TERMS AND CONDITIONS OF HIRE

OUTLINE

HIRE AGREEMENT

 

 

 

PRELIMINARY

 

This Hire Agreement governs your rental of Equipment from Willow Tree Events Pty Ltd as trustee for The Sleiman Family Trust trading as Willow Tree Events Melbourne A.B.N.23 448 738 206 (Willow Tree Events), in exchange for the Hire Fee.

 

DEFINITIONS

 

Agreement means this agreement and any annexure or schedule attached to it.

 

Business Day means any day that is not a Saturday, Sunday or public holiday in the State of Victoria.

 

Commencement Date means the date on which the Hire Period commences, as specified in the Quotation.

 

Collection Date means the date that Willow Tree Events collects the Equipment from the Hirer, as agreed between the Parties.

 

Delivery Address means the address specified in the Quotation, as being the address at which Willow Tree Events is to deliver the Equipment to the Hirer, on the Commencement Date.

 

Delivery Fee means the fee payable to Willow Tree Events, for the delivery of the Equipment, as specified in a Quotation.

 

Delivery Time means the time and date that Willow Tree Events is to deliver the Equipment to the Hirer at the Delivery Address, as agreed between the Parties.

 

Deposit means the 50% deposit payable to Willow Tree Events, by the Hirer, under this Agreement as stated in a Quotation.

 

End Date means the date on which the Hire Period ends, as specified in the Quotation, or on such other date agreed upon between the Parties. In the event that any item comprised in the Equipment are stolen or damaged, then the expiry date will be the date on which the insurance company accepts a claim for the goods, having been stolen or damaged.

 

Equipment means the items specified in any Quotation issued to you by Willow Tree Events.

 

Goods and Services Tax (GST) has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

Hire Fee means the amount payable by you to Willow Tree Events, as set out in a Quotation.

 

Hire Period means a rental period of 24 hours, commencing on the Commencement Date and ending on the End Date, unless otherwise agreed between the parties.

 

Hirer means the party hiring the Equipment from Willow Tree Events.

 

Party means Willow Tree Events and/or the Hirer.

 

Quotation means any quotation or invoice provided to you by Willow Tree Events for your hire of the Equipment, including via the Website.

 

Security Bond means a security bond payable to Willow Tree Events by the Hirer under this Agreement and as set out in a Quotation.

 

Website means the Willow Tree Events website, which is displayed at www.willowtreeevents.com.au.

 

  1. Hire of Equipment

 

1.1    Willow Tree Events agrees to grant a temporary bailment of the Equipment to you, in exchange for your payment, as required under this Agreement.

 

1.2    Unless otherwise agreed via email the period of the bailment is for the Hire Period, but remains determinable in the sole discretion of Willow Tree Events.

 

  • Unless otherwise agreed via email, all Equipment will be made available to the Hirer for the Hire Period.

 

1.4    Willow Tree Events will not confirm or hold the Equipment until the Deposit has been received in cleared funds and the Hirer has been issued with a deposit receipt, along with confirmation of the Hirer’s order.

 

1.5    The Hirer must provide Willow Tree Events with easy and necessary access to the Delivery Address that is safe and proper for the Hire Period. The Hirer agrees that they are liable for all injury, loss and/or damage suffered by Willow Tree Events, our employees or agents, while at the Delivery Address.

 

1.6    If, for any reason Willow Tree Events are unable to gain access to the Delivery Address for delivery of the Equipment, Willow Tree Events may charge an amount reasonably determined in its sole discretion to the Hirer for additional delivery services, for each attempt to deliver the Equipment.

 

1.7    Willow Tree Events will not be liable for any injury, loss and/or damage suffered by the Hirer, or any other person, as a consequence of the Hirer’s use of the Equipment.

 

  1. Delivery of Equipment

 

2.1    Willow Tree Events agrees to deliver all Equipment to the Delivery Address by no later than the Delivery time. In the event the delivery is late, Willow Tree Events is not liable for any loss or damage incurred by the Hirer.

 

2.2    If outlined in any Quotation, Willow Tree Events must make reasonable attempts to set up the Equipment after it has been delivered to the Delivery Address.

 

2.3    The Hirer must notify Willow Tree Events if delivery is required above street level before the Deposit is paid. If on arrival, delivery is required above street level and Willow Tree Events has not been notified under this clause, the Hirer must pay an additional upstairs fee in the sole discretion of Willow Tree Events immediately.

 

2.4    The Hirer must ensure measurements of the Equipment supplied by Willow Tree Events are appropriate for the event space including ceiling heights, door and stair access. If any of the Equipment does not appropriately fit, Willow Tree Events may refuse delivery.

 

  1. Payment

 

3.1    Unless otherwise agreed between the Parties, the Hirer must pay the Deposit to Willow Tree Events within three (3) days of a Quotation being issued. If the Deposit is not paid by this time, then we may make the hired Equipment available for public hire again.

 

3.2    The Deposit is non-refundable, cannot be transferred to any third party or exchanged for a credit note.

 

3.3    The Hirer must pay the Hire Fee, less the Deposit (the Balance), to Willow Tree Events by no later than fourteen (14) Business Days prior to the Commencement Date.

 

3.4    The Hirer’s failure to pay the Balance, as required under clause 3.3 above, may result in the cancellation of your order by Willow Tree Events.

 

3.5    We cannot confirm delivery of the Equipment, until such time that the Hire Fee has been paid, in full.

 

3.6    Payment of the Deposit will constitute acceptance of the terms and conditions contained in this Agreement.

 

3.7    In the event that the order to hire Equipment from Willow Tree Events is within seven (7) days of the commencement of the Hire Period, then the Hire Fee must be paid in full, within 24 hours of a Quotation being issued.

 

3.8    The Hirer must pay the Delivery Fee, as specified on any Quotation.

 

3.9    The Hirer must pay the Security Bond, as specified on any Quotation, no less than seven (7) days before the commencement of the Hire Period.

 

3.10  All amounts paid to Willow Tree Events under this Agreement are exclusive of GST.

 

  1. 4. Hirer’s Warranties and Acknowledgements

 

4.1    The Hirer is responsible for using the Equipment in accordance with any directions given by Willow Tree Events and in conjunction with instructions or specifications that apply to any item comprised in the Equipment, where applicable.

 

4.2    The Hirer must not sell, charge, pledge or part with the possession of the Equipment.

 

4.3    The Hirer must ensure that the Equipment is used in accordance with any operating instructions given by Willow Tree Events and that the use of the Equipment complies with all applicable laws.

 

4.4    The Equipment will be at all times, whilst in the care, custody or control of the Hirer, at the risk of the Hirer.

 

4.5    If any of the Equipment requires repair or replacement as a result of the Hirer’s use of the Equipment, the Hirer must bear the total cost of any such repair or replacement. Any repairs carried out by Willow Tree Events will be charged at the normal hourly repair rate of Willow Tree Events.

 

4.6    The assessment of any damage to the Equipment and costing of charges to repair or replace the Equipment, shall be at the sole assessment of Willow Tree Events.

 

4.7    If the Hirer is a corporation:

 

  • it is duly incorporated under the Corporations Act 2001 (Cth) and has the power to carry on its business and full power and authority to enter into, observe and do all things required by, the Agreement; and

 

  • the person signing on behalf of the corporation is duly authorised to enter into the Agreement on behalf of the corporation and if in breach of this warranty, agrees that he or she shall be personally liable for performance of the corporation’s obligations.

 

4.8    The Hirer represents and warrants that no litigation or administrative or other proceedings before or of any court or governmental authority or agency or other tribunal have, to the knowledge of the Hirer, been initiated or threatened against the Hirer or any of the Hirer’s assets, which would, might or have a materially adverse effect upon the business, assets or financial condition of the Hirer.

 

  1. Ownership of the Equipment

 

5.1    The Hirer acknowledges that during, and outside of, the Hire Period, Willow Tree Events retains full title to the Equipment, subject only to the rights of the Hirer as a mere bailee of the Equipment, with a right only to possess and use the Equipment, in accordance with and under this Agreement.

 

  1. Limitation of Liability

 

6.1    To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by this Agreement, is limited, at our option, to one or more of the following:

 

  • In the case of services supplied or offered by us:

 

  1. the resupply of the services; or

 

  1. the payment of the cost of having the services resupplied.

 

  • In the case of goods supplied or offered by us:

 

  1. the replacement of the goods or the supply of equivalent goods;

 

  1. the repair of such goods;

 

  • the payment of the costs of replacing the goods or acquiring equivalent goods; or

 

  1. the payment of the costs of having the goods repaired.

 

6.2    Other than expressly provided for in this Agreement, the Hirer acknowledges that they have not relied on any statement or representation by Willow Tree Events in respect of the Equipment or use of the Equipment by the Hirer, irrespective of whether or not the Hirer’s purpose for the use of the Equipment is known to Willow Tree Events.

 

6.3    Willow Tree Events will not be liable, whether before or after the Hire Period, for any loss or damage that the Hirer suffers arising from, or caused or contributed by, Willow Tree Events’s negligence, nor will the Willow Tree Events be liable for special, indirect or consequential loss or damage as a result of a breach by Willow Tree Events of the Agreement, including but not limited to loss of profits or revenue, the costs arising from the loss of the use of the Equipment and the costs of any substitute Equipment, which the Hirer acquires.

 

6.4    Although great care has been taken by Willow Tree Events to accurately reflect Equipment in photographs displayed on our website and/or other advertising material, you agree and acknowledge that these photographs are for illustrative purposes only and may vary from Equipment depicted or described.

 

6.5    The Hirer acknowledges that it enters into this Agreement, having carried out its own due diligence as to the condition, suitability and fitness of the Equipment for the Hirer’s purpose, and that it has not relied on any skill and judgment, or on any representation made by, or on behalf of, Willow Tree Events.

 

  1. Hirer’s Covenants

 

7.1    The Hirer must, at all times, keep and maintain the Equipment, ensuring that it is in good and proper condition. In particular, the Hirer must:

 

  • keep the Equipment in a secure location at all times;

 

  • prevent the Equipment from being stolen, unauthorised use, misuse, vandalism, exposed to inappropriate environment; and

 

  • make the Equipment available to Willow Tree Events, in the same condition (fair wear and tear excepted) as when it was delivered to the Hirer by Willow Tree Events on the Delivery Time.

 

7.2    The Hirer agrees that they will be liable for any loss of, or damage to, the Equipment, including damage caused by fire, water, storm, collision, accident, theft or burglary. The Hirer must give reasonable notice to Willow Tree Events, in writing, of any such loss or damage.

 

7.3    The Hirer must not use the Equipment for any illegal purpose.

 

7.4    The assessment of any damage to the Equipment and costing of charges to repair or replace the Equipment, shall be at the sole assessment of Willow Tree Events.

 

7.5    The Hirer must promptly give written notice to Willow Tree Events of any damage to the Equipment, any hazards threatening or affecting the Equipment and/or any hazards arising from the Equipment for which the Willow Tree Events might be liable.

 

7.6    The Hirer must not, without the prior written consent of Willow Tree Events, organise for any maintenance or repairs to be carried out to the Equipment, but where such consent has been obtained and maintenance and/or repair works are carried out, the Hirer must provide Willow Tree Events with receipts for such works.

 

7.7    Willow Tree Events may charge the Hirer any amounts incurred by Willow Tree Events to rectify damage arising out of the Hirer’s breach of any provision of clause 7. The Hirer agrees to pay Willow Tree Events for any amount charged under this clause.

 

  1. Theft and malicious damage to the Equipment

 

7.1    In the event of an incident of theft or malicious damage to the Equipment, the Hirer must immediately report such incident to the police and provide the police reference number to Willow Tree Events, immediately upon its request.

 

7.2    Willow Tree Events will not be liable for any inconvenience, loss or damage suffered by the Hirer, because of any accident, theft or malicious damage to the Equipment.

 

7.3    The Hirer will not be entitled to any refund under this Agreement where the Equipment becomes unavailable for use due to theft that occurs to the Equipment, or the Equipment being damaged, during the Hire Period.

 

7.4    The Hirer will be liable to pay to Willow Tree Events, the Hire Fee for the period of time that the Equipment is unavailable for hire because of damage, accident or an incident of theft, which was caused by the Hirer’s recklessness and/or negligence.

 

  1. Insurance

 

8.1    Willow Tree Events will be responsible for effecting and keeping current a general insurance policy or policies in respect of the Equipment to cover the Equipment in relation to damage or destruction of the Equipment, third party risk and public liability.

 

8.2    The Hirer must not do any act in relation to the Equipment, which has the capability of rendering void, or voidable, Willow Tree Events’ insurance policy or policies covering the Equipment.

 

  1. Indemnity

 

9.1    By using the Equipment, you agree to indemnify Willow Tree Events from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Equipment by you.

 

  1. Cancellation

 

  • In the event that the Hirer cancels (in writing or by email) delivery of the Equipment, Willow Tree Events will refund any amounts paid by the Hirer, excluding any Security Bond, Deposit or Hire Fee already paid to Willow Tree Events. The Hire agrees and acknowledges that they will only be entitled to receive a refund, if the cancellation occurs at least fourteen (14) days prior to the Hire Period commencing.

 

  • In the event that Willow Tree Events is unable to supply the Hirer with the Equipment, or any part of it, because of a previous Hirer not making the Equipment available for collection, then Willow Tree Events may cancel the Hirer’s order.

 

  • In the event that Willow Tree Events is required to cancel the Hirer’s order under clause 10.2 above, then Willow Tree Events:

 

  • will, within three (3) Business Days of the Hirer being notified of the cancellation, refund all amounts paid by the Hirer to Willow Tree Events; and

 

  • will not be liable for any loss or damage that the Hirer may suffer, arising from, or caused or contributed by, Willow Tree Events’ cancellation under clause 10.

 

  1. Collection of Equipment

 

  • The Hirer must make all Equipment available to Willow Tree Events, as set up by Willow Tree Events, at the time of delivering and setting up the Equipment, for your event.

 

  • Unless otherwise agreed between Willow Tree Events and you, all Equipment must be made available to be picked up by Willow Tree Events at the Collection Time.

 

  • If for any reason Willow Tree Events are unable to gain access to the Delivery Address for collection of the Equipment, Willow Tree Events may charge an amount reasonably determined in its sole discretion to the Hirer for additional collection services, for each attempt to pick up the Equipment.

 

  • The Security Deposit will be repayable to you by Willow Tree Events only if, upon inspection of the hired Equipment, Willow Tree Events determines in is sole discretion that the Equipment is in a good condition, and that you have not materially breached this Agreement.

 

  • In the event that any items comprised in the Equipment are damaged or missing Willow Tree Events will be entitled to retain the Security Bond, or any portion of it. If the cost of repairing, replacing, or cleaning the equipment exceeds the Security Bond, the Hirer agrees to pay Willow Tree Events any further amount as set out in writing or by email to the Hirer immediately.

 

  • Willow Tree Events will, within three (3) Business Days of taking possession of all hired Equipment from the Hirer, refund the Security Bond to the Hirer’s nominated bank account.

 

  • The refund of the Security Bond, or any part of it, under clause 11.6 above is conditional upon the Equipment being in the same condition that it was supplied in.

 

  1. Refusal to Hire

 

12.1  Willow Tree Events reserves the right to refuse hire of the Equipment to any persons and for any reason.

 

13     Entire Agreement

 

13.1  The terms and conditions contained in this Agreement constitute the entire agreement between Willow Tree Events and the Hirer with respect to the Equipment provided by Willow Tree Events and shall not be amended, except in writing.

 

  1. Force Majeure

 

14.1  With the exceptions of any payment obligations, neither party shall be under any liability whatsoever for the consequences of any failure on its part to perform an obligation under this Agreement where delay is due directly or indirectly to any event of force majeure. “Events of Force Majeure” include any acts of God, war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, or any other event beyond its reasonable control.

 

14.2  If there is an event of force majeure, Willow Tree Events will notify the Hirer and the likely impact on its performance under this Agreement. If the event is affected by the capacity of Willow Tree Events to complete its material obligations under this Agreement in a timely manner, Willow Tree Events may by notice to the Hirer terminate this Agreement without any liability whatsoever on its part arising from such termination.

 

  1. Disputes

 

15.1  Both Willow Tree Events and the Hirer agree that any disputes arising from the hire and use of the Equipment (except concerning payment of fees or charges) shall be negotiated with a view to settlement.

 

  1. Governing Law

 

16.1  The terms of this Agreement shall be governed by the law of the State of Victoria and shall apply to any dispute arising out of this Agreement.