OMG PARTY HIRE Terms & Conditions are under the Xtreme Party Hire USE of Terms and Conditions, a division sector of the same business!
Our Terms & Conditions apply wherever, whenever and however you access the Xtreme Party Hire website and Information Services via Telecommunications.
- Your use of our website indicates your acceptance of these Terms & Conditions, as they exist at that time.
- We reserve the right to change the Terms & Conditions at any time. Changes become effective immediately upon publishing or posting or on the date specified.
- Your continued use of the website indicates your acceptance of the revised Terms and Conditions, so you should review the Terms & Conditions from time to time.
Use of this website
We expect you to:
- The website is provided to be used by Xtreme Party Hire Pty Ltd customers or potential customers.
- ensure that the material you provide is accurate, complete, and suitable;
- comply with all relevant Local, State and Commonwealth laws and regulations and, where applicable, all national and international laws and regulation;
- respect our and other company rights including but not limited to Xtreme Party Hire intellectual property rights through the website.
You are not permitted to:
- use this website or any of its contents for commercial purposes outside its intended use for your organisation or any other organisation. Any commercial use requires prior written approval from Xtreme Party Hire Pty Ltd.
- use this website for illegal purposes such as encouraging conduct that would constitute a criminal offence;
- Send any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
- damage, modify, interfere with, disrupt or destroy the data, passwords, devices or resources that belong to us or do anything that compromises the security of Xtreme Party Hire Pty Ltd
- use the website to engage in misleading or deceptive marketing practices;
- use the website or provided emails address to transmit spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or
- resell, rent or lease our website or any of its contents to anyone or organisation.
You acknowledge that:
- Xtreme Party Hire Pty Ltd is not responsible for the content or conduct of any site linked to or from the website;
- Xtreme Party Hire Pty Ltd website may experience interruptions and access difficulties from time to time and that Xtreme Party Hire Pty Ltd will not be responsible for interruptions or access difficulties.
- We do not guarantee that the website or any information is error or fault free.
- We do not guarantee that the website will meet your requirements.
Xtreme Party Hire Pty Ltd reserves the right to:
- refuse to remove any information and/or materials (in whole or in part) that Xtreme Party Hire Pty Ltd regards in any way objectionable or in violation of the Terms & Conditions without notice to you;
- modify, discontinue or terminate any product that Xtreme Party Hire offer at any time without notice or liability to you; and
- exercise broad editorial discretion in determining the content. That discretion extends to what information is listed, where products are listed in the website, spelling, grammar and/or correction of other errors that may occur. All Xtreme Party Hire Pty Ltd products are subject to change or removal at any time at our sole discretion.
- Hire or Not to Hire to any peron or corporate we set fit to do so without being prejudice for any reason we redeem fit.
Limitation of Liability
To the extent permitted by law:
- Xtreme Party Hire Pty Ltd excludes any and all liability to you or any other person for any loss or damage, whether arising from negligence or otherwise in connection with our website or information on or provided though the website.
- Xtreme Party Hire Pty Ltd excludes all liability to you or any other person or organisation (or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss of goodwill, even if Xtreme Party Hire Pty Ltd have been advised of the possibility of such loss or damage.
- You agree to at all times indemnify us and our affiliates, our suppliers and their respective employees, contractors and agents from and against any direct or consequential loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified which may arise out of your use of Xtreme Party Hire Pty Ltd and/or the website or any breach by you of these Terms and Conditions.
- Xtreme Party Hire holds a Public Liabilty Insurance Policy to cover Xtreme Party Hire and representatives due to malfunction or workmanship of $10,000,000. This policy is not to cover the customer or there agents and that the customer needs to seek there own Public Liabilty at such events.
- The customer needs to seek local permission from Council or Local Authorities if items are setup on public use land or facilities.
- Any provision of the Terms and Conditions that is invalid, voidable or unenforceable will be deleted and the remainder will continue to have full force and effect.
- You may not assign any of your rights or obligations under the Agreement or under the Terms and Conditions without our prior written consent. We may assign our rights or obligations under the Agreement at any time without notice to you.
- Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.
- A waiver by us of a provision of or right under the Terms and Conditions is only binding on us if it is in writing and executed by us. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.
- All rights not expressly granted in the Terms and Conditions are reserved.
- Xtreme Party Hire Pty Ltd declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to privacy, fair trading, corporations and criminal laws specifically the Spam Act, Privacy Act, National Privacy Principles and other state legislation.
Circumstances beyond our control
We will not be liable for any failure or delay in the performance of our obligations to you under the agreement if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure.
Content – refers to all information, including but not limited to data, text, images and multimedia, that is displayed on the website
Customer – You the hiree / Member
Compliance – to the act of responding favourably to a request to comply with our terms
Xtreme Party Hire – Xtreme Party Hire Pty Ltd
Xtreme Party Hire Contractor – A Xtreme Party Hire contracted service provider operating an independent business
Organisation/s – An unincorporated/incorporated association, club, Non-Government Organisation or Government (local state or federal) organisation.
Obligations – What is expected of you
Supplier – Xtreme Party Hire Representative or Contractors or Agents
Terms & Conditions – The specific information, restrictions about your use of www.xtremepartyhire.com.au and Xtreme Party Hire Pty Ltd services
User – any person who interacts with the website
You , your – means the Member
HIRE & CONTRACT Conditions
Please take your time to read our terms and conditions of hire, this is fully binding contract between the Customer and the Supplier. Before any hire equipment is delivered or collected from our premises you shall be required to have paid in full for that hire. If we are required to chase payment you will incur a 5% surcharge on the total balance of the customer invoice.
This Final payment may delay your delivery or collection if not paid in full and the supplier takes no responsibility for these issues.
All bookings to be confirmed must have a deposit of 20% or any other amount advised by a Xtreme Party Hire member paid 2 days before delivery takes place as items are not booked until deposit paid. This is a non refundable deposit amount. The Customer is covered from being double booked if confirmed with a deposit.
The Customer is liable to pay for the full amount invoiced if cancelled within 7 days of the event.
Use of our Equipment:
The Customer must at all times use the equipment in a skilful manner for the purposes intended or the way the Supplier has instructed you to via our instruction cards or in store demonstrations during your hire period, you may be advised by our delivery drivers verbally or supplied information to use the equipment, this information must be followed.
You may never hire to someone else or have anyone else operate the equipment other then the person or persons signing these terms and conditions of hire contract. We may under any circumstance retake the gear if we are aware of misuse or bad behaviour.
You must never remove the equipment from the location supplied to the supplier when the booking is made. The equipment may not be covered by insurance if you do. Further charges or fees may apply. You must advise the supplier if required to move the gear from one location to another where the new location is before commencing the move.
The Supplier reserves their right to inspect the Equipment whether to assess the performance or conditions of use at any time.
The Supplier may, without prejudice to any of its other rights and without previous notice to the Customer, retake and resume possession of the Equipment which remains the property of the Supplier and, by its servants or agents, may enter upon the customers premises or any other place where the goods may be upon the occurrence of any one or more of the following:
Where the Customer commences to be a bankrupt and a liquidator is appointed (provisional or otherwise) or the Hirer is placed under official management or a Receiver or Receiver and Manager is appointed or an encumbrance takes possession of its undertaking or property;
- Where the Customer becomes insolvent or bankrupt or commits an act of bankruptcy or makes an assignment for the benefit of a creditor;
- Where the Customer fails to pay the whole or any part of the hire of the goods or any other charges for the goods supplied hereunder or for any other equipment or services supplied to the Customer by the Supplier when due;
- Where the Customer parts with possession of the goods;
- Where any other terms or conditions of the Contract between the Customer and Supplier are breached by the Customer.
Security/ Bond Deposit:
Some of our products require a Security/Bond deposit so the customer you are held to the obligations of the correct use of the equipment and booking confirmation requirements. Security/Bond deposits are fully refundable if the goods returned are undamaged, clean and at no loss to the Supplier.
A Valid Credit Card needs to be held with every hire agreement in conjuction as security for items that are damaged or not returned or Dirty items or for other admin/delivery costs that may arise due to the Hire Period. Credit Card use is only valid for the period of the hire and then details are then destroyed once all equipment and services are satisfied in good order by Xtreme Party Hire Pty Ltd
Any return of Equipment after the agreed return date will incur a 35% per day fee ongoing, until all items have been returned to the Suppliers premises.
Breakdown or Damage:
(a) Should the equipment be found by the Supplier to be faulty due to misuse or has been tampered with, the Customer will be responsible for the repair costs. The Customer shall not repair or facilitate repairs without the Suppliers prior consent. The Supplier shall not be liable for any damage to any person or property resulting from misuse of equipment. Where a problem or usage questions arises, the Customer has the responsibility to call 1300 88 44 72 or 0430 946 433 after hours as our support number to request assistance immediately.
(b) If Clause (a) hereof applies, to the extent that if the equipment is lost, damaged, faulty, destroyed or tampered with due to the Customers misuse, the Supplier may debit the Customers nominated Credit/Debit Card for the cost of repairing the damage to the equipment or if the damage is beyond repair then the cost of replacing the equipment and also with an adminstration fee to source the equipment.
(c) The Supplier reserves the right at all times, acting reasonably, in determining whether the damage sustained to the equipment is beyond repair.
The customer you are required to adequately secure the gear from theft or damage during the hire period, or be subject to a replacement value cost if damaged or stolen in your possession. The equipment location address must be supplied and be true and correct. At no time must the equipment be moved unless notified.
The hire quotation is a quotation only and pricing may vary subject to availability of equipment or due to the terms and conditions above not being adhered to. The Supplier Quote is only valid for 7 days and all tenative bookings are kept for 24 hours before goods are back on the market for hire.
Cancellation and Refunds:
Should weather be a burden to your event, or any other reason the effects the use of the hire, then the full hire price or wages for a set up will be incurred to cover Xtreme Party Hire outlay, Postponement of the event may lead to availability issues or price rises of the product, we will work with you to soften these unfortunate circumstances.The Customer is liable to pay for the full amount invoiced if cancelled within 7 days of the event.
Xtreme Party Hire must be advised immediately if any issues arise with the hire equipment that affects the use of the equipment, operation, safety or any damage while in use. The supplier has a contact number with an active message service and call out service if required.
Refunds to the customer will only be honoured if the customer contacts the supplier in regards to the issue and speaks to one of our representatives before the hire period is over to give Xtreme Party Hire the ability to rectify , solve or replace item.
At no stage will Xtreme Party Hire do any such refunds if notified after the event !
Large Scale events over $2000 in value cancelled inside 14 days prior to the event shall incur additional costs above and beyond the deposit amount to cover equipment purchases or event costs that had to be ordered within the time frame for the event, this will be up to the discretion of the supplier.Jumping Castles are the only refundable deposit item due to bad weather conditions the morning of where a Xtreme Party Hire representative will call you due to bad weather such as Rain or otherwise that is not safe.If the castle is delivered and set up for use then the customer is liable for the hire whether it Rain, Hail or Shine.
The Customer agrees to indemnify The Supplier from and against any claim, action, proceeding, judgement, damage, loss, cost, expense or liability whatsoever incurred or suffered by or brought or made or recovered against this Supplier to the extent that the same arises or is connected with or all actions by the Customer, its representatives, partners or agents and any or all of its third party contractors or suppliers. The Customer will be liable to the Supplier regardless of any other contractual arrangements that they have entered into with third parties either known or unknown to the Supplier. Business, firms or organisations are recommended to have their own insurances when booking for corporate party events through the Supplier.
SITE INSPECTION CHECKS
Site inspection checks are to address issues such as the area in question for a safe and hazardous free Zone.
Not having a site check could impose a full penalty if the hire does not fit and is not able to be delivered to a safe place of location.
Site Inspection checks provide peace of mind to the Hiree knowing all will be good to go on the day.
Our delivery service is a service that we provide free within Inner Melbourne Metro Area, please enquire with a Xtreme Party Hire representative as our boundaries may change at any time.Delivery fees will apply to country areas and out skirts of Inner Melbourne areas. Orders invoiced at $150 and over is considered as free delivery within our boundaries unless specified in our product range where heavy bulk items may specify a delivery fee.Customer special requests for delivery times will attract a fee if our normal delivery time is not acceptable and or out of business hours or hours not between 9am – 5pm on Weekends.Xtreme Party Hire can elect to deliver items at any normal given time of up to 48 hours before or after the event.All Melbourne CBD areas attract a fee regardless due to extra allocated time to deliver items due to Loading Bays and Service Lifts in use.Delivery times are set and if customer is not ready to take possession of goods on arrival or pick up the Supplier may leave without notice to the customer to avoid other events being late on the day and will attract a Recollection delivery fee to return.Xtreme Party Hire holds no guarantees with times allocated due to traffic on road issues that may happen or for unforseen events that may occur throughtout the day.The customer needs to contact Xtreme Party Hire if item is not delivered or picked up within the time frame to esitimate time of arrival.
Customer needs to acknowledge our requirements of delivery or advise at booking/deposit point of each transaction hire :
All deliveries need an excess of 3.4mtrs in height to allow truck or van entrance.
Deliveries that have a specific bump in or bump out time will attract fee of $50 each way.( When time frame is within a 2 hour period for bump in or out )
Most deliveries are to be a flat level surface including drive ways and access to delivery point of item hired. You will need to advise if steps, stairs or slope surfaces are also a hazard.
Deliveries will not go beyond 50 metres of unloading and loading to destination points of delivered items.
IF ANY OF THE ABOVE ISSUES APPLY TO YOUR TRANSACTION HIRE YOU ARE RESPONSABLE TO ADVISE XTREME PARTY HIRE AT BOOKING POINT OF YOUR ITEM.
WE WILL DECLINE TO DELIVER IF THESE CONDITIONS ARE NOT MEET OR NOT ADVISED TO US PRIOR TO DELIVERY OR PICKUP.
TIMES FOR DELIVERIES ARE ADVISED 2-4 DAYS BEFORE EACH EVENT AND ARE THEN ADVISED AND AGREED TOO BETWEEN XTREME PARTY HIRE AND CLIENT/CUSTOMER. ANY LATE CHANGES TO TIME OF DELIVERIES AND PICKUPS AFTER AGREED MAY OCCUR AN ADDITIONAL FEE AND AT A SUITABLE TIME THAT XTREME PARTY HIRE AGRESS TOO.
DELIVERIES ON ARRIVAL WILL NEED TO UNLOAD OR PICKUP AS SOON AS THEY ARRIVE . ANY DELAY IN DOING SO FOR ANY REASON WILL RESULT IN A FEE OF $25 PER 15 MINUTES..
Free Delivery within 35kms from either Tullamarine Or Hallam Office for Hires over $150
New Delivery Terms from 01/09/2016 onwards !
Please see our Terms for CBD deliveries. Please note some items may not apply to this criteria.
Xtreme Party Hire Pty Ltd is a Melbourne based Business.