1. Definitions
The Company' is Kastellorizo Pty Ltd trading as Bourke Hire and/or their subcontractors or agents. 'Equipment" means the items hired
out by The Company to the Hirer. "The Hirer" is the person hiring the equipment from the Company, including their employees and
agents. "Hire Period" is the period of time for which any equipment is required to be ready and available for use.
2. Terms of Payment
a) The Hirer is required to pay 50% deposit on acceptance of booking confirmation.
b) Accounts must be paid in full 48 hours prior to delivery or at time of pick up by the Hirer unless the customer has an established
credit account.
3 Hire Charges
a) The charges published in any of The Company's printed material are for the guidance of the Hirer in estimating costs only and do not
constitute an offer.
b) The amount quoted is for for one use of goods only.
c) A minimum of $50.00 applies to all orders.
d) The late return of goods to the Company by the Hirer will incur a penalty of 25% in addition to the quoted daily rate for each additional
day.
e) If the Hirer's order results in extra time or overtime by the Company's employees, the costs thereof is payable by the Hirer.
f) The Company must be notified within 24 hours of shortages of equipment hired to the Hirer or the Company accepts no responsibility.
g) The Company reserves the right to hire equipment to the nearest standard pack over the quantity ordered.
h) No warranty is given by the Company as to the equipment's fitness for use.
i) No council fees, permit fees, costs, inspections or the like are included in any prices.
j) Hire charges, minimum charge, delivery charges and all other extra charges may be altered by the Company without notice.
4. Termination of Hire
a) The Company may terminate the hire at any time whereupon any equipment hired to the Hirer shall be returned to the Company
forthwith. The Hirer shall have no claims for such termination.
5. Substitution
The Company may substitute an portion of the Hirer's order with the nearest equipment.
6. Delivery and Pick Up
a) Delivery and pick up of equipment is not included in the standard quotation. Charges for delivery and pick up of equipment are
available on application.
b) In the event that the Hirer requires the company to deliver the equipment to the site, delivery charges quoted are for delivery to a site
at street level. Extra charges are payable for delivery to and pick up from higher or lower levels.
c) If on arrival at the site the distance from point of parking to point of erection is found to be greater than 20 metres a surcharge applies
d) Hirer's delivery instructions carried out where possible. The Company accepts no responsibility for non-arrival at a specified time.
e) Equipment not delivered by the Company will not be picked up for return unless requested by the Hirer and incurs an extra charge.
f) If the Company is required to pick up the hired equipment, the Hirer must provide clear access to hired goods and all costs associated
with delays due to be paid by the hirer.
g) If the Company is required to pickup the hired equipment, the Hirer remains responsible for packing the equipment into the
appropriate crates or containers prior to pick up time.
Erection of Equipment
a) Erection or set up of equipment is not included in the standard quotation. Additional charges are payable by the Hirer if the Company
is requested to erect or set up the equipment.
b) Erecting and dismantling the goods when carried out by the Company shall be in all things at the Hirer's risk and expense.
c) Quotations for erection or set up of equipment are subject to inspection of the site and to erection and dismantling of good hired in
ordinary working hours. If grounds or floors are not flat level firm ground or are otherwise unsuitable, an extra charge for time clearing,
levelling or picking up and cartage of extra goods caused thereby will be payable by the Hirer.
d) The Hirer is required to provide the Company with either a plan showing the position in which the equipment is to be erected or set up
or the Hirer should have a representative on site for that purpose. In absence of both then the Company will erect or set up the
equipment as it deems fit.
e) The Hirer shall make the Company fully aware of all services and obstructions in the immediate vicinity both above and below the
ground that may effect any work to be carried out by the Company. The Company will not be liable or responsible for the location, repair
or any liability resulting from damage of such services. The Company will take all possible care to avoid damage of such services.
7. Return of Good By the Hirer
a) Immediately after use the Hirer must ensure the equipment is thoroughly washed, cleaned and packed in respective cartons and
crates for collection by the Company.
b) Equipment must not be packed wet.
c) A cleaning fee will be charged and payable by the Hirer for any equipment that is not returned in a clean and dry condition.
d) The Company's driver will not pack or check goods.
8. Responsibilities of the Hirer
a) The Hirer is responsible for the equipment hired from the time the equipment leaves the Company's possession until returned thereto
the Hirer shall pay for all goods damaged, lost or stolen howsoever the cause during that period.
b) It is expressly stipulated and agreed that the carrier or other person receiving the goods from the Company' s premises or from the
Company's employee is the duty authorised agent of the Hirer who will be bound by these conditions as fully as if the Hirer had
personally signed both, or either the order and receipt of the goods.
9. Shortages and Damage
a) The Company 's count and/or decision as to the condition of equipment and containers prior despatch and on return shall be final.
b) All shortages and damage to equipment will be paid for by the Hirer at replancement costs.
c) On return to the Company, damaged or broken equipment is kept for one week and is then destroyed.
d) No streamers or dye of any type to be in contact with the equipment, including marquees and structures. Any damage resultant from
such shall be paid by the Hirer.
10. Goods In Error
Where the Company has received the Hirer's goods in error, the Hirer shall claim such goods within 14 days from date of receipt by the
Company; otherwise such goods will be disposed of without liability.
11. Insurance
The Hirer will maintain at it's 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 Company and it's equipment agains all claims, loss or damage whatsover.
12. Hirer Bound
The Hirer shall be deemed to have accepted these conditions whether signed by the Hirer or not by proceeding with the hire of goods.
Accessing the Company's website is deemed acceptance of these Terms and Conditions.
13. Indemnity
The Hirer shall indemnify and keep indemnified and save harmless the Company and the Company's staff and agents from all damages,
suits, actions, claims and demands of every description whatsover and howsoever arising either directly or indirectly from the use,
maintenance, transport, operation of the equipment or otherwise and whether resulting from the negligence of the Company, it's staff
or agents or otherwise.
14. Exclusion of Liability
The Company shall not be liable to the Hirer or the Hirer's servants or agents for any damages, damages suits, actions, claims and
demands of every desription whatsover and howsoever arising either directly or indirectly from representations, warranties, terms
and conditions express or implied.
15. Cancellation
Cancellations 30 days or more prior to delivery incur a fee of 30% of total hire fee.
Cancellations 7 - 29 days prior to delivery incur a fee of 50% of total hire fee.
Bookings cancelled within 7 days of the event date will forfeit 100% of the total hire fee.
16. Force Majeure
While every effort will be made by the Company to carry out any order accepted, the full performance of it is subject to the variation or
cancellation by the Company consequent upon an act of God, war, strikes, riot, lockouts or any other disturbances, fire, flood, storm,
restriction on the use of transport, fuel or power or any other cause beyond the control of the Company.
17. Photography - Media
The Company reserves the right to take photos at event locations utilising the Companies equipment. Photos are taken with a focus on
the equipment. Photos may be used in publications or other media produced, used or contracted by the Company.
18. Miscellaneous
a) Prices include GST
b) If any of the Terms and Conditions becomes void or unenforceable for any reason then that part will be severed from these Terms
to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any
severance of other parts.
c) Failure by the Company to insist upon strict performance of any of these Terms and Conditions, or to exercise in whole or in part any
right that it may have under these Terms or at law, shall not be deemed to be a waiver of any right that the Company may have and shall
not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms and Conditons.
Kastellorizo Pty Ltd
Bourke Hire
26 Dillon Street
Cobram Victoria 3644
Ph: 03 58 721 433
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
A.C.N 082 736 687
A.B.N 29 410 845 784
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