TERMS AND CONDITIONS OF HIRE | TIMBERMILL RENT
The below terms and conditions of hire refers to Timbermill Pty Limited ACN 167 686 160 (‘Timbermill’) & Timbermill Designs ABN A.B.N. 78 653 424 119 of 30 Sydney Street, Marrickville, New South Wales 2204 and the individual, company or corporation or agency who wishes to hire Quote Items from Timbermill as named in the Rental Quote (‘Hirer’).
01 RENTAL QUOTE
The Rental Quote provided to you at the time of your request for hire sets out the items of furniture to be hired (Quote Items) together with the hire period and other key hire terms (Rental Quote). For the avoidance of doubt, Rental Quote includes any variation Rental Quote agreed and accepted by Timbermill in accordance with these terms and conditions.
The acceptance of the Rental Quote (whether Rental Quote acceptance is oral or written) will be deemed as acceptance of these terms and conditions and form a contract between Timbermill and the Hirer (Agreement). Timbermill rejects any other terms proposed by the Hirer not agreed by Timbermill and expressly incorporated in these terms and conditions. 03 HIRE CHARGES Hire charges are those charges as set out in the Rental Quote provided to the Hirer (Hire Charges). Subject to any variation, the Hirer shall pay the hire charges at the rate specified in the Rental Quote, from the event start date until the event end date, at which time the Quote Items are to be returned to Timbermill’s premises, regardless of whether or not the Quote Items were used by the Hirer. All Hire Charges exclude GST, which are to be paid by the Hirer in addition to the Hire Charges.
03 THE HIRE CHARGES SHALL INCLUDE ALL:
transport costs and charges where applicable;
cleaning or repair charges if the Quote Items are not returned in clean and good conditions;
credit card charges; and
any other charges or costs described in our Rental Quote to you, unless otherwise stipulated by Timbermill in the Rental Quote.
05 QUOTE ITEMS AND PERIOD OF HIRE
Quote Items means any and all items of furniture or other Quote Items to the Hirer as set out in the Rental Quote. Timbermill agrees that it will hire the Quote Items exclusively to the Hirer for the period of hire (being event start date to the event end date) as set out in the Rental Quote (Hire Period). Where Timbermill agrees to a fixed Hire Period, this period may only be varied by written consent of Timbermill, which may be withheld in its absolute discretion.
Additional Quote Items provided to the Hirer, or an extension to any Hire Period and which is not outlined in the Rental Quote will be deemed a variation of the Agreement and is subject to the written consent of Timbermill, which may be withheld in its absolute discretion. Where Timbermill agrees to any such variation, a revised Rental Quote will be sent to the Hirer for the additional Quote Items, and all variation prices must be agreed to by the Hirer prior to the Quote Items being delivered. Timbermill shall have no liability to the Hirer or any third party if for any reason the Quote Items the subject of the variation are not available for hire.
07 DEPOSIT AND FINAL PAYMENT
A 50% non-refundable deposit is payable by the Hirer upon acceptance of the Rental Quote, a signed copy of which must be returned to Timbermill at the time of payment of the non-refundable deposit. The Hirer will pay the remaining 50% of the Hire Charges no later than fourteen (14) days prior to the commencement of the Hire Period. In the event the Hirer requires the Quote Items to be available less than 14 days after the payment of the non-refundable deposit, 100% of the Hire Charges are payable immediately by the Hirer on acceptance of the Rental Quote.
08 CONDITION OF QUOTE ITEMS
All Timbermill Quote Items are maintained and itemized before being issued to a Hirer and Timbermill warrants that the Quote Items are free from defects, in good working order and fit for the purpose for which Quote Items of that kind are commonly supplied. Timbermill takes no responsibility and does not give any warranty (save for any warranty required to be given pursuant to the Australian Consumer Law) with respect to the suitability of the Quote Items for a Hirer’s individual purposes. The Hirer acknowledges and agrees that it is satisfied as to the suitability, condition and fitness of the Quote Items for use by the Hirer. It is the Hirer’s responsibility to inspect the Quote Items on receipt to ensure that all Quote Items are free from defects and in good working order. The Hirer must notify Timbermill within 8 hours of receiving the Quote Items if they do not meet the warranty given.
09 SUPPLY AND RETURN OF QUOTE ITEMS
A Hirer may elect to collect the Quote Items or have the Quote Items delivered by Timbermill (or its authorised agents). Details of the supply of Quote Items (including any additional charges for deliver facilitated by Timbermill) are set out in the Rental Quote. A delivery docket will be provided to the Hirer upon collection or delivery of the Quote Items by or to the Hirer. The Hirer must sign the delivery docket prior to any Quote Items being released by Timbermill in to the custody of the Hirer (or its authorised nominee).
- (a) collect the Quote Items from Timbermill’s premises; and/or
- (b) arrange for the collection of the Quote Items by Timbermill from the Hirer’s premises,
- (d) the proposed date of collection; and
- (e) a contact telephone number for the Hirer or its authorised nominee.
11 HIRER’S RESPONSIBILITIES
Store the Quote Items safely and securely and protect from theft, seizure, loss or damage; Not alter, tamper, damage or repair the Quote Items without Timbermill’s written consent; Not remove the Quote Items from the location described in the Rental Quote; Allow Timbermill (or a nominated person) to enter the premises where the Quote Items are stored to inspect the Quote Items, at any times during the Hire Period; Notify Timbermill immediately if there is ay loss or damage to any of the Quote Items. If the Quote Items are damaged (other than fair wear and tear) and are capable of repair, the Hirer must compensate Timbermill for the cost of repair in accordance with the Agreement. If the Quote Items are lost or damaged beyond repair, the Hirer must pay Timbermill for the replacement cost of the Quote Items and any additional costs incurred by Timbermill due to the loss or damage of the Quote Items and in accordance with the Agreement. The Hirer must maintain at its own expense during the Hire period all policies of insurance appropriate to the capacity of the Hirer (including by way of example, but not limited to public liability insurance, workers compensation insurance, business insurance or contents insurance). The Hirer must produce on request by Timbermill, appropriate evidence of insurance, before the date of delivery of the Quote Items to the Hirer. In the event that the Quote Items are lost of damaged in circumstances where a claim can be made upon insurance effected by Timbermill pursuant to these terms then the hirer must: Report the damage or loss to Timbermill and the Police (if appropriate) immediately upon the Hirer becoming aware of such loss or damage; provide all necessary co-operation to Timbermill, the Police and the insurer in respect of any claim; and immediately upon demand pay to Timbermill any excess payable by Timbermill on the insurance effected by Timbermill. This provision does not in any way affect the Hirer’s liability for any loss or damage to the Quote Items or any monies payable pursuant to those Terms.
13 TERMINATION AND ACCESS FOR REPOSSESSION OF QUOTE ITEMS
14 DAMAGE, LOSS AND BREAKAGE
15 INDEMNITY AND LIMITATION OF LIABILITY
in this Agreement restricts or modifies any right or remedy including any guaranteed imposed or implied under the Australian Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services. To the extend that Timbermill is able to determine the same our liability for breach is limited to (at our sole discretion) supply of substitute Quote Items (or the cost of doing so). Save for any liability the Timbermill may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether is contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Hire Charges paid by you under this agreement. Timbermill is not liable for any consequential, indirect of special loss or damage, loss of profits, loss of business, business interruption, cost or amount that the Hirer is liable for arising out of any loss suffered by third parties under of relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable any even if advised of the possibility of the loss or damage. The Hirer must indemnity Timbermill against all liability, claims, damage, loss, cost and expended (including, without limitation, legal fees, costs and disbursements, on a full indemnity basis, whether incurred against or by Timbermill in respect of: personal injury damage to tangible property; or a a claim by a third party, in respect of the use of the Quote Items. To the extent that Timbermill’s loss is cause by our negligence, the Hirer’s liability is reduced to that extent.
16 FORCE MAJEURE
ANYTHING ELSE? FEEL FREE TO SEND US AN EMAIL AT RENTALS@TIMBERMILL.COM.AU
LAST UPDATED SEPTEMBER 2016