Terms and Conditions
Andre’s Hire Services Pty Ltd – Terms and Conditions of Hire
1. DEFINITION: ‘THE COMPANY’ means Andre’s Hire Services Pty Ltd, ABN 70 120 270 840, their sub-contractors, agents and authorised employees. ‘THE HIRER’ means the person, company or agent of The Hirer on the tax invoice hiring the equipment from The Company. The person who signs for the equipment warrants that they have the authority of the Hirer to sign for on their behalf. ‘THE EQUIPMENT’ means the goods hired as they appear on the tax invoice, 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 Hirer of The Equipment.
2. AGREEMENT: The Company will issue The Agreement for the hire goods, which The Hirer or agent of the Hirer, will sign prior to or 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, this warrants that they have the authority for and on behalf of the The Hirer. By making payment for The Equipment, The Hirer agrees to have read, understood and be bound by the Terms and Conditions.
3. GENERAL: All equipment hire is subject to the ‘Terms and Conditions of Hire’ as printed hereon and on the Andre’s Hire website, www.andreshire.com.au. They will bind The Hirer.
4. Deposit: All Hirers, unless prior arrangements are made, are required to offer a valid credit card as security and to reserve hire equipment exclusively, and The Hirer authorizes The Company to action any charges on that credit card given as security, in accordance with the Company’s cancellation and postponement policy. Refer below to points 7 and 8. At least 1 week prior to the delivery date, The Hirer is required to pay a security deposit of 50% of the hire amount to reserve equipment exclusively. Exception to this, is within the dates 1November to 31 December of any year, payment is required 2 weeks prior to delivery.
5. PAYMENT: Unless The Hirer has an account with us, payment is due prior to our delivery or upon collection of the goods. The Company reserves the right to withhold delivery if payment has not been received prior to delivery. An extra delivery charge will apply should The Company have the need to redeliver as a result of non-payment on delivery. Payment methods include cash, cheque, Amex, Visa, MasterCard or Diners. If Amex or Diners is used this will incur a 4.4% administration fee. If an Company Visa or Mastercard is used, this will incur and administration fee of 2.2%. The Hirer authorises The Company to deduct hire charges and any additional charges from the credit card. Refer to cancellation conditions below.
6. HIRING CHARGES: Hiring charges shall be incurred from the commencement of the period of hire and shall continue until completion of the period of hire as stated on the Tax Invoice / agreement. The charges are for the period hired, not time used. Equipment not returned within the date periods specified herein shall be charged at the Company Hire Rate as follows. The hire rates listed or quoted are as per the quotation or tax invoice. Hire charges are subject to change without notice. If The Hirer wishes to extend the hire period they must advise The Company, prior to completion to the hire period, unless agreeable arrangements have been entered into. Payment for the extended period of hire must be paid in advance up to and including the time when The Hirer advises The Company that the hire period has ended and then returns or arranges for the equipment to be picked up from the delivery site (or otherwise agreed location). Misplaced items will be charged at replacement value as the return date stated on the Tax Invoice / contract. Hire equipment and services provided are subject to 10% GST.
7. POSTPONEMENT: If The Hirer chooses to postpone the hire of equipment, charges shall apply as stated in ‘CANCELLATION’ listed below.
8. CANCELLATION: If The Hirer cancels The Agreement prior to the commencement of the stated delivery date, then The Company reserves the right to charge the following as a percentage of the figure appearing on the Tax Invoice, and as stated as follows: Outside 30 days, no charge; 8 – 30 days notice, 35% of the hire total; 3 – 7 days, 50% of the hire total; 1 – 2 days notice 75% of the hire total; and on the day of delivery/collection 100% of the invoice total.
9. ALTERATIONS: If The Hirer reduces the quantity of Hire items within 30 days of the delivery date, The Company reserves the right to charge for the reduction at the percentages stated in ‘CANCELLATION’ (Relevant to the total Hire).
10. DELIVERY AND PICK UP: Delivery and pick up charges are extra. Quoted charges are for the delivery suburb and for standard level access of 20 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 shown as “Labour” at the rate of $44 per man hour (including GST) and are based on the “extra” time spent in completing the delivery / pick up process. Specific timing requests for delivery / pick up may incur extra charges. These charges will be payable by The Hirer on amendment of the Tax Invoice / Hire Contract.
11. POSITIONING OF EQUIPMENT DELIVERED: Although The Company will endeavour to take every care when delivering, installing, dismantling and picking up equipment, it shall not be liable for any damage or loss to the site, site access or plants 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.
12. USE OF EQUIPMENT: The Hirer shall check as soon as practical the quantity of all hired items against the Tax Invoice and should any discrepancy exist, advise The Company immediately of such discrepancy. Phone 9963-3627 to advise discrepancies. Advice after the function will be not be considered as advice of any discrepancy. Damage to Hire Equipment during use or transportation by The Hirer is the responsibility of the Hirer. 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 to report the problem. Failure to do so, or advice after use, will cause The Hirer to be responsible for all hire charges, and repair or replacement cost if necessary. The Company reserves the right to repair or replace the faulty equipment as soon as practical during the hire period to the reasonable satisfaction of The Hirer. On no account should The Hirer attempt to repair The Equipment without prior consent of The Company. 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 stacked as it was received and packed securely in all the boxes and containers in which the equipment was received when delivered or collected. Extra charges apply if equipment requires re-packing by delivery / pick up staff prior to transportation. Any equipment broken during transportation due to The Hirer being negligent in re-packing will be charged at full replacement value.
13. CLEANING: A cleaning charge will be applied to all equipment returned dirty. This includes crockery, cutlery, glassware and barbeques. Any deep fryers returned with oil, will be charge a cleaning fee, and oil disposal fee. Linen need not be washed but must be returned dry to avoid mildew. Mildewed linen will be charged at full replacement value.
14. 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.
15. LIABILITY TO THIRD PARTIES: The Company will not be liable for 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.
16. THE COMPANY’S DECISION IS FINAL IN ALL MATTERS RELATING TO THESE TERMS AND CONDITIONS OF HIRE.
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