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1300 402 485
1300 402 485
Unit 4 / 50 Topham Rd, SMEATON GRANGE NSW 2567
The following Terms and Terms must be accepted by the “Hirer” prior to “One Stop Party Hire” making the goods or services available to
the “Hirer”
1. Definitions
“goods” means all goods, equipment, consumables, accessories and packing
containers of whatever nature supplied by One Stop Party Hire to the Hirer and “hire of
goods” includes any services provided by One Stop Party Hire in delivery, unpacking,
installing and collection of goods;
“GST” means GST within the meaning of the A New Tax System (Goods and
Services Tax) Act 1999 or any amending legislation;
“One Stop Party Hire” means One Stop Party Hire Corporation (Aust) Pty Ltd, One Stop
Party Hire Party Hire and or One Stop Party Hire
Premier Hire Service;
“Hire Period” means the time from when the goods leave the store used by One Stop Party
Hire
until they return to it;
“Hirer” means the person, firm or company, jointly and severally if more than
one, hiring goods from One Stop Party Hire;
“Site” means the site to which the goods are delivered;
“Terms” means these Terms and Conditions of Hire.
2. Basis of Contract
2.1 The Terms apply exclusively to every contract for the hire of goods by the
Hirer from One Stop Party Hire and cannot be varied or supplanted by any other terms
without the prior written consent of One Stop Party Hire.
2.2 A written quote provided by One Stop Party Hire to the Hirer regarding the proposed
hire
of goods is valid for 30 days and is an invitation only to the Customer to place
an order based upon that quote. Any terms in One Stop Party Hire’ quote form part of the
Terms and if inconsistent will prevail.
2.3 If an order placed by the Customer is accepted by One Stop Party Hire, One Stop Party
Hire agrees to
hire the goods to the Hirer for the Hire Period for use at the Site on the Terms.
3. Hire Charges and variation
3.1 A minimum charge of $20.00 applies for any order.
3.2 All amount quoted is for use of the goods on one day only. Each additional
day’s use incurs an additional charge of 100% of daily rate.
3.3 Unless otherwise specified, any quotation assumes:
(a) delivery, installation, removal and return of goods being provided during
ordinary working hours;
(b) delivery being made to street level;
(c) grounds or floors being level and clear;
(d) the Customer unpacking, setting out, repacking and cleaning of goods.
3.4 Any variation to the assumptions in clause 3.2 and 3.3 will incur further
charges payable by the Hirer for additional equipment used, time spent or
overtime rates by One Stop Party Hire.
3.5 Prices for the hire of goods exclude GST. In addition to the amount
payable, the Hirer must pay to One Stop Party Hire the GST payable or remittable by One
Stop Party Hire
for any goods and services provided.
4. Invoicing, payment and bonds
4.1 Payment for hire of goods and services must be made by:
(a) 50% of the total quoted fee on ordering; and balance on delivery, or
(b) if order placed less than 7 days from delivery, then payment in full is
required to confirm the booking.
4.2 Payment must be made by cash, EFT, credit card or EFTPOS.
4.3 One Stop Party Hire may require a security bond to be paid in addition to any Hire fees.
One Stop Party Hire may apply the security bond against any amounts payable by the Hirer
under the Terms.
4.4 Any portion of the security bond not applied will be refunded by cheque
posted within ten days of return of goods.
5. Variation and Cancellation
5.1 If through circumstances beyond the control of One Stop Party Hire, One Stop Party
Hire is unable to
provide goods, then One Stop Party Hire may:
(a) make changes to the goods provided that the end performance is not
materially prejudiced; or
(b) cancel any order (even if it has already been accepted) by notice in writing.
5.2 The Hirer may cancel an order but will forfeit all booking deposits and if
cancellation is less than seven days prior to the event, the hire fee in full.
6. Delivery and collection
6.1 Goods will be delivered in a reasonably clean, but not necessarily sterile,
state. The Hirer is responsible to ensure any goods from which food or drinks
are to be served are fit for use.
6.2 The Hirer must allow One Stop Party Hire’ servants, agents and insurers access to the
goods at all reasonable times to deliver, install, remove, inspect, test, adjust,
maintain, repair or replace them. The Hirer is responsible for providing safe
and proper access to and at the Site. The Hirer is liable for all injury, loss or
damage suffered by One Stop Party Hire, its employees or agents while at the Site.
6.3 The Hirer must make the goods available for collection by One Stop Party Hire packed
in
their respective containers and crates at the end of the Hire Period in a
complete, clean and dry state.
6.4 One Stop Party Hire’ count and decision as to condition of goods prior to despatch and
on
return shall be final
7. Responsibility of Hirer
7.1 The Hirer bears all risk in the goods for the Hire Period.
7.2 During the Hire Period, the Hirer is responsible for:
(a) safekeeping of the goods during the Hire Period;
(b) using of the goods in strict conformity with the goods’ instructions or
specifications;
(c) not using pigmented streamers or decorations within or near any marquee
hired;
(d) ensuring that the goods are not moved from the Site, unless in an
emergency and One Stop Party Hire is advised immediately afterwards;
(e) complying with all relevant laws, by-laws and regulations applicable to the
installation, use and operation of the goods;
(f) protecting the goods against soilage, damage, fire, theft, distress or seizure;
(g) using only fuel, power and consumables specified by One Stop Party Hire; and
(h) ensuring that the goods are not operated for any purpose beyond their
rated capacity or in a manner likely to result in undue wear.
8. Damage Waiver
8.1 Subject to clause 7, if the Hirer pays the Damage Waiver fee, One Stop Party Hire
agrees
to waive its rights for loss or damage to the goods caused by fire, storm,
collision, accident, theft or burglary.
8.2 Damage waiver will not apply and the Hirer remains liable where:
(a) the Hirer has not promptly submitted a written report (and in the case of
theft, a copy of the police report) relating to the damaged or missing goods;
(b) the Hirer has not taken reasonable precautions to safeguard the goods;
(c) the Hirer has not complied with clause 7 of the Terms;
(d) accessories or packaging are lost or damaged;
(e) goods have been carried or used the over water;
(f) Loss or damage to marquees, tarpaulins, walling or other hired goods has been
caused by pigmented colours, heaters, catering equipment, or catering odours.
(g) damage to goods has been caused by graffiti or vandalism.
the “Hirer”
1. Definitions
“goods” means all goods, equipment, consumables, accessories and packing
containers of whatever nature supplied by One Stop Party Hire to the Hirer and “hire of
goods” includes any services provided by One Stop Party Hire in delivery, unpacking,
installing and collection of goods;
“GST” means GST within the meaning of the A New Tax System (Goods and
Services Tax) Act 1999 or any amending legislation;
“One Stop Party Hire” means One Stop Party Hire Corporation (Aust) Pty Ltd, One Stop
Party Hire Party Hire and or One Stop Party Hire
Premier Hire Service;
“Hire Period” means the time from when the goods leave the store used by One Stop Party
Hire
until they return to it;
“Hirer” means the person, firm or company, jointly and severally if more than
one, hiring goods from One Stop Party Hire;
“Site” means the site to which the goods are delivered;
“Terms” means these Terms and Conditions of Hire.
2. Basis of Contract
2.1 The Terms apply exclusively to every contract for the hire of goods by the
Hirer from One Stop Party Hire and cannot be varied or supplanted by any other terms
without the prior written consent of One Stop Party Hire.
2.2 A written quote provided by One Stop Party Hire to the Hirer regarding the proposed
hire
of goods is valid for 30 days and is an invitation only to the Customer to place
an order based upon that quote. Any terms in One Stop Party Hire’ quote form part of the
Terms and if inconsistent will prevail.
2.3 If an order placed by the Customer is accepted by One Stop Party Hire, One Stop Party
Hire agrees to
hire the goods to the Hirer for the Hire Period for use at the Site on the Terms.
3. Hire Charges and variation
3.1 A minimum charge of $20.00 applies for any order.
3.2 All amount quoted is for use of the goods on one day only. Each additional
day’s use incurs an additional charge of 100% of daily rate.
3.3 Unless otherwise specified, any quotation assumes:
(a) delivery, installation, removal and return of goods being provided during
ordinary working hours;
(b) delivery being made to street level;
(c) grounds or floors being level and clear;
(d) the Customer unpacking, setting out, repacking and cleaning of goods.
3.4 Any variation to the assumptions in clause 3.2 and 3.3 will incur further
charges payable by the Hirer for additional equipment used, time spent or
overtime rates by One Stop Party Hire.
3.5 Prices for the hire of goods exclude GST. In addition to the amount
payable, the Hirer must pay to One Stop Party Hire the GST payable or remittable by One
Stop Party Hire
for any goods and services provided.
4. Invoicing, payment and bonds
4.1 Payment for hire of goods and services must be made by:
(a) 50% of the total quoted fee on ordering; and balance on delivery, or
(b) if order placed less than 7 days from delivery, then payment in full is
required to confirm the booking.
4.2 Payment must be made by cash, EFT, credit card or EFTPOS.
4.3 One Stop Party Hire may require a security bond to be paid in addition to any Hire fees.
One Stop Party Hire may apply the security bond against any amounts payable by the Hirer
under the Terms.
4.4 Any portion of the security bond not applied will be refunded by cheque
posted within ten days of return of goods.
5. Variation and Cancellation
5.1 If through circumstances beyond the control of One Stop Party Hire, One Stop Party
Hire is unable to
provide goods, then One Stop Party Hire may:
(a) make changes to the goods provided that the end performance is not
materially prejudiced; or
(b) cancel any order (even if it has already been accepted) by notice in writing.
5.2 The Hirer may cancel an order but will forfeit all booking deposits and if
cancellation is less than seven days prior to the event, the hire fee in full.
6. Delivery and collection
6.1 Goods will be delivered in a reasonably clean, but not necessarily sterile,
state. The Hirer is responsible to ensure any goods from which food or drinks
are to be served are fit for use.
6.2 The Hirer must allow One Stop Party Hire’ servants, agents and insurers access to the
goods at all reasonable times to deliver, install, remove, inspect, test, adjust,
maintain, repair or replace them. The Hirer is responsible for providing safe
and proper access to and at the Site. The Hirer is liable for all injury, loss or
damage suffered by One Stop Party Hire, its employees or agents while at the Site.
6.3 The Hirer must make the goods available for collection by One Stop Party Hire packed
in
their respective containers and crates at the end of the Hire Period in a
complete, clean and dry state.
6.4 One Stop Party Hire’ count and decision as to condition of goods prior to despatch and
on
return shall be final
7. Responsibility of Hirer
7.1 The Hirer bears all risk in the goods for the Hire Period.
7.2 During the Hire Period, the Hirer is responsible for:
(a) safekeeping of the goods during the Hire Period;
(b) using of the goods in strict conformity with the goods’ instructions or
specifications;
(c) not using pigmented streamers or decorations within or near any marquee
hired;
(d) ensuring that the goods are not moved from the Site, unless in an
emergency and One Stop Party Hire is advised immediately afterwards;
(e) complying with all relevant laws, by-laws and regulations applicable to the
installation, use and operation of the goods;
(f) protecting the goods against soilage, damage, fire, theft, distress or seizure;
(g) using only fuel, power and consumables specified by One Stop Party Hire; and
(h) ensuring that the goods are not operated for any purpose beyond their
rated capacity or in a manner likely to result in undue wear.
8. Damage Waiver
8.1 Subject to clause 7, if the Hirer pays the Damage Waiver fee, One Stop Party Hire
agrees
to waive its rights for loss or damage to the goods caused by fire, storm,
collision, accident, theft or burglary.
8.2 Damage waiver will not apply and the Hirer remains liable where:
(a) the Hirer has not promptly submitted a written report (and in the case of
theft, a copy of the police report) relating to the damaged or missing goods;
(b) the Hirer has not taken reasonable precautions to safeguard the goods;
(c) the Hirer has not complied with clause 7 of the Terms;
(d) accessories or packaging are lost or damaged;
(e) goods have been carried or used the over water;
(f) Loss or damage to marquees, tarpaulins, walling or other hired goods has been
caused by pigmented colours, heaters, catering equipment, or catering odours.
(g) damage to goods has been caused by graffiti or vandalism.
9. Breakdown or defect
9.1 The Hirer must inspect all goods on receipt and notify One Stop Party Hire within 24
hours of
delivery. Any shortages not notified within this time will be charged for in full.
9.2 Breakdowns or defects in the goods resulting from:
(a) proper and ordinary use; or
(b) the development of an inherent fault or a fault not ascertainable prior to start
of the Hire Period; may, at One Stop Party Hire’ option, either be repaired or the goods
replaced
at One Stop Party Hire’ expense.
9.3 If repair is impracticable and if replacement goods are not available, the
proportional charge for broken or defective goods will be credited to the Hirer and
One Stop Party Hire will not have any other liability whatever to the Hirer.
9.4 No relief from hire charges nor any claims will be allowed by One Stop Party Hire:
(a) for stoppages due to causes out of One Stop Party Hire’ control including, without
limitation,
bad weather or Site conditions; or
(b) the Hirer not informing One Stop Party Hire of the defect or breakdown immediately it
occurs.
9.5 The Hirer must not try to effect any repairs on the goods.
10. Default and Termination
10.1 If the Hirer:
(a) breaches any term of the Terms;
(b) is an individual and becomes bankrupt or enters into any scheme of
arrangement or composition for the benefit of his or her creditors;
(c) is a corporation and becomes insolvent or enters into any scheme of
arrangement, any assignment or composition with or for the benefit of its
creditors, has as a liquidator, administrator, receiver or manager appointed, or
any action is taken for winding up or dissolution; then One Stop Party Hire may, without
prejudice to any other remedy available to it:
(d) require immediate payment of all money which would become payable by the
Hirer to One Stop Party Hire at a later date on any account, without further notice;
(e) charge the Customer interest on any sum due at the prevailing rate pursuant
to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the
due date until the date of payment in full;
(f) charge the Hirer for, and the Customer must indemnify One Stop Party Hire from, all
costs
and expenses (including without limitation all legal costs and expenses) incurred
by it resulting from the default or in taking action to enforce compliance with the
Terms or to recover the goods;
(g) charge the Hirer for the cost of repairing or replacing any lost, damaged or
destroyed goods;
(h) charge the Hirer for subsequent lost hire charges as a result of the goods
being lost, damaged or destroyed until the goods are repaired or replaced;
(i) claim damages from Hirer for breach of the Hire Contract; and/or
(j) cease or suspend for such period as One Stop Party Hire thinks fit, supply of any further
goods to the Hirer.
or,
if it cannot be so read down, the term shall be severed from these Terms without
affecting the enforceability of the remaining terms.
10.2 On termination, the Hirer must immediately make the goods available for
collection. If the Hirer does not, One Stop Party Hire is entitled to enter any premises of the
Hirer where the goods are suspected to be to repossess the goods. One Stop Party Hire
will not
be liable for any damage caused and the Hirer must indemnify One Stop Party Hire from
any
liability to it or any third party in respect of any damage, demands, proceedings,
costs and expenses howsoever arising.
11. Limitation and exclusion
11.1 Except as specifically set out in the Terms, any term, condition or warranty
in respect of the quality, fitness for purpose, condition, description, assembly,
manufacture, design or performance of the goods, whether implied by statute,
common law, trade usage, custom or otherwise, is hereby expressly excluded.
11.2 Replacement or repair of the goods is the absolute limit of One Stop Party Hire’ liability
howsoever arising under the Terms or from the use of or any other dealings with
the goods by the Hirer or any third party.
11.3 Force Majeure - If One Stop Party Hire 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) One Stop
Party Hire
may give written notice to that effect to the Hirer, giving full particulars of such force
majeure in which case the obligations of the Tenderer under this tender shall, to the
extent that they are affected by the force majeure, be suspended during the term of
the Force Majeure. One Stop Party Hire shall not be liable for any indirect or consequential
losses
or expenses suffered by the Hirer or any third party, howsoever caused, including
but not limited to loss of turnover, profits, business or goodwill or any liability to
any other party.for any loss or damage suffered by the Hirer as a result of any delays
caused by such force majeure events.
11.4 One Stop Party Hire will not be liable for any loss or damage suffered by the Hirer
where
One Stop Party Hire has failed to meet any delivery date or varies, cancels or suspends the
supply of the goods.
11.5 Nothing in the Terms is to be interpreted as excluding, restricting or
modifying or having the effect of excluding, restricting or modifying the
application of any State or Federal legislation applicable to the sale of goods or
supply of services which cannot be excluded, restricted or modified.
12. Miscellaneous
12.1 The law of New South Wales from time to time governs the Terms and the parties
agree to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court
of Australia, and of courts entitled to hear appeals from those courts.
12.2 Failure by One Stop Party Hire to enforce any of these Terms shall not be construed
as a
waiver of any of One Stop Party Hire’ rights.
12.3 If any term is unenforceable it shall be read down so as to be enforceable
9.1 The Hirer must inspect all goods on receipt and notify One Stop Party Hire within 24
hours of
delivery. Any shortages not notified within this time will be charged for in full.
9.2 Breakdowns or defects in the goods resulting from:
(a) proper and ordinary use; or
(b) the development of an inherent fault or a fault not ascertainable prior to start
of the Hire Period; may, at One Stop Party Hire’ option, either be repaired or the goods
replaced
at One Stop Party Hire’ expense.
9.3 If repair is impracticable and if replacement goods are not available, the
proportional charge for broken or defective goods will be credited to the Hirer and
One Stop Party Hire will not have any other liability whatever to the Hirer.
9.4 No relief from hire charges nor any claims will be allowed by One Stop Party Hire:
(a) for stoppages due to causes out of One Stop Party Hire’ control including, without
limitation,
bad weather or Site conditions; or
(b) the Hirer not informing One Stop Party Hire of the defect or breakdown immediately it
occurs.
9.5 The Hirer must not try to effect any repairs on the goods.
10. Default and Termination
10.1 If the Hirer:
(a) breaches any term of the Terms;
(b) is an individual and becomes bankrupt or enters into any scheme of
arrangement or composition for the benefit of his or her creditors;
(c) is a corporation and becomes insolvent or enters into any scheme of
arrangement, any assignment or composition with or for the benefit of its
creditors, has as a liquidator, administrator, receiver or manager appointed, or
any action is taken for winding up or dissolution; then One Stop Party Hire may, without
prejudice to any other remedy available to it:
(d) require immediate payment of all money which would become payable by the
Hirer to One Stop Party Hire at a later date on any account, without further notice;
(e) charge the Customer interest on any sum due at the prevailing rate pursuant
to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the
due date until the date of payment in full;
(f) charge the Hirer for, and the Customer must indemnify One Stop Party Hire from, all
costs
and expenses (including without limitation all legal costs and expenses) incurred
by it resulting from the default or in taking action to enforce compliance with the
Terms or to recover the goods;
(g) charge the Hirer for the cost of repairing or replacing any lost, damaged or
destroyed goods;
(h) charge the Hirer for subsequent lost hire charges as a result of the goods
being lost, damaged or destroyed until the goods are repaired or replaced;
(i) claim damages from Hirer for breach of the Hire Contract; and/or
(j) cease or suspend for such period as One Stop Party Hire thinks fit, supply of any further
goods to the Hirer.
or,
if it cannot be so read down, the term shall be severed from these Terms without
affecting the enforceability of the remaining terms.
10.2 On termination, the Hirer must immediately make the goods available for
collection. If the Hirer does not, One Stop Party Hire is entitled to enter any premises of the
Hirer where the goods are suspected to be to repossess the goods. One Stop Party Hire
will not
be liable for any damage caused and the Hirer must indemnify One Stop Party Hire from
any
liability to it or any third party in respect of any damage, demands, proceedings,
costs and expenses howsoever arising.
11. Limitation and exclusion
11.1 Except as specifically set out in the Terms, any term, condition or warranty
in respect of the quality, fitness for purpose, condition, description, assembly,
manufacture, design or performance of the goods, whether implied by statute,
common law, trade usage, custom or otherwise, is hereby expressly excluded.
11.2 Replacement or repair of the goods is the absolute limit of One Stop Party Hire’ liability
howsoever arising under the Terms or from the use of or any other dealings with
the goods by the Hirer or any third party.
11.3 Force Majeure - If One Stop Party Hire 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) One Stop
Party Hire
may give written notice to that effect to the Hirer, giving full particulars of such force
majeure in which case the obligations of the Tenderer under this tender shall, to the
extent that they are affected by the force majeure, be suspended during the term of
the Force Majeure. One Stop Party Hire shall not be liable for any indirect or consequential
losses
or expenses suffered by the Hirer or any third party, howsoever caused, including
but not limited to loss of turnover, profits, business or goodwill or any liability to
any other party.for any loss or damage suffered by the Hirer as a result of any delays
caused by such force majeure events.
11.4 One Stop Party Hire will not be liable for any loss or damage suffered by the Hirer
where
One Stop Party Hire has failed to meet any delivery date or varies, cancels or suspends the
supply of the goods.
11.5 Nothing in the Terms is to be interpreted as excluding, restricting or
modifying or having the effect of excluding, restricting or modifying the
application of any State or Federal legislation applicable to the sale of goods or
supply of services which cannot be excluded, restricted or modified.
12. Miscellaneous
12.1 The law of New South Wales from time to time governs the Terms and the parties
agree to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court
of Australia, and of courts entitled to hear appeals from those courts.
12.2 Failure by One Stop Party Hire to enforce any of these Terms shall not be construed
as a
waiver of any of One Stop Party Hire’ rights.
12.3 If any term is unenforceable it shall be read down so as to be enforceable
Terms & Conditions