General Terms & Conditions of Hire

The Owner hires the Equipment to the Hiree for the Hire Period pursuant
to these Terms.
1. DEFINITIONS
In these Terms:
“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended.
“Agreement” means the agreement for the hire of Equipment by the Hiree from the Owner, comprising these Terms and the Invoice.
“Booking Fee” means the amount payable by the Hiree to the Owner in accordance with clause 4.
“Delivery Fee” means the amount payable by the Hiree to the Owner  for the transportation, delivery and/or collection of the Equipment, as set out in the Invoice.
“Deposit Bond” means the amount payable by the Hiree to the Owner in accordance with clause 4 and as set out in the Invoice.
“Equipment” means all the equipment supplied by the Owner to the Hiree in accordance with this Agreement, as set out in the Invoice, together with all associated accessories.
“General Cleaning and Maintenance Waiver” means an amount equal to 7% of the Hire Charges, payable by the Hiree in accordance with clause 5.
“GST” means the Goods and Services tax as defined in the GST Law.
“GST Law” means A New Tax System (Goods and Services Tax) Act  1999 (Cth) and its associated Regulations as amended.
“Hire Charge” means the amounts payable by the Hiree to the Owner for the hire of the Equipment as set out in the Invoice.
“Hire Period” means the hire period specified in the Invoice. Where the Hiree retains the Equipment beyond the specified Hire Period, then the Hire Period is to be expressly interpreted as, commencing from the date on which the Equipment leaves the Owner’s premises until its return.
“Hiree” means the person, firm or corporation hiring the Equipment from the Owner and if more than one, jointly and severally.
“Invoice” means the invoice which was provided to the Hiree and outlines the Hire Charges.
“Owner” means DS Hampton Pty Ltd ACN 650 741 067 as Trustee for DS Hampton Trust and MF Hampton Pty Ltd ACN 650 739 546 as Trustee for MF Hampton Trust trading as Hampton Event Hire.
“Site” means the location the Equipment is delivered to or kept.
“Terms” means these General Terms and Conditions of Hire.

2. BASIS OF HIRE
[a] Unless otherwise agreed by the Owner in writing, these Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Hiree’s terms and conditions (if any).
[b] Where the Hiree orders extra Equipment to that detailed in the initial Invoice, these Terms will apply to the hire of that additional Equipment.

3. HIRE PERIODS
[a] The Owner agrees to hire the Equipment to the Hiree for the agreed Hire Period.
[b] Subject to clause 3(c), this Agreement continues for the Hire Period unless terminated early by the Owner in accordance with these Terms.
[c] If the Hiree wishes to extend the Hire Period, the Hiree must contact the Owner prior to expiry of the Hire Period and will depend on the availability of Equipment. If the Equipment is available for the extended Hire Period, the Owner will provide to the Hiree a quotation for the extended Hire Period. If the Hiree does not accept the
quotation prior to expiry of the Hire Period and pay any applicable additional fees and charges for the extended Hire Period, the Hiree must return, or make the Equipment available for collection (if the terms of hire included collection by the Owner) immediately upon expiry of the Hire Period.

4. BOOKING FEES AND DEPOSIT BOND
[a] A non-refundable Booking Fee equal to 40% of the total Hire Charges, Delivery Fees, and General Cleaning and Maintenance Waiver must be paid to the Owner within 7 days of Invoice date to secure availability of the Equipment for the proposed Hire Period and the Hiree’s booking.
[b] Booking Fees paid by the Hiree will be credited towards the total amount payable by the Hiree under this Agreement.
[c] Booking Fees are required for all orders, with the exception of:
[i] orders placed less than 14 days prior to the Hire Period require payment in full, at the time of booking, of all Hire Charges, Delivery Charges, General Cleaning and Maintenance Waiver, Deposit Bond and any other charges payable under this Agreement to secure the
booking; and
[ii] all custom built or special purchase Equipment require a deposit of 70% of the total Invoice amount at the time of booking to commence manufacture or buying process, and the balance of the amount payable must be paid in full by the Hiree prior to delivery or pick-up of the Equipment.
[d] If the Hiree requests to have one or more items of Equipment removed from the Agreement after the Booking Fee is paid, the Hiree acknowledges and agrees that the Booking Fee is non-refundable nor transferable and the Hiree will not be entitled to a refund of any part of the Booking Fee with respect to the removed Equipment.
[e] The Owner may, in its absolute discretion having regard to the nature of the Equipment being hired, the Hire Period, the Site or any other consideration that the Owner considers reasonable, require the Hiree to pay a Deposit Bond, in addition to the Booking Fee, at the time of booking.
[f] The Deposit Bond secures to the Owner return of the Equipment by the Hiree at the time, in the manner and in the condition required by this Agreement, performance by the Hiree of its obligations under this Agreement as well as payment of any repair and/or replacement costs payable by the Hiree.
[g] The Deposit Bond does not form part of the Hire Charges. If the Hiree returns the Equipment to the Owner at the time, in the manner and in the condition required by this Agreement and the Hiree is not otherwise in default under this Agreement, the Owner will refund the Deposit Bond to the Hiree by electronic funds transfer to the Hiree’s
nominated account within 48 hours of receipt of the Equipment by the Owner.
[h] If:
(i) the Equipment is not returned to the Owner on or before expiry ofthe Hire Period;
(ii) the Equipment is damaged or in a poor condition or state of repair or cleanliness, having regard to the condition of the Equipment at the commencement of the Hire Period (fair wear and tear excepted); and/or
(iii) the Hiree is otherwise in breach of this Agreement, the Owner may, in its absolute discretion, forfeit the whole or such part of the Deposit Bond as the Owner considers reasonably necessary, to compensate the Owner for the loss and damage suffered by the Owner including (without limitation), reimbursement of additional Hire Charges (or loss of opportunity resulting from the Equipment being returned late or not at all), repair or replacement of the Equipment and/or cleaning costs. Any portion of the Deposit Bond
that is not forfeited will be refunded to the Hiree by electronic funds transfer to the Hiree’s nominated account.
5. HIRE CHARGES AND OTHER FEES
[a] In consideration of the Owner providing the Equipment to the Hiree for the Hire Period, the Hiree agrees to pay the Hire Charges, Delivery Fee, General Cleaning and Maintenance Waiver, Deposit Bond (if applicable) and any other applicable fees and charges to the Owner in accordance with these Terms.
[b] Unless otherwise specifically agreed in writing, the Hire Charge for the hire of the Equipment:
[i] is calculated on an initial 3 day hire basis;
[ii] is extended on a daily hire basis;
[iii] excludes GST and any other taxes or duties imposed on or in relation to the Equipment, which must be paid by the Hiree in addition to the Hire Charges; and
[iv] excludes Delivery Fee, insurance and any additional charges specified in this Agreement, which must be paid by the Hiree in addition to the Hire Charges (where applicable).
[c] The Delivery Fee, General Cleaning and Maintenance Waiver and other fees are exclusive of GST and the Hiree must pay GST on these fees and charges at the same time and in the same manner as payment of the charge itself.
[d] Delivery Charges quoted are calculated bespoke to each Site. The Owner reserves the right to charge the Hiree additional Delivery Charges where:
[i] loading and/or unloading of the Equipment exceeds the quotedDelivery Charges;
[ii] delivery or collection dates and/or times are required to be changed to outside of the Owner’s usual operating hours; and/or
[iii] there are delays to, or a failure of, access to the Site.
[e] The total amount payable by the Hiree under this Agreement must, unless otherwise agreed by the Owner, be paid no later than 14 days before pick-up or delivery of any Equipment. If the Hiree does not pay the total amount due and owing under this Agreement within this timeframe, the Equipment will not be released to the Hiree and any
Booking Fee paid by the Hiree is non-refundable.
[f] A General Cleaning and Maintenance Waiver equal to 7% of the Hire Charge is payable by the Hiree to cover all standard costs associated with professional cleaning and minor wear and tear of Equipment.
[g] If an item is returned dirty and the cleaning cost exceeds the 7% General Cleaning and Maintenance Waiver, the Owner reserves the right to charge the Hiree for the additional costs of cleaning the Equipment. The Owner will issue you with a tax Invoice for the additional cleaning costs and payment is required within 7 days of
issue of the Owner’s tax Invoice.
[h] If an item is returned:
[i] damaged but repairable, the Hiree will be charged for the cost ofrepair;
[ii] damaged and unrepairable, the Hiree will be charged for the cost of replacing the damaged item on a new for old basis and with a replacement item that is reasonably similar to the damaged item.
[i] The Owner will issue you with a tax Invoice for the repair or replacement costs (as applicable) and payment is required within 7
days of provision of the Owner’s Tax Invoice.
[j] If an item requires repair or replacement, at the discretion of the Owner, the Hire Charges will continue to accrue:
[i] until the Owner receives payment from the Hiree for lost
Equipment, or Equipment damaged beyond economical repair; or
[ii] until the Owner receives a return of the repaired or replacement Equipment.
[k] In the event that the Owner is issued with a fine due to the instructions of the Hiree, the fine will be payable by the Hiree.
[l] All payments must be made without any deduction or set-off.
[m] A credit card surcharge may apply to payments made by credit card.
[n] The time for payment is of the essence.

6. PAYMENT DEFAULT
[a] Without limitation upon any of the Owner’s other legal rights, if the Hiree defaults in payment by the due date of any amount payable to the Owner under these Terms, then all money which would become payable by the Hiree to the Owner at a later date on any account becomes immediately due and payable and the Owner may, without
prejudice to any of its other accrued or contingent rights:
[i] charge the Hiree interest on any sum due at the contract default rate published by the Queensland Law Society for the period from the due date until the date of payment in full; and/or
[ii] charge the Hiree for, and the Hiree must indemnify the Owner from, all costs and expenses (including without limitation all collection fees and legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover the Equipment; and/or
[iii] cease or suspend the hire of any further Equipment to the Hiree; and/or
[iv] forefeit the whole or part (in the Owner’s discretion) of the Deposit Bond; and/or
[v] by written notice to the Hiree, terminate any uncompleted Agreement with the Hiree.

7. PICK-UP/DELIVERY, SET-UP AND RETURN/COLLECTION OF EQUIPMENT
[a] The Hiree acknowledges that all items are used and therefore reasonable signs of wear and tear can show as they are continual hire items.
[b] Unless the Invoice specifies that the Owner will deliver the Equipment to the Hiree and the Hiree has agreed to pay the applicable Delivery
Fee:
[i] the Hiree must pick-up the Equipment from the Owner on the first day of the Hire Period (unless otherwise agreed in writing by the
Owner); and
[ii]if the Hiree does not pick-up the Equipment on (or before if agreed with the Owner) the first day of the Hire Period, the Hiree is deemed to have taken delivery of the Equipment from the first day of the Hire Period and remains liable for all amounts payable under this Agreement.
[c] The Hiree, or representative of the Hiree, is responsible for checking the condition and state of repair of the Equipment upon pick up/delivery of the Equipment. The Owner will not accept any claims by the Hiree relating to the condition or state of repair of the Equipment once the Equipment has been picked-up/delivered.
[d] Any inductions, permits or additional documents required to be supplied by the Owner incur an administration fee of $95.00 and need to be paid by the Hiree latest 7 days before commencement of the Hire Period. Failure to do this may result in Equipment not being released.
[e] There must be a Site contact available at all times during the delivery and collection dates to sign for both the delivery and collection. The Hiree must provide the Owner with the name/s of this person/s and contact details.
[f] The Hiree must provide clear delivery and collection instructions at least 7 days prior to the event date. These instructions include date, time, location, Site contact details and any further information which is needed for the delivery and collection.
[g] If the Owner is delivering or collecting Equipment, the Hiree is responsible for allowing sufficient time and access to the venue for the Owner to complete delivery and/or collection.
[h] When Equipment is received, it is the sole responsibility of the Hiree, or representative of the Hiree, to check the delivery confirmation to confirm all Equipment has been delivered and to inspect the condition of the Equipment. If item/s are missing, unsatisfactory or not in working condition on delivery, it is the responsibility of the Hiree to
inform the Owner’s delivery team or office staff immediately.
[i] The Hiree agrees:
[i] that the Owner is permitted to deliver or collect the Equipment whether or not a representative of the Hiree is present at the time of delivery or collection;
[ii] should there be no Hiree representative present at the time of delivery or collection, the Owner’s delivery confirmation will be taken to be evidence of delivery or collection unless proven otherwise; and
[iii] the Hiree hires and is responsible for the Equipment even if delivered by the Owner in the absence of a Hiree representative.
[j] The Hiree must return the Equipment to the Owner at the end of the Hire Period:
[i] in good working order and condition having regard to the state of repair of the Equipment upon collection or delivery; and
[ii] in a clean and serviceable state with all crockery and glassware rinsed of food and drinks and re-packaged exactly as delivered.

8. HIREE OBLIGATIONS
[a] The Hiree is responsible for:
[i] the safekeeping of the Equipment during the Hire Period;
[ii] maintaining and not defacing or removing the Owner’s ownership markings on the Equipment during the Hire Period;
[iii] the use of the Equipment in strict conformity with the Owner’s specifications;
[iv] ensuring that the Equipment is not moved from the Site during the Hire Period, unless in an emergency and the Owner is advised immediately afterwards;
[v] protecting the Equipment against fire, theft, distress or seizure;
[vi] providing safe and proper access for the Owner to the Equipment and the Site;
[vii] any damage, other than fair wear and tear, to the Equipment;
[viii] return of the Equipment to the Owner at the end of the Hire Period, in accordance with clause 7(j); and
[ix] maintaining the Equipment in good repair and working condition during the Hire Period.
[b] Special note: Due to its manufacturing process, bentwood furniture is particularly sensitive to water. Therefore, it cannot be left out in the rain or used on wet ground, and is recommended for indoor use only. Any required repairs or replacement of damaged bentwood chairs and bentwood stools is extremely costly and the responsibility of the Hiree.

9. CANCELLATIONS
[a] Booking Fees are non-refundable in the event of cancellation, change-of-mind or change of date by the Hiree.
[b] Cancellations by the Hiree notified to the Owner more than 14 days from the start of the Hire Period will receive a refund of any Hire Charges and other fees and charges paid to the Owner, excluding the Booking Fee.
[c] For sit down events, where final numbers are required, a 10% reduction can be made to chairs, tables and catering items only, at no cost to the Hiree provided that the Hiree confirms final numbers to the Owner at least 14 days prior to the start of the Hire Period. For reductions greater than 10%, the Hiree agrees that the Booking Fee amount will be forfeited with respect to the cancelled items.
[d] Subject to 9(g), cancellations made less than 14 days from the start of the Hire Period will receive a refund of the Delivery Fee and the General Cleaning and Maintenance Waiver only. All Hire Charges and any other fees payable under these Terms (other than the Delivery Fee and the General Cleaning and Maintenance Waiver) remain due and
payable by the Hiree as the Owner’s damages for loss of opportunity.
[e] No refund applies for Equipment cancelled on delivery or to cancellations of custom built or special purchase Equipment and full payment must be paid by the Hiree.
[f] Booking fees are non-transferable.
[g] If, due to a government mandated lockdown or restriction, the Hiree’s event cannot proceed for the scheduled Hire Period, the Owner will take reasonable steps to work with the Hiree to rebook the Equipment for an alternative Hire Period (Replacement Booking) and in which case, all fees and charges paid by the Hiree will be credited
towards the Replacement Booking. The Owner’s liability and responsibility in these circumstances is limited to crediting funds paid to the Replacement Booking. If the Hiree does not wish to re-book the Equipment for an alternative Hire Period or the Equipment is not available for the Hiree’s preferred alternative dates and the Hiree does
not wish to proceed with a Replacement Booking, the Hiree acknowledges and agrees that the booking will be treated as a cancellation and the Owner’s standard cancellation policy will apply. The Hiree acknowledges and agrees that postponement or rebooking requests resulting from circumstances other than a government mandated restriction or lockdown (for example resulting from isolation or quarantine of the Hiree or a related party due to illness) the Owner has absolute discretion as to whether such request is to be dealt with as a cancellation or a Replacement Booking.

10. RISK, INSURANCE, LIABILITY AND INDEMNITY
[a] The Hiree assumes all responsibility for the Equipment from the time of delivery or pick-up until collection or return by or to the Owner. The Hiree assumes all risk and liability relating to or arising from the selection, use and storage of the Equipment and for loss, damage or injury to persons or to property of the Hiree, or third parties arising out of the use or possession of the Equipment, unless recoverable from the Owner on the failure of any statutory guarantee under the ACL.
[b] The risk in the Equipment and all insurance responsibility for theft, damage or otherwise will pass to the Hiree immediately upon the Equipment being delivered to the Hiree at the Site or its nominated delivery point, or taken from the Owner’s premises by the Hiree or its agent.
[c] The Hiree must promptly report any theft of the Equipment to the police and to the Owner and provide the Owner with written evidence verifying that report.
[d] Any Equipment used outside is done so entirely at the risk of the Hiree. In no case should the Equipment be used or left outside in the rain, in windy conditions or exposed to mildew.
[e] Except as the Terms specifically state, or as contained in any express warranty provided in relation to the Equipment, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Equipment or any contractual remedy for their failure. To the full extent permitted by law, all warranties, conditions and guarantees that may otherwise apply or be implied are excluded and the Owner’s only obligation resulting from a breach by it of any condition, warranty or guarantee that cannot be excluded is limited to replacing or re-supplying Equipment similar to the defective Equipment.
[f] The Hiree acknowledges that:
[i] it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by the Owner in relation to the Equipment or its selection, use, application or location; and
[ii] it has the sole responsibility of satisfying itself that the Equipment is suitable for the Hiree’s use.
[g] To the extent permitted by law, the Hiree will indemnify the Owner and keep it harmless from all costs, actions, claims, demands, loss or damage (including all legal costs) arising from or in connection with the Equipment or as a result of its selection, use, application or location.

11. OWNER’S RIGHTS ON TERMINATION OR EXPIRY OF THE HIRE
PERIOD
[a] Notwithstanding the specified Hire Period, the Owner may terminate
this Agreement if the Hiree:
[i] fails to pay any money due and owing to the Owner under these
Terms on the due date for payment;
[ii] becomes bankrupt or is made insolvent; or
[iii] breaches any other condition of these Terms.
[b] Notwithstanding the Hiree’s obligation to return the Equipment, the Owner may elect to repossess the Equipment upon termination of the Agreement or expiry of the Hire Period. Repossession of the Equipment does not affect the right of the Owner to recover monies owing to it by the Hiree.
[c] For the purposes of clause 11(b), the Hiree hereby provides all necessary permissions to the Owner to enter any premises on which the Equipment is located to effect repossession, and indemnifies the Owner against
[i] any liability arising from entry onto the Site and removal of the Equipment; and
[ii] the costs of repossession and transport of the Equipment back to the Owner, which will be payable by the Hiree at the Owner’s prevailing rates as made available to the Hiree.
[d] The Owner will not be liable to the Hiree by reason of termination or expiration of the Agreement for compensation, reimbursement or damages on account of any loss or damage of any nature whatsoever to the Hiree.
[e] Termination or expiration of the Agreement will not relieve a party of liability to the other, which has accrued prior to termination.

12. FORCE MAJEURE
[a] Subject to clause 12(b), neither the Owner nor the Hiree are liable in any way howsoever arising under the Agreement to the extent that they are prevented from performing their obligations under this Agreement due to events beyond their reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, the Owner or the Hiree (as applicable) may suspend or terminate the Agreement by written notice to the other party.
[b] Clause 12(a) does not operate to excuse the Hiree from any obligation to pay any amount payable by it to the Owner.