STANDARD TERMS AND CONDITIONS
1) Byron PA Hire is a subsidiary of 'JS & ES PTY LTD' and reserves the right to refuse service to a client without explanation.
2) All hire goods remain the property of Byron PA Hire at all times. Byron PA Hire retains the rights to alter, vary or substitute any item without notice. All goods are subject to stock availability.
3) Prices-Unless otherwise indicated, all pricing is exclusive of GST. Prices are for duration of a 24 hour period and not exceeding this 24 hour period.
4) Penalty fees may apply for hires that are returned later than the standard 24 hour hire period.
5) Payments-Payment must be made prior to event or on delivery. Payment can be made either via credit card or bank transfer or COD. If payment is made via bank transfer payment must be made within 24 hours of the event and a copy of the payment receipt must be emailed to firstname.lastname@example.org
6) Cancellations - All goods or services cancelled after delivery will be charged at full rate. Goods and services cancelled less than 48 hours prior to event but not installed or utilised will be charged at full rate, but credit will be given in these circumstances. Any cancellations due to any Covid related lockdowns or restrictions whatsoever will receive a credit for the hire to be used within one year from the time of cancellation.
7) Claims- Any claims relating to the quality of goods and/or services provided must be made at the time of delivery to hirer or at the time the hirer collects the equipment. No discussions will be entered into after the event has finished or closed.
1) Definitions-“Equipment” means the items hired out by the owner to the hirer. “Hirer” means any persons who requests the Owner to hire equipment to it including it’s employees and agents. “Owners” means ‘ JS & ES PTY LTD ’ ABN 18 610 546 640 T/A Bondi PA Hire and Audio Visual, its employees and agents. “Terms” means these terms and conditions
2) Terms Of Payment-The hirer agrees to pay the Owners hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy or other expenses paid or payable by the Owner.
If not otherwise specified by the owner in writing all hiring charges including taxes and duties are to be paid prior to delivery of the equipment. The hirer agrees to provide the owner with the hirer’s credit card number, expiry date and any other information which may be necessary to debit the hirers credit card prior to the delivery of the equipment or the hirer will pay via cash or direct deposit into the owner’s bank account prior to delivery of equipment.
Subsequent charges for loss, damage, repairs, or other expenses are to be paid within 7 days of the relevant invoice. The hirer hereby authorises the owner to debit the hirer’s credit card with the amount shown on the relevant invoice if the hirer has not paid the amount shown on the relevant invoice within 7 days of the
date of the relevant invoice.
The hirer agrees to pay any expenses incurred or loss suffered by the owner as a result of breach of the hirer of its obligation pursuant to these terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by the owner, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the hirer, whether for debt, possession of any equipment or otherwise.
The hirer acknowledges and agrees that the owner may pay a rebate, commission or other financial benefit to event organisers or like suppliers in connection with the hiring of the equipment to the hirer.
3) Credit Card Payment-The owner may, in addition to the price, charge a 3% credit card fee for payment by a credit card.
4) Termination of Hire- The owner at its discretion may notwithstanding the specified period of hire and notwithstanding any waiver of any previous default by the hirer forthwith terminate this Agreement with or without notice to the hirer and re-possess the equipment in any of the following events;
A) If the hirer shall fail to pay any hiring charges within 2 days of the due date of such payment
B) If the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment are or may be prejudiced.
C) If the hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a hirer being a limited company, should any order be made or resolution passed for the winding up of such a company or an Administrator, receiver or Manager be appointed
D) If the hirer commits any breach of this agreement. For the purpose of repossessing the equipment, the owner may enter into or upon any premises where the equipment may be without prejudice to the rights of the owner to recover from the hirer any moneys due hereunder or any damages for breach thereof and so far as allowed by law the hirer indemnifies the owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
5) The Hirers Obligations- The hirer will;
A) Bear responsibility for the equipment hired from the time of its departure from the owner delivery until collection by or return to the owner
B) 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 hirer
acknowledges that it has duly examined the equipment and has satisfied itself as required.
The hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the owner in respect of the equipment, its purpose, suitability or performance. Should the hirer alter its
installation or delivery requirements prior to, during, or after installation or delivery, the hirer is liable for all extra costs of the owner’s employees and cartage.
C) Assume the risk of and indemnify and hold the owner harmless from and
against any and all property damage and personal injury resulting from: i) The use of equipment ii) Contact with underground cables, pipes, services or other obstructions; iii) All necessary surface repairs
D) Use the equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed.
6) Loss or Damage To Equipment- If the equipment is lost, breaks down or is damaged, the hirer must immediately notify the owner of the details.
Notification shall not absolve the hirer from its obligations under these terms. In the event that the equipment breaks down or becomes unsafe to use, the hirer shall immediately stop using the equipment and take all necessary steps to prevent the equipment from sustaining any further damage.
The hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the equipment and must not repair or attempt to repair the equipment without the owner’s prior written consent.
If the equipment is lost or damaged and the loss of or damage to the equipment is caused by negligence or willful acts of the hirer or the breach of any of these terms by the hirer, the hirer shall without limitations be liable for the following;
A) Any cost incurred by the owner in repairing or replacing the equipment;
B) Hire charges for the equipment until the hire equipment is replaced or repaired;
C) Any other costs whatsoever incurred or loss suffered by the owner as a result of damage to or loss of the equipment
7) Release and Indemnity- The hirer hereby releases the owner from and agrees to indemnify the owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the equipment by the hirer or these terms.
8) Insurance – The hirer will maintain at its own expense all appropriate policies of insurance. A) For theft and damage to the equipment hired in the amount not less than the full replacement cost of the equipment B) For liability, property and casualty insurance coverage in amounts necessary to fully protect the owner and its equipment against all claims, loss or damage whatsoever
9) Price list – Any price list published by the owner may be changed without notice
10) Delivery, pickup and drop off Terms - In most cases we will try to deliver at the time nominated by you. In circumstances (such as busy periods) that we can't we will give you a 2-3 hour window for delivery or will arrange pick up the day after if required/possible
Please note.... extra charges may apply for:
A) Difficult delivery locations with loading docks and/or limited street parking
B) Deliveries that have stair access only
C) Deliveries that may require more than one person for a setup (such as a large TV screen which requires 2 people)
D) Deliveries that may have a large quantity or that contain overly heavy items
With time specific pickups and drop offs we will alway endeavour to be at your nominated location at the stated time and we will give you a contact for your driver so you can communicate with them directly.
With time specific pickups and drop offs:
A) Sunday Delivery and/or Pickups incur an additional $75 charge
B) Pickups after 6pm and before 8am Mon-Fri are classified as after hours pickups and also incur an extra $75 charge.
10.1 Out of hours Deliveries, Drop offs or pickups
Our normal operating hours are as follows: Mon - Fri 9am-5pm, Sat 10am-4pm and Sundays closed. If you wish to return out of hours, this can be arranged PRIOR to the day you wish to return. There is no point of contact on Sunday’s or after 5pm Mon-Fri should you wish to return that day or after this time without prior arrangement.
Please note, there is a $75 surcharge if you wish to return out of hours and this must be paid in advance or at the time of booking - also, after hours pickup cannot be arranged on a Sunday if you are booking on a Saturday as we need at least 48 hours notice of your intent to arrange an out of hours drop off/pickup
Pickup and Drop off times are completely discretionary and are based on the availability of staff members of Bondi PA Hire and in no way are based on our opening hours. Please consider this when hiring from us.
Please note that normal penalty charges may apply for late returns so we respectfully ask that you consider the most appropriate time for return before you hire and ask that you note that our operating hours DO NOT indicate availability for you to drop off and pick up.