Cupid's Corner Pty Ltd
ABN: 52 165 057 312
Terms and Conditions of Hire
These conditions of hire apply to all hires by Cupid's Corner Pty Ltd to each Customer unless the Customer is otherwise notified in writing. No variation or cancellation of any of these Conditions of hire will be binding unless agreed to; in writing by a representative of Cupid's Corner Pty Ltd.
Unless otherwise stated in writing the Company's quotation will be valid for a period of up to 20 days from date of issue, after which time acceptance of any order placed is subject to written confirmation. Acceptance of the quotation is subject to payment of deposit and the Company's Terms & Conditions of Hire. On commencement of hire without the Customer's written confirmation to such action it shall be deemed that the Customer agrees to and accepts these Terms and Conditions of Hire.
A non-refundable deposit of 30% is required to secure a quote.
3. CANCELLATION AND VARIATION OF ORDERS
i. Any cancellation fee being 30% of the original contract price.
ii. No variation of an order will result in a reduction of the contract price by more than 10%. Where the Customer seeks to vary an order so that the original contract price would reduce by more than 10%, the Customer agrees to pay 90% of the original contract price regardless of the variation requested, before the goods are dispatched.
4. USE OF EQUIPMENT
All Equipment supplied on hire is the property of Cupid's Corner Pty Ltd and remains so until it is A) Returned to Cupid's Corner Pty Ltd. B) The Customer will be responsible for the Equipment until it is returned to Cupid's Corner Pty Ltd, and C) shall maintain the Equipment in good condition, with exception to reasonable wear and tear. The Customer warrants that the Equipment will be returned in good working order to Cupid's Corner Pty Ltd. Cupid's Corner Pty Ltd makes no representation as to the suitability of the Equipment for a particular need or event, and it is the Customer's responsibility to make that judgment on its own behalf.
Cupid's Corner Pty Ltd makes no representation that Equipment will be available to meet every order. Availability of Equipment to meet each order is subject to the timing of that order. Every endeavor will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated Cupid's Corner Pty Ltd will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Where it has been agreed between Cupid's Corner Pty Ltd and the Customer that Equipment is to be delivered to an address specified by the Customer the same shall be available to be picked up at the specified date arranged at that address on the last day of the hire period. Where the Customer has taken delivery at the premises of Cupid's Corner Pty Ltd all Equipment hired shall be returned to those premises by the time arranged on the last day of the hire period. In the event that the Equipment is not available to be picked up by the arranged time on the last day of hire or has not been returned to the premises of Cupid's Corner by close of business on the last day of hire, then Cupid's Corner Pty Ltd must be notified immediately.
6. DELIVERY DOCKETS
The Cupid's Corner Delivery Dockets shall be conclusive evidence of the quantity and identity of the Equipment delivered and as to the date of delivery. The Customer shall be responsible at their own cost for providing a representative to check the quantity and identity of Equipment delivered and to sign the Cupid's Corner Pty Ltd Delivery Docket. The Customer acknowledges and agrees that Cupid's Corner Pty Ltd shall be able to deliver the Equipment whether or not a representative of the Customer is present at the time of delivery.
7. SITE APPROVAL
The Customer shall be responsible for giving any local or other authorities any necessary notice of their intention to erect the Equipment or to have Equipment erected and shall pay all fees in connection therewith. The Customer shall solely be responsible to ensure that the site is cleared and ready for the erection of the Equipment and that the foundations upon which the Equipment is to be erected are sufficiently firm and otherwise suitable to safely carry the Equipment and the load to be put on it without subsidence. In the event that Cupid's Corner Ptd Ltd incurs or suffers any loss, costs or damages as a consequence of the Customer's failure to carry out its obligations under these terms the Customer shall be solely responsible and shall indemnify Cupid's Corner Pty Ltd for any such loss, costs or damages.
8. MISUSE OF EQUIPMENT
Cupid's Corner Pty Ltd shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep Cupid's Corner Pty Ltd indemnified in respect thereof.
The Customer is responsible for the security of the Equipment until such time as it is returned to or collected by Cupid's Corner Pty Ltd. In the event of the Equipment being stolen from the job site, the hirer shall notify Cupid's Corner Pty Ltd in writing stating the full circumstances of the theft and the time the police were notified. Until Cupid's Corner Pty Ltd receives such notification, the hiring charges will continue. The Customer shall also indemnify Cupid's Corner Pty Ltd for any such loss of the Equipment at the current replacement cost of the Equipment, and must pay that cost to Cupid's Corner Pty Ltd on demand. The Customer must ensure that there is provided lighting, water proofing, safe power supply, public protection, covering of power lines and such facilities as might be considered necessary for the requirement of Authorities or in the interests of safety.
10. ACCESS TO SITE
The Customer shall ensure that suitable access to and egress from the site is adequate to suit the mode of delivery or pick up.
The Customer shall ensure that all the Equipment is adequately insured under the Customer's All Risks Insurance Policy which shall be available for the Company's inspection on request. Cupid's Corner Pty Ltd will not insure any Equipment. Any insurance policies undertaken are the sole responsibility of the Customer. The Customer bears all risk in relation to the Equipment and its use until the Equipment is safely returned to Cupid's Corner Pty Ltd in good condition.
12. LOSSES AND DAMAGES
Cupid's Corner must be notified immediately of any Equipment lost or damaged during the hire period. The Customer indemnifies Cupid's Corner in respect of all such loss. The Customer must pay on demand to Cupid's Corner Pty Ltd the following amounts;
i. If the Equipment is lost, the Customer must pay to Cupid's Corner Pty Ltd the current replacement cost of the Equipment;
ii. If the Equipment is damaged, the Customer must pay for all repairs;
iii. If no notice is given to Cupid's Corner Pty Ltd of a lost item it shall be deemed as extended hire until such item is returned, and hire fees with continue until notice is given or the Equipment is found.
13. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
Cupid's Corner Pty Ltd shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by Cupid's Corner to the Customer are excluded, to the full extent permitted by law. The liability of Cupid's Corner Pty Ltd resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the Equipment to the Customer or the repair of the Equipment supplied to the Customer.
14. ELECTRICAL DAMAGE
Any damage to the Equipment caused by fusion or malfunction of electrical equipment is the Customer's liability and the Customer must take adequate precautions. The Customer will be charged for any repairs required to the damaged equipment.
15. PAYMENT TERMS
All payments are strictly due as specified on the Cupid's Corner Pty Ltd Quotation.
“"The Customer" means the person or persons company to whom the Tax Invoice is addressed and shall include their legal representative, administrators, and successors and or permitted assignees.
"Equipment" means the items hired by the Customer from Cupid's Corner Pty Ltd from time to time.