In these conditions “Owner” means Complete Party & Marquee Hire and Hirer means any person, Company or Corporation who shall hire any goods from the Owner.
2.
An additional charge and/or extra charge is payable by the Hirer where equipment is returned late. An additional charge is payable for cleaning and/or repair where equipment is returned in a dirty or damaged condition. The Hirer will pay the current replacement costs for equipment (fixed by a copy of supplier’s invoice to the Owner) which is lost or returned irrepairable (the sole judge of which shall be the Owner), whether due to neglect of the Hirer or for any other reason.
3.
A.
INDEMNITY
The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner’s servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising directly or indirectly from the use, maintenance, transport operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise.
B.
EXCLUSION OF LIABILITY
The Owner shall not be liable to the Hirer or the Hirer’s servants or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trades and Practices Act (1974) or relevant State legislation), use, maintenance, transport, operation of the goods or otherwise and whether resulting from negligence of the Owner, its servants or agents or otherwise.
C.
OPERATION OF CLAUSES A AND B
Clauses A and B hereof to the extent they are inconsistent with other clauses, terms and conditions or this Agreement are to overide such clauses and be of paramount force.
4.
Hirer to grant access to Owner for repair, examination, or recovery of equipment in event of Hirers default.
5.
The Hirer grants irrevocable permission for the Owner to enter upon any premises or property where the equipment is stored to recover the same. Where pick-up by the Owner is agreed, equipment shall be stacked in an accessible position for pick-up and easy loading as Owners trucks do not leave load carriageway; any extra expense incurred by the Owner in this regard is payable by the Hirer.
6.
Refunds will only be made at the discretion of the Owner which will be absolute.
7.
Trading terms of charge account customers are nett thirty (30) days and the Hirer shall pay interest at the rate of two (2) per centum per calendar month (or part thereof) for late payments charged to be calculated on the amount outstanding from the date due. All other Hirers shall pay C.O.D. In addition to any other rights of the Owner, all payments not made when due and payable (including additional charges, charges for repair or return, charges for replacement, charges for extension of hire, or otherwise) shall bear interest on the amount outstanding from time to time at the rate of two (2) per centum per calendar month (or part thereof) from the date upon which payment should have been paid until payment in full is made.
8.
Marquees and all other goods supplied for functions to be held in public places or unsecured private properties are the sole responsibility of the Hirer who could be asked by the Owner to supply either security or insurance or both for the period of the hire covering all goods supplied.
9.
Goods not the be shifted from address hereon without consent of the Owner. Goods received under terms specified hereon.
