Terms of service

 Terms & Conditions of Hire

These terms and conditions (terms) apply to any leased goods (Hired Goods) or related services we, The Trustee for Walker and Guo Enterprises ABN 39 698 406 565 operating under the registered business name Adept Party Hire (Adept Party Hire, we, us, our), provide to you, the person set out in a Quote (you, the Customer).

These terms, which include your Quote, form a binding contractual agreement between us and you.

1. QUOTES UNDER THIS AGREEMENT
   • These terms will apply to all the Customer’s dealings with Adept Party Hire, including being incorporated in all agreements, quotations or orders under which Adept Party Hire is to rent equipment and/or provide services to the Customer (each a ‘Quote’) together with any additional terms included in such a Quote (provided such additional terms are recorded in writing).
   • You will be taken to have accepted these terms if you click the tick box to accept these terms and a Quote, or if through other means you order, accept or pay for any Hired Goods or services provided by us after receiving or becoming aware of these terms.
   • The Customer must not proceed with any reservation, booking, payment or acceptance of the Hired Goods if the Customer does not agree to these terms.
   • Adept Party Hire may, at any time, provide additional instructions in relation to the use of the Hire Goods, whether verbally or in writing. The Customer must immediately comply with all instructions given by Adept Party Hire in connection with the Hire Goods whether or not known at the time of accepting a Quote. The Customer acknowledges and agrees that this “agreement to agree” is necessary given the nature of the Hire Goods and intended to be legally binding.
   • In the event of any inconsistency between these terms and any Quote, the clauses of these terms will prevail to the extent of such inconsistency.
2. DEFINITIONS

In addition to capitalised terms defined in a Quote, capitalised terms used in these terms will have the following meanings:

Term	Meaning
Breakdown	has the meaning set out in clause 10 of these terms.
Business Days	means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Sydney.
Bond	means the amount set out in a Quote and held in accordance with clause 7(e).
Cancellation Fee	has the meaning set out in a Quote as applicable in accordance with clause 8.
Customer	means the party named as the Customer in a Quote.
Delivery Address	means the location where the Hire Goods will be delivered (if applicable) and the only location at which the Customer may use the Hire Goods.
Deposit	Means the amount set out in a Quote and held in accordance with clause 7(b).
Excess Reduction Fee	has the meaning set out in a Quote and as may be appliable in accordance with clause 12(d).
Fees	means the amount payable by the Customer in exchange for the Hire Goods as set out in a Quote.
Hire Goods	means the items set out in a Quote as being the Hire Goods to be provided to the Customer in exchange for the Fees and subject to these terms.
Laws	mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Hire Goods are provided and includes any industry codes of conduct.
PPSA	means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.
Quote	has the meaning set out in clause 1(a) of these terms.
Rental Term	means the period of time for which the Customer is entitled to have possession of the Hire Good, being the period set out in a Quote.

3. AGREEMENT TO HIRE

Adept Party Hire agrees to provide to the Customer, and the Customer accepts from Adept Party Hire, the hire of the Hire Goods upon and subject to the provisions of these terms including a Quote.

4. PRE HIRE

The Customer warrants that, prior to entering into these terms:

• the Customer has satisfied itself as to the suitability of the Hire Goods for the Customers purposes;
• the Customer has read and understood these terms, any instructional manuals and materials that were provided to the Customer, including any additional information provided to the Customer by Adept Party Hire (which will be taken to form part of these terms);
• the Customer will ensure that any person collecting or taking delivery of the Hire Goods on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised; and
• the Customer will provide a copy of their valid Australian driver’s licence before the Rental Term starts, either by sending a copy to the Contact Email within 24 hours of confirming their booking or by providing their valid Australian driver’s licence to Adept Party Hire to make a copy on pick-up of the Hire Goods before the Start Time.

5. DELIVERY OR COLLECTION OF GOODS

Details

• Subject to this clause, and the payment of the Fees by the Customer, Adept Party Hire will deliver the Hire Goods to the Customer at time advised to you prior to the Event Date.

General Delivery

• General delivery is provided in trucks carrying multiple loads.
• Scheduling of delivery will occur daily and the Customer will be contacted by text or email to advise the delivery time for the next day.
• A bulk order delivery / collection time block will be allocated and any changes necessary advised by text or phone.
• Delivery and collection will be provided to point of first access to the Delivery Address set out in a Quote. Any movement of goods beyond this needs to be arranged prior to delivery, especially lift access, loading bays, special parking needs such as malls, stairs and where a truck access of 3.5 meters is not available unless special delivery is arranged in accordance with clause 5(f).

Special Delivery

• Special delivery can be arranged with Adept Party Hire to cover additional delivery requirements and this will be charged separately as an additional cost in a Quote. If specific times are required for delivery or special conditions exist, this will need to be arranged as a special delivery.

Additional Delivery

• Delivery complications, including vehicle access, steep or difficult driveways, dogs on site or gates, must be arranged specifically with Adept Party Hire prior to delivery or otherwise Additional Delivery Fees may be applied in Adept Party Hire’s absolute discretion.

No Removal from Delivery Address

• The Customer must not under any circumstances remove or attempt to remove the Hire Goods from the Delivery Address at any time (except to return the Hire Goods to Adept Party Hire where agreed that the Customer will return the Hire Goods).

Customer Collection Transfer of Risk

• If the Hire Goods are collected by the Customer, the Customer’s risks and liabilities in relation to the Hire Goods commence upon collection by the Customer and apply during transit with the Hire Goods. Collection of the Hire Goods by the Customer will not limit or otherwise affect the Customer’s obligations to comply with clause 5(h).

Delivery Transfer of Risk

• If the Hire Goods are delivered by Adept Party Hire (or its third party contractor) to the Customer, the Customer’s risks and liabilities in relation to the Hire Goods immediately commence upon delivery.

Ownership of Hire Goods

• Ownership of the Hire Goods will at all times remain with Adept Party Hire in accordance with clause 13.

6. EQUIPMENT USE

Specific Requirements

• (Marquees) If the Hire Goods include a marquee or other shelter structure: The Customer must ensure that marquees are used only in accordance with our instructions and any manufacturer’s instructions affixed to the marquee. Any damage that may occur to the surrounding ground by marquee placement or pegs placed into ground is accepted and acknowledged by the Customer as the Customer’s sole expense to bear. The Customer must ensure that all necessary underground plans, regulatory permits and permissions are held and the ground is in good condition for the marquees to be placed on, with regard to its size, capacity, flooring, materials and inclusions. The Customer must not place any heater or other items inside the marquee that could cause the Marquee to catch fire. The Customer must ensure that marquees are not used in the case of, or if there is a likely chance of, severe wind, thunder or lightning storm, or weather conditions that otherwise don’t comply with the instructions. The Customer must not allow more people than the maximum capacity specified to occupy the marquee at any one time.
• (Inflatables) If the Hire Goods include any inflatable items, including jumping castles: The Customer acknowledges the risk of suffocation when using inflatables, including jumping castles of any size “inflatables” and indemnifies Adept Party Hire for any injury or death caused to any person while the inflatables are in the Customer’s care, custody or control. The Customer acknowledges and agrees that it is fully responsible for the installation, take down and care of any inflatable Hire Goods. The Customer must ensure that it only uses an inflatable in accordance with the instructions provided by Adept Party Hire or affixed to the inflatable. The Customer must inspect all inflatables and ensure that they are inflated in accordance with the manufacturer’s instructions and are not over or under inflated at any time while in use. The Customer must at all times supervise any children in the vicinity of the inflatables or using the inflatables and ensure they are safe and able to exit the inflatables easily. The Customer must ensure that no sharp objects are near the inflatables at any time, and no shoes, jewellery or glasses are worn on any inflatable at any time. The Customer must ensure that behaviour is appropriate and not likely to cause damage to the inflatables, including boisterous behaviour or climbing on the walls. The fan must be left running at all times while the inflatables are in use. The Customer must not allow more people than the maximum capacity specified to occupy the inflatables at any one time.
• (Gas & Electrical) If the Hire Goods include any item that requires gas or electricity to operate: The Customer acknowledges and agrees that it is fully responsible for ensuring that any electrical equipment provided, including any generators, ovens, stoves, portaloo, inflatables, water heaters, heaters, sound and lighting equipment or otherwise, is kept dry and away from potentially hazardous elements such as rain or lightning, and is not plugged in to a power point that would over burden the power source. A circuit breaker must always be used. The Customer is responsible for ensuring that all gas & electrical Hired Goods are turned off when not in use and are not left on such that damage could occur for example due to fire. The Customer must check over any electrical or gas powered Hire Goods for safety including checking for gas leaks, electrical faults or product damage and any issues noted are to be reported to out company immediately and the product not used. The Customer is responsible for all costs of operating the Hire Goods, including electricity and gas charges from the Customer’s third party provider charged in connection with use of the Hire Goods.
• (Trailers) If the Hire Goods include a trailer or any similar item: The Customer acknowledges and agrees that trailers are the responsibility of the Customer once provided to the Customer. The Customer must not attempt to tow above the weight specified by Adept Party Hire to the Customer or otherwise recorded on the trailer. Adept Party Hire accepts so responsibility for towing related damages including faulty light cable, trailer connections, trailer operation. All functions of the trailer must be tested by the Customer prior to taking possession of the trailer.
• Adept Party Hire’s liability for any damage or loss, including personal injury or death, that may arise in connection with the Customer’s failure to comply with any requirement set out in these clauses 6(a) – 6(d) (inclusive) is excluded and limited in accordance with clause 15.

General Use Requirements

• Without limiting or otherwise affecting the generality of clauses 6(a) – 6(d) (inclusive), the Customer must ensure that the Hire Goods are only used:
  • in accordance with the requirements set out in clauses 6(a) – 6(d) (inclusive);
  • In accordance with any instructions from Adept Party Hire and any manufacturer’s instructions;
  • in a proper, safe and skilful manner; and
  • in accordance with all Laws, rules and regulations applicable to the Hire Goods.
• The Customer must not, and must not allow any third party to:
  • use the Hire Goods for any dangerous or illegal purpose;
  • make any alterations to the Hire Goods, including by unauthorised repair;
  • use or allow the Hire Goods to be used while the operator or user is under the influence of alcohol or drugs;
  • use the Hire Goods when they are damaged or unsafe;
  • affix or install any accessories, equipment or device on or to the Hire Goods without Adept Party Hire’s prior written instruction or consent; or
  • sub-hire the Hire Goods to any third party.

Maintenance

• If Adept Party Hire issues the Customer with a maintenance checklist/manual, the Customer must perform the maintenance procedures as outlined in the maintenance checklist/manual.

Operator

• The Hire Goods must not be operated or used by any person that is intoxicated or under the influence of illicit substances.
• The Customer agrees that they are responsible for the acts and omissions of, and any injury or loss suffered by, any other person they allow to use the Hire Goods.

Removal of Personal Property

• Adept Party Hire is not liable to any person for any loss of, or damage to, personal property that is left in the Hire Goods after its return to Adept Party Hire or stolen from the Hire Goods or otherwise lost during the Rental Term.

Cleaning

• If Adept Party Hire considers that the Hire Goods are returned in a substantially different state of cleanliness (inside and/or outside) to the state the Customer received it on the Start Date, Adept Party Hire will invoice the Customer, and the Customer must promptly pay, its reasonable costs of having the Hire Goods professionally cleaned.
• The Customer must clean all glassware, including cutlery, dishes and glasses of any kind before the Return Date, so that the Hire Goods are clean in time for collection by Adept Party Hire or timely return to Adept Party Hire. All glassware and plates are to be rinsed thoroughly and placed back in order into the boxes or crates they were received in. An additional fee of up to 50c per item will be charged when returned out of order or not rinsed clean.
• Any items that are returned dirty, in Adept Party Hire’s reasonable opinion, will incur an additional Cleaning Fee as set out in a Quote. Tablecloths that have stains not able to be removed with washing will be charged at replacement cost. Glasses and other items damaged will also be charge at replacement cost.

7. PAYMENT

Fees

• The Customer must pay the Fees to Adept Party Hire in the amounts set out in a Quote or as otherwise agreed in writing.

Deposit

• A Quote may specify that the Fees may include a non-refundable portion that is to be paid as a deposit to secure the booking for the Hire Goods (Deposit).
• If a Quote specifies a Deposit is to be paid, the Customer must pay the Deposit prior to the date specified in a Quote. If the Customer fails to pay a Deposit when due, Adept Party Hire may allocate the Hire Goods to another customer without liability to the Customer.
• The Customer acknowledges and agrees that the Deposit is paid in part-payment against the total Fees and is non-refundable except in accordance with these terms.

Bond

• Before providing you with Hired Goods, Adept Party Hire may request a bond in an amount set out in a Quote (Bond).
• Adept Party Hire may either take the Bond in cash or by placing a hold on your credit card.
• Adept Party Hire will return the Bond (minus any deductions it may make under these terms) once the Hired Goods have been returned and Adept Party Hire has inspected the Hired Goods to ensure they are not damaged, provided that Adept Party Hire may retain the Bond if it reasonably considers it will have rights to make deductions against the Bond in accordance with these terms.

Time for payment

• Unless otherwise agreed in writing:
  • the Customer must pay for all goods and services on or before the Start Date; and
  • in all other circumstances, if Adept Party Hire issues an invoice to the Customer, payment must be made in the amounts and by the time(s) specified in such invoice.

Payment method

• The Customer must pay Fees using the payment method specified in a Quote.

Late Payment

• If the Customer does not pay Adept Party Hire the amounts due and payable under an invoice on or before its due date, without limiting or otherwise affecting any of Adept Party Hire’s other rights under these terms, the Customer must pay Adept Party Hire interest at the rate of 20% per month (calculated on a daily basis) on each amount outstanding, from the due date for payment to the date on which the payment is received by Adept Party Hire.

Debt Collection

• If the Customer does not return or allow for collection of the Hire Goods or pay any amount due under these terms when due, Adept Party Hire may refer the unpaid amount (including interest accruing under clause 7(j)) to third party debt collectors.
• Adept Party Hire may provide these terms to those third party debt collectors for the purpose of recovering any amount due under these terms.
• The Customer acknowledges and agrees that, in addition to the unpaid amount, the Customer will be liable to pay all costs and expenses charged by the third-party debt collectors (including any legal costs) to Adept Party Hire.

GST

• Unless otherwise indicated, amounts stated in a Quote do not include GST. In relation to any GST payable for a taxable supply by Adept Party Hire, the Customer must promptly pay the GST subject to Adept Party Hire providing a tax invoice.

Card surcharges

• Adept Party Hire reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

Payments other than fees

• Immediately on request by Adept Party Hire, the Customer must pay:
  • the price of any Hire Goods which is for whatever reason not returned to Adept Party Hire at the expiry of the Rental Term;
  • the full cost of repairing any damage to the Hire Goods caused or contributed to by the Customer;
  • all costs incurred by Adept Party Hire in delivering and recovering possession of the Hire Goods; and
  • any expenses and legal costs (including commission payable to a commercial agent) incurred by Adept Party Hire in enforcing these terms due to the Customers default.
• Without limiting the ability of Adept Party Hire to recover all amounts owing to it, the Customer authorises Adept Party Hire to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Quot

8. CANCELLATION
   • The Customer may cancel a Quote by notifying Adept Party Hire in writing.
   • However, Adept Party Hire will provide refunds to the Customer only in accordance with the Cancellation Fees set out in a Quote.
   • The Customer acknowledges and agrees that the reductions in the amount refunded to the Customer as set out in a Quote are reasonable and necessary to protect Adept Party’s Hire legitimate business interests, as money is lost by Adept Party Hire in holding the items for the Customer.
9. RETURN OF HIRE GOODS
   • RETURN ON THE RETURN DATE
     • The Customer is only entitled to possess the Hired Goods for the Rental Term agreed in a Quote.
     • The Customer must, on the Return Date and by the Return Time specified in a Quote, make the Hire Goods available for collection by Adept Party Hire or return the Hire Goods to Adept Party Hire (as agreed in a Quote).
     • Adept Party Hire reserves the right to charge the Late Return Charges set out in a Quote for each day that the Hired Goods remain in the Customer’s possession after the expiry of the Rental Term. Adept Party Hire may deduct these fees from the Bond.
     • If the Customer does allow for the return of the Hire Goods on the Return Date, the Customer must pay the Late Charge for every additional 24 hour period after the Return Time on the Return Date for which the Customer retains possession of the Hire Goods.
     • If the Customer returns the Hire Goods before the Return Date, the Customer will be liable for the full Fees as if the Hire Goods was in the Customer’s possession from the Start Date until the Return Date, despite the early return of the Hire Goods.
   • INSPECTION ON RETURN
     • Adept Party Hire reserves the right to inspect the Hire Goods within 72 hours of return of the Hire Goods to Adept Party Hire to determine that the Hire Goods are in the same working condition in which they were provided to the Customer and return has otherwise been completed in accordance with these terms.
     • To the maximum extent permitted under applicable law, Adept Party Hire will not release the Bond until this inspection has been conducted.
   • DEMANDED EARLY RETURN

Notwithstanding any other clause in these terms, Adept Party Hire may demand the early return of the Hire Goods, or retake possession of the Hire Goods, if Adept Party Hire reasonably suspects that:

• damage to the Hire Goods or injury to any person in connection with the Hire Goods is reasonably likely; or
• the Hire Goods may be used for an unlawful purpose.

10. FAULTY EQUIPMENT
    • If the Hire Goods are faulty, break down or become unsafe to use during the Rental Term (Breakdown), the Customer must immediately:
      • notify Adept Party Hire;
      • stop using the Hire Goods;
      • take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Hire Goods;
      • take all steps necessary to prevent the Hire Goods from sustaining any further damage;
      • not repair or attempt to repair the Hire Goods without Adept Party Hire’s written consent; and
      • comply with Adept Party Hire’s directions in relation to the return of the Hire Goods.
    • Subject to clause 10(c), if, upon inspection of the Hire Goods, Adept Party Hire determines that a Breakdown was:
      • caused by a fault in the Hire Goods (not caused or contributed to by the Customer) (Hire Goods Fault) then Adept Party Hire will provide the Customer with a pro-rata refund of any Fees paid for the period of the Rental Term during which the Breakdown persisted; or
      • not caused by an Hire Goods Fault, then the Customer will still be required to pay Fees in accordance with a Quote.
    • Clause 10(b) does not limit:
      • any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
      • any rights or remedies Adept Party Hire may have access to in relation to a Breakdown, under these terms or otherwise.

11. REPLACEMENT, LOSS AND DAMAGE

Loss, damage and personal injury

• The Customer will be fully liable to Adept Party Hire for:
  • any loss or damage to the Hire Goods during the Rental Term, or otherwise when the Hire Goods are in the Customer’s possession, and must give reasonable notice to Adept Party Hire in writing of any such loss or damage; and
  • all damage to the property of any person which is caused or contributed to by the Hire Goods during the Rental Term, or otherwise when the Hire Goods are in the Customer’s possession.

Replacement

• If Adept Party Hire notifies the Customer in writing, the Customer must replace all parts of the Hire Goods which during the Rental Term have become worn out, lost, stolen, damaged beyond repair or permanently rendered unfit for use (fair wear and tear excepted), provided that the Customer must not make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of the Hire Goods.

12. INCIDENTS, INSURANCE AND EXCESS REDUCTION

Insurance

• The Customer acknowledges that Adept Party Hire may, in its discretion, hold insurances in relation to the Hire Goods but such insurances may not cover the Customer or the Customer’s use of the Hire Goods and Adept Party Hire will have no obligation or requirement to insure the Customer’s use of the Hire Goods under these terms. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Hire Goods.
• If Adept Party Hire notifies the Customer that it holds insurance in relation to the Hire Goods, or if the Customer has paid an Excess Reduction Fee, the Customer must not do or permit anything to be done which may make Adept Party Hire’s insurance invalid or able to be cancelled or which may increase Adept Party Hire’s insurance premiums.
• Adept Party Hire reserves the right to apply any insurance policy it does hold in respect of the Hire Goods during the Rental Term, to damage or loss caused or contributed to by the Customer, however Adept Party Hire is under no obligation to. If Adept Party Hire chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Rental Term, and there is an excess payable by Adept Party Hire under that policy, then the Customer must pay to Adept Party Hire an amount equal to that excess, on demand from Adept Party Hire.

Excess Reduction

• If an Excess Reduction Fee is set out in a Quote, and the Customer pays this amount to Adept Party Hire before the Start Date, then the excess payable under clause 12(c) will be limited, per incident, to the Reduced Excess amount set out in a Quote, subject to the terms of these terms.
• The Customer’s liability in relation to the Hire Goods will only be reduced to the Reduced Excess amount set out in a Quote, if:
  • the liability was not caused or contributed to by any unlawful act or omission (including any unlawful use of the Hire Goods), or a breach of these terms; and
  • Adept Party Hire’s relevant insurance policy covers that liability.
• The Customer’s liability in relation to the Hire Goods will not be reduced to the Reduced Excess amount set out in a Quote, even if the Customer has paid the Excess Reduction Fee, if the loss or damage is:
  • occasioned by the Customer failing to take reasonable care of the Hire Goods;
  • caused to the Hire Goods as a result of any illegal activity, misappropriation or wrongful conversion of the Hire Goods by the Customer;
  • caused by the Customer’s misuse, abuse, overloading, exceeding the rated capacity or improper servicing or repairs of the Hire Goods;
  • caused by the exposure of the Hire Goods to corrosive substances, salt water or toxic materials;
  • to the Included Attachments and/or tools, accessories, parts, grease guns, hoses, electrical cords, lights, light globes and other similar accessories, ground engaging tools, tracks, tyres and glass;
  • occurred while the Hire Goods was in transit, including during loading and unloading; and
  • arising in circumstances where a claim has been made by or against a third party.

Incidents, Loss and Damage

• Subject to any Adept Party Hire insurance policy that covers the Customer, which Adept Party Hire has stated in writing that it will claim against to cover the Customer (either by accepting an Excess Reduction Fee or as otherwise agreed in writing), if the Hire Goods are lost, damaged, destroyed or stolen during the Rental Term, or otherwise while the Hire Goods are in the Customer’s care, custody or control, the Customer must compensate Adept Party Hire for any costs of repair or replacement.
• If the Hire Goods are involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to a third party or the property of any third party in connection with the Hire Goods during the Rental Term, or otherwise when the Hire Goods are in the Customer’s possession (Incident), the Customer must:
  • must promptly report the Incident to the local police (if required by law);
  • must promptly report the Incident to Adept Party Hire in writing within one Business Day;
  • must, if such damage, destruction or theft is covered by and compensated to Adept Party Hire under an insurance policy, pay the relevant excess amount to Adept Party Hire (considering any excess reduction already paid by the Customer (if any)), as well as any other reasonable costs that Adept Party Hire incurs in relation to such damage, destruction or theft;
  • must not, without Adept Party Hire’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by law;
  • must, if requested, permit Adept Party Hire or its insurer to bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the incident; and
  • must, if requested and within a reasonable time, provide to Adept Party Hire, any statement, information or assistance which Adept Party Hire or its insurer requests, including by attending a lawyer’s office or a court to give evidence.

13. OWNERSHIP AND TITLE

Ownership

• The Hire Goods are and will at all times remain the property of Adept Party Hire, notwithstanding delivery of the Hire Goods to the Customer or the possession and use of the Hire Goods by the Customer.
• The Customer will not have any right, title or interest in or to the Hire Goods except as expressly set out in these terms.

Encumbrances

• The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Hire Goods, including a repairer’s lien, except:
  • if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Adept Party Hire’s option, Adept Party Hire may remove or satisfy the lien at the Customer’s cost; and
  • a security interest, lien or charge that arises by law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Hire Goods will be free of the lien or charge.

Personal Property Securities Act

• The Customer grants a security interest in all of its present and after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to the Customer, in favour of Adept Party Hire to secure the performance of its liabilities and obligations hereunder or on any account whatsoever.
• If requested by Adept Party Hire the Customer must immediately sign any documents, provide all necessary information and do anything else required by Adept Party Hire to ensure that the security interest created in Adept Party Hire’s favour is a perfected security interest.
• The Customer must not grant any other security interest in favour of any party until Adept Party Hire has perfected its security interest created under these terms.
• The Customer must not do or permit anything to be done that may result in the security interest granted to Adept Party Hire ranking in priority behind any other security interest.
• The Customer acknowledges that these terms constitute a security agreement for purposes of the PPSA and the Customer will do all things necessary to enable a security interest to be registered under the PPSA, and will comply with all requirements of the PPSA.
• To the fullest extent permitted by the PPSA, the Customer agrees to contract out of the application of the provisions listed in sections 115(1) and 115(7) and the sections listed therein shall not apply.
• The Customer hereby waives any rights the Customer may otherwise have to:
  • receive any notices or statements the Customer would otherwise be entitled to receive under sections of the PPSA including for the avoidance of any doubt the sections referred to in sections 115(1) and 115(7) of the PPSA;
  • apply to a Court for an order concerning the removal of an accession under section 97 of the PPSA;
  • object to a proposal of the Customer to purchase or retain any collateral under sections 130 and 135 of the PPSA; and
  • receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document.
• For the purpose of this clause and other relevant clauses in these terms, the expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “security interest”, “perfected security interest” and “verification statement” have the meanings given to them under, or in the context of the PPSA.

14. THIRD PARTY GOODS AND SERVICES
    • If Adept Party Hire is required to acquire goods or services supplied by a third party, the Customer may be subject to the terms and conditions of that third party (Third Party terms).
    • The Customer agrees to any Third Party terms applicable to any goods or services supplied by a third party that the Customer or Adept Party Hire acquires as part of renting the Hire Goods and Adept Party Hire will not be liable for any loss or damage suffered by the Customer in connection with such Third Party terms.
15. LIABILITY, WARRANTIES AND INDEMNITIES

Liability

• To the maximum extent permitted by law, Adept Party Hire’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with these terms:
  • is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
  • is limited, insofar as it concerns other liability, to the total money paid to Adept Party Hire under these terms as at the date that the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

Customer Warranty

• The Customer acknowledges that in deciding to rent the Hire Goods and in entering into these terms the Customer has not relied on the skill or judgment of Adept Party Hire and that the Customer has satisfied itself as to the condition, suitability and fitness for purpose of the Hire Goods.

Adept Party Hire Warranties

• To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these terms are excluded.
• Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

Indemnities

• The Customer indemnifies Adept Party Hire from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
  • injuries to or deaths of persons in connection with the Hire Goods during the Rental Term or otherwise when the Hire Goods are in the Customer’s care, custody or control;
  • damage to personal property in connection with the Hire Goods during the Rental Term or otherwise when the Hire Goods are in the Customer’s care, custody or control;
  • any breach of these terms by the Customer; or
  • any negligent, fraudulent or criminal act or omission of the Customer.

16. TERMINATION
    • TERMINATION RIGHTS
      • Adept Party Hire may terminate this agreement at any time by providing one 5 Business Days’ written notice to the Customer.
      • Either party (Non-Defaulting Party) may terminate this agreement immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:
        • is in breach of this agreement and either:
          1. fails to remedy such breach within 14 days of receiving notice from the Non-Defaulting Party requiring it to remedy such breach; or
          2. that breach is not capable of remedy; or
        • ceases, suspends or threatens to cease or suspend to conduct its business.
      • ACCRUED RIGHTS AND LIABILITIES

The expiration or termination of this agreement will not prejudice any accrued rights or liabilities of either party, nor excuse either party from a breach of this agreement occurring prior to expiration or termination of this agreement.

• CONSEQUENCES OF EXPIRATION OR TERMINATION

Upon expiration or termination of this agreement:

• the Hired Goods must be immediately returned to, or made available for collection by, Adept Party Hire (as directed by Adept Party Hire);
• the Customer must pay all amounts owed for Services already provided as at the date of termination;
• each party must return all property of the other party to that other party; and
• each party must immediately return to each other party, or (if requested by that party) destroy, any documents in its possession or control containing Confidential Information of the other party.

• SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

17. FORCE MAJEURE
    • If Adept Party Hire becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, Adept Party Hire must give to the Customer prompt written notice of:
      • reasonable details of the Force Majeure Event; and
      • so far as is known, the probable extent to which Adept Party Hire will be unable to perform or be delayed in performing its obligation.
    • Subject to compliance with clause 17(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
    • Adept Party Hire must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
    • For the purposes of this agreement, a ‘Force Majeure Event’ means any:
      • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      • strikes or other industrial action outside of the control of Adept Party Hire;
      • war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
      • any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of Adept Party Hire, to the extent it affects Adept Party Hire’s ability to perform its obligations.

18. DISPUTE RESOLUTION
    • The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with these terms prior to commencing any proceedings.
    • If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
    • The parties acknowledge that compliance with this clause 18 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
      • in the case of applications for urgent interlocutory relief; or
      • a breach by another party of this clause 18.

19. NOTICES
    • A notice or other communication to a party under these terms must be:
      • in writing and in English; and
      • delivered via email to the other party, to the email address specified in these terms, or if no email address is specified in these terms, then the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      • 24 hours after the email was sent; or
      • when replied to by the other party,

whichever is earlier.

20. GENERAL
    • (Governing law) This agreement is governed by the law applying in Queensland, Australia.
    • (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    • (Amendments) This agreement may only be amended in accordance with a written agreement between the parties.
    • (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    • (Severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
    • (Joint and Several Liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    • (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
    • (Counterparts) This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of these terms and all together constitute one agreement.
    • (Costs) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
    • (Entire agreement) This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
    • INTERPRETATION
      • (singular and plural) words in the singular includes the plural (and vice versa);
      • (gender) words indicating a gender includes the corresponding words of any other gender;
      • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      • (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      • (includes) the word “includes” and similar words in any form is not a word of limitation; and
      • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.