration or verbal or written instructions and agrees not to use the Equipment at locations or purposes different to the Equipment’s general designated purpose and specified suitability (such as indoor versus outdoor use);
5. The Client will not remove the Equipment or any part thereof from the situation and position of its installation without Our consent;
6. The Client is responsible for the Equipment, the use of the Equipment and is liable for any damage to the Equipment or any damage or injury caused by the use, damage or loss of the Equipment under its hire, from the time of its delivery until collection by or return to Us, including any costs incurred by Us in repairing or replacing the Equipment and hire charges for the Equipment until the Equipment is repaired or replaced;
7. The Client will return, or make available for collection the Equipment in a clean condition and readily accessible by Us.
8. We may inspect the Equipment at any time during the period of hire, whether notice of such inspection is given to the Client or not, and the Client shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment. The Client shall indemnify Us in relation to any action of trespass or any other action or claim against Us in the course of exercising Our right to inspect the Equipment.
9. All property in and title to the Equipment at all times remains with Us, the Client does not acquire any property in or title to the Equipment and the Client’s interest in the Equipment is as bailee of the Owner only.
10. The hiring of Equipment will commence from the date in the Quotation and continue for the term specified therein. The Client may terminate the hire of the Equipment by notifying Us that the Equipment is ready for collection, provided that the Client keeps the Equipment safe until collection.
11. Upon termination of hire, We are entitled to take possession of the Equipment immediately and for this purpose the Client irrevocably appoints Us as its agent and authorises Us to:
  1. enter upon any land or premises upon which the Equipment is situated or where We have any reason to believe that the Equipment may be situated;
  2. Remove the Equipment whether or not it is affixed to the land or premises, connected to property or equipment not owned by the Client, in use by the Client or any other person or containing property not owned by the Client.
12. if the Equipment is lost, breaks down or is damaged, the Client must immediately notify Us. Notification shall not absolve the Client from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Client must immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Client must take all steps necessary to prevent injuries from occurring to any person or property as result of the condition of the Equipment and must not repair or attempt to repair the Equipment without Our prior consent.

8) SITE, SECURITY AND SAFETY

The Client is responsible for the Site and the safety of all persons, including Our Personnel on the Site and delivery of Equipment by Our Personnel to the Site.
Our Personnel use reasonable endeavours to comply with all applicable legislation and standards related to maintaining safe work practices.
The Client will be responsible for any damage sustained to Our Equipment or property during a function and will be charged for any repairs, labour or replacement. We recommend that the Client considers and arranges security for their functions (of at least 1 security provider for every 100 attendees).

9) INSURANCE

We maintain appropriate product liability, professional indemnity and workers health and safety insurance.
The Client must also maintain at its own expense all appropriate policies of insurance including:
1. any applicable events liability/public liability insurance;
2. any required workers compensation and health and safety insurance; and
3. theft and damage insurance to the Equipment hired in an amount not less than the full replacement cost of the Equipment and for liability, property and casualty insurance coverage in amounts necessary to fully protect Us and the Equipment against all claims, loss or damage whatever.

10) INELLECTUAL PROPERTY

The Client must obtain Our prior permission to use any of Our trade marks, copyright protected works, including images and artwork prior to using, copying, displaying, advertising or publishing such intellectual property.

11) LIABILITY

Our liability for any Liability or Claim in relation to these Terms, any Contract, any Equipment Hire, (whether under statute, contract, tort, negligence or otherwise) will be limited to the total Price paid (exclusive of GST) under the Contract(s) that gave rise to such Liability.
We will not be liable to the Client for any Liability or Claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the Parties.
The limitations and exclusions in this clause 11 do not apply to the extent that any loss is directly attributable to:
1. personal injury or death caused by Our default, breach of these Terms or negligence; or
2. fraud by Us.
Each Party must take reasonable steps to mitigate any loss it suffers or incurs.

12) RELEASE AND INDEMNITY

The Client indemnifies Us and each member of Our Personnel from and against any Liability or Claim arising directly or indirectly in relation to:
1. the Client’s breach of these Terms or any Contract;
2. the negligence or wilful misconduct of the Client or any member of the Client’s Personnel or the Client’s guests; and/or
3. Us having to redeliver Equipment on hire, or undertake any rework, as a result of the actions or omissions of the Client or any third party.

13) MISCELLANEOUS

The Parties agree:
1. no Contract will create any partnership, joint venture, agency or relationship of employment between the Parties;
2. these Terms or any Contract may only be amended with both Parties express written agreement, noting that disposal of or additions to Site/s included in the Contract will create a variation to the Contract by way of addition or deletion of that Site and does not affect the Terms as they relate to any other Site;
3. any waiver by either Party must be express and in writing;
4. failure 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, shall not be deemed to be a waiver of any rights a party may have and shall not be deemed a waiver of any subsequent breach by of any of these Terms;
5. the actions of any person claiming to have a Party’s authority will bind such Party to the extent permitted by law;
6. if any provision of these Terms or any Contract is unenforceable, the provision will be severed and the remaining provisions will continue to apply;
7. that We may pay a rebate, commission or other financial benefit to event organisers or like suppliers in connection with the Equipment Hire to the Client;
8. these Terms and all obligations hereunder shall be binding on each party’s personal representatives, successors and permitted assigns and shall be for the benefit of the relevant party’s successors and assigns;
9. Neither Party may assign any rights or benefits under any Contract or these Terms or any Contract to any third party without the written consent of the other Party; and
10. The laws of Western Australia govern these Terms and any legal action relating to them shall be brought in Western Australia Courts.

Additional Fees and Charges

All equipment hires are subject to the following additional fees if failure to comply with the above terms and conditions or if damage to hire property occurs.

Cleaning Fee

All equipment should have surfaces wiped clean using warm water only at the completion of each day of use. If the equipment is left dirty at the completion of hire a minimum $150 cleaning fee may be applied. This is subject to increase based on number of units hired.

Lost/ Damaged Equipment

All items must be returned in the same condition they were supplied. Any damage incurred will be subject to repairs being on-charged, or the complete cost to replace if deemed beyond repair.

Loss of couplers, taps, decal holders, gas regulators, gas bottles will be subject to a replacement fee, including any freight (including express) to get equipment replaced.

WEBSITE TERMS AND CONDITIONS

Thank you for visiting a EventRight Pty Ltd website. Please read the Terms and Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms and Conditions set out below.

Throughout this site, the terms “we”, “us”, “our” and “EventRight” refer to EventRight Pty Ltd and any of its subsidiaries.

WEBSITE PRIVACY POLICY AND SECURITY

Any personal information or material sent to EventRight websites are subject to the EventRight Privacy Policy. The EventRight Privacy Policy forms a part of these Terms and Conditions.
Information sent by you to us through this website is not encrypted. You acknowledge that we do not guarantee the security of the content of any such information, and it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

TRANSMISSION

Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, or will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of EventRight and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you. Furthermore, EventRight is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without reference or compensation to you. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that EventRight use will not violate any third party’s rights. EventRight is under no obligation to use the information submitted.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, all copyright and other intellectual property rights in all information, data, text, graphics, images, logos, trade marks and other materials on this website are the property of EventRight or are included with the permission of the relevant owner.

Except as expressly prohibited in relation to particular content, you are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

You must not use any trade marks or logos which appear or are used on this website, nor do anything to prejudice the rights of the owner or licensee of such trade marks or logos. Nothing contained on this website should be construed as granting any licence or right to use any trade mark displayed on this website. Your use/misuse of the trade marks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. EventRight reserves all its rights to enforce its intellectual property rights to the fullest extent of the law.

LINKS TO OTHER WEBSITES

Links on the EventRight websites may take you outside the EventRight network to third party websites and EventRight makes no representations and accepts no responsibility for the content, accuracy or function of these other websites. The inclusion of any link to other websites does not imply endorsement by EventRight. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

You must not create a link to any part of this website, unless expressly permitted on this website, other than solely for your own personal/domestic, informational or non-commercial purposes, without our prior written consent.

If this website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this website does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.

WARRANTIES AND DISCLAIMERS

Your use of this website is exclusively at your own risk.
This website is provided to you on an “As Is” and “As Available” basis and, consequently, to the maximum extent permitted by law, EventRight gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be un-interrupted or error-free; that this website will be secure; that any advice or opinion obtained from EventRight through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.

LIABILITY

To the extent permitted by law, we, including any of our subsidiary companies and each of our respective officers, employees, agents, contractors, or agents, will not be liable or accept any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses, claims, expenses or liabilities whatsoever arising out of or relating to your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic correspondence or messages you send us, or your reliance upon information contained upon this website.
To the extent permitted by law, EventRight does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

Further, EventRight shall have no liability or any responsibility whatsoever for any loss suffered caused (whether negligently or otherwise) by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.

Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which EventRight is entitled to do so, its liability will be limited at its option to (a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied; and (b) in the case of goods, the lowest of the cost of replacing the goods, obtaining equivalent goods or having the goods repaired.

PROHIBITED ACTIVITY

You are prohibited from doing any act that EventRight, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws, ordinances, rules, regulations, codes and codes of all regulatory bodies applicable to this website including but not limited to:

Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
Using this website to defame or libel EventRight, its employees or other individuals or acting in such a way that brings into disrepute the good name of EventRight;
Uploading files that contain viruses that may cause damage to the property of EventRight or the property of other individuals.

You and EventRight agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of Western Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia.

COOKIES

Cookies are data files stored on your computer after you access certain websites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again. Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site. Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies. This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate web site, such as Cookie Central.

IP ADDRESS

EventRight’s web servers (and our feedback forms on the web) gather your IP address to help diagnose problems with our service, to administer our website, and to gather broad user information (for example, which areas of our website are visited most frequently). Such user information is gathered in aggregate only and cannot be traced to an individual user.

TERMINATION

We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time. Any indemnities given by you and limitations on our liability will survive such termination. Any termination of your right to use or access any part of this website will not affect any rights which have accrued to or have been accrued by either you or us prior to termination.

LEGAL NOTICE UPDATE

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.

CONTACTING US

If you have any questions or queries in relation to this website or these Terms and Conditions, please contact us (our contact details are set out on our Contact page.)

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Eventright Terms & Conditions