Hire Contract Terms and Conditions
These Terms and Conditions apply to the exclusion of any other conditions proposed by the Hirer, unless otherwise agreed by Geelong Bar Hire and the Hirer in writing. Geelong Bar Hire agrees to hire Equipment to the Hirer on terms set out in this document. If the Hirer wishes to hire Equipment the Hirer must complete and sign a Hire Schedule and such other documents as Geelong Bar Hire may require. Each Hire Schedule is not a separate contract but forms a part of this hire agreement between Geelong Bar Hire and the Hirer. Geelong Bar Hire may in its absolute discretion decline to hire Equipment to the Hirer at any time if it has reasonable cause to do so.
1. Interpretation of Words in these Terms and Conditions
1.1. Commencement – The date when the Hirer takes possession of the Equipment.
1.2. Equipment – Any kind of equipment which is owned by Geelong Bar Hire and hired to the Hirer.
1.3. Hire Charge – The amounts shown on the Hire Schedule payable by the Hirer to hire the Equipment.
1.4. Bond – The amount of money to be paid prior to hiring of the Equipment to cover loss, damage or repairs as a consequence of the hire.
1.5. Hire Period – From Commencement until the end of the period shown on the Hire Schedule.
1.6. Hire Schedule – A document which Geelong Bar Hire may require the Hirer to sign including particulars of the Equipment and the Hire Period and such other information as Geelong Bar Hire may decide to require.
1.7. Geelong Bar Hire – The company or companies listed on the Hire Schedule.
1.8. Hirer – The party hiring the Equipment.
1.9. Terms – These Terms and Conditions.
2. Geelong Bar Hire’s Obligations
Geelong Bar Hire will:
2.1. Deliver the Equipment to the Hirer and allow the Hirer to use the Equipment for the Hire Period;
2.2. Provide the Equipment to the Hirer in clean and good working order;
2.3. Collect the Equipment from the Hirer at the end of the Hire Period.
3. Obligations of the Hirer
The Hirer will:
3.1. Bear responsibility for the Equipment hired from the time of its delivery until collection by Geelong Bar Hire;
3.2. Upon delivery of the Equipment, immediately examine the Equipment to satisfy itself as to the Equipment’s condition, suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgment or any representation made by or on behalf of Geelong Bar Hire in respect of the Equipment, its purpose, suitability or performance;
3.3. Notify Geelong Bar Hire immediately of any changes to the delivery requirements of the Equipment and will be liable for all extra costs associated with any changes to the delivery of the Equipment;
3.4. Assume the risk of and indemnify Geelong Bar Hire from any and all property damage, personal injury, third party claims, action, suits, demands, costs and expenses in relation to the use of the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.5. Use the Equipment in proper, safe and prudent manner in accordance with the law, only for the purpose and capacity for which it was designed, and in accordance with any manufacturer’s instructions whether supplied by Geelong Bar Hire or otherwise;
3.6. Ensure all Equipment is ready for collection by Geelong Bar Hire at the end of the Hire Period in a clean condition and good repair, and ensure that the Equipment is readily accessible.
The Hirer must NOT:
3.7. Tamper with, damage or repair the Equipment;
3.8. Lose or part with possession of the Equipment;
3.9. Rely upon any representation relating to the Equipment or its operation other than
those contained in this Contract.
4. Terms of Payment
4.1. The Hirer agrees to pay Geelong Bar Hire a deposit of 20% of the Hire Charge at the time of booking.
4.2. The Hirer will pay a Bond in the amount stated in the Hire Schedule unless otherwise agreed in writing with Geelong Bar Hire.
4.3. The remaining Hire Charge and the Bond are to be paid no later than 14 days prior to the commencement of the Hire Period unless otherwise agreed with Geelong Bar Hire.
4.4. Any booking is made within 14 days of the commencement of the Hire Period must be paid in full upon confirmation of the booking by Geelong Bar Hire.
4.5. Geelong Bar Hire will process the return of the Bond to the Hirer within five (5) business days of the Equipment being collected in the same condition as at the time of delivery. In the event that there is any damage to, or loss of, the Equipment, the Bond will be withheld by Geelong Bar Hire to cover any costs associated with repair or replacement. Where damages, loss or repairs on the Equipment exceeds the Bond, Geelong Bar Hire will invoice the Hirer the full amount incurred as soon as costs are determined. This invoice is payable by the Hirer within seven (7) business days.
4.6. Immediately on request by Geelong Bar Hire, the Hirer must pay:
i. All expenses incurred, including loss suffered, by Geelong Bar Hire as a result of a breach by the Hirer of the Hirer’s obligations pursuant to this contract.
ii. The cost of any Equipment which is for whatever reason not returned to Geelong Bar Hire (NOTE TO HIRER: Subject only to any express provision of these Terms to the contrary, the Hirer is responsible for the loss or theft of the Equipment);
iii. All reasonable costs in cleaning the Equipment;
iv. The full cost of repairing any damage to the Equipment caused or contributed to by the Hirer;
v. Interest for late payment of amounts owing by the Hirer at a rate of 10% for every 5 business days the invoice is overdue.
vi. Any expenses and costs including legal costs, mercantile costs, and all other costs incurred by Geelong Bar Hire in enforcing these Terms due to the Hirer’s default.
4.7. Without limiting the ability of Geelong Bar Hire to recover all amounts owing to it, the Hirer authorises Geelong Bar Hire to charge any amounts owing by the Hirer to any credit card or account details of which are provided to Geelong Bar Hire.
5.1. The Hirer may cancel services at any time up to seven (7) days prior to then commencement of the Hire Period. The Hirer will be entitled to receive a full refund of the Bond and a refund of the Hire Charge less the deposit.
5.2. If the Hirer cancels services within seven (7) days of the commencement of the Hire Period the Hirer will be entitled to receive a full refund of the Bond and a refund of 50% of the Hire Charge less the deposit.
5.3. Once the deposit has been received there is no refund of the deposit unless otherwise agreed with Geelong Bar Hire.
5.4. No refund will be provided to the Hirer after the Equipment has been delivered to the Hirer in accordance with the Hire Schedule.
6. Termination of Hire
6.1. Geelong Bar Hire may terminate the Hire at any time.
6.2. Upon termination of hire, Geelong Bar Hire is entitled to take possession of the Equipment immediately and for this purpose the Hirer irrevocably appoints and authorises Geelong Bar Hire to:
i. Enter upon any land or premises upon which the Equipment is situated or where Geelong Bar Hire has any reason to believe that the Equipment may be situated;
ii. Remove the Equipment whether or not it is affixed to the land or premises, connected to property or equipment not owned by Geelong Bar Hire, in use by the Hirer or any other person or containing property not owned by Geelong Bar Hire.
6.3. If the Equipment is not finally returned or ready for pick-up by Geelong Bar Hire at the expiration or termination of the hire period the Hirer shall pay an additional charge of 100% the daily rate for every additional day or part thereof that the Equipment is retained by the Hirer unless otherwise specified by Geelong Bar Hire.
7.1. Quotes will be provided on enquiry with Geelong Bar Hire for an estimation of Hire Costs for hiring the Equipment.
7.2. Quotes are valid for seven (7) days and confirmed only via payment of the deposit unless otherwise agreed by Geelong Bar Hire.
8. Damage to Equipment
8.1. If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify Geelong Bar Hire of the incident. Notification will not absolve the Hirer from its obligations under this contract.
8.2. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer must immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Hirer must also take all steps necessary to prevent injuries from occurring to any person or property as result of the condition of the Equipment and must not repair or attempt to repair the Equipment without Geelong Bar Hire’s prior written consent.
8.3. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by negligence of the Hirer or a breach of any terms of this contract of by the Hirer, the Hirer shall without limitation be liable for the following:
i. Any costs incurred by Geelong Bar Hire in repairing or replacing the
ii. Hire charges for the equipment until the equipment is repaired or replaced;
iii. Any costs whatsoever incurred or loss suffered by Geelong Bar Hire as a result of the damage to or loss of the equipment.
9.1. The Hirer acknowledges that Geelong Bar Hire may inspect the Equipment at any time during the Hire Period, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the Equipment.
9.2. The Hirer shall indemnify Geelong Bar Hire in relation to any action of trespass or any other action or claim against Geelong Bar Hire in the course of the Geelong Bar Hire exercising its right to inspect the Equipment.
9.3. The Hirer acknowledges that all property in and title to the Equipment at all times remains with Geelong Bar Hire and the Hirer does not acquire any property in or title to the Equipment.
10.1. The Hirer acknowledges that they are of legal age to purchase alcohol and any alcohol purchased from Geelong Bar Hire becomes the responsibility of the Hirer including the responsibility to abide by the applicable laws governing the sale and supply of alcohol. This includes but is not limited to:
i. The responsible service of alcohol;
ii. The serving of alcohol to minors;
iii. Ensuring that they have all relevant licences and approvals for the sale or supply of alcohol at that particular location.
10.2. In accordance with Australian law, Geelong Bar Hire has the right to refuse hire to individuals under the legal drinking age of 18.
10.3. Geelong Bar Hire requires proof of age in the form of an Australian driver’s license or passport at time of the delivery of the Equipment.
10.4. If upon delivery of the Equipment the Hirer is unable to provide the required identification the Equipment will not be hired and the Hirer must pay the Hire Charge in full. The Hirer will not be entitled to any refund of the Hire Charge.
10.5. Geelong Bar Hire operates under the Victorian Commission for Gambling and Liquor Regulation to supply the sale of liquor under Geelong Bar Hire’s liquor licence.
10.6. In the event that Geelong Bar Hire is contracted for bartending services, Geelong Bar Hire will perform in accordance with the Victorian Responsible Service of Alcohol and reserves the right to refuse alcohol to underage or intoxicated persons. Geelong Bar Hire may cease beverage service if at any time the environment is deemed unsafe (including but not limited to quarrelsome or threatening behaviour). In such situations no refund will be issued.
11. Force Majeure
11.1. If Geelong Bar Hire is unable at anytime to perform any of its obligations whether wholly or partly by reason of any cause beyond its reasonable control (including without limitation, weather, political affairs, fires), will be excused from performing its obligations.
11.2. Geelong Bar Hire will endeavour to notify the Hirer of this force majeure and may cancel the order without liability to the Hirer.
12.1. If any of the Terms becomes void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts.
12.2. Failure by Geelong Bar Hire to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms, shall not be deemed to be a waiver of any rights that Geelong Bar Hire may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms.
12.3. These Terms shall be governed by and construed in accordance with the laws of the State of Victoria.
13.1.The Hirer will be liable for payment of excess for any insurance claim made by Geelong Bar Hire where the Hirer is at fault.