THE EVENT WANDERER CO. PTY LTD (ACN 652 535 610) | HIRE AND SUPPLY CONTRACT TERMS AND CONDITIONS
“Collection Point” means the mutually agreed location at the Premises, which must be easily accessible to Us (such as a reception or common area), at which You will receive the Goods and/or Equipment or at which We will collect the Equipment.
“Collection Time” means the date and time that is mutually agreed between Us and You to collect the Equipment from the Collection Point.
“COVID Event” means Our inability to deliver Goods or supply Equipment at the Delivery Time due to any law or government order, mandate, proclamation, or ruling in connection with, in response to, or intended to address, the consequences of the Coronavirus (COVID-19) and any mutations, variants, associated viruses or pathogens thereof.
“Delivery Time” means the date and time that is mutually agreed between Us and You for Us to deliver the Goods and/or Equipment to the Collection Point.
“Event of Default” means an event of default contemplated at Clause 8.
“Equipment” means the equipment supplied by Us and hired by You in accordance with this Supply Contract.
“Hire Term” means the period of time from when You accept the Goods and/or Equipment from Us until You return the Equipment to Us.
“Order” means an order placed by You for the supply of Goods and/or the hire of Equipment, as the case may be.
“Premises” means the premises which We agree to deliver and/or collect the Goods and/or Equipment from during the Hire Term.
“Production Costs” means any costs incurred by Us in the design, construction, creation, production, printing or re-printing of any Goods the subject of this Supply Contract.
“Security Deposit” means a sum paid by You, refundable in part or in whole, and held by Us until the end of the Hire Term, which We may use to repair or replace any Equipment damaged or lost by You during the Hire Term.
“Studio” means the premises We utilise to facilitate the production and/or storage of the Goods and Equipment.
“Supply Contract” means this (and any other) contract for the supply of Goods and/or hire of Equipment by You.
“You”, “Your” means the person/s or entity/ies, jointly and severally, hiring the Goods from Us, including any employees, agents or contractors.
“Us”, “Our”, “We” means The Event Wanderer Co. Pty Ltd (ACN 652 535 610) including its employees, agents and contractors.
2. AGREEMENT TO HIRE EQUIPMENT AND/OR SUPPLY GOODS
- Subject to this Clause 2, if You place an Order:
- for the supply of Goods, then We agree to supply to You and you agree to accept from Us the Goods at the Delivery Time; and/or
- for the hire of Equipment, then We agree to supply and You agree to hire the Equipment for the agreed Hire Term.
- If You place an Order, We will provide You with Our fee quote for Your consideration.
- You may accept Our fee quote in writing to Us and a Supply Contract is only created when We acknowledge Your acceptance of Our fee quote in writing to You;
- If Your Order is for the hire of Equipment, You must pay to Us a Security Deposit immediately on Our acceptance of Your Order. At the end of the Hire Term, if We, in Our absolute discretion, determine:
- that no loss, damage or defect occurred in the Equipment during the Hire Term – then We may refund the Security Deposit to You; or
(ii) that the Equipment sustained, in part or in whole, a loss, damage or defect during the Hire Term, then We may apply the Security Deposit towards the cost of replacement or repair of such Equipment and if any cost of replacement or repair of such Equipment extends beyond the amount of the Security Deposit, We reserve the right to invoice You for the balance amount.
- You must ensure payment of Our tax invoices issued to You on or before the due date provided in the tax invoice.
- If We are unable to provide or continue to provide You with the Goods and/or Equipment, We may cancel the Supply Contract by notice in writing to You (even if the Supply Contract has commenced).
3. TITLE, RISK AND INSURANCE
- Title in and to the Equipment remains vested in Us at all times.
- Title in and to the Goods remains vested in Us until Our tax invoices are paid and the Goods are delivered to You.
- You must not sell, lease, hire or otherwise deal with the Equipment or Goods except as We permit in writing to You.
- The risk in the Equipment passes to You throughout the Hire Term.
- You assume all risk and liability for loss, damage or injury to any persons or property belonging to You or any third party arising out of the use or possession of the Goods and/or Equipment to the extent permitted by Australian Consumer Law.
- You accept the Goods provided and/or the Equipment supplied in its state and condition as at the Delivery Time.
4. OUR OBLIGATIONS
- supply the Goods to You at the Delivery Time;
- allow You to use the Equipment for the Hire Term;
- provide You with the Equipment in a clean and good working order condition, fair wear and tear excepted;
- if agreed in writing:
- deliver the Goods and/or Equipment to the Collection Point at the Delivery Time; and
- collect the Equipment from You at the Collection Point at the Collection Time;
- make available the Goods and/or Equipment from Our Studio at the Collection Time.
5. YOUR OBLIGATIONS
Unless otherwise agreed by Us in writing, You must:
- collect the Goods and/or Equipment from Our Studio at the Collection Time;
- deliver the Equipment to Our Studio at the end of the Hire Term;
- at or before the Collection Time, pay the Security Deposit to Us at the amount We specify;
- make arrangements with the Premises so We can access the Equipment from the Collection Point at the Collection Time;
- pay Us a late fee of $50.00 each day or part thereof after the end of the Hire Term until the Equipment is returned to Us.
- ensure the Equipment is clean and in good repair on return to Us;
- be satisfied that the Equipment is suitable for Your purposes before the Hire Term;
- set up, use, and pack down the Equipment safely and in accordance with:
- instructions provided by Us at the Delivery Time, if any;
- the law;
- its intended use;
- the manufacturer’s instructions, whether supplied by Us or provided on or with the Equipment;
- store the Equipment safely and securely during the Hire Term;
- safely load and transport the Goods and/or Equipment in accordance with Our instructions;
- ensure any person collecting the Equipment and/or Goods from Us is authorised to do so and You will not allege a person is not authorised to do so;
- secure the Equipment in a safe location if it breaks or becomes unsafe or otherwise unusable for the remainder of the Hire Term;
- pay Us any Production Costs should a change in the content of any Goods we supply be required.
- allow Us access to the Equipment at any reasonable time for the purpose of inspecting, repairing, replacing or removing the Equipment; and
- acknowledge time is of the essence in respect of Your obligations in this Supply Contract.
You must not:
- remove the Equipment from the Premises without our prior written consent;
- modify, alter, tamper with, damage or repair the Equipment without our prior written consent;
- remove, deface or erase any identifying marks, notices or safety information on the Equipment; and
- lose or part with possession of the Equipment.
6. COVID EVENT
If a COVID Event occurs, and You:
- reschedule Your event to a new date, We will:
- liaise with you to arrange a new mutually agreeable Delivery Time;
- roll over Your Hire Term to a new Delivery Time; and
- reserve the right to charge You any Production Costs should a change in the content of any Goods We supply be required.
- are unable to reschedule a new date, and You advise Us of a cancellation, We may charge You any Production Costs and We may refund any fees, deposit, or hire cost. We reserve the right to request proof of Your inability to reschedule.
You indemnify Us:
- in respect of all or any injury or damage howsoever caused to You or any other third party from the Equipment throughout the Hire Term;
- from all or any injury or damage to the extent caused by the Equipment or any user of the Equipment;
- from any liability arising from any action that may occur throughout the Hire Term that renders the Equipment from being unsafe or otherwise unusable for the remainder of the Hire Term;
- from any error contained in the content of any Goods supplied by Us;
- from any liability to You or a third party in respect of any damage caused in recovering the Equipment from You in the Event of Default.
8. EVENTS & CONSEQUENCES OF DEFAULT
(a) We consider the following to be an Event of Default:
- You beach any part of this Supply Contract;
- the Equipment is returned to Us damaged or You part with possession of the Equipment during the Hire Term;
- You default in payment of any amount due and payable to Us;
- You become bankrupt, insolvent, or an administrator or liquidator is appointed in respect of Your assets;
- If an Event of Default occurs, then, We may, without prejudice to all Our other rights and entitlements:
- immediately recover any Equipment in Your possession;
- require immediate payment of all outstanding money and all money payable by You to Us at a later date on any other accounts;
- charge You interest on any sum outstanding at a rate equal to ten percent (10%) per annum from the due date until the due amount is paid by You in full;
- charge You for the cost of repair or replacement of any Goods lost, stolen, damaged or destroyed; and
- terminate any Supply Contract not completed, by written notice to You.
- If this Supply Contract:
- contains a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”), We may register Our security interest and You must do all things reasonably required to ensure We maintain a perfected security interest in the Goods;
- constitutes a PPS Lease (as defined in the PPSA), we are the secured party holder of a Purchase Money Security Interest (as defined in the PPSA) and You are the grantor.
- You must do anything We require to enable Us to gain first ranking priority (or any other priority we may determine in writing to You) for Our security interest.
- To the extent that Chapter 4 of the PPSA would otherwise apply to an enforcement by Us of any security interest in the Goods, it is agreed that the following provisions of the PPSA do not apply:
- to the extent that section 115(1) of the PPSA allows them to be excluded: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143; and
- in addition, to the extent that section 115(7) of the PPSA allows them to be excluded: sections 127, 129(2) and (3), 132, 133(1)(b) (insofar as it relates to a security interest of Us), 134(2), 135, 136(3), 136(4), 136(5) and 137.
- Our rights under this Supply Contract are in addition to and not in substitution for Our rights under any other law and We may choose whether to exercise Our rights under this Hire Contract and/or under any other law we determine fit.