Terms and Conditions
- Definitions. In these terms the following terms have the following meanings:
“Owner” means the company which supplies the Equipment to the Hirer, being Memphis Hire Pty Ltd; ABN 20 611 991 327
“Hirer” means the person hiring the Equipment from the Owner;
“Equipment” means all properties which the owner agrees to hire to the Hirer;
“Hire Period” means the period for which the Equipment is hired, as shown on the Booking or Invoice or subsequently agreed between the Owner and Hirer;
“Order” means the Equipment requested by the Hirer;
“Booking” means the confirmation given to the Hirer once the Order has been accepted by the Owner;
“Invoice” means Tax Invoice
“Site” means the place at which the Equipment is delivered to or installed by the Owner;
“Price” means the price for hiring the Equipment, as shown on the Booking or Invoice or subsequently agreed between the Owner and Hirer;
“Terms” means these Terms and Conditions
- Hire. The Hirer hires the Equipment from the Owner for the Hire Period for the Price.
- Ordering and Acceptance. The Hirer may request to hire the Equipment by submitting an Order to the Owner. The Owner accepts the Order when it communicates acceptance to the Hirer by providing a Booking and the Hirer has paid a deposit.
- Prices. Prices contained on our price list are for the hiring of the Equipment for the Hire Period. It does not include delivery, pick-up, preparation of the Site, installation, dismantling unless as otherwise stated.
- Price Lists. Any price lists published by the Owner may be changed without notice.
- GST and Stamp Duty. All published prices include GST and Stamp Duty
- Payment. The Price will be paid as follows:
(a) 100% on acceptance of the Order by the Owner if;
(i) The Price is less than $100.00
(ii) The Order is placed by the Hirer within 14 days of the commencement of the Hire Period; or
(b) 30% non-refundable deposit on acceptance of the Order by the Owner, and;
(c) The balance 14 days prior to commencement of the Hire Period; or
(d) 100% within 14 days of commencement of Hire Period for approved account holders.
The Owner is not obliged to deliver possession of the Equipment to the Hirer until funds given in payment of the Price are cleared.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
- Payment Methods. The preferred method of payment is Direct Deposit, Visa or Mastercard. The Owner will accept cash payments at the Owners premise, during published office hours. The Owner will accept cheque payments no less than 14 business days prior to the commencement of the Hire Period.
- Security. The Hirer must provide a current drivers licence and credit card prior to the commencement of the Hire Period. The Owner will not process any amount to the credit card unless the Hirer hasn’t complied with Term 20. Return of Equipment
- Bond. If requested by the Owner the Hirer must pay a security bond equal to 10% of the Price. The Owner may apply so much of the bond as is necessary to compensate the Owner for any breach by the Hirer of these Terms, or any damage or loss sustained in respect of the Equipment. The balance, if any is refundable to the Hirer.
- Additional Costs. The Hirer must pay to the Owner in addition to the Price, all costs incurred by the Owner (including labour costs):
(a) For delivery and pick-up of the Equipment, including additional costs for delivery to other than street level;
(b) For installation and dismantling of the Equipment;
(c) For providing any service to the Hirer outside of ordinary work hours, on weekends or public holidays;
(d) For design, consultancy and other similar services provided in connection with the Hire of the Equipment or the Hirer’s event;
(e) If the Site is not adequately prepared for delivery and/or installation of the Equipment;
(f) If the Owner cannot obtain access to the Site at the agreed time;
(g) Arising from a failure of the Hirer, or Hirer’s representative to be in attendance at the agreed time for delivery or pick up of the Equipment;
(h) Arising from a variation to the Booking;
(i) In cleaning the Equipment where it has been returned in an unclean state;
(j) For service calls to the Site during the Hire Period;
(k) For Site inspections;
(l) For replacement of any Equipment not returned by the Hirer at the end of the Hire Period.
If any costs referred to in this clause are ascertainable before the Hire Period commences, they must be paid before that time.
- Delivery. The Hirer must provide the Owner with clear delivery, installation and pick up instructions at least 7 days prior to the commencement of the Hire Period. These instructions must include the date, time, place and name of the Hirer’s representative who will receive and return the Equipment.
- Preparation of Site. The Hirer must prepare the Site to the Owner’s satisfaction for delivery, installation, dismantling and pick up of the Equipment. This includes, but not limited to ensuring the Site is accessible, removing obstacles, and ensuring the Site is safe.
- Substitution of Equipment. The Owner may substitute the Equipment with equipment of a similar type without liability to the Hirer.
- Instructions. The Hirer acknowledges that it has received instructions in the use of the Equipment, that it understands those instructions, and will comply with them. Equipment instructions can also be found on our website www.memphishire.com.au
- Limited Warranty. The Owner gives no warranty that the Equipment is fit for the purpose required by the Hirer. The Hirer must satisfy itself as to this.
- Risk. The Equipment is at the risk of the Hirer during the Hire Period and at all times during which it is on the Site or in the Hirer’s possession. The Hirer must take reasonable care of the Equipment.
- Indemnity. The Hirer hereby releases the Owner, and agrees to indemnify the Owner and the Owner’s employees and agents, from all damages in respect of any, action, 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.
- Cancellation and Early Return. If the Hirer cancels the Booking;
(a) More than 14 days prior to the commencement of the Hire Period:
(i) The Owner will retain the initial 30% deposit as liquidated damages and no other monies will be payable by the Hirer.
(ii) If the Hirer has paid more than the required deposit and requires a refund, a $22 Refund Servicing Fee will be retained by the Owner and the balance, if any is refundable to the Hirer.
(b) Within 14 days of the commencements of the Hire Period, the Hirer will receive no refund. The Hirer must pay the full Price to the Owner as liquidated damages. The Hirer is not entitled to any refund of the Price if it returns the Equipment before the Hire Period ends or the Hirer fails to accept delivery of the Equipment.
- Return of Equipment. The Hirer must return the Equipment to the Owner before 12.00pm on the last day of the Hire Period. Where the Owner is collecting the Equipment from the Hirer, the Owner must have the Equipment ready for collection on the last day of the Hire Period in accordance with the pick-up instructions. The Equipment must be returned clean, in good repair, properly stacked and packed in its original packaging, and otherwise ready for transit or storage.
- Damage to Equipment. The Hirer must compensate the Owner for the replacement cost of any Equipment which is damaged, lost or stolen during the Hire Period or at any time during which it is in the Hirer’s possession. The Hirer must also compensate the Owner for any other loss or expense it incurs as a result of such events.
- Non-Returns. If the Hirer does not return the Equipment by the end of the Hire Period, and the Hirer has not complied with Term 21: Damage of Equipment, the Hirer will be charged 50% of the Price for each day the Equipment is not returned. If the Hirer has not returned the Equipment, or paid the additional costs as requested by the Owner within 7 days of the end of the Hire Period, the Equipment will be considered stolen and the Hirer reported to Police.