1. Definitions

1.1 Items means the item/items being hired and described on The Schedule.

The Schedule may list the particular equipment taken for hire, applicable charges, hire commencement and termination date and such other information and provisions as Celebration Plus requires.

This agreement provides for the terms of each such hire. Each Schedule shall not constitute a separate hire agreement but shall be read together with and form part of this agreement incorporating all of the provisions of this agreement.

1.2 Cost of Hire being the total amount payable to us for you to hire any items which shall depend on the period of hire.

1.3 Period of Hire means the date and time that we have delivered the items to you or have been collected by you and shall cease on the date and time that we collect the items from you or are returned by you.

1.4 Terms Means these terms and conditions, the instructions given with the hire of the items or the instructions provided verbally by us for the items.

1.5 We / Us / Our Means Celebrations Plus, its employees and agents.

You means the Name of the hirer at the beginning of this document.

2. DEPOSIT & PAYMENT

2.1 A deposit of amount stated above will be required for some items. Balance of payment is required prior to commencement of your hire date on delivery or pickup of items.

2.2 You must pay the total cost of hire to us prior to commencement of your hire date or on delivery or pickup of items from us.

2.3 Cancellation Charges Cool Rooms – Full Deposit Other items Less than 14 days’ notice – Full Deposit.

3. DELIVERY AND/OR COLLECTION OF THE HIRED ITEMS

3.1 Prior to accepting possession of the items you are satisfied that they are in good condition and in safe working order, you are aware of the proper use for which the items are designed for, you are satisfied that the item/items suits your and have any licences required to operate them if required (e.g. food handling certificate)

3.2 Prior to returning the items you must have cleaned them. A fee of $50.00 will apply if items are not cleaned when returned in the same condition as received. Popcorn, Fairy Floss & Slushy Machines are exempt from this as we clean those items.

3.3 If you cause any delay in us delivering or collecting the items from you or us then you will be responsible for the extra cost incurred by us for the delay.

4. YOUR OBLIGATION

4.1 Ensure all persons using the items are suitably instructed and capable to do so safely and have relevant licences.

4.2 Ensure the items are always secure.

4.3 Allow us, if we choose, entre upon the property where the items are situated to inspect and to remove at our discretion if required at any time during the period of hire.

4.4 Have all items cleaned & ready for collection for the time agreed to pick up.

4.5 You must not use the items for any illegal purpose, tamper with, repair or modify the items in any way or to permit another.

To do so sell, hire or part with possession of the items without our prior consent.

4.6 You must not damage the item in any way.

5 You Acknowledge

5.1 That the Title & ownership of the items remains with us.

5.2 You are responsible for any traffic fines if you hire a cool room or trailer.

5.3 That we have provided you with sufficient instructions to use the items.

5.4 That you have an adequate knowledge and degree of competency to safely use the items.

5.5 Additional Cost of any additional items provided by us.

5.6 Replacement or repair of items due to any damage including Vandalism of the items.

5.7 Repair or replace the item due to negligence of you or any other party.

6 INDEMNITY

6.1 To the full extent permitted by law you releases, discharges and indemnifies us from all claims and demands on the owner arising out of or consequent on the use or misuse of the equipment during the hire period.

6.2 Without limiting clause 6.1 of this agreement you agree that to the full extent permitted by law, no warranties are given by us in respect of the equipment. Any liability of us pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the equipment or the cost of resupplying the equipment, at the discretion of us.

7 CONSEQUENTIAL LOSS

7.1 We are not responsible for any delay, loss and consequential loss including loss of profits due to the supply or failure to supply the items to you or due to failure of the operation of the items for any reason whatsoever.

7.2 We shall have the benefit of this clause and limitations of liability if any loss or damage arises for any reason whatsoever, including breach of agreement, negligence, breach of duty or wilful act or default.

8 Disputes

8.1 Both us and you agree that any disputes arising from you and use of the equipment (except in regard to payment of fees or charges) shall be negotiated with a view to settlement with the assistance of the Hire and Rental Industry Association Limited (Tel 02 9998 2255) before litigation is pursued.

9 Liability

You will assume all risks and liabilities for, and in respect of, the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair, storage or transport of the equipment.

10 Governing law

10.1 This agreement is governed by the laws of Victoria Australia

I have read and accept the above terms and conditions of hire. In particular I am aware that the hirer is responsible for the safekeeping of the equipment against damage or theft and that our insurance will not cover you. I have received the items in good order & condition. Responsible for any Traffic Fines when hiring & towing a Trailer or Cool Room.