Terms & Conditions

The following Terms and Conditions together with the Tax Invoice (“Contract”) between Ballarat Event Hire (The “Owner”) and you (The “Hirer”) is an agreement that you consent to once the booking (“Contract”) is accepted.

It is important you read the Terms and Conditions before accepting the booking (“Contract”).

1. DEFINITIONS AND EXPLANATION
a) In these Terms and Conditions these words and phrases have the following meanings:

i. The “Owner” Ballarat Event Hire;
ii. “Owner’s Premises” means the premises where the Owner stores the Equipment (26
Production Drive, Alfredton VIC 3350);
iii. “Booking Fee” means 10% of total order value is non-refundable on all confirmed bookings.
iv. “Cancellation” means the cancellation by the Hirer;
v. “Cancellation Fee” means 30% of total order value is non-refundable on all Equipment;
vi. “Cancellation Times” means fourteen (14) days’ notice prior to delivery or customer
collection of all Equipment is required;
vii. “Cancellation Notification” means cancellation of Contract via email or written letter
only;
viii. “Contract” means the Contract between the Owner and the Hirer for the hiring of the
Equipment; the Terms of which are fully set out in these Standard Terms and Conditions. The
Contract is also referred to as the Tax Invoice;
ix. “Deposit” means any part payment made prior to delivery or customer collection of
Equipment;
x. “Equipment” means collectively all the equipment described in the Offer to Hire and
separately each item of the equipment designated in the Offer to Hire and includes any additional
Equipment;
xi. “GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services
Tax) Act 1999;
xii. “Hirer” means the legal entity or person hiring the equipment from Ballarat Event Hire.
xiii. “Hire Fee” means total invoice value inclusive of GST;
xiv. “Period of Hire” means the period for which the Equipment is hired by the Hirer from
the time the Equipment is delivered or picked up from the Owner until the time they are returned to
the Owner;
xv. “Site” means the designated place, venue, or location at which the Equipment is to be
delivered to and at which place the Hirer is to take possession of the Equipment;
xvi. “Venue” means the place where the Equipment is to be used by the Hirer;
b) The headings in these Standard Terms and Conditions are for convenience only and do not affect
their construction.
c) A reference to any party includes their lawful successors and or assignee.

2. BASIS OF CONTRACT
a) Upon acceptance of a booking via the provision of an invoice to the Hirer from the Owner the
Hirer accepts these Terms and Conditions.

b) Unless otherwise agreed in writing by Ballarat Event Hire and the Hirer, these Terms and
Conditions shall be the only Terms and Conditions on which Ballarat Event Hire will provide products
and or services to the Hirer.
c) A formal quote provided by Ballarat Event Hire only valid for 30 days. Orders made online may be
rejected by the Owner. If the Equipment is not available on a particular date the order will not be
confirmed.

3. TERMS OF PAYMENT & PAYMENT METHODS
a) Ballarat Event Hire accepts payment in the following methods: Bank Transfer, Cash, Cheque, VISA,
MasterCard (1.5% surcharge applies for credit card).
b) Subject to Section 3(c) the Hirer will pay the Hire Fee in full to the Owner one week prior to the
Delivery date or client Collection date of the Equipment. If payment is not received in full prior to
delivery or at the time of client collection the Owner is not obliged to deliver/supply the Equipment.
c) Section 3(b) does not apply to agreed pre-arranged credit terms.
d) The Owner shall provide a Tax Invoice to the Hirer for the Hire Fee.
e) Without limiting the circumstances in which the Owner may require the Hire Fee payment to be
paid on confirmation of a booking, the Owner may require advance payment of the Hire Fee where
the Equipment to be hired has to be manufactured, adapted, or any process has to be applied to
existing items of the Equipment to align with the Hirer’s specific requirements.
f) Should debt recovery action be required the Hirer may be liable to pay any costs incurred by
Ballarat Event Hire associated with the recovery of the Hirer’s debt.
g) In the event that payment of the Total Hire Fee (invoice amount) is not received from the Hirer
within the agreed terms, the Owner reserves the right to charge interest from 30 days following the
due payment date in the amount of 3% compound interest of the total balance owing, calculated
monthly, until such time as the Hire Fee and any interest accrued as a result of the payment default
are paid to the Owner. Any Debt Collector’s fees will also be added to the Hirer’s Invoice.

4. HIRE CHARGES
a) QUOTES – Written Quotes are valid for 30 days only unless other arrangements have been made
between the Owner and the Hirer. Quotes do not guarantee the availability of hire items. Items will
be confirmed once the booking is confirmed via the 30% deposit (in most cases).
b) DISCOUNT – Discount offers do not include Delivery and Collection, Damage Waiver, Sub-hired
items, Custom and may not be used in conjunction with any other offer. Additional exclusions may
apply.
c) DELIVERY CHARGES – Unless otherwise specified, any delivery charges quoted assume:
i. Delivery, installation, and removal and return of Equipment being provided is conducted
during business hours;
ii. Delivery made to street level; ground or floors being level and clear of obstruction;
iii. The Hirer unpacking, setting out, repacking and cleaning of Equipment.
d) Any variation to the assumptions in Section 4(c) may incur further charges payable by the Hirer.

e) A late fee (10% of order amount per day) shall be payable if Equipment is not returned on or
before date specified in the Contract.

5. DEPOSIT
a) A 30% (of total order value) Deposit is required to secure a booking.
b) A 10% (of total order value) non-refundable Booking Fee applies to all bookings.
b) Unless the Owner specifically, in writing, and by an approved credit application, waives the receipt
of the Deposit as a pre-condition of Acceptance, no Acceptance by the Hirer shall be effective unless
and until the Deposit is received.
c) Any such Deposit shall, when paid, be applied against the Hire Fee, or if the Hirer cancels the
Contract or any Equipment, The Owner may, at its discretion, apply such Deposit as a credit against
any such Cancellation Fee.

6. DAMAGE / THEFT / LOSS
a) All equipment hired, shall be the responsibility of the Hirer including any loss, accidental damage,
intentional damage and/or loss caused by vandalism or theft of the equipment. Any Overloading,
misuse, abuse, or improper servicing of Equipment (with exception to clause 6b).
b) The Hirer shall not be liable for any damage if the product is deemed to be not of a standard for
proper use and/or is subject to damage caused by apparent wear and tear.
c) All broken or damaged Equipment must be returned to the Owner otherwise the Equipment is
classified as missing Equipment. The Hirer agrees to pay for missing Equipment on a full replacement
value basis.

7. CANCELLATION AND CANCELLATION FEES
a) 10% (of total order value) non-refundable Booking Fee applies to all cancellations.
b) 30% (of total order value) fee applies to all cancellations received within fourteen (14) days prior
to the delivery date or customer collection date on the booking.
c) 50% (of total order value) fee applies to all cancellations received within three (3) days prior to the
delivery date or customer collection date on the booking.
d) Cancellations received on the delivery date or customer collection date on the booking will be
required to pay in full.
e) Custom items, Printing, Manufacturing and Sub-hire cancellations will be charged at full price.
f) The Hirer has the right to cancel a Contract if they send a Cancellation Notification to The Owner.
g) Upon receipt of such Cancellation Notification, the Owner has no further obligation to supply and
or deliver the Equipment to the Hirer.
h) The Cancellation Notification must clearly identify all Equipment no longer required by the Hirer.
i) The Hirer agrees and acknowledges that it must immediately pay the Cancellation Fee in full as
invoiced by the Owner.

8. CANCELLATIONS OR POSTPONEMENTS DUE TO GOVERNMENT RESTRICTIONS – COVID
a) 10% (of total order value) non-refundable Booking Fee applies to all cancellations or
postponements. This booking fee can be used as a credit if postponing the event.
b) 30% fee applies to all cancellations or postponements received within three (3) days prior to the
delivery date or customer collection date on the booking.
c) 75% fee applies to all cancellations or postponements received on the delivery date or customer
collection date on the booking.
d) Custom items, Printing, Sub-hire cancellations will be charged at full price.
Provided a Cancellation Notification has been sent by The Hirer, The Owner may be willing to
negotiate at their discretion the percentage of the cancellation fee to be paid by The Hirer or
reasonable terms associated with the postponement of an event.

9. THE EQUIPMENT
a) The Equipment will always remain the property of the Owner. The Hirer has no legal or equitable
interest in the Equipment or any part thereof except as bailee.
b) Any equipment that requires technical set up and/or safety checks will generally not be offered
for collection by the hirer and is delivered and set up by our staff. If warranted, operational
instruction (including any checklists or manuals) will be supplied with a demonstration of the gear
along with any relevant safety instructions.
c) In the unlikely event that collection of any such hire items (9b) arises, then a detailed checklist
and/or manual along with any relevant safety checks/instructions will be supplied. A demonstration
of use by a staff member will also be included in any collection of items (if relevant).
Subject to Section 6 the Hirer shall be responsible for any damaged or missing Equipment.
c) Pickup and Return of Equipment
The Hirer is required to:
i. Provide photo identification e.g. Driver’s Licence, Student or Senior Card, on collection of
equipment;
ii. Check the equipment is the correct quantity, clean and in good working order before
leaving the warehouse;
iii. Sign a Rental Agreement;
iv. Return the equipment prior to or on the expiration of the Period of Hire as stated on Tax
Invoice (“Contract”). Failure to do so will incur a 10% daily charge of the total invoice amount –
Please refer to Section 4. Hire Charges;
v. Sign a Return Document stating the equipment has been returned to the Owner in good
condition and the correct quantities. Any variations/damaged items are to be reported upon return –
Please refer to Section 6, Damage Waiver for liability relating to damaged/missing goods.
d) Upon delivery, the Equipment must be inspected by the Hirer to determine whether the
Equipment delivered is complete and is in good order in accordance with the Contract.

e) Unless otherwise stated in the Special Instructions on the Tax Invoice, on completion of the
inspection the Hirer will be deemed to have satisfied itself that the Equipment is suitable, fit and
merchantable and capable of meeting all the requirements of the Hirer.
f) Unless the Owner has been expressly retained, in writing, to advise on the suitability, fitness and
merchantability of the Equipment for the Hirer’s purpose, any warrantee as to suitability, fitness or
merchantability is hereby expressly excluded.
g) Any damage or malfunctioning of Equipment must be notified by the Hirer to the Owner, in
writing or verbally, within 24 hours of delivery.
h) Where the Hirer is in Effective Control of the Equipment, then the Hirer is a Bailee of the
Equipment.
i) In addition to all duties imposed at law upon bailees, it is an essential term of the Contract that the
Hirer will always exercise all reasonable care and diligence in the use of the Equipment in
accordance with manufacturer’s specifications;
j) Where the Owner is to collect the Equipment at the expiration of the Period of Hire, the Hirer
must:
i. Make it available for collection in good order;
ii. Furniture stacked neatly;
iii. Not tamper or in any way interfere with, repair, or attempt to repair the Equipment;
iv. Subject to Section 6 assume responsibility for all accidental damage to the Equipment,
save and except where such damage is caused by the Owner;
v. Assume responsibility for all loss or damage to the Equipment occasioned by theft,
malicious damage, or other unlawful act, save and except where such loss or damage occurs when
the Equipment is under the effective control of the Owner;
vi. Ensure the Equipment is always secure and when being stored in unlocked premises,
supply security measures to ensure the Equipment is always secure;
vii. Not remove or deface any label, manufacturer’s serial numbers or other marks
identifying the Equipment and/or the Owner’s ownership of the Equipment; and
viii. Not permit any person to improperly use the equipment.
ix) In the event that the Equipment or any part of it is lost, stolen or damaged during the
Period of Hire in circumstances where the Hirer bears responsibility under these Terms, the Hirer
will be liable to the Owner and will indemnify it for the cost and expenses of the replacement of such
lost or stolen Equipment and/or for the replacement of Equipment which, in the sole determination
of the Owner, is damaged beyond repair and/or for the costs and expenses of repairing or re-
instating damaged equipment.
x) In the event that the Hirer fails or refuses for any reason whatsoever to return or make
available for collection all the Equipment to the Owner at the expiration of the Period of Hire, then
the Hirer will be in breach of an essential Term of this Contract and without prejudice to any other
rights which the Owner may have, either pursuant to these Terms or at law, the Hirer will be liable to
pay the Owner on a Day-Rate basis for the hiring for Equipment for such further period of time.

xi) For the purposes of Section 9(l), 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
Equipment is returned to The Owner in good working order and condition OR the date when the
Owner receives from the Hirer full monetary compensation for the loss or damage to the Equipment.
xii) The loss or damage to the Equipment will be the replacement cost of the Equipment at
that time or, where the Equipment cannot be replaced, the cost of new substitute Equipment that
can substantially be used for the same purpose as the lost, damaged or destroyed Equipment.
xiii) In addition, the Hirer fully indemnifies the Owner for any other liability, loss, or cost that
the Owner might sustain because of the Owner being unable to meet any other contractual
obligation to supply that Equipment (or any other item thereof) to any other person.

10. SERVICES
a) Where the Owner provides onsite Services for a Hirer, each of the following are Essential Terms of
this Contract. The Hirer must:
i. Ensure that the Owner can access the Site at all times specified by the Owner and at all
other reasonable times so as to enable the Owner to provide the Equipment and services;
ii. Ensure that the Equipment, when installed, remains in place at the Site for the Period of
Hire and that the Site is not required for any other purpose which would require the Equipment to
be dismantled and re-installed, or which may put the whole or any part of the Equipment at risk of
being lost, damaged or destroyed;
iii. Ensure that all access to the Site is given to the Owner and that such time as is required
by the Owner is available at the conclusion of the Period of Hire to enable the Owner to dismantle
and remove the Equipment from the Site;
iv. Do all such things as are necessary to discharge the Hirer’s obligations under all applicable
occupational health and safety legislation, regulations and codes of practice to ensure that the Site
and the Equipment as installed are safe and free from defects and dangerous conditions;
v. Ensure that where the Equipment is being Installed on any structure or held in place by
any structure that the structure can hold the weight of the Equipment and that the structure is
properly erected so as to be safe and so as to take the anticipated loads involved in holding the
Equipment;
vi. Ensure that the Site is safe for all the Owner’s employees and contractors to carry out the
services required of the Owner under this Contract.
b) Where, in the details of Equipment to be hired, it states that the Owner will deliver the Equipment
to the Site, then the Owner is responsible for the Equipment until it is delivered to the Hirer at the
Site.
c) Where in the details of Equipment to be hired it states that the Hirer will collect the Equipment
from the Owner and the Hirer will deliver it to the Site, then the Hirer is responsible for the
Equipment as and from the time the Hirer collects the Equipment from the Owner’s Premises.
d) The Hirer acknowledges that the Owner may, in providing the Services, be dependent upon other
contractors preparing the Site for the Equipment or its installation.

e) The Owner will not be liable for any delay in installing the Equipment or for providing the Services
where such delay is a consequence of any act or omission on the part of such external contractors.
f) Except where the Owner has expressly agreed to provide any facilities, it is the exclusive
responsibility of the Hirer to ensure that:
i. The Site is safe for the Installation and use of the Equipment;

ii. All required Facilities are available and are in place, are safe and in good working order;
iii. The Site is safe for the provision of the Equipment by the Owner.

11. EXCLUSIONS
In the event of any of the occurrences outlined below the Hirer shall be wholly responsible for any
additional labour and equipment charges incurred by the Owner arising as a direct result of these
occurrences:
a) Labour variances incurred by the Owner due to extreme hot or inclement weather.
b) Labour variances incurred by the Owner caused in any way whatsoever by the Hirer, any third-
party contractor of the Hirer, or any other person, excluding employees or agents of the Owner.
c) Any site-specific restrictions on movement and use of plant and equipment, not previously
communicated by the Hirer to the Owner, resulting in a cost to the Owner.
d) The requirement of ground protection devices not provided for in the Contract resulting in a cost
to the Owner.

12. DEFAULT EVENTS
a) The Hirer will be in default if:
i. It breaches any of its obligations under Ballarat Event Hire Terms and Conditions and fails
to remedy such breach within seven (7) days of being requested by the Owner to do so;
ii. It breaches any essential term of this Contract;
iii. Where the Hirer being a corporation is insolvent is wound-up or goes into Liquidation or
has an Administrator appointed to it or has a Receiver appointed over any of its assets;
iv. Where the Hirer is a natural person, he or she is or becomes insolvent or makes an
assignment for the benefit of his or her creditors or commits an act of bankruptcy under the
Bankruptcy Act 1966 (Cwlth) or is declared bankrupt.
b) On the happening of a Default Event the Owner may, without prejudice to any of its other rights
either under these Terms or at law and without previous notice to the Hirer, enter any Site where
the Owner believes the Equipment to be located, re-possess it and the Hirer hereby agrees not to
make any claim or bring any action against the Owner as a result of the re-possession of the
Equipment.
c) The Hirer agrees to indemnify the Owner and keep the Owner indemnified against any loss or
liability expense or cost which might be incurred by the Owner in entering upon the Site and taking
possession of the Equipment or any item thereof.

d) 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 Equipment or its removal from
the Site.

13. WARRANTIES
a) Except where specifically agreed in the Special Conditions, the Owner gives no warranty express
or implied in respect of the Equipment, its fitness for purpose or the condition thereof.
b) All warranties implied by the Competition and Consumer Act 2010 and any other Statutes (if any)
that can be expressly excluded are hereby expressly excluded.
c) Where permitted by statute, the Owner’s liability for breach of any warranty is limited to:
i. The supply to the Hirer of substituted equivalent equipment; or
ii. The payment of the costs of supplying to the Hirer substituted equivalent equipment; or
iii. The repayment to the Hirer of the Hire Fee.

14. LIMITATION OF LIABILITY
a) The liability of the Owner is limited as follows:
i) The Owner is not liable to the Hirer for any loss or damage which the Hirer may sustain
due to the Hirer ordering the wrong Equipment or insufficient quantities of the Equipment or where
the Equipment is hired for a purpose which is outside of the Equipment’s specifications;
ii. The Owner is not liable for any damage or loss suffered by the Hirer due to any late
delivery of the Equipment to the Site when:
a. The Hirer has accepted the Offer to Hire From less than 72 hours prior to the required delivery
time and the Site is in within 20 kilometres of the Owner’s Premises.
b. The Site is more than 20 kilometres from the Owner’s Premises, then the Owner will have no
liability arising out of late delivery if the Acceptance by the Hirer is received within five (5) days of
the anticipated date of delivery to the Site.
iii. The Owner will have no liability to the Hirer if it is the responsibility of the Hirer to
prepare the Site for the delivery and installation of the Equipment or where it is the responsibility of
the Hirer to provide the facilities; and at the time of delivery of the Equipment to the Site, the Site is
not so prepared or the facilities or Site are not available or unsuitable;
iv. The Owner has no liability to the Hirer for any damage or loss which the Hirer might
sustain where the cause of that damage or loss is the negligence of the Hirer or any of its servants,
agents, or contractors.
b) Where it is the responsibility of the Hirer to ensure that the Site and facilities are safe, then the
Hirer indemnifies the Owner 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 the Hirer to ensure that the Site is safe.

15. NO SALE AND ACKNOWLEDGEMENT OF OWNERSHIP
a) This is a hire agreement only and does not constitute or give rise to any sale of the Equipment to
the Hirer, any hire purchase agreement or arrangement with the Hirer or any leasing agreement that
contains an option to purchase the Equipment.
b) The relationship between the Owner and the Hirer is limited to a relationship of Owner and bailee
in respect of the equipment.
c) The Hirer acknowledges that the Owner is the sole exclusive Owner of the Equipment.
d) Nothing in this Contract confers any option on the Hirer to purchase the Equipment or any part
thereof.