MARDI GRAS EVENT HIRE LIMITED – TERMS OF TRADE (Terms of Trad)

1. Definitions

(a) We: MGE, Us or Our means Mardi Gras Event Hire Limited;
(b) The Customer, You or Your shall mean you, the person or legal entity entering into an Agreement or Agreements whereby We supply to You Equipment and any related services;
(c) Equipment means all equipment including, without limitation, all goods supplied on hire to You as well as any consumable items or goods purchased by You from Us;
(d) Rental Charges means all rental charges (including late charges for overdue Equipment), GST, delivery and transportation charges, cleaning charges, service charges and all saleable and consumable items not included in the hire rate.

2. General

(a) Any order received by Us from You and/or use of Your credit account with us (if any) shall constitute acceptance by You of these Terms of Trade.
(b) For each order received by Us from You for the supply of Equipment and/or related services, Your order, our acceptance of that order, and these Terms of Trade shall contain the entire agreement between Us and You (Agreement) and supersedes all previous arrangements, whether written, oral or both.
(c) You acknowledge that You have relied on Your own judgment in entering into each and every Agreement with Us and that You have not entered into any Agreement relying on any representation (express or implied) made by Us.

3. Term of hire

(a) Hiring commences at the time agreed in writing or otherwise the time the Equipment leaves Our store. The term of hiring continues for such period agreed in writing until the Equipment is returned to Our store during normal trading hours, whichever occurs last.
(b) Risk of the Equipment shall pass to You upon commencement of the hire period. All Equipment is used at Your risk.

4. Delivery and collection

(a) Should We agree to deliver and collect the Equipment:-
(i) You will pay Our cartage and delivery charges;
(ii) You authorise us to bring vehicle(s) onto Your property (or the property where the Equipment is, or is to be located) to deliver and/or recover the Equipment at the end of hire.

5. Cancellation

(a) Where there is an Agreement for the supply of Equipment and/or related services from Us to You, You may cancel Your order but will remain liable for Rental Charges as follows:
(i) outside 30 days before the commencement date: No Charge
(ii) 10-14 days before the commencement date: 50% of the Rental Charges
(iii) Less than 14 days before the commencement date: 100% of the Rental Charges
(b) You acknowledge that We encourage You to obtain insurance to cover any unforeseen event that may result in the cancellation of any order by You for the supply of Equipment and/or related services from Us.

6. Equipment – Your obligations

(a) You agree to:-
(i) determine using Your sole judgement that the Equipment is suitable and in a condition for the purpose intended;
(ii) ensure that the Equipment is used safely, for its intended purpose, and in accordance with the law;
(iii) at Your own expense, clean, maintain, keep and return the Equipment in good and substantial repair and condition (fair wear and tear excepted), failing which we may charge You to reinstate the Equipment to its original condition at the commencement of the hire period;
(iv) be liable for any loss, theft, damage or destruction of any Equipment during the hire period. All Equipment lost or damaged beyond repair will be paid for by You at the market retail replacement price;
(b) Damage resulting from negligence or misuse by You or any person authorised to use the Equipment during the hire period shall not in any circumstances shorten the period of hire.
(c) Without limiting Your obligations in this clause 6(a) and (b), where the Equipment hired from Us includes a marquee:
(i) if We have agreed to install the marquee, You shall provide to Us an underground plan showing the drainage, water and electrical power services (the Utilities). In the event that You fail to provide such a plan you will be liable for any damage to the Utilities and, without limiting clause 9, You will indemnify Us from any claim (including without limitation claims for consequential damage and costs) by any third party arising from any damage to the Utilities;
(ii) You will be responsible at Your own expense to identify and obtain all consents, permits, licences and other regulatory requirements necessary to lawfully erect and use any marquee. You will indemnify Us against any loss or fine imposed on Us as a result of Your non-compliance with this clause whether We are engaged by You to assist with the relevant consent, permit, licence or regulatory process or not;
(iii) You shall be responsible for refilling or otherwise making good any fire extinguisher supplied with the marquee that is used.

7. Ownership

(a) All Equipment hired by Us to You, whether in consideration of rental or free of charge, shall remain our property.
(b) Whilst our Equipment is in Your possession, You shall:-
(i) not attempt to sell, assign, mortgage, lend or otherwise deal with or part with the possession or control of our Equipment or any part thereof;
(ii) not alter or make any additions to the Equipment;
(iii) permit Us (or Our agents) any time without notice to enter all premises at which we believe on reasonable grounds the Equipment is stored, to inspect, remove, or repossess the Equipment supplied by Us.

8. Payment

(a) Unless otherwise agreed by Us in writing, all Rental Charges shall be at Our current price schedule at the date of despatch “ a copy of which is available upon request. All prices are quoted GST exclusive;
(b) Delivery charges, cleaning charges and all saleable and consumable items are additional and not included in the hire rate;
(c) Any deposit required by Us will be paid immediately by You on the creation of an Agreement;
(d) Subject to clause 8(f), the amount owing by You to Us shall be paid upon completion of the hire period;
(e) The rate of charge for overdue Equipment is the daily rate of the Equipment multiplied by each part day that the Equipment is overdue.
(f) Where credit facilities have been granted by Us:-
(i) all Rental Charges shall be paid no later than the 20th of the month following either the date of invoice or completion of the hire period, whichever is earlier;
(ii) We reserve the right to interim bill any Rental Charges at the end of each calendar month in which case each amount owing is payable in accordance with our credit terms as well as any balance payable at the end of the hire period.
(g) You acknowledge that:-
(i) payment of any sum owed by You to Us shall be free of any counterclaim, set-off, deduction or any other claim whatsoever;
(ii) at Our discretion, interest may be charged on overdue accounts at the rate of 2.5% per month (calculated daily);
(iii) You shall be liable for all costs incurred by Us in recovering any sum owed by You to Us including any debt collection agency commission fees and legal costs on a solicitor/client basis.

9. Liability

(a) Notwithstanding anything in any Agreement (including these Terms of Trade) or at law or in equity to the contrary, We (including, without limitation, our directors, employees, representatives, contractors and/or agents) will not be liable for any direct, indirect or consequential loss suffered by You arising howsoever from:-
(i) Our breach of any Agreement (including these Terms of Trade);
(ii) the supply of any Equipment and/or related service by Us to You;
(iii) the use of any Equipment supplied by Us to You;
(iv) any Equipment being supplied by Us to You not being fit for its intended purpose including, without limitation, any marquee, tent or tarpaulin not being weatherproof and allowing water ingress;
(v) any failure of Equipment supplied by Us to operate at all or otherwise to reasonable standards for any reason whatsoever including (without limitation) negligence.
(c) Our liability in relation to any Agreement and all related matters (whether arising under contract, tort (including negligence), equity or otherwise) will be limited to, at Our election, the Rental Charges or the value of the goods or services supplied by Us which are the subject of the claim;
(d) You indemnify Us against all and any claims by any third party for losses, including costs (whether arising under tort (including negligence), equity or otherwise) arising from any act of, or omission by, Us in Our performance of this Agreement.

10. Consumer Guarantees Act 1993

(a) Nothing in these Terms of Trade are intended to have the effect of contracting out of the Consumer Guarantees Act 1993 (the Act) save to the extent permitted by the Act and these Terms of Trade are to be modified to give effect to that intention. Where We have supplied Equipment to You for business purposes, You acknowledge that the Act does not apply.

11. Privacy Act

(a) You authorise Us to collect, retain, use and disclose any personal or information about You for the following purposes (in addition to any purposes otherwise authorised by law):-
(i) enabling Us to perform Our obligations pursuant to any Agreement;
(ii) assessing Your credit worthiness;
(iii) administering, whether directly or indirectly, any Agreement with You and enforcing Our rights thereunder;
(iv) enabling Us to communicate with You for any purpose.
(b) You, if an individual, has a right of access to Your personal information held by Us. You may request correction of that information and may require that the request be stored with that information. We may charge reasonable costs in providing access to that information.