TERMS AND CONDITIONS OF HIRE

1.                    Definition:  "THE COMPANY" means Forsyth Coffee & Tea ABN 84708771694, their sub-contractors andAgents.  "THE HIRER" means the person, company or agent of The Hirer, hiring "The Equipment" from "The Company".  "THE EQUIPMENT" means the goods hired for the function, event or purpose, for which the goods are to be used.  "THE AGREEMENT" means the Hire Agreement or Hire Contract / Tax Invoice between "The Company" and "The Hirere".

2.                    Agreement:  The Company will issue The Agreement for hire goods, which The Hirer or agent of The Hirer, will sign upon receipt of The Equipment and pay the total invoice amount if prepayment has not been made.  If signed by an agent of The Hirer, he warrants that he has authority for and on behalf of The Hirer.  By signing this agreement, on the reverse, The Hirer agrees to have read all the Terms & Conditions on this side of the Hire Contract / Tax Invoice.

3.                    Payment:  Unless The Hirer has an account with us, payment is due prior to or on delivery / collection.  The Company reserves the right to withhold delivery if payment has not been received prior to or on delivery.  An extra delivery charge will apply should The Company have the need to redeliver as a result of non-payment on delivery.  Payment is accepted by Cash, Cheque.  We accept Visa, Mastercard and Bankcard without surcharge.  Payment by American Express attracts a 2.2% surcharge to cover additional merchant fees.  A credit card or cash security deposit is required on placement of all hire orders.  The Hirer authorizes The Company to deduct any additional charges from the security deposit, and if insufficient, to pay The Hirer without delay.  Refer below to point 5.

4.                   Hiring Charges:  Notwithstanding anything herein contained, hiring charges shall commence from the commencement period hired, not time used.  If The Hirer wishes to extend the hire period he must advise The Company, prior to completion of the hire period.  All hire charges are quoted inclusive of GST and payable in advance.  State Government Stamp Duty of 1.5% is additional and applicable to all hire charges.  The hire rates listed or quoted are for 1 day or 2 day weekend hire.  Long term hire rates are by arrangement with The Company.  Hire charges are subject to change without notice, unless a quote has been given by The Company.

5.                   Cancellation:  If The Hirer cancels the Agreement prior to the commencement date of the hire period, then the Company reserves the right to charge the following:  4 weeks notice or more by The Hirer, no charge; 1 week notice, 50% of the security deposit; up to 2 days notice 50% of the hire charge; and on the day of delivery / collection 100% of the hire charge.  For change of hire details (ie: time, date, venue) at least two days notice must be given for alternate arrangements to be made.

6.                   Delivery and Pick Up:  Delivery and pick up charges an additional $40 .  Quoted charges are for the delivery suburb and for standard level access of 10 metres to the delivery point from the delivery vehicle.  The Company reserves the right to charge The Hirer extra for difficult access which has not been advised, quoted or known of until on site.  Difficult access is defined as time consuming factors such as long carry, many stairs, obstructions, uneven ground, narrow passage etc.  Waiting time is also chargeable.  These extra charges will be applied to the invoice as “Labor”@ the rate of $33 per man hour (including GST), based on the extra time spent in completing the delivery / pick up function and this Labor charge will be payable by The Hirer on amendment to the Hire Contract/Tax Invoice.

7.                   Position of Delivered Equipment / Site: Whenever possible The Hirer shall have a representative on site at the time of delivery or erection of equipment.  The Hirer shall ensure that the site is served by a firm access road and that the site is firm, level, free from flooding, trees, ground and overhead obstructions.  The Hirer is responsible for indicating clearly the location of any overhead or underground pipes, wires or other conduits or services which might suffer damage occasioned by the transport, erection, or dismantling of The Equipment, it shall not be liable for any damage or loss to the site, site access, plants, overhead or underground conduits or services occasioned thereby, and The Hirer shall indemnify The Company from and against all actions, claims, costs, demands and liabilities in connection therewith.  Any resulting additional costs, including reasonably incurred legal costs by The Company, shall be paid by The Hirer.

8.                   Use of Equipment:  The Hirer shall check as soon as practicable the quantity of all hired items against the invoice and should any discrepancy exist advise, The Company immediately of such discrepancy.  Advise after the function will not be considered as advice of any discrepancy.  The Hirer shall exercise skill and care when using and transporting the equipment.  If at any time during the hire period The Hirer considers the equipment to be faulty, it is The Hirer’s responsibility to contact The Company in the first instance by telephone or in person and report the problem.  Failure to do so, or advice after use, will cause The Hirer to be responsible for all hire charges under the terms of The Agreement.  The Company reserves the right to repair or replace the faulty equipment as soon as practicable during the hire period to the satisfaction of The Hirer.  On no account should The Hirer attempt to repair The Equipment without prior consent of The Company.  In the event that such failure is caused by reasonable wear and tear and not The Hirer’s negligence or misuse or any other reason whatsoever, then upon such return of The Equipment, the hire charges shall be determined by The Company and charged accordingly.  Call out charges based on time taken will be charged to The Hirer, relative to the time of day, if the equipment is proven to be satisfactory by The Company and not faulty as claimed by The Hirer.  In no event shall The Company be responsible for any expenditure, damages or consequential loss incurred by The Hirer, invitees, agents or assigns arising out of any failure of the equipment whether caused by fair wear and tear or negligence on the part of the Company or for any other reason whatsoever.  The Hirer shall on completion of the hire period, ensure that the equipment is packed securely in all the boxes, crates and containers in which the equipment was received when delivered or collected. NO HIRED EQUIPMENT IS TO BE USED NOT WITHIN THE AGREED HIRE TIME AND WITHOUT A TRAINED BARISTA PRESENT.

9.                   Insurance:  Insurance is The Hirer’s responsibility during the hire period.  The Hirer is responsible for the security of the equipment at all times during the hire period.  Any lost, broken, damaged or destroyed equipment will be charged to The Hirer, at full replacement value, fair wear and tear expected.

10.              Liability to Third Parties:  The Company will not be liable for any claim for personal injury, death, loss or damage to property howsoever caused unless it is proved that such injury was caused by faulty material, workmanship or negligence on the part of the company.

11.              The Company's decision is final in all matters relating to these terms and conditions of hire.

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