Terms & Conditions
AGREEMENT TO HIRE
These terms for the hire of goods and equipment are an agreement by you (“you”, “your”) to hire goods and equipment (“Hire Items”) LITTLE LUXE PLAY SPACE (ABN 72 682 191 912) (“we”, “us”, “our”), be that agreement made by SMS, email, facsimile or any other method of communication (the “Agreement”).
The hiring of the Hire Items is confirmed once you have executed the Agreement. However, where you fail to execute the Agreement but proceed to instruct us or pay the Booking Fee in Clause 2, you accept this Agreement.
The cost of the Hire Items and related Services will be provided to you in the invoice. The Invoice will specify the Hire Items, the Price of the Hire Items and any services provided (“Services”), the scheduled date for delivery and installation of the Hire Items (“Delivery Date”) and the date we will collect all Hire Items from you (“Collection Date”).
This Agreement and its Schedules will constitute the entire agreement between us and you and supersedes all previous arrangements or agreements with you.
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1. BINDING CONTRACT
1.1. This Agreement is entered into and will be binding on us and you when book the Hire Items.
1.2. Until you have paid the full Price, we may at any time withdraw it by any means, including verbally, by email, SMS or letter to you. We may “hold” the Hire Items for you for a period of forty eight (48) hours, after which those Hire Items may be offered to another client.
2. TERMS OF PAYMENT
2.1. The Booking Fee of $200.00 must be paid at the time of Booking. Such Booking Fee is non-refundable (except where otherwise outlined within these Terms). By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable and not transferable unless specified in this Agreement.
2.2. Your $200.00 deposit will be withheld and will act as your bond upon acceptance of your quote prior to taking possession of the equipment. The amount of the bond is $200.00.
2.3. Where the Hire Items are returned in the condition it was provided to you, you will be refunded the Bond upon return of the Hire Items. Where items are damaged or lost, and the Bond is not sufficient to cover the loss or damage to the item, you will be liable for any costs above and beyond the Bond amount in order to repair or replace the item. It is at our sole discretion as to whether to repair or replace.
2.4. The quoted price must be paid prior to seven (7) days of the Delivery Date. Any payments made to us may be made by bank deposit to the nominated bank account on the Invoice.
2.5. If payment is not made in accordance with this Agreement, we are not obliged to deliver the Hire Items and may withhold delivery until such payment is made. You agree and acknowledge that we are not responsible in any way for any delay or change to your event as a result of any late or non-payments by you.
2.6. If any Hire Items require any custom work, manufacturing, adaptions, or specific requirements to be made, we will require full payment for these items in order for such work to be performed.
2.7. You acknowledge that through booking the Hire Items for the Delivery Date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to this Agreement.
3. THE HIRE ITEMS
3.1. In accordance with the terms of this Agreement, we will deliver the Hire Items on the Delivery Date to the address provided for in the Invoice.
3.2. We reserve the right to charge for extra Services, including travel fee and charges for stairs or complicated locations. These charges will be made known to you at the time of Booking but may be charged if we are not made aware of circumstances relating to the location of the equipment upon delivery.
3.3. You must:
3.3.1. You agree and acknowledge that we will not be held liable for any Hire Items that are delivered to, or left at, the wrong location;
3.3.2. ensure that the Hire Items are kept in a safe environment and only used for the intended hire purpose.
3.3.3. Ensure that adequate space is provided for the Hire Items;
3.3.4. Ensure that the Hire Items remain on the location it is placed, and installed by our crew unless otherwise agreed (for example, in inclement weather).
3.3.5. ensure that when it is time for us to collect the Hire Items from the Site, they are all located in one place for ease of collection. Where this does not occur, further charges will apply.
3.4. You agree and acknowledge that if the Site is not as outlined by you, we may charge additional fees which will be immediately invoiced to you and payment will be required within three (3) business days of the date of the new invoice.
3.5. Any request to cancel or change the Hire Items must be submitted within forty eight (48) hours via email and acknowledged by us. A change in the Hire Items will always be subject to availability. We reserve the right to accept or reject any such requests at our full discretion.
3.6. The Hire Items will, at all times, remain our property. You have no legal or equitable interest in the Hire Items or any part thereof. Your possession of the Hire Items (upon delivery) will be as a Bailee for the entire period from the time that you book the Hire Items up to the time in which the Hire Items are collected in accordance with our Collection Schedule (“Period of Hire”).
3.7. Upon delivery, the Hire Items must be inspected by you to determine whether the Hire Items delivered are complete in accordance with this Agreement and are in good order and working condition. You will on completion of the inspection be deemed to have satisfied yourself that the Hire Items are suitable, fit and merchantable and capable of meeting all the requirements of the Hire Items.
3.8. Any shortages or malfunctioning of the Hire Items must be notified by you to us, in writing, immediately following your discovery.
3.9. If weather is predicted during the Period of Hire, it is your responsibility to make alternative arrangements as to the Hire Items’ location. The alternative location must be ascertained prior to the Period of Hire. You cannot cancel the Services or postpone the Period of Hire where inclement weather is predicted or is experienced.
3.10. During the Period of Hire, and for any period of time you are in possession of the Hire Items, you are a bailee of the Hire Items. In addition to all duties imposed at law upon bailees, it is an essential term of this Agreement that you will:
3.10.1. At all times, ensure that the Hire Items are supervised and not left unattended, whether it be prior to use, during use, or awaiting delivery;
3.10.2. Ensure that you have the appropriate permission from the relevant Council or authority which allows you to place the Hire Items at your selected location (and in instances where you fail to do so, we will not be responsible for any fees, charges or fines incurred);
3.10.3. At all times exercise all reasonable care and diligence in the use of the Hire Items in accordance with Manufacturer’s or Owner’s specifications;
3.10.4. Where you have responsibility to return the Hire Items, you must return them in a clean state and in good order and working condition to us at our address for delivery on or prior to the expiration of the Period of Hire;
3.10.5. Where we are to collect the Hire Items at the expiration of the Period of Hire, you must make them available for collection in a clean state and in good order and working condition at the Site on the Collection Date;
3.10.6. Not, without our written consent provided prior to the Delivery Date, adhere anything to any Hire Item including but not limited to: vinyl, glue, tape, staples, stickers. If prior written consent is provided, you must return the Hire Items to the condition they were in when delivered;
3.10.7. Be responsible for all accidental damage to the Hire Items, save and except where, in our reasonable opinion, such damage is caused by us;
3.10.8. Be responsible for all loss or damage to the Hire Items;
3.10.9. At no time during the Period of Hire part with possession of the Hire Items or in any way deal with them in a manner inconsistent with our rights as owner;
3.10.10. Ensure that the Hire Items are secure at all times and where being stored in unlocked premises, supply such security measures to ensure that the Hire Items are secure at all times;
3.10.11. Keep the Hire Items safe at all times during the Period of Hire;
3.10.12. Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Hire Items and/or our ownership of the Hire Items; and
3.10.13. Not permit any person to improperly use the Hire Items.
3.11. In the event that the Hire Items or any part of them are lost, stolen or damaged during the Period of Hire in circumstances where you bear responsibility under this Agreement, you will be liable to us and will indemnify us for the cost and expenses of the replacement of such lost or stolen Hire Items and/or for the replacement of Hire Items which, in our sole determination, are damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged Hire Items.
3.12. In the event that you fail or refuse for any reason whatsoever to return or make available for collection the Hire Items to us at the expiration of the Period of Hire, then you will be in breach of an essential term of this Agreement and without prejudice to any other rights which we may have, either pursuant to this Agreement or at law, you will be liable to pay us on a Day-Rate basis for the hiring of the Hire Items for such further period or as otherwise notified by us.
3.13. For the purposes of clause 3.12 above, such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Hire Items are returned to us in good working order and condition or the date when we receive from you the full monetary compensation for the loss or damage to the Hire Items. The loss or damage to the Hire Items will be the replacement cost of the Hire Items at that time or, where the Hire Items cannot be replaced, the cost of new substitute Hire Items that can substantially be used for the same purpose as the lost damaged or destroyed Hire Items. In addition, you fully indemnify us for any other liability, loss or cost that we might sustain as a consequence of us being unable to meet any other contractual obligation to supply those Hire Items (or any other item thereof).
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4. SERVICES
4.1. Where we provide Services for you at the Site, each of the following are Essential Terms of this Agreement, which you must comply with. You must:
4.1.1. Ensure that we are able to access the Site at all times specified by us and at all other reasonable times so as to enable us to provide the Services;
4.1.2. Do all such things as are necessary to discharge your obligations under all applicable Workplace Health and Safety legislation, regulations and codes of practice so as to ensure that the Site and the Hire Items as installed are safe and free from defects and dangerous conditions;
4.2. You acknowledge that we may in providing the Services be dependent upon other contractors preparing the Site for the Hire Items or their installation. We will not be liable for any delay in installing the Hire Items or for providing the Services where such delay is a consequence of any act or omission.
4.3. It is the exclusive responsibility of you to ensure that all required facilities are available and are in place, are safe and in good working order.
5. TAKING AND USING PHOTOS
5.1. You expressly grant us permission to use photos from your Event in various forms of advertising promoting our business. Where images are provided by your photographer, appropriate credit will be given but you must warrant that you have obtained permission from the copyright owner of the photo for its use.
5.2. We may use and publish photographs of all involved in the event for editorial, trade, advertising, website use, or any other purpose and in any manner and medium that they see fit to promote our services and inventory.
5.3. We may, at our cost and discretion, document aspects of your event with photography, video and or written word with our selected suppliers. We will be respectful of your privacy and anonymity by not including your name or photos of you and your guests if you do not wish for this information to be published. Should you find that we post photographs but wish for us to take them down, please inform us and we will use our best efforts to do so as soon as practicable.
5.4. All creative work and General Equipment provided by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the concept & items hired within your quote/invoice. All subcontractors/third party suppliers must also credit accordingly when using our services or the Hire Items.
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6. DEFAULT EVENTS
6.1. You will be in default if:
6.1.1. You breach any of your obligations under this Agreement and fail to remedy such breach within seven (7) days of being requested by us to do so;
6.1.2. You breach any essential term of this Agreement;
6.1.3. Where you are a corporation that is insolvent, is wound-up or goes into Liquidation or has an Administrator appointed to you or has a Receiver appointed over any of your assets;
6.1.4. Where you are a natural person, you become insolvent or make an assignment for the benefit of your creditors or commit an act of bankruptcy under the Bankruptcy Act 1966 (Cth) or are declared.
6.2. On the happening of a default event we may, without prejudice to any of our other rights either under this Agreement or at law and without previous notice to you, enter any Site where we believe the Hire Items to be located and re-possess them and you hereby agree not to make any claim or bring any action against us as a result of the re-possession of the Hire Items.
6.3. You agree to indemnify us and keep us indemnified against any loss or liability expense or cost which might be incurred by us in entering upon the Site and taking possession of the Hire Items or any item thereof. Such indemnity covers any liability to any third party for trespass or for damage to the Site occasioned through the entry upon the Site, the re-possession of the Hire Items or their removal from the area.
7. WARRANTIES
7.1. We warrant to you that the Hire Items will be provided using reasonable care and skill, however, subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be excluded by agreement, or any express provision in this Agreement, we give no warranties regarding any Hire Items supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, we limit our liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.
7.2. Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, our liability for any breach of any implied or imposed condition, warranty or right in connection with the Hire Items is limited to one or more of the following (at the election of us):
7.2.1. The supply to you of substituted equivalent Hire Items; or
7.2.2. The payment of the costs of supplying to you substituted equivalent Hire Items; or
7.2.3. The repayment to you of the goods.
8. LIMITATION OF LIABILITY
8.1. Our liability is limited as follows:
8.1.1. We are not liable to you for any loss or damage which you might sustain as a consequence of you ordering the wrong Hire Items or insufficient quantities of the Hire Items or where the Hire Items are hired for a purpose which is outside of the Hire Items’ function.
8.1.2. We will have no liability where the Site is not prepared for the delivery and installation of the Hire Items on the Delivery Date.
8.1.3. We have no liability to you for any damage or loss which you might sustain where the cause of that damage or loss is the negligence of you or any of your agents or guests.
8.1.4. It is your responsibility to ensure that the Site is safe and you indemnify us against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of you to ensure that the Site is safe.
9. CANCELLATION OR CHANGE OF DATE
9.1. You may cancel this Agreement at any time, by notifying us in writing and by doing so, you forfeit the Booking Fee and any monies paid to date in accordance with this Agreement.
9.2. With 7 days notice, you may postpone or change the date for the Hire Items on one occasion, however the postponement or change of date is subject to availability.
9.3. You agree and acknowledge that we have the right, at any time, to cancel this Agreement if we:
9.3.1. Consider that you are not meeting your contractual obligations; or
9.3.2. You, in our reasonable opinion, make unreasonable or excessive demands; and
In both cases you will forfeit the monies paid.
10. FORCE MAJEURE
10.1. We will not be liable or responsible for any failure to perform, or the delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by vendors (known as ‘force majeure circumstances’).
10.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement has become impossible, we will contact you as soon as reasonably possible to notify you. The provision of the Hire Items will be suspended and the time for performance of our obligations under the Agreement will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of our control occurs, but the circumstances still make the booking possible (notwithstanding any inconvenience or hardship).
10.3. If you cancel the Hire Items or wish to vary the Agreement because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and we are only obliged to use our reasonable endeavours to provide an alternative date.
10.4. In genuine force majeure circumstances, we will endeavour to arrange a new time and date for the provision of the Hire Items after the event outside of our control is over. Parties must use all reasonable endeavours to mutually agree on a new date, but if the parties are unable to agree on an alternative date, we will treat the Agreement as being terminated by you at will and all monies paid to date, including the Booking Fee, will be forfeited. In force majeure circumstances, where an alternative date can be mutually agreed, we will credit, where possible, any amount paid already for that new date.
10.5. If you choose to have your Hire Items allocated again and an event beyond our control is reasonably foreseeable, then the Agreement is varied at your own risk and we will not be liable for any loss suffered as a result of the failure of your second allocation not being required. We are under no obligation to provide a further date as a result of any cancellation or postponement.
11. GST
If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
12. JURISDICTION
This Agreement and any dispute relating to the same are governed exclusively by the laws of Queensland. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Queensland.
13. SEVERABILITY AND WAIVER
13.1. If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Agreement in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Agreement.
13.2. Our failure to exercise or enforce any one or more of our rights under this Agreement will not constitute a waiver of such rights unless such waiver is granted to you in writing.
14. AMENDMENTS AND VARIATIONS
We reserve the right to revise and update this Agreement by making any changes immediately without notifying you, except by providing you with the amended terms. We may revise these terms from time to time. The revised terms will take effect when we have provided them to you and your continued usage of our Hire Items after any changes to these terms will mean you accept those changes.
15. EXECUTION BY PARTIES
This Agreement must be executed by each authorised person named (unless the parties are an incorporated entity). In instances where it is signed by one authorised person, that authorised person acknowledges and warrants that they have the authorisation to execute accept the Agreement on behalf of the other authorised person. In doing so, they also warrant that the other person has read and understood this Agreement prior to providing permission to accept.
SCHEDULE A – RULES OF PLAY
• ADULT SUPERVISION IS REQUIRED AT ALL TIMES;
• The equipment is for ages 5 & under;
• There is a maximum weight limit of 35kg to participate on our equipment;
• Ensure the equipment is not overcrowded and limit the number of children using the equipment to avoid accidents and serious injury;
• Strictly NO jumping, pushing, rough play or any behaviour that is likely to result in injury to self or others;
• NO food or drink on or near the equipment;
• NO face paint, silly string, streamers, sand or glitter to be used anywhere near the soft play area. These items cause permanent staining on Soft Play and as such we reserve the right to cancel your booking should activities involving those listed be on site or lined up;
• Children and Adults must ensure that their shoes are off whilst in the play area;
• NO high heels are to enter the play area. This causes damage to the mats;
• NO pets in or near the soft play area;
• Please ensure that the area of 1 meter surrounding the soft play equipment is kept clear;
• NO smoking or barbeques near the soft play area and play equipment;
• Soft play equipment and ball pits must not get wet or be fully exposed to the sun as the equipment can become slippery and/or hot;
• NO sharp objects;
• Do not move or disassemble the equipment;
• Any damages must be reported to Little Luxe Play Space immediately. Do not continue playing if any damage occurs;
• All hirers are required to sign a condition report prior to use;
• The hirer is not permitted to make any alterations, attach anything to the equipment without prior written consent;
• Once Little Luxe Play Space staff set-up for use, the entire set-up must not be removed, adjusted or relocated; and
• Little Luxe Play Space will display a sign with important but not limited to, rules. The sign must remain at the entrance of every set-up.
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Failure to comply will mean you will lose your bond, automatically. If damages exceed the bond amount an insurance claim may need to be lodged. Please be respectful of this, as our equipment is very costly, and the bond does not come close to the replacement costs. It also ruins the experience for other clients who have booked these items either the following day, weeks and months ahead.