1. DISCLAIMER
(a) ALL MARQUEE(S) ARE ALWAYS ERECTED AND DISMANTLED ON SITE PROVIDING THE HIRER SUPPLIES AT LEAST 3 EXTRA PERSONS TO
ASSIST THE GOLD EVENT HIRE TEAM. FAILING THIS, AN EXTRA LABOUR CHARGE WILL APPLY. GOLD EVENT HIRE MUST BE INFORMED
AT LATEST 3-4 WEEKS (WHEN FINALISATION E-MAIL HAS BEEN SENT) BEFORE YOUR EVENT, SO THAT WE CAN ORGANISE ADDITONAL
LABOUR AND AN ADEQUATE LABOUR COST WILL BE CHARGED
(b) All Marquee’s are quoted to be peggable, if this is not an option and weights are required You must inform our Team asap so
additional labour and truck can be organised. Further, an additional cost for weights and vehicle will be charged.
(c) Paper, Balloons and Crepe Streamers are not permitted in marquees. Dye from these products cause unrepairable damage and hirer
will be held responsible and will indemnify the Company for any and all related losses.
(d) Smoking/Vaping Products is not permitted in the marquee, as the smell becomes trapped within the material of the marquee and in
the silk lining. Smoking also discolours the marquee and silk lining. The spark from cigarettes can also burn holes into the Marquee
materials. The hirer will be solely responsible for any and all liabilities caused.
2. DEFINITIONS
(a) “Commencement Date” means the Commencement Date specified in the Invoice.
(b) “Company” means Gold Event Hire Pty Ltd ABN 23 660 215 047 trading as Gold Event Hire of 18 Swanbrook Road, Inverell NSW
2360, Australia.
(c) “Conditions” means these Terms and Conditions of Hire.
(d) “Equipment” means all the equipment and accessories supplied by the Company to the Hirer.
(e) “Equipment Fault” or “Faulty Equipment” means a failure of the Equipment to operate in accordance with the manufacturer
specifications.
(f) “Force Majeure Event” means an event or circumstance beyond the reasonable control of the Company, including, but not limited
to, acts of God, war, rain, hail, wind, fire, explosion, civil disobedience, legislation not in force at the date of the Contract or labour
disputes.
(g) “Hirer” means the person, firm or corporation hiring the Equipment from the Company and includes the Hirer’s agent.
(h) “Hire Fee” means the amount payable by the Hirer to hire the Equipment as specified in the Invoice;
(i) “Judgement” means any judgement, writ, order, injunction, award or decree of any court, judge, justice, or magistrate, including any
bankruptcy court, or arbiter, and of or by any other Governmental Authority.
(j) “Quotation” means the written quotation issued by the Company to the Hirer.
(k) “Reasonable Counsel Fees” means and refer to the reasonable fees (and expenses) actually incurred by the party retaining such
attorneys or counsel, computed on the basis customarily employed by such attorneys or counsel and not on the basis of a
percentage of recovery or percentage of claim or other similar basis.
(l) “Replacement Fee” means the amount to replace damaged or lost Equipment as notified by the Company to the Hirer
(m) “Site” means the premises the Hirer specifies as the delivery address for the Equipment.
(n) “Term” means the duration of the Contract between the Company and the Hirer as specified on the Invoice;
3. THE HIRER SHALL
A) Supply the additional labour necessary or incur an extra labour charge.
B) Transport the equipment in a skilful and proper manner and shall, at his own expense, service, clean and maintain the equipment so
that it is in original condition, reasonable wear and tear accepted, shall supply all fuel, oil, grease and gasses necessary for operation,
service and maintenance.
C) Clean the equipment upon completion of the hire period.
D) Accept all responsibility for and will indemnify the Company for any losses incurred due to damage or loss of the Equipment from
any and all causes, including those listed in Clause 17.a during the period of hire (Reasonable wear and tear accepted) and shall
accept all responsibility for any injury or damage caused during the period of hire to any person or property and shall hold the
Company harmless against any and all liabilities in respect of all claims in connection herewith.
E) Pay hire to the Company at the rates stated in the written Quotation, subject to any other provisions nominated herein.
F) Pay the Company all costs incurred in delivering and recovering possession of plant and/or equipment.
G) Pay the new list price of any equipment which is for whatever reason not returned to the Company, as stated in Clause 17.a
H) Pay the cost of repairing any damage to the plant and/or equipment caused by reasons listed in Clause 17.a
I) Pay stamp duty fees, goods and services tax, and any other applicable taxes or duties including but not limited to; all tolls, fines,
penalties, levies or charges payable in respect of this agreement and the hiring.
J) Indemnify the Company for any and all expenses or legal costs (including commission payable to a commercial agent) incurred
directly or in-directly as a result of the failure of the Hirer to pay the charges when due.
K) Make applicable payment in full for all changes including new invoices in relation to any end of the month rollovers (where
applicable) on strictly net cash 30-day bases unless otherwise stated.
L) This Hire Contract may not be transferred to any other party, nor plant and or equipment transferred to neither any other party, nor
the plant/equipment from the stated without express written consent of the Company.
4. INSURANCE
a) Insurance is the Hirer’s sole responsibility during the hire period. The Hirer is responsible for the security of the equipment at all
times during the Hire period.
b) Any lost, broken, damaged or destroyed Equipment will be charged to the Hirer at full replacement value.
5. DEPOSITS
a) All deposits are to secure your booking and are only refundable without breakage, damage or without non-returns after the event.
b) If Booking is cancelled by Customer, the Deposit will be only refundable solely under Gold Event management discretion.
6. FINAL PAYMENT
a) All items must be paid in full before being dispatched.
b) All Marquee: Delivery/ Pick up or any large Bookings must be paid in full at least 21 days before Commencement of Hire Period.
c) All other Equipment Hire must be paid in full before or on pick up unless otherwise arranged in writing with management.
7. CANCELLATION POLICY
a) The Company reserves the right to charge a cancellation fee on any job confirmed either verbally or in writing.
b) Gold Event Hire does not refund due to weather circumstances. If Marquee hire is cancelled at short notice; See (Clause 7.c) before
your Commencement Date due to forecasts of any and all particular kinds of weather and you do no longer want or require the
Marquee anymore, Gold Event Hire will keep the entire Marquee Hire Fee unless the Marquee can be re-booked in the short time.
c) Cancellation fees are as follows:
Marquee Hire Cancellations Fees:
– From Booking Confirmation Date until 91 days prior delivery date $500 Marquee deposit.
– 90 – 75 days prior delivery date 30% of Marquee, Marquee Lighting + Marquee Fairy Lighting Hire.
– 74 – 61 days prior delivery date 40% of Marquee Hire, Marquee Lighting + Marquee Fairy Lighting Hire.
– 60 – 40 days prior delivery date 50% of Marquee Hire, Marquee Lighting + Marquee Fairy Lighting Hire.
– 39 – 31 days prior delivery date 60% of Marquee Hire, Marquee Lighting + Marquee Fairy Lighting Hire.
– 30 – 22 days prior delivery date 75% of Marquee Hire, Marquee Lighting + Marquee Fairy Lighting Hire.
– 21 – delivery date 100% of total Marquee Hire, Marquee Lighting + Marquee Fairy Lighting Hire.
Hire Equipment Cancellations Fees:
– 28-11 days prior delivery date 30% of total hire;
– 10-5 days prior delivery date 50% of total hire;
– 4-3 days prior delivery date 75% of total hire; 2 days prior delivery date 80-100% of total Hire
8. MARQUEE LIGHTING AND FAIRY LIGHTING
(a) All lighting must be supplied and installed by the Gold Event Team unless a supplier is approved by GOLD Event Hire in writing before
your event. This is due to all our equipment being up to standard and regularly tested and tagged.
(b) The Company is to be indemnified by the Hirer for Any and all damages, Loss of any kind, and any injuries incurred due to the hirer
fitting unapproved lights, that directly or indirectly causes injury, damage to the marquee or roof structure, or any other losses or
damages incurred therein. The Hirer is solely responsible for replacements costs that start from $5000 depending on reasonable
current replacement costs of any damages incurred. Due to WH&S standards all Gold Event Marquees are installed with a Certified
Circuit breaker.
9. SMALL SELF-ERECT MARQUEES
a) Marquees are prohibited from being erected within unsuitable weather conditions (including but not limited to; significant wind,
hail, storm) or forecast/incoming of unsuitable weather conditions.
b) Responsibility of the transport of the self-erect marquees falls solely on the Hirer, and any losses suffered during the transport.
c) Detailed instructions will be supplied with Marquee and must be followed as per description. Any deviation from express written
instruction sees all responsibility for any and all resulting damage or injury fall upon the Hirer. Gold Event Hire will take no
responsibility therein and will be indemnified by Hirer for any and all losses incurred.
d) Marquees must be erected on suitable surfaces as outlined in Written Instruction, Including but not Limited to; dry and flat ground
conditions.
e) Marquees must only be erected by persons over the age of 18 years old. Any damages or losses incurred by persons under the age of
18 erecting, assisting in the erection or advising on the erection of a marquee, fall solely onto the hirer.
10. COOL ROOMS
a) The cool rooms are not designed to be subjected to rough or repetitive trauma caused by being driven at speed over rough/poorly
maintained roads. The cool rooms are subject to duty of care by the hirer whilst under tow and the utmost care is needed to safely
drive them over deteriorated terrain. They are not a 4WD item. Any indemnification required due to damage caused by unsuitable
towing practice will be charged directly to the hirer.
b) Once Cool-Room has arrived at Location, the Cool room must remain stationary for at least 30 minutes before it is plugged into
power.
c) In order to run Cool rooms, they must be connected with a single extension lead of more than 25 meters in length to mains power.
Gold event hire does not include power lead, if you require one, please advise the team at the time of hire. The Hirer must indemnify
the Company for any damages incurred by use of un-approved, faulty, or damaged power leads. If connected to a generator we
recommend no less, than 8kva to run Cool Room.
d) The cool rooms are on trailers and must stay on the trailers. Hirer is responsible for any and all damages and fees incurred by
removing Cool Room from Trailer
11. TABLECLOTHS – LINEN
a) Tablecloths must be used to cover tables only.
b) Candles must not be put straight on the tablecloths without any mirror bases or other protection; as if there is wax on the
tablecloths, Hirer will be charged at full replacement value.
c) There must not be any adhesive substance e.g., sticky tape, sticky Velcro etc. taped to the tablecloths as otherwise Hirer will be
charged at full replacement value.
d) Linen does not need to be washed but must be returned dry as otherwise mould will start growing and Linen will be charged at full
replacement value.
12. CROCKERY, CUTLERY AND GLASSWARE
a) Crockery, Cutlery, Glassware: must be washed, dried, and returned in the boxes in the same condition as received or a cleaning fee
will be charged to the Hirer.
13. CLEANING
a) A cleaning charge will be applied to all equipment returned dirty. This includes crockery, cutlery, glassware, BBQ’s, Spits, Tables &
Chairs. Linen does not need to be washed but must be returned dry. Linen will be charged at full replacement value.
b) Company Maintains full Discretion pertaining to replacement fees
14. ACCESS TO SITE AND TRAVEL
a) The Customer shall ensure that suitable access to and from site in wet and dry weather conditions is adequate to suit the mode of
delivery or pick up.
b) Hirer will still be charged full hire amount for Marquee and all hire items and hire equipment if it is not suitable to be delivered or
picked up due to inaccessible Road conditions or non-existent access to site. Hirer may also be charged more for travel cost if detour
must be taken.
15. END OF HIRE PERIOD
a) The Customer must ensure the Equipment is returned to Gold event Hire by any collection or return date specified in the Tax Invoice.
b) The Customer is responsible for returning the Equipment to REH’s address at the end of the Hire Period, unless the Customer has
previously organised for REH to collect the Equipment, and any failure to do so can be considered to be criminal theft and may be
immediately reported to the police.
c) The Customer must return Equipment in a clean condition otherwise, the Customer agrees to pay a reasonable cleaning fee if the
Equipment is not returned in a clean condition (to be determined by Gold Event Hire).
d) A continuing hire fee will be charged for all equipment not returned to the company when it is due back. Costs will be charged to the
customer at the standard weekly rate of hire, until the equipment has been returned to the company.
e) The customer shall give appropriate notice in writing to the company if any extension or termination of the hire is requested. No
refunds will be issued for the early return of the equipment on extended hire.
16. BREAKAGES AND NON-RETURNS
a) All Breakage & non-returns will be charged at replacement value or repair cost. Company Maintains Full Discretion as to replacement
fee
b) Crockery, Glassware, Replacement from $4.00 each
c) Stainless steel Cutlery Replacement from $3.50 each
d) Bogart Silver from $7.00 each
e) Furniture Replacement at full Replacement cost of damaged or missing item
17. DAMAGES
a) The Hirer agrees to indemnify the Company for, and to hold the Company harmless against any and all liabilities, including
Judgements, Reasonable Counsel Fees and any loss or expense that such Company may sustain or incur as a consequence of
including but not limited to;
1. overloading, exceeding rated capacity, misuse, abuse or improper servicing of the Equipment;
2. the use or operation of the Equipment is in contravention of these Conditions;
3. any unknown cause;
4. cigarette burns, marks or stains on any furniture or décor items;
5. red wine or any other significant (as determined by the Company in its absolute discretion) stains on any furniture or décor items;
6. candle wax on linen or other material products;
7. the weather (including without limitation sun, heat, cold, rain, hail, wind or storm); or
8. Equipment which is sub-hired or sub-leased with the consent of the Company.
9. Theft of equipment; whether by hirer or unknown third party.
10. Loss or Non-Return of equipment, whether caused directly or in-directly by the hire; or by a third party
b) To the maximum extent permitted by law, the Company shall not be liable to the Hirer or any third party under any circumstances
for any loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and
damage sustained or incurred by the Hirer, whether such liability arises directly or indirectly as a result of any breach by the
Company of its obligations under this Hire Agreement; the supply, performance or use of any goods or services; or any negligent act
or omission or wilful misconduct on the part of the Company.
18. EQUIPMENT FAULT
In the event that the Equipment breaks down or becomes unsafe to use during the Term, the Hirer must:
(a) immediately stop using the Equipment and notify the Company in writing;
(b) take all steps necessary to prevent injury or death occurring to persons or property as a result of the condition of the Equipment;
(c) take all steps necessary to prevent any further damage to the Equipment itself; and
(d) not repair or attempt to repair the Equipment without the prior written consent of the Company.
To the maximum extent permitted by law, the Company shall not be liable to the Hirer
or any third party under any circumstances for any loss of profit, interruption to
business, injury or death to any person, or for any indirect, incidental or consequential
loss and damage sustained or incurred by the Hirer, where such liability arises directly or indirectly as a result of Equipment Fault.
19. INDEMNITY
The Hirer hereby indemnifies and must keep indemnified (on a full indemnity basis) and releases and forever holds harmless the
Company, its employees and agents for any losses, expenses, Judgements, costs, damages, Reasonable Counsel Fees, injuries, death,
proceedings, claims and demands of every description (Losses) arising directly or indirectly in relation to the Hirer’s use of the Equipment,
the Hirer’s breach of these Conditions or the Company’s enforcement of any of its rights under these Conditions or generally under law,
unless such Losses result from the negligence of the Company, its employees or agents.
20. FORCE MAJEUR
Except with respect to obligations to make payments hereunder, neither party shall be deemed in default hereunder, nor shall it hold the
other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its
reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, act of God, labour controversy or
threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient
material due to malicious damage or other factors, supplies, labour, transportation including breakdown of transport vehicles, power or
other essential commodity or service required in the conduct of its business, including internet access, or any change in or the adoption of
any law, ordinance, rule, regulation, order, judgment or decree.
21. SUBSTITUTION
The Company reserves the right at any time to substitute any portion of the Equipment ordered by the Hirer with Equipment of similar or
like description or performance.
22. SUB-HIRE OR SUB-LEASE
The Hirer must not sub-hire or sub-lease the Equipment without the prior written consent of the Company (in which consent may be
withheld in the Company’s absolute discretion or given subject to such conditions as the Company sees fit).
23. EXCLUSION OF LIABILITY
The Company shall not be liable to the Hirer or the Hirer’s servants or agents for any damages, suits, actions, claims and demands of every
description whatsoever and howsoever arising either directly or indirectly from representations warranties, terms and conditions express
or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act
(1974) or relevant State Legislation), use, maintenance, transport, operation of the goods or otherwise whether resulting from the
negligence of the Company, its servants or agents or otherwise.
24. AUTHORITY
Each party represents that it is authorized to bind to the Terms & Conditions outlined in this contract, including;
(a) Any person signing these Conditions on behalf of the Hirer hereby covenants that he or she has the authority to sign on behalf of
and bind the Hirer to these Conditions.
(b) Where the Hirer is more than one person liability shall be joint and several.
25. GOVERNING LAW
This Agreement shall be governed by and construed and performed in accordance with the laws of New South Wales and applicable
federal law, including federal common law.