Terms and Conditions of Rental
Client is the person hiring the Equipment from the Company
Client Confirmation Form is the form issued by the Company to the Client containing details of the Equipment, Period of Rental and Rental Charge Company means Solander Pastoral Holdings Pty Ltd (trading as TipiKata) Equipment is the equipment specified on the Client Confirmation Form
Invoice is the invoice issued by the Company to the Client in relation to the Rental Charge
Period of Rental is the period between completing the setup of the Equipment and beginning the pack down
Rental Charge is the amount payable by the Client to the Company as specified on the Invoice
Unless agreed otherwise in writing all orders are accepted subject to these Terms and Conditions and the Client, by allowing the setup to commence, is deemed to have agreed to these Terms and Conditions.
2. THE COMPANY UNDERTAKES:
a) to deliver the Equipment and proceed to erect it on or before the setup date specified on the Client Confirmation Form.
b) to dismantle and remove the Equipment from the site on or after the pack down date specified on the Client Confirmation Form.
3. THE CLIENT UNDERTAKES:
a) to pay the amounts specified by the dates set out in the Invoice. The Company reserves the right not to provide the Equipment should payment not be received.
b) to pay interest on all monies outstanding at the rate of 4% per annum above the Company’s current borrowing rate.
c) to provide the Company with either a plan showing the position in which the Equipment is to be erected and all underground services and any apparent obstacles or to make available a representative on the site on the day of setup for that purpose. In the absence of either then the Company mat direct its employees to leave the site or to erect the Equipment where it thinks fit. In any event, the Client and not the Company will be responsible for any damage to underground cables or pipes.
d) to obtain permits from any authorities who are or may be concerned and to make application where necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Client.
e) where required, to obtain a license or permit from the Local Authority. Any requirements under such license or permit must be notified to the Company in writing, at least 28 days prior to setup. Should the Company for any reason be unable to comply with these requirements, then the Client shall be notified and the Contract shall be deemed to have been cancelled by the Client.
f) if any part of the Equipment includes electrical apparatus, to provide such power points or supply as may be reasonably required by the Company within 20 metres of the Equipment
g) not to enter the Equipment while it is being erected or dismantled by the Company.
h) to keep any part of the Equipment that is a tent completely closed and secure and in particular any door fastened when not in use.
i) To provide appropriate security personnel to ensure the safety and security of all Equipment during the Period of Rental (including overnight security personnel where the Equipment is installed on or adjacent to public property)
j) not to use any lighting, heating, cooking or other gas or electrical appliances of any kind in or adjacent to the Equipment without the prior written consent of the Company
k) not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company
l) not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.
a) The Rental Charge is based on the assumptions that:
1. the Client provides a firm and level site of turf (or other material not impervious to stakes and able to absorb rainwater) and is served by a firm access road adjacent to the site with adequate hard- standing for commercial vehicles; and
2. the site is free from flooding, trees and overhead obstruction.
If this is not the case, or if the Client wishes the Company to erect the Equipment in a different position to that indicated at the time of booking and, in either event, the costs of the setup and or pack down are increased by reason of increased labour costs or for any other factor, the Company may increase the Rental Charge and the Client will pay such increased charges, in accordance with the Company’s prevailing price list and applicable hourly labour rates.
b) The Company will use all reasonable endeavours to supply the Client with the Equipment but where this is not possible the Company will notify the Client as soon as possible with any alterations to the design and specifications of the Equipment. Where the Company is unable to substitute reasonably comparable Equipment the Client may terminate the booking and any amounts paid will be refunded.
5. LOSS OR DAMAGE OR EXCESSIVE SOILING
a) The Client shall throughout the Period of Rental be responsible for the maintenance and safe custody of the Equipment.
b) The Client must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or defective Equipment before use.
c) Subject to the terms of any applicable insurance, the Client shall be responsible for and indemnify the Company against any loss of or damage to all Equipment whatsoever the cause.
d) The Client must provide to the Company proof of having arranged insurance in their name for the Equipment at least seven days prior to the delivery date of the Equipment.
e) Upon payment of the Damage Waiver Fee referred to on the Client Confirmation Form then clause 5d will not apply but the Client will remain responsible for the first $650 of any loss and for any loss or damage resulting from their negligent act or omission.
a) The Rental Charge does not include the cost of and the Company will not be liable for any make good or repairs to the site unless directly caused by the negligence of the Company’s employees, agents or contractors.
Providing that the Company will not be liable for any indirect or consequential losses arising through any such negligence.
b) All sums payable under this agreement unless otherwise stated are exclusive of GST and other duties or taxes. Any GST or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.
a) Either party shall have the right to terminate this Contract without penalty within seven days from the date of the deposit payment, subject to written confirmation of such termination being given by one party to the other within such period. In the event of such termination by either party the Company shall refund to the Client all sums paid by the Client to the Company by way of deposit or otherwise.
b) Once the seven days referred to in the preceding clause has passed cancellation by the Client will incur a cancellation fee equal to 50% of the Rental Charge (and the deposit will be credited to the amount payable) save that if it is cancelled within 28 days prior to the setup date shown on the Client Confirmation Form the cancellation charge payable to the Company will be the Rental Charge.
c) If the Client cancels pursuant to the preceding clause and the Company is able to re-let the Equipment then the Client shall not pay the full cancellation charge but an administration charge based on the costs incurred by the Company in re- letting the Equipment which in any event shall not exceed 25% of the Rental Charge.
8. EXCLUSION OF LIABILITY
a) The Company will make every effort to complete the erection of the Equipment on or before the setup date shown on the Client Confirmation Form provided that the Client has complied with the undertakings set out above. If the Equipment is not erected on or before the setup date the Client shall have the right to cancel the booking and the Company shall refund all monies paid. If the Equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control the Company shall not be liable to refund any rental payments to the Client.
The Company will take all reasonable care to avoid damage to the Clients’ own equipment but cannot be responsible for any loss suffered by the Client in respect thereof other than any direct loss arising as a result of the negligence of the Company’s employees, agents or contractors. Provided that the Company will not be liable for any indirect or consequential losses arising through any such negligence.
9. THIRD PARTY LIABILITY
The Company will not be responsible for and the Client will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved, and then only to the extent, that such injury or damage was caused by faulty material or workmanship or negligence on the part of the Company.