• 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.
  • Insurance
    • 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
    • If the hirer:
  • 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.
  • Miscellaneous
    • 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.
  1. Definitions

“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.

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