Copyright © 2018 Coffs Event Centre
When you hire one or more Items from us, be they
goods or services, you agree to do so under the
following conditions.
We, A V Corporate Pty. Ltd., ABN 12 093 111 749
and registered trading entities Coffs Event Centre,
WOW Functions and Balloons Plus or any one of
us, are the HIRER. The ITEM (including the plural
form) is what you hire. You (the person hiring ) are
the CLIENT. The HIRE INVOICE issued by the
Hirer is documentary evidence of the HIRE
transaction and grants the Client the right to use
but not abuse the Item. Hired items remain the
property of the Hirer at all times.
Hire Charge – The amounts shown on the Hire
Invoice and payable by the Client to hire the Item.
Hire Period – Means from commencement until
the end of the period shown on the Hire Invoice.
The Hire Period may only be extended for one or
more definite periods and in each case this can
only be done if the Client requests it and if the
Hirer agrees. The Hirer may issue and require the
Client to sign and pay an amended or an additional
Hire Invoice for any extension of the Hire Period.
Hire Invoice – Means a document which the Hirer
may require the Client to sign (or accept in a way
the Hirer requires) including particulars of the
Item and the Hire Period and such other
information as the Hirer may decide.
Remote Location – Any location which is more
than 50 kilometres by road from the Hirer Coffs
Harbour address.
1. CONSTRUCTION
These Hire Conditions apply to the exclusion of
any other conditions or representations made by
the Hirer or proposed by the Client. This
document and documents referred to by this
document, constitute the entire agreement
between Hirer and Client.
Any reference in this document to the singular
includes the plural and vice versa; and, the word
"including" means "including, but not limited to,"
and the word "includes" means "includes, without
limitation,".
All headings in this document have been inserted
for the purpose of ease of reference only. They do
not affect the meaning or interpretation of it.
These Hire Conditions may be amended or
updated at any time by the Hirer and changes will
only apply to Hire Invoices entered into after the
change occurs.
2. HIRE IS AT THE CLIENTS RISK
To the extent that the Australian Consumer Law
(or any other law which cannot be excluded) does
not apply. The Hirer makes no representations and
gives no warranties as to the suitability or
performance of the Item for the Clients purposes
and will not be liable to the Client for any
damages, costs or other liabilities whatsoever in
relation to the hiring of the Item by the Client
including claims for consequential loss or damage.
3. HIRE INVOICE
(a) Each Hire Invoice is not a separate contract but
forms a part of this hire agreement between the
Hirer and the Client, together with any other
contractual documents forming part of the hire
agreement.
(b) The client agrees to receive Hire Invoices and
all associated documentation by electronic means.
4. HIRE REFUSAL
The Hirer may in its absolute discretion decline to
hire any Item to any person if it chooses to do so.
5. THE HIRER WILL
(a) Allow the Client to take and use the Item for
the Hire Period.
(b) Provide the Item to the Client clean and in
good working order.
(c) On request - deliver, set-up, pack-down and
return Hire Items: the hirer will at the request of
the Client and for an additional charge to be
included in the Hire Invoice, deliver, set-up, and at
the conclusion of an event, pack-down and return
Hired Items. All other conditions of this contract
still apply.
6. THE CLIENT MUST
(a) Deliver the Item to the Hirer at or before the
end of the hire period.
(b) Return the Item to the Hirer clean, complete
as hired and in good repair.
(c) Satisfy itself at commencement of hire that the
Item is suitable for its purposes.
(d) Ensure the security of all Items the property of
the Hirer for the Hire Period.
(e) Ensure that all persons operate the Item safely,
strictly in accordance with the law, only for its
intended use, and in accordance with any
instructions supplied by the Hirer or posted on the
Item.
(f) Be responsible at its cost for daily
maintenance and care of any Item in its
possession.
(g) Safely secure all items loaded in or on the
Client’s vehicle, and indemnify the Hirer in respect
of any injury and/or damage caused by any Item or
part thereof falling from any vehicle or trailer
operated by or on behalf of the Client.
(h) Report and provide full details to the Hirer of
any accident or damage to the Item within two
business days of the accident or damage occurring.
7. THE CLIENT MUST NOT
(a) Tamper with, damage or repair the Item.
(b) Lose or part with possession of the Item or
part thereof.
(c) Rely upon any representation relating to the
Item or its operation other than those contained in
this Contract.
(d) Exceed the recommended or legal load and
capacity limits of the Item.
8. CLIENT INDEMNITY
The Client will Indemnify the Hirer for all injury
and/or damage caused or contributed to by the
Client to persons and property in relation to the
Item and its operation and ensure that any person
collecting or taking delivery of any Item on behalf
of the Client is authorised by the Client to do so
and the Client will not allege that any such person
is not so authorised.
9. PAYMENT BY THE CLIENT TO THE HIRER
(a) On or before Hire commencement or as
otherwise specifically agreed with the Hirer, the
Client will pay the Hire Charge as stated in the
Hire Invoice.
(b) Immediately on request by the Hirer, the
Client will pay:
•
the new list price of any Item which is for
whatever reason including fire flood or theft
not returned to the Hirer;
•
all costs incurred in cleaning and reinstating
the Item to the standard it was at time of hire
delivery;
•
the full cost of repairing any damage to the
Item caused or contributed to by the Client,
unless expressly agreed otherwise in this
contract;
•
stamp duties, GST, any other taxes or duties,
and all tolls, fines, penalties, levies or charges
payable in respect of this Contract or arising
from the Client’s use of the Item;
•
all costs incurred by the Hirer in recovering
possession of the Item;
•
Interest for late payment of amounts owing
by the client, at the pre-judgement interest
rate set by the Local Court of NSW from time
to time;
•
the cost of fuels and consumables provided
by the Hirer and not pre-paid or returned by
the Client;
•
any expenses and legal costs incurred by the
Hirer in enforcing this Contract due to the
Clients default including commission payable
to a commercial agent.
10. CREDIT CARD/DEBIT CARD OR OTHER
PAYMENT SYSTEMS
(a) The Hirer processes all card charges using the
secure payments system provided by the National
Australia Bank. Without limiting the ability of the
Hirer to recover all amounts owing to it, the Client
authorises the Hirer to charge any amounts owing
by the Client to any card or account details
provided to the Hirer by the Client.
(b) Bank details for Direct Deposits are provided
on Hire Invoices.
(c) This contract does not include any transaction
that secures payment or the performance of an
obligation by the registration of security interests
in personal property and The Personal Property
Securities Act 2009 does not apply.
11. REMOTE LOCATION HIRE
Where the Item is at any time hired by the Client
and located in any Remote Area and the Hirer is
required to attend on site the following charges
will also apply on a per attendance basis in
addition to all other obligations of the Client
under this contract.
(a) The Client will pay an additional Remote
Location Charge for any delivery, collection,
servicing and repair of the Item, and for any other
attendance at the Remote Location by the Hirer.
The Remote Location Charges will be calculated
on a per kilometre rate travelled by the Hirer staff
to and from the Remote Location, plus labour
costs per staff member per hour (including
travelling times) at the rate of $78 per hour plus
direct travelling cost including all airfares and
accommodation charges incurred by the Hirer and
its staff in connection with travel to and from the
Remote Location.
(b) Any Remote Location Charge covers multiple
Items hired by a Client, on the one site.
12. BREACH OF THIS HIRE CONTRACT
If the Client breaches any clause whatsoever of
this Contract and does not remedy the breach
within 7 days notice of the breach by electronic
email, or becomes bankrupt, insolvent or ceases
business then the Hirer shall be entitled to:
(a) terminate this Contract and retrieve the hired
Item and/or
(b) enter any premises where the Item is located
to do so and/or
(c) sue for recovery of all monies owing by the
Client.
The Client indemnifies the Hirer in respect of any
damages, costs or loss resulting from a breach by
the Client of any provision of this Contract.
12. GOVERNING LAW
The Hirer and the Client agree that this Contract
is governed by the law of the state of New South
Wales, and the parties submit to the jurisdiction of
the courts of that State.
13. PRIVACY
We the Hirer recognise the importance of your
personal privacy and will comply with the
Australian Privacy Principles in all dealings with
you the Client. Any information disclosed by you
to us will be used only to conduct day to day
business. Your personal details will not be passed
to any other individual or organisation except we
may refer selected details to third party suppliers
of products or services associated with your hire
order. We may use your details to initiate
communication on items of relevance. If you
decide you do not want to receive such material,
please inform us and we will be happy to remove
you from any circulation list.
You may request a copy of your personal
information we hold in our records. In most cases
this will simply be name, contact telephone and
contact email address. In some cases, in
accordance with the National Privacy Principals,
we may refuse to give you access to all information
we may hold related to your record. For example,
if giving you this information could impact on
other people’s privacy. Any refusal for access to
information will be given a reason.
From time to time, we may be required to change
this privacy policy. We reserve the right to do so
at any time. Any such changes will be notified
through this Website.
© Updated: 4/10/2018