- Basis of Contract
- Unless otherwise agreed in writing by Melbourne Castle Hire and the hirer, these terms and conditions shall be the only terms and conditions on which Melbourne Castle Hire will provide the goods and or services to the hirer.
- These terms and conditions are deemed to be accepted by the hirer on payment of making a booking, whether the payment be partial or full, on receipt by Melbourne Castle Hire.
- The terms and conditions apply exclusively to every contract for the hire of goods and supply of services by the hirer from Melbourne Castle Hire and cannot be varied or supplanted by any other terms and conditions without prior written consent of Melbourne Castle Hire.
- A written quote provided by Melbourne Castle to the hirer regarding proposed hire of goods is valid for 14 days and is an invitation only to the customer to place an order based upon that quote.
- If Melbourne Castle Hire accepts an order placed by the customer, Melbourne Castle Hire agrees to hire the goods to the hirer for the hire period for use at the site on these terms and conditions.
- Goods hired shall at all times remain the property of the owner.
- Hire charges and variations
- A Minimum hire charge of $100.00 applies for any order
- Amount quoted is for use of the goods for the period of time stated in the contract. Each additional days use incurs an additional charge of 50% of the daily rate.
- Unless otherwise specified, any quotation assumes:
- delivery, installation, removal and return of goods being provided during ordinary working hours;
- delivery being made to street level;
- grounds or floors being level and clear;
- the customer unpacking, setting out, repacking and cleaning of goods.
- Any variation to the assumptions in clause 3.2 and 3.3 will incur further charges payable by the hirer for additional equipment used, time spent or overtime rates by Melbourne Castle Hire.
- Prices for hire of goods and services include GST.
- Invoicing, payment and bonds
- Payment for hire of goods and services must be made by:
- 50% of the total quoted fee on ordering; and balance on delivery, collection from Melbourne Castle Hire warehouse by customer or;
- if order placed less than 7 days from delivery, then payment in full is required to confirm booking.
- for approved invoiced customers, orders must be paid in full before the date of hired goods is delivered or collected by customer from Melbourne Castle Hire warehouse
- Payments must be made by cash, EFT and or credit card
- Melbourne Castle Hire requires a security bond for all hires. The hirer agrees to provide Melbourne Castle Hire with the hirer’s current credit card, expiry date and any other information, which may be necessary to debit the hirer’s credit card. Subsequent charges for loss, damage, repairs, extra time or other expenses will be debited from the hirer’s credit card and an invoice with receipt issued. Customer collections from Melbourne Castle warehouse require a current Australian drivers license.
- The hirer agrees to pay any expenses incurred or loss suffered by the owner as a result of breach by the hirer of its obligations pursuant to these terms and conditions (including legal and debt recovery costs).
- The hirer acknowledges and agrees that the owner may pay a commission or other financial benefit to event organizers or like suppliers in connection with the hiring of the equipment by the hirer.
- Variation and cancellation
- If through circumstances beyond the control of Melbourne Castle Hire, Melbourne Castle Hire is unable to provide goods, then Melbourne Castle Hire may:
- make changes to the goods provided that the end performance is not materially prejudiced; or
- cancel any order (even if it has already been accepted)
- The Hirer may cancel an order at any given time but will forfeit all booking deposits, whether they be partial or full. Any booking cancelled by the hirer within 48 hours of the date of delivery or collection from Melbourne Castle Hire warehouse, the balance of the hire fee will be due in full within 7 days.
- Delivery and Collection
- Goods will be delivered in a clean, but necessarily sterile, state. The hirer is responsible to ensure any goods from which food or drinks are to be served are fit to use.
- The hirer must allow all Melbourne Castle Hire employees’ access to the goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. The hirer is responsible for providing safe and proper access to and at the site. The hirer is liable for all injury, loss or damage suffered by Melbourne Castle Hire’s employees while at the site.
- The hirer must make the goods available for collect by Melbourne Castle Hire at the end of the hire period in a clean and dry state, otherwise additional charges will apply.
- Melbourne Castle Hire’s count and decision as to condition of goods prior to dispatch and on return shall be final.
- Responsibility of Hirer
- The hirer bears all risk in the goods for the hire period, including the hirers ability or competence to use the equipment hired.
- During the hire period, the hirer is responsible for:
- safekeeping of the goods during the hire period;
- using of the goods in strict conformity with the goods’ instructions and specifications;
- ensuring that the goods are not moved from site, unless in an emergency and Melbourne Castle Hire is advised immediately afterwards;
- complying with all relevant law, by-laws and regulations applicable to the installation, use and operation of the goods;
- protecting the goods against soilage, damage, fire, tempest, flood, theft, distress or seizure;
- using on fuel, power and consumables specified by Melbourne Castle Hire; and
- ensuring that the goods are not operated for any purpose beyond their rated capacity or in a manner likely to result in undue wear; and
- in the event equipment breaks down or becomes unsafe, ensuring appropriate steps are taken to prevent injuries to persons and to prevent the equipment sustaining further damage.
- The hirer will maintain at their own expense all appropriate policies of insurance
- for loss of or theft of the equipment hired in an amount not less than the replacement cost
- for loss of business or perishable goods as a result of damage to or breakdown of equipment hired
- for liability, property and casualty insurance coverage in amounts necessary to protect Melbourne Castle Hire, its employees and its equipment against all claims or loss whatsoever
- Breakdown or Defect
- The hirer must inspect all goods on receipt and notify Melbourne Castle Hire of any shortages or damages before the end of the hire period. Any Shortages or damages not notified within this time will be charged for in full.
- Breakdowns or defects of the goods resulting from:
- proper and ordinary use; or
- the development of an inherent fault or a fault not ascertainable prior to start the hire period; may, at Melbourne Castle Hires option, either be repaired or the goods replaced at Melbourne Castle Hires expense.
- If repair is impracticable and if replacement goods are not available, the proportional charge for broken or defective goods will be credited to the hirer and Melbourne Castle Hire will not have any other liability whatsoever to the hirer.
- No relief from hire charges nor any claims will be allowed by Melbourne Castle Hire:
- for stoppages or damages due to causes out of Melbourne Castle Hires control including, without limitation, breakdowns, bad weather or site conditions; or
- the hirer not informing Melbourne Castle Hire of the defect or breakdown immediately it occurs.
The hirer must not try to effect any repairs on the goods without the prior approval of Melbourne Castle Hire.
- Default and termination
- breaches any term of these terms and conditions
- is an individual and becomes bankrupt or enters into any scheme of arrangement or composition for the benefit of his or her creditors;
- is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment or composition with or for the benefit of its creditors, has a liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution; then Melbourne Castle Hire may, without prejudice to any other remedy available to it:
- require immediate payment of all money which would become payable by the hirer to Melbourne Castle Hire at a later date on any account, without further notice;
- charge the customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until date of payment in full;
- charge the hirer for, and the hirer must indemnify Melbourne Castle Hire from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or the taking action to enforce compliance with the terms and conditions or to recover goods;
- charge the hirer for the cost of repairing or replacing any lost, damaged or destroyed goods;
- charge the hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replace;
- claim damages from the hirer for breach of the hire contract; and/or
- cease or suspend for such period as Melbourne Castle Hire determines, supply of any further goods to hirer
- On termination, the hirer must immediately make the goods available for collection. If the hirer does not, Melbourne Castle Hire is entitled to enter any land and/or premises of the hirer where the goods are suspected to be to repossess the goods. Melbourne Castle Hire will not be liable for any damage caused and the hirer must indemnify Melbourne Castle Hire for any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.
- Limitation and Exclusion
- Except specifically set out in the terms and conditions, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, whether implied by statute, common law, trade usage, customer or otherwise, is hereby expressly excluded.
- Replacement or repair of the goods is the absolute limit of Melbourne Castle Hire’s liability howsoever arising under the terms and conditions or from the use of or any other dealings with the goods by the hirer or any third party.
- Force Majeure – If Melbourne Castle Hire is unable at any time to perform any of its obligations whether wholly or partial by reason of any cause beyond its control (including without limitation, acts of God, inclement weather or act of war) Melbourne Castle Hire may give written notice to that effect to the hirer, giving full particulars of such force majeure in which case the obligations of the hirer under this contract shall, to the extent that they are effected by the force majeure, be suspended during the term of the force majeure. Melbourne Castle Hire shall not be liable for any indirect or consequential losses or expenses suffered by the hirer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party for any loss or damage suffered by the hirer as a result of any delays caused by such force majeure events.
- Melbourne Castle Hire will not be liable for any loss or damage suffered by the hirer where Melbourne Castle Hire has failed to meet any delivery date or varies, cancels, suspends the supply of the goods.
- Nothing in the terms and conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
- The law of Victoria from time to time governs the terms and conditions and the parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and the courts entitled to hear appeals from those courts
- Failure by Melbourne Castle Hire to enforce any of these terms and conditions shall not be construed as a waiver of any of Melbourne Castle Hire’s rights.
- If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these terms and conditions without affecting the enforceability of the remaining terms.
- Release & Indemnity
- The hirer hereby releases the owner from, and agrees to indemnify the owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the equipment by the hirer.
- Hirer Bound
- The hirer shall be bound by these terms and conditions whether signed by the hirer or his/her agents, employees, servants, representatives or contractors.
“goods” means all goods, equipment, consumables, accessories and packing containers of whatever nature supplied by Melbourne Castle Hire to the hirer and “hire the goods” includes any services provided by Melbourne Castle Hire in delivery, unpacking, installing and collection of goods;
“GST” means GST within the meaning of the A New Tax System (Goods and Services TAX) Act 1999 or any amending legislation;
“Melbourne Castle Hire” means Melbourne Castle Hire ABN 96 376 818 731 trading as Melbourne Castle Hire.
- For customer or courier pick up, from when the goods leave Melbourne Castle Hire’s factory and or warehouse, until they are returned to Melbourne Castle Hire’s factory and or warehouse; or
- For Melbourne Castle Hire delivery, between arrival and installation at delivery address to collection and departure from same address.
“Hirer” means the person, firm, company or school, jointly or severally if more than one, hiring goods from Melbourne Castle Hire;
“The Owner” means Melbourne Castle Hire, its employees and agents;
“Site” means the geographical location at which the hired goods are used;
“Terms” means these Terms and Conditions of Hire.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Party Equipment Hire, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your melbournecastlehire.com.au Account and site. If you create a blog/site on the Website, you are responsible for main training the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MelbourneCastleHire may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MelbourneCastleHire liability. You must immediately notify MelbourneCastleHire of any unauthorized uses of your blog, your account or any other breaches of security. MelbourneCastleHire will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MelbourneCastleHire or otherwise.
By submitting Content to MelbourneCastleHire for inclusion on your Website, you grant MelbourneCastleHire a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, MelbourneCastleHire will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MelbourneCastleHire has the right (though not the obligation) to, in Melbourne Castle Hire P/L sole discretion (i) refuse or remove any content that, in Melbourne Castle Hire P/L reasonable opinion, violates any MelbourneCastleHire policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Melbourne Castle Hire P/Lsole discretion. MelbourneCastleHire will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay MelbourneCastleHire the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify MelbourneCastleHire before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time by submitting your request to MelbourneCastleHire in writing.
- Fees; Payment. By signing up for a Services account you agree to pay MelbourneCastleHirethe applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. MelbourneCastleHire reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at anytime on thirty (30) days written notice to Party Equipment Hire.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by MelbourneCastleHire to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free melbournecastlehire.com.au services. All support will be provided in accordance with MelbourneCastleHire standard services practices, procedures and policies.
- Responsibility of Website Visitors. MelbourneCastleHire has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MelbourneCastleHire does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MelbourneCastleHire disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which melbournecastlehire.com.au links, and that link to getinstantvideomachine.com. MelbourneCastleHire does not have any control over those non-MelbourneCastleHire websites and webpages, and is not responsible for their contents or their use. By linking to a non-MelbourneCastleHire website or webpage, MelbourneCastleHire does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MelbourneCastleHire disclaims any responsibility for any harm resulting from your use of non-MelbourneCastleHire websites and webpages.
- Copyright Infringement and DMCA Policy. As MelbourneCastleHire asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by melbournecastlehire.com.au violates your copyright, you are encouraged to notify MelbourneCastleHire in accordance with Melbourne Castle Hire P/L Digital Millennium Copyright Act (“DMCA”) Policy. MelbourneCastleHire will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MelbourneCastleHire will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MelbourneCastleHire or others. In the case of such termination, MelbourneCastleHire will have no obligation to provide a refund of any amounts previously paid to Party Equipment Hire.
- Intellectual Property. This Agreement does not transfer from MelbourneCastleHire to you any MelbourneCastleHire or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Party Equipment Hire. Party Equipment Hire, getinstantvideomachine.com, the melbournecastlehire.com.au logo, and all other trademarks, service marks, graphics and logos used in connection with getinstantvideomachine.com, or the Website are trademarks or registered trademarks of MelbourneCastleHire or Melbourne Castle Hire P/L licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MelbourneCastleHire or third-party trademarks.
- Advertisements. MelbourneCastleHire reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. MelbourneCastleHire reserves the right to display attribution links such as ‘Blog at getinstantvideomachine.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. MelbourneCastleHire reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MelbourneCastleHire may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. MelbourneCastleHire may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your melbournecastlehire.com.au account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by MelbourneCastleHire if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Melbourne Castle Hire P/L notice to you thereof; provided that, MelbourneCastleHire can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. MelbourneCastleHire and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MelbourneCastleHire nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Party Equipment Hire, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MelbourneCastleHire under this agreement during the twelve (12) month period prior to the cause of action. MelbourneCastleHire shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Party Equipment Hire, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between MelbourneCastleHire and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Party Equipment Hire, or by the posting by MelbourneCastleHire of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Shrewsbury, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Shrewsbury, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MelbourneCastleHire may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.