Welcome to Caat Co! We are Caat Co Pty Ltd ABN 89 668 464 097 and we provide party supplies for hire as described on our Website and in the Hire Form (Equipment).
By clicking the tick box below or clicking the “I accept these Terms” button on our Website, paying the Fees for the Equipment or otherwise accepting the benefit of any part of the Equipment, you agree to
Name of company: Caat Co Pty Ltd ABN 89 668 464 097 (Caat Co)
Contact Email: partyhousebycaatco@gmail.com
Remote Site[SL2]
A ‘Remote Site’ is a job site located any more than 0km from the suburb of Austral NSW 2179
Fees[SL3]
Bond: $200 per Equipment Hire
Balance: Total Hire fee amount to be made two days prior to the event date
please note that if you terminate this agreement in accordance with clause 17.1, then the fee in clause 17.3(e) may apply.
Attendant Fee: $50 per hour
(This fee is only charged if there are more than 20 children present at the premises). If the team at party house deem an attendant is required, this fee is to be paid by the customer
Administration Fee: $150 per hour
(This fee is only charged if the premises has any difficulties in setting up the Equipment. This includes steep, limited access points, no parking spots available or excess parking distance (more than 20 metres) to the nearest access point of the event location during delivery and collection. The fee for such difficulties will be $75 per every half an hour extra spent by the Company[SL4] ).
Evening Hire Fee: $55 per item
(This fee is only charged if the Start or Finish Time for the Equipment is after 6pm).
Damage Fee: Quoted per damaged Equipment depending on the extent of the damage.
(This fee is only charged if the Equipment is damaged).
Generator Fee: $100 for 4 hours
(This fee is only charged if the you require the Company to provide you with a generator).
Excess Cleaning Fee: $50 per half hour + GST
(We will only charge this fee if the Equipment is not clean when it’s returned).
Exchange of Equipment: $50 + GST
(We will only charge this fee if you need to exchange the Equipment booked).
Delivery Fee:
· 0-20km - $50
· 21-30km - $60
· 31-40km - $75
· 50kms + - to be advised by the company in writing
Payment Due Date
Bond: Payable upfront on the Customer accepting a Hire Form
Balance: Payable 48 hours prior to the Hire Date
Late Charge $50 + GST
[This amount the Customer will pay if Equipment cannot be delivered or collected on time, i.e. Team from Party House have to wait at premises]
Special Conditions
· No chairs, gazebos, tents are allowed on the soft play area
· No smoking or barbeques near the soft play area or equipment
· Soft play equipment and ball puts must not get wet or be fully exposed to the sun as the equipment can become slippery and/or hot
· Sharp objects including but not limited to glasses/bottles are not allowed near or in the soft play area and ball pits
· Do not move or disassemble the Equipment
· Soft play equipment must remain on the mats and in the play area
· Ball Pit Balls must stay in the ball pits
· Do not deflate the castles prior to pick up unless required to due to wet weather conditions, poor weather ratings or in unsafe conditions
· 2 Hour Minimum needed for bump in and bump out
[SL1]As discussed. Where possible, a tick box that says “I accept” is preferable.
[SL2]As discussed, you can amend this to reflect what you are comfortable with (i.e. you can set out that a remote site is 50km from the suburban area that you live in
[SL3]Please note that under the new changes to unfair contract terms, you must ensure that any fees (and these terms) do not:
• cause a significant imbalance in the rights and obligations of the parties under the contract
• are not reasonably necessary to protect the legitimate interests of the party who gets an advantage from the term, and
• would cause financial or other harm to the other party if enforced.
• terms that penalise one party (but not the other) for breaching or ending the contract
DISCLAIMER
You acknowledge and agree that it is your sole responsibility to ensure that the Equipment is suitable for the age and abilities of the individuals and children who will use them, and you must ensure that any or all children using any Equipment are supervised by a competent adult at all times.
While the Company is committed to providing safe Equipment, you agree to hire the Equipment at your own risk and that we will not be liable for any damage or loss you or any child might suffer in connection with using the Equipment.
To the maximum extent permitted by law, you hereby release and agree to indemnify, defend and hold harmless the Company (and its directors, employees, contractors and volunteers), from any and all claims or liabilities arising from or in connection with your, and any child’s, use of the Equipment during the Hire Period, including injury to you or a third party (including where that injury causes permanent disability), your death or the death of a third party, or loss of damage to your personal property, regardless of whether those claims or liabilities were caused or contributed to by a negligent act or omission of the Company or any third party.
HIRE TERMS
These Hire Terms, together with any Hire Form (defined in clause 1(a), set out the agreement (this Agreement) under the terms of which you or the company which you represent (the Customer, you) will rent the Equipment or Services from Caat Co Pty Ltd ABN 89 668 464 097 (the Company, we, us, our).
1 HIRE FORM, THIS AGREEMENT
(a) These Hire Terms will apply to all the Customer’s dealings with the Company, including being incorporated in all agreements, quotations or orders under which the Company is to rent equipment and/or provide services to the Customer (each a ‘Hire Form’) together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing).
(b) The Customer will be taken to have accepted this Agreement if the Customer accepts a Hire Form, or if the Customer orders, accepts or pays for any equipment and/or services provided by the Company after receiving or becoming aware of this Agreement or these Hire Terms.
(c) In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Hire Form) will prevail over these Hire Terms to the extent of any inconsistency.
2 HIRE
The Company provides to the Customer and the Customer accepts from the Company the hire of the Equipment upon and subject to the provisions of this Agreement.
3 PRE HIRE
The Customer warrants that they:
(a) have considered the weather and suitability of the location to set up the Equipment;
(b) will ensure easy access to the location to set up the Equipment with a minimum clearance of 1.5 meters and any other requirements as specified by the Company at the time of the booking [SL1]
(c) have read and will agree to the terms of equipment use [SL2] provided by the Company;
(d) will pay any Deposit and Bond set out in the Hire Form, if required by the Company;
(e) have read and understood any instructional materials provided by the Company, where applicable; and
(f) ensure that any person taking delivery of the Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised.
4 UNSUITABLE WEATHER
(a) The Company reserves the right to terminate the hire of the Equipment in the event that the Customer intends to set up the Equipment outdoors and the weather conditions are unsuitable and pose a safety risk to participants and the Equipment. Unsuitable weather conditions include, but are not limited to, wind speeds of 20km per hour or more, rain, and storms.
(b) Customers are strongly advised to have alternative arrangements for the setup location in the event of unpredictable weather. This may include securing an indoor location to ensure the safety and success of the event.
(c) If the hire of the Equipment needs to be cancelled due to improper weather conditions as set out in clause 4(a) the Company will provide a credit for the Fees that the Customer can use within 12 months of the Hire Date (in additional to any rights under Australian Consumer Law).
5 EQUIPMENT USE
5.1 GENERAL EQUIPMENT
We will endeavour to ensure that the Equipment provided will be substantially same to the Equipment displayed on our website, social media platforms, or as otherwise agreed with you in the Hire Form, however we do not make any guarantees that the Equipment provided will be exactly the same.
5.2 RESTRICTIONS ON USE [SL3]
(a) The Customer expressly agrees and undertakes not to apply face paint, glitter, body tattoos, streamers, confetti, chalk, dye, pens, textas, arts and crafts, or any form of colouring on any Equipment provided under this agreement.
(b) The Customer acknowledges and accepts full responsibility for returning the Equipment in the same condition it was handed over. This includes ensuring no marking from the use of restricted items set out in clause 5.2(a), damages, tears, permanent wreckages, or an excessive amount of dirt on the Equipment.
(c) In the event of any damage to the Equipment upon return, the Company is entitled to recover the full cost of the damage from the Customer as set out in clause 9. The cost will be determined based on the extent of the damage and the necessary repairs or replacement required.
5.3 USE OF THE EQUIPMENT [SL4]
(a) The Customer must ensure that the Equipment is only used:
(i) for the Permitted Use [SL5] ;
(ii) in a proper manner, by persons who are appropriate and competent;
(iii) in accordance with the Equipment manufacturer’s requirements, recommendations and instructional materials provided to the Customer; and
(iv) in accordance with all Laws, rules and regulations applicable to the Equipment.
(b) The Customer acknowledges and agrees that it must supervise and ensure the safe use of the Equipment at all times, including when children use the Equipment.
(c) The Customer must not, and must not allow any Personnel or third party to:
(i) (in the case of children) allow unsupervised use of the Equipment during the Hire Period;
(ii) use the Equipment in an unsafe manner;
(iii) use the Equipment for an unintended purpose;
(iv) vandalise, modify or damage the Equipment in any way;
(v) use the Equipment in a way that fails to comply with any instructions (written or otherwise) provided by us;
(vi) make any alterations to the Equipment, including by unauthorised repair; or
(vii) use the Equipment when it is damaged or unsafe use the Equipment for any dangerous or illegal purpose;
(viii) make any alterations to the Equipment, including by unauthorised repair;
(ix) use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs;
(x) use the Equipment when it is damaged or unsafe;
(xi) affix or install any accessories to the Equipment without the Company’s prior written consent; or
(xii) sub-hire the Equipment.
(d) The Customer agrees that it is responsible for the acts and omissions of any other person they allow to use the Equipment.
(e) The Customer acknowledges and agrees that it has read the disclaimer at the front of this agreement and the waiver provided to the Customer and that it is wholly responsible for deciding whether the Equipment is age appropriate for the children and any harm or loss that is suffered as a result of any children interacting with the Equipment
(f) Unless otherwise agreed, ensure that the Company and its Personnel pack down the Equipment.
(g) The Customer must ensure that it has the appropriate permissions from the relevant council or authority which allows you to place the Equipment at your selected location) and the Customer agrees that the Company will not be liable for any cost, fees or charges incurred by the Customer for failing to make the relevant enquiries.
5.4 MAINTENANCE
(a) The Customer must, when the Equipment is unattended, always keep it locked and keep the keys under their control.
(b) The Customer is responsible for the performance and cost of daily maintenance and care of all Equipment in its possession.
(c) If instructed by Company, the Customer must cover the Equipment with waterproof material in wet weather conditions.
5.5 OPERATOR
The Customer agrees that they are responsible for the acts and omissions of any other person they allow to use the Equipment.
5.6 PERSONAL PROPERTY
the Company is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to the Company or stolen from the Equipment or otherwise lost during the Hire Term.
5.7 CLEANING[SL6]
The Customer acknowledges that the Equipment is rented out in a clean condition. The Customer must return the Equipment in a similar state of cleanliness (inside and out) as it was in on the Hire Date and Start Time (Clean). If the Equipment is not Clean upon return, a cleaning fee [SL7] covering the total cost to Company to clean the Equipment will apply.
6 DELIVERY AND COLLECTION
(a) You agree to ensure that you are available to take delivery of the Equipment at the Address on the Hire Date and for us to collect the Equipment at the Return Time.
(b) If you are not available to take delivery or for us to collect the Equipment and we are required to:
(i) wait at the Address for you for thirty (30) minutes or longer; or
(ii) return at another time,
you will be charged a fee as set out in the Hire Form (Late Fee[SL8] ).
(c) We will use our reasonable efforts to ensure that the Equipment is delivered and collected on time, however due to various reasons we may be late. We will notify you as soon as possible if we are going to be late.
7 REMOTE HIRE
Where the Customer hires Equipment and/or the Services are to be provided in a Remote Site, the Customer will pay the Remote Area Charges specified in the Hire Form.
8 FAULTY EQUIPMENT
(a) If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), the Customer must immediately:
(i) notify the Company;
(ii) stop using the Equipment;
(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
(iv) take all steps necessary to prevent the Equipment from sustaining any further damage;
(v) not repair or attempt to repair the Equipment without the Company’s written consent; and
(vi) comply with the Company’s directions in relation to the return of the Equipment.
(b) Subject to clause 8(c), if, upon inspection of the Equipment, the Company determines that a Breakdown was:
(i) caused by a fault in the Equipment (not caused or contributed to by the Customer) (Equipment Fault) then the Company will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown persisted[SL9] ; or
(ii) not caused by an Equipment Fault, then the Customer will still be required to pay Fees in accordance with the Hire Form.
(c) Clause 8(b) does not limit:
(i) any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
(ii) any rights or remedies the Company may have access to in relation to a Breakdown, under this Agreement or otherwise.
9 REPLACEMENT, LOSS AND DAMAGE
9.1 LOSS, DAMAGE AND PERSONAL INJURY
The Customer will be fully liable to the Company for:
(a) any loss or damage to the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession, and must give reasonable notice to the Company in writing of any such loss or damage; and
(b) all damage to the property of any person which is caused or contributed to by the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession.
9.2 REPLACEMENT
If the Company notifies the Customer in writing, the Customer must replace all parts of the Equipment which during the Hire Term have become worn out, lost, stolen, damaged beyond repair or permanently rendered unfit for use (fair wear and tear excepted), provided that the Customer must not make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of the Equipment.[SL10]
10 INCIDENTS, AND INSURANCE
10.1 INSURANCE
The Customer acknowledges that the Company may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover the Customer or the Customer’s use of the Equipment and the Company will have no obligation or requirement to insure the Customer’s use of the Equipment under this Agreement.
10.2 INCIDENTS, LOSS AND DAMAGE
(a) Subject to any the Company insurance policy that covers the Customer, which the Company has indicated it will claim against to cover the Customer (either by accepting an Excess Reduction Fee or as otherwise agreed in writing), if the Equipment is lost, damaged, destroyed or stolen during the Hire Term, or otherwise while the Equipment is in the Customer’s possession, the Customer must compensate the Company for any costs of repair or replacement.
(b) If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession (Incident), the Customer:
(i) must promptly report the Incident to the local police (if required by Law);
(ii) must report the Incident to the Company in writing within one Business Day;
(iii) must, if such damage, destruction or theft is covered by and compensated to the Company under an insurance policy, pay the relevant excess amount to the Company, as well as any other reasonable costs that the Company incurs in relation to such damage, destruction or theft;
(iv) must not, without the Company’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by Law;
(v) must, if requested, permit the Company or its insurer bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the Incident; and
(vi) must, if requested, provide to the Company, within a reasonable time, any statement, information or assistance which the Company or its insurer requests, including by attending a lawyer’s office or a court to give evidence.
11 PAYMENT
11.1 FEES
The Customer must pay the Fees to the Company in the amounts set out in the Hire Form or as otherwise agreed in writing.
11.2 TIME FOR PAYMENT
Unless otherwise agreed in writing or in a Hire Form:
(a) the Customer must pay for all Equipment in accordance with the Payment Due Dates; and
(b) if the Company issues an invoice to the Customer, payment must be made by the time(s) specified in such invoice.
11.3 PAYMENT METHOD
The Customer must pay Fees using the payment method specified in the Hire Form.
11.4 LATE PAYMENT[SL11]
If the Customer does not pay the Company the amounts due and payable under an invoice on or before its due date (being two days prior to the Hire Date), without limiting any of the Company’s other rights under this Agreement, the Company may terminate this agreement immediately in accordance with clause 17.2 and the fees set out in clause 17.3(e) will apply.
11.5 GST
Unless otherwise indicated, amounts stated in a Hire Form do not include GST. In relation to any GST payable for a taxable supply by the Company, the Customer must promptly pay the GST subject to the Company providing a tax invoice.
11.6 CARD SURCHARGES
The Company reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
11.7 SECURITY BOND [SL12]
(a) To hire the Equipment, we require the payment of a Security Bond as set out in the Hire form or as otherwise specified by us, to cover any fees, damage or issues with the Equipment during the Hire Term (Security Bond).
(b) Upon return of the Equipment, we may claim the Security Bond against any amount owed by the Customer to us under this Agreement.
(c) The Company will hold the Bond for approximately 5 business days after the return of the Equipment, until it is reasonably satisfied that there have not been any costs incurred by the Customer in relation to the Equipment (Holding Period). If, after the Holding Period, the Customer does not owe any amounts to the Company, or if the owing amounts have been claimed from the Bond and there is a remaining amount, then the relevant remaining amount will be paid back to the Customer’s original payment method.
11.8 PAYMENTS OTHER THAN FEES
(a) Immediately on request by the Company, the Customer will pay:
(i) the price of any Equipment which is for whatever reason not returned to the Company;
(ii) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer;
(iii) all costs incurred by the Company in delivering and recovering possession of the Equipment; and
(iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by the Company in enforcing this Agreement due to the Customers default.
(b) Without limiting the ability of the Company to recover all amounts owing to it, the Customer authorises the Company to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Hire Form.
12 OWNERSHIP, POSSESSION AND TITLE
12.1 OWNERSHIP
(a) The Equipment is and will at all times remain the property of the Company, notwithstanding delivery of the Equipment to the Customer or the possession and use of the Equipment by the Customer.
(b) The Customer will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.
12.2 POSSESSION
The Customer must not, without the Company’s prior written consent, part with possession of the Equipment during the Hire Term.
12.3 ENCUMBRANCES
The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except:
(a) if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at the Company’s option, the Company may remove or satisfy the lien at the Customer’s cost; and
(b) a security interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Equipment will be free of the lien or charge.
13 PERSONAL PROPERTY SECURITIES
(a) The Customer acknowledges and agrees that:
(i) the Company may register any security interest it has in connection with this Agreement (including any security interest over the Equipment arising out of the application of the PPSA to this Agreement) on the PPS Register; and
(ii) if requested by the Company, the Customer must immediately sign any documents, provide all necessary information and do anything else required by the Company to ensure that any security interest created is perfected and to enable the Company to gain first priority for its security interest.
(b) The Customer agrees to contract out of the application of the following provisions of the PPSA, and these provisions will not apply to this Agreement:
(i) Section 115(7);
(ii) Section 117;
(iii) Section 118;
(iv) Section 120;
(v) Section 121(4);
(vi) Section 130;
(vii) Section 135; and
(viii) Section 143.
(c) Notwithstanding any exclusions in clause 13(b), the Customer acknowledges the application and importance of the following provisions of the PPSA, which shall remain unaffected and continue to apply to this Agreement:
(i) Section 123;
(ii) Sections 125, 126, 128, and 129; and
(iii) Section 142.
(d) In this clause:
(i) “PPSA” means the Personal Property Securities Act 2009 (Cth) and its regulations as amended and in force from time to time;
(ii) “PPS Register” means the Personal Property Securities Register established under the PPSA; and
(iii) a term used in this clause is taken to have the meaning defined under the PPSA.
14 THIRD PARTY GOODS AND SERVICES
(a) If the Company is required to acquire goods or services supplied by a third party, the Customer may be subject to the terms and conditions of that third party (‘Third Party Terms’).
(b) Provided that the Company has notified the Customer of such Third Party Terms and provided the Customer with a copy of those terms, the Customer agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Customer or the Company acquires as part of renting the Equipment and the Company will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
15 SUBCONTRACTING
The Company may subcontract any aspect of providing the Services and the Customer hereby consents to such subcontracting.
16 LIABILITY, WARRANTIES AND INDEMNITIES
16.1 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 16.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Customer to the Company in the 3 months preceding the date of the event giving rise to the relevant liability.[SL13]
(b) Clause 16.1(a) does not apply to the Customer’s liability in respect of loss or damage sustained by the Company arising from the Customer’s breach of:
(i) Clause 5; and
(ii) Clause 9.
16.2 WARRANTIES
(a) The Customer acknowledges they have relied on their own judgment and expertise in deciding to rent the Equipment and/or acquire the Services for their intended purpose.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
16.3 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth);
17 TERMINATION
17.1 TERMINATION FOR CONVENIENCE
Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.
17.2 TERMINATION FOR BREACH
(a) Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
(b) A “Breach” of this agreement means:
(i) a party (Notifying Party) considers the other party is in breach of this agreement and notifies the other party;
(ii) the other party is given 10 Business Days to rectify the breach; and
(iii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
17.3 EFFECT OF TERMINATION
Upon termination of this agreement, each party must:
(a) return all Equipment, property and Confidential Information to the other party;
(b) comply with all obligations that are by their nature intended to survive the end of this agreement, including withoutlimitation clauses 8, 9, 12, 16, 18, 19 and 20.
(c) stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated;
(d) the Customer must pay any outstanding Fees for Services already performed up to the date of termination; and
(e) if the Customer terminates this agreement in accordance with clause 17.1 or if the Company terminates the agreement in accordance with 17.2, and notice is:
(i) 48 days or more prior to the Hire Date, the Company will provide the Customer with a full refund of any Fees paid;
(ii) less than 48 days prior to the Hire Date, the Company will provide the Customer with a full refund of the Fees paid, minus the Deposit.
(iii) after the Hire Date, the Customer will not be entitled to any refund, unless the Equipment is not of an acceptable quality in accordance with the ACL.[SL14]
17.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.
18 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
19 NOTICES
(a) A notice or other communication to a party under this Agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring Business Day in that state; or
(ii) when replied to by the other party,
whichever is earlier.
20 GENERAL
20.1 GOVERNING LAW AND JURISDICTION
This Agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
20.2 AMENDMENTS
This Agreement may only be amended in accordance with a written agreement between the parties.
20.3 WAIVER
No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
20.4 SEVERANCE
Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.
20.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
20.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.
20.7 COUNTERPARTS
This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one agreement.
20.8 COSTS
Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.
20.9 ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
20.10 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or “dollar” is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.
21 DEFINITIONS
In addition to capitalised terms defined in the Hire Form above, capitalised terms used in this Agreement will have the following meanings:
Term
Meaning
Business Days
means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in New South Wales, Australia.
Customer
has the meaning set out in the Hire Form.
Equipment
means the Machine and the Included Attachments included in a Hire Form.
Fees
has the meaning set out in the Hire Form.
Hire Form
has the meaning set out in clause 1(a) of these Hire Terms.
Hire Term
means the period of Equipment Hire, from the Hire Date set out in the Hire Form until the Equipment is returned to Company.
Late Charge
means the late charge set out in the Hire Form.
Laws
mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Services are provided and includes any industry codes of conduct.
Personnel
means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.
Permitted Use[SL15]
means using the Equipment for the reasonable functional or recreational purpose that the Equipment is intended to be used for by children under the age of [X] years of age
PPSA
means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.
Remote Site
means a Job Site located 20 kms or more from the suburb of Austral NSW 2179.
Return Time
Time of collection by party house
Rules/ Terms of Equipment Use
means the list of rules and restrictions regarding the use of the Equipment communicated to the Customer.
Hire Date
Date of which the hire equipment is set for.
Start Time
Time of which your event is to commence.
Third Party Terms
has the meaning set out in clause 14.
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