Hire Agreement
Hire Agreement
This agreement is made between the Supplier; Kellett Gibson Pty Ltd, trading as the marquee hire co. (ACN 613 216 881) and the Hirer, as detailed on the confirmed booking. By confirming the booking, the Hirer acknowledges and agrees to be bound by these Terms and Conditions, and a legally binding agreement is formed from the date the booking is made.
The Hirer and each person using the equipment must:
- be at least 18 years of age; and
- warrant that they are able to safely use the equipment;
To the extent permitted by law, use of the equipment is at your own risk and the marquee hire co. is not liable for any damage or injury caused by the equipment, except to the extent that any damage or injury is caused by our wilful conduct or negligence.
To the extent permitted by law, if the equipment breaks down or is otherwise faulty or defective, the marquee hire co. liability will be limited to refunding an appropriate part of the hire fee or providing replacement hire equipment.
At all times ownership of the equipment remains with the marquee hire co. The Hirer may not transfer this contract to another party without written consent of Supplier.
1. Your personal Information
We require you to provide certain personal information, such as your name and contact details the time of booking. We collect and manage your personal information in accordance with our Privacy Policy. By providing your personal information to us, you consent to our Privacy Policy, which can be read here https://themarqueehireco.com.au/policies/privacy-policy.
2. Equipment Hired
The Supplier agrees to hire the equipment to the Hirer as specified in the booking confirmation.
3. Hire Period
The Supplier agrees to hire the equipment for a period as specified in the booking confirmation.
Equipment must be returned or available for collection by the agreed time unless otherwise arranged in writing.
4. Payment Terms
Full payment must be made prior to delivery or pickup, at the time of booking, unless otherwise agreed.
A security bond will be required at the time of booking.
The bond will be refunded within 3–5 business days after equipment is returned and inspected. Please note, depending on your bank, these can take several days to process.
By making a booking, the Hirer authorises for their credit card to be charged in the event that any equipment is lost, stolen, damaged, requires cleaning, if a booking is cancelled, not returned within the booking period or unable to be picked up at the agreed time.
The company/ and or person who has made a booking is liable for all payment.
5. Delivery and Collection
Delivery and collection of equipment are available between 8:00am and 4:00pm, seven days a week, excluding public holidays.
Deliveries are scheduled within a 4-hour delivery window, being 8:00am–12:00pm or 12:00pm–4:00pm. Your allocated delivery time window will be provided during the week of your event.
Requests for a specific delivery time, same-day delivery or collection, or deliveries outside standard delivery hours may incur an additional fee.
Subject to availability, equipment may be delivered up to 24 hours prior to the booking time or collected up to 24 hours after the booking time. The Hirer will be notified by email if this applies.
Any additional charges may be deducted from the bond, charged to the Hirer’s nominated credit card, or payable on the day of delivery.
If delivery is arranged:
- The Hirer must ensure safe, clear and legal access for delivery and collection.
- Someone over 18 years of age must be present to accept delivery at the nominated date and time. An additional delivery fee will be charged to re-deliver the equipment at another time.
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Delivery of all equipment is to ground level only. Additional charges may apply if the delivery location is more than 50 metres from where our vehicle can park, or if delivery involves stairs, steep inclines/declines, or access to upper levels of a building.
- The Hirer must advise us at the time of booking if any of these conditions apply. Failure to do so may result in additional charges or refusal of delivery.
- Any additional charges will be deducted from the bond, charged to the Hirer’s credit card, or payable in cash on the day of delivery.
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If you do not return the equipment by the agreed return date, fail to enable clear and unobstructed access at the agreed collection time and date, provide incorrect information or unsafe conditions, the marquee hire co is entitled to:
- contact the relevant authorities in order to enter your premises to recover the equipment; or
- charge you the cost of the equipment OR
- charge a half day charge for up to 4 hours late / full day charge for 4 to 24 hours late
6. Responsibility for Equipment
The Hirer accepts full responsibility for the equipment from the time of:
- Delivery OR
- Collection by the Hirer
until the equipment is returned or collected and inspected by the Supplier.
The Hirer agrees to:
- Use the equipment safely and correctly and for its intended purpose
- Keep equipment protected from weather and damage
- Not remove equipment from the agreed location
- Not sub-hire or lend equipment to another party
- Not misuse the equipment
- Not modify, repair or change the equipment
- Return the equipment clean and in good working order
- Ensure the equipment is installed on level and even ground
The Hirer must ensure that the equipment hired is suitable for the intended purpose. We reserve the right to refuse or cancel the hire of equipment where we suspect the equipment may be used for an illegal or anti-social purpose.
You indemnify the marquee hire co for any costs, damages or claims arising from your use of the equipment in breach of these terms and conditions.
7. Damage, Loss or Theft
The Hirer agrees to pay the full replacement cost or repair cost if equipment is:
- Damaged
- Broken
- Lost
- Stolen
- Destroyed by misuse or negligence
Final replacement costs will be determined by the Supplier.
8. Cleaning Fees
All equipment must be returned clean and in the same condition it was supplied.
Cleaning charges may apply if equipment is returned:
- Dirty
- With food waste
- With tape, decorations, or residue attached
Cleaning fee: $50 – $200 depending on equipment condition.
9. Late Return Fees:
If equipment is not returned or available for collection by the agreed time:
- A late fee will be charged at a half day charge for up to 4 hours late / full day charge for 4 to 24 hours late.
- If equipment is more than 3 days overdue, it may be considered lost, and full replacement cost will be charged.
10. Weather Policy (Outdoor Equipment)
For items such as:
- Marquees
- Inflatables
- Outdoor furniture
- Decorations
The Hirer must ensure safe use during weather conditions.
The Supplier reserves the right to cancel or remove equipment if weather conditions create a safety risk including:
- High winds
- Heavy rain
- Hail
- Storm warnings and extreme thunderstorms
- Flooding
- Earthquake
If we are unable to complete delivery at a later on the scheduled event date, we will arrange delivery on the next available day.
If the event must be cancelled as a result one of the above events and cannot be rescheduled, a credit equal to 50% of the original booking value may be issued for use on a future booking.
Any credit granted by management must be used within six (6) months of the original booking date.
No refunds will be provided if equipment has already been delivered and weather conditions change.
11. Setup and Safety
The Hirer must not:
- Modify or dismantle equipment
- Move large items such as marquees once installed
- Use equipment in a dangerous or unsafe manner
If equipment is moved or altered without permission, the Hirer becomes fully liable for damage or injury.
The Hirer is responsible for ensuring that the location where the equipment will be installed and used is on level and even ground.
If this condition is not met, the Supplier reserves the right to refuse installation or cancel the booking. Additional charges may apply where the setup location is unsuitable or where improper use of the equipment may result in damage.
If installation of equipment is required, this service can be provided for an additional fee and must be requested at the time of booking.
The Hirer acknowledges that they have the appropriate knowledge to safely operate and handle the equipment, will comply with all OH&S requirements, and agrees that the Supplier is not liable for any injury to themselves or others that may occur while moving, handling, or setting up the equipment.
12. Cancelation Policy
Cancellations 7 days or more before the event may receive a full refund.
Cancellations within 7 days may result in loss of deposit.
Cancellations within 48 hours may be charged the full hire fee.
By providing your credit card details, you give permission for our company to charge the card for any cancelled bookings.