TERMS OF USE
Standard Conditions of Product Hire
1. GENERAL – All hire goods remain the property of Expo Evolution at all times. Expo Evolution retains the right to alter, vary or substitute any item without notice. All goods are subject to stock availability.
2. PRICES – Unless otherwise indicated, all pricing is exclusive of GST, cartage and damage waiver. Prices are for the duration of the exhibition not exceeding 10 days. Prices for duration of general hire not exceeding 7 days.
3. PAYMENTS – Orders cannot be confirmed until all hire and other charges have been paid in full & processed.
4. LATE ORDERS– Furniture and Audio Visual orders placed during move in are to be charged an additional late order service fee. Electrical and shelving orders received after the specified due date displayed on the Exhibitor Forms will incur a surcharge with of $50.00.
5. CARTAGE & PLACEMENT – All cartage and placement of equipment will be carried out by Expo Evolution staff except as otherwise agreed in writing. General hire cartage and placement POA.
6. PICK UP– All equipment must be available for pick up immediately after the event. No responsibility is taken for any goods left in or on our equipment after close of the event.
7. CANCELLATIONS – Any products delivered then cancelled will be charged at full rates. Goods cancelled less than 5 days prior to exhibition opening, but not installed will be charged at 50% of full rate.
8. CLAIMS – Please notify Expo Evolution of any problems with your order on delivery. No discussion will be entered into after the event closes.
Hiring Agreement
1. DEFINITIONS
“Equipment” means the items hired out by the Owner to the Hirer. “Hirer” means any person who requests the Owner to hire Equipment to it, including its employees and agents. “Owners” means Expo Evolution ABN 73 133 874 085, its employees and agents. ‘Terms’ means these terms and conditions.
2. TERMS OF PAYMENT
The Hirer agrees to pay the Owner’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the Owner. If not otherwise specified by the owner in writing all hiring charges including taxes and duties are to be paid prior to delivery of the equipment. The hirer agrees to provide the Owner with the Hirer’s credit card number, expiry date and any other information, which may be necessary to debit the Hirer’s credit card prior to delivery of the equipment. Subsequent charges for loss, damage, repairs or other expenses are to be paid within seven days of the relevant invoice. The Hirer hereby authorises the Owner to debit the Hirer’s credit card with the amount shown on the relevant invoice if the Hirer has not paid that amount within seven days of the date of the relevant invoice. The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach of the Hirer of its obligation pursuant to these Terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by the Owner, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise. The hirer acknowledges and agrees that the owner may pay a rebate, commission or other financial benefit to event organisers or like suppliers in connection with the hiring of the Equipment to the Hirer.
3. CREDIT CARD PAYMENT
A surcharge applies to all payments.
4. TERMINATION OF HIRE
The Owner at its discretion may notwithstanding the specified period of hire and notwithstanding any waiver of any previous default by the hirer forthwith terminate this Agreement with or without notice to the Hirer and re-possess the equipment in any of the following events:
(a) If the Hirer shall fail to pay any hiring charges within two (2) days of the due date for such payment
(b) If the Hirer shall do or permit any act or thing whereby the Owners’ rights in the equipment are or may be prejudiced
(c) If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a Hirer being a limited company, should any order be made or resolution passed for the winding up of such company or an Administrator, Receiver or Manager be appointed
(d) If the Hirer commits any breach of this Agreement.
For the purposes of repossessing the equipment, the Owner may enter into or upon any premises where the equipment may be without prejudice to the rights of the Owner to recover from the Hirer any moneys due hereunder or any damages for breach thereof and so far as allowed by law the Hirer indemnifies the Owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
5. THE HIRER’S OBLIGATIONS
The Hirer will:
(a) bear responsibility for the Equipment hired from the time of its delivery until collection by or return to the owner;
(b) upon installation, delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees and cartage;
(c) assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from:
(i) the use of the Equipment;
(ii) contact with underground cables, pipes, services or other obstructions;
(iii) all necessary surface repairs.
(d) use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which is was designed.
(e) ensure all Equipment is returned or ready for collection by the Owner’s driver, in a clean, dry and properly packed condition and if being collected, is readily accessible. The Hirer will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment.
6. LOSS OF, OR DAMAGE TO, EQUIPMENT
If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify the Owner of the details. Notification shall not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer shall immediately stop using the Equipment and take all necessary steps to prevent the Equipment from sustaining any further damage. The hirer must also take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment and must not repair or attempt to repair the Equipment without the Owner’s prior written consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused by the negligence or wilful act of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for the following;
(a) any costs incurred by the Owner in repairing or replacing the Equipment;
(b) hire charges for the Equipment until the Equipment is replaced or repaired;
(c) any other costs whatsoever incurred or loss suffered by the Owner as a result of the damage to or loss of the Equipment.
7. RELEASE AND INDEMNITY
The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, action, 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 or these Terms.
8. DAMAGE WAIVER
Damage Waiver is payable by the Hirer to cover the cost associated with the normal wear and tear to the equipment. It does not apply to any other damage to Equipment including:
(a) damage resulting from misuse, abuse or improper servicing of Equipment
(b) damage due to the mysterious disappearance of the Equipment;
(c) damage caused by the use or operation of Equipment in contravention of any of the conditions of this agreement;
(d) damage to, or loss of, the Equipment from any unknown cause.
9. INSURANCE
The Hirer will maintain at its own expense all appropriate policies of insurance:
(a) for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment;
(b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Owner and its Equipment against all claims, loss or damage whatsoever.
10. SPECIAL CONDITIONS OF ELECTRICAL HIRE
Hirers should note that all electrical equipment used in an exhibition or event supplied by the owner or its subcontractors is operated solely by the owner. Further, such electrical equipment remains under the sole control of the owner. A hirer is permitted only to connect their own electrical equipment to any power points (GPO) supplied. Any other use or change to electrical equipment supplied and operated by the owner or its contractors may only be undertaken by the owner or its contractors or the approval of owner.
11. PRICE LISTS
Any price lists published by the owner may be changed without notice.
12. AVAILABILITY
All goods are subject to stock availability.
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