Wine Barrel 1Terms and Conditions
Definitions used in these Terms and Conditions of hire
“Equipment” means the items hired out by the owner to the hirer
“Hirer” means any person, company, corporation or government agency or its representative who shall hire equipment or engage the services from the owner
“Owner” means Outkast Hire ABN 82872340667
“Terms” means these terms and conditions
The hirer agrees that any cancellations will incur a $50 admin fee. Any bookings cancelled within 14 days of the hire date will incur 50% of the total hire charges or $50, which ever is higher. Bookings cancelled within 48 hours of the hire date, or no-shows, will be charged 100% of the hire charges. If equipment is not returned on the day of return then hire charges will apply based on the normal daily hire rate.
Set up of equipment
Unless agreed in writing, the owner is not responsible for the set up and removal of equipment.
The owner’s responsibility, prior to dispatch, is to ensure that all equipment for hire is thoroughly inspected, counted and cleaned.
The hirer accepts that the owner has the right to inspect the condition of the equipment at any time during the period of hire with or without the notification of the hirer.
The hirer agrees to cooperate fully with the owner at all times and shall indemnify the owner from any claims including trespass while exercising the owner’s right to inspect the equipment.
The equipment supplied for hire remains at all times the property of the owner.
The hirer agrees to maintain at its own expense, all appropriate insurance policies for theft and damage to the equipment hired in an amount not less than the full replacement cost of the equipment hired.
The hirer agrees to maintain at its own expense, all appropriate insurance policies for liability, property and casualty insurance cover in amounts necessary to fully protect the owner and its equipment against all claims, loss or damage.
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 damages or injury to persons, death, loss of income or damaged caused to the hirer or its property arising directly or indirectly out of the hire or use of the equipment by the hirer or these terms.
Acceptance of terms and conditions
The hirer hereby accepts the terms and conditions in its entirety and acknowledges that its acceptance is a requirement for the release of the equipment into the hirers care by the owner.
It is the Hirer’s responsibility to check all the equipment ordered for damages or discrepancies and shall in which case notify the owner within four hours of delivery or collection.
The hirer agrees that they are aware of the use for which the equipment is designed and will use the hired equipment only for the intended use.
When the hirer is content with the order, upon receipt of the equipment, they agree that the products are in good condition and adequate for the intended purpose.
The hirer also accepts responsibility for the equipment from the time of delivery or collection until the equipment is returned to the owner.
The hirer must assume the risk of and indemnify and hold the owner not responsible for any injury or property damage as a result of the use of the equipment.
The hirer shall use the equipment in a safe and proper manner and only for the purpose in which it was designed.
The hirer shall also ensure that the equipment is returned or left ready for collection in a clean and sound condition.
The hirer agrees to pay the owner’s hire charge, including a deposit if it is required by the owner, as well as any cost incurred due to damages or repairs to equipment as a result of the hirer in a manner specified by the owner.
Upon the owners satisfaction of the condition of the equipment once returned, the bond shall be returned to the hirer as soon as possible.
The owner reserves the right to amend or revise its rate or charges at any time without notice.
All costs including delivery fee and bond shall be paid to the owner before the equipment is delivered or collected.
Subsequent charges for any loss or damage of equipment shall be paid to the owner within seven days of receiving the invoice.
Loss or damage to equipment
If when returned to the owner, the equipment is found to be unclean, missing or in poor condition, the hirer accepts the owner’s right to withhold the full amount of the bond, or part thereof to the extent that any costs incurred by the owner to repair, clean or replace equipment are reimbursed.
If the cost to repair, clean or replace equipment exceeds the bond put forward, the hirer agrees to pay the outstanding balance within seven days of receipt of an invoice sent by the owner.
Any rips, holes, burns or unmovable stains using standard washing techniques to cushions will result in the hirer being charged the full replacement cost of the item.
Transport and removal
The hirer must not transport any equipment hired without written consent from the owner and subject to the owner’s approval of the manner of transportation.
The hirer must not remove the equipment from the agreed place of use without written consent from the owner unless transporting the goods back to the owner in a manner that has been approved by the owner.
If the owner is at any time unable to perform any of its obligations by reasons out of its control (including but not limited to acts of god, civil unrest, inclement weather, riots, military intervention or fire) the owner shall be relieved of its obligations as stated in these terms to the extent of which is effected by the force majeure and shall provide the hirer with a written notice to that effect.
The owner shall not be liable for any cost incurred by the hirer for any damages or loss as a result of the force majeure.