Terms & Conditions
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 person 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 Liability Insurance Policy to cover Xtreme Party Hire and representatives due to malfunction or workmanship of $20,000,000. This policy is not to cover the customer or there agents and that the customer needs to seek there own Public Liability 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 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 & PAYMENT Conditions
TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
This Agreement is between Xtreme Party Hire Pty Ltd ATF Saliba Family Trust ABN 61 562 469 882 (referred to as “Xtreme Party Hire”, “we” or “us”), and the Client described in the Invoice referred to as “client” or “you”), and collectively the Parties.
You have requested the Hire Goods set out in your Invoice. You agree and accept that our Hire Goods are provided to you on these Terms and Conditions (Terms).
You accept our Terms by making payment for the Hire Goods.
Once you have made payment for the Hire Goods you will be sent an Invoice that you should retain to confirm your order.
2. HIRE GOODS
We agree to provide the Hire Goods set out in your Invoice to you for the Hire Period.
If you do not return the Hire Goods promptly or arrange/allow for us to promptly collect the Hire Goods at the end of the Hire Period, we reserve the right to charge a Late Fee.
If you collect the Hire Goods from us, you agree to arrange for the return of the Hire Goods.
If we deliver the Hire Goods to you, we will arrange for pickup of the Hire Goods from the Nominated Delivery Address.
We offer free delivery in the metropolitan Melbourne area for Invoices greater than $150.00, unless the Hire Goods:
(a) are classified by us as a heavy bulk item (if you choose to hire a heavy bulk item, we will notify you of the delivery fee).
(b) are to be delivered within the Melbourne central business district.
(c) you require delivery outside of the hours of 10am – 4pm.
For deliveries that are not eligible for free delivery, we reserve the right to charge a delivery fee.
(a) We will advise you of the delivery fee in advance of making the delivery.
You agree to ensure that the Nominated Delivery Address:
(a) allows a height of 3.4 metres, for a truck or van to complete delivery;
(b) is a flat surface;
(c) does not have any steps, stairs or sloped surfaces.
You agree that if the Nominated Delivery Address involves steps, stairs or sloped surfaces that you must notify us as such and that we reserve the right to charge a fee for that inconvenience on delivery.
We may provide the Hire Goods to you using our employees, contractors and third-party providers and they are included in these Terms.
We will endeavor to deliver and pick up the equipment as safe as possible but we will not be liable for any damage to personal property in doing so.
We offer delivery of the Hire Goods within the Specified Delivery Area, as stated on our website from time to time.
If you are within the Specified Delivery Area, you can nominate a Nominated Delivery Address at the time of making your booking. XTREME PARTY HIRE TERMS AND CONDITIONS
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If you are outside the Specified Delivery Area or otherwise wish to collect the Hire Goods, you may arrange to collect the Hire Goods by liaising with us using the contact details at the end of these Terms.
If you require a specific drop-off or pick-up time of the Hire Goods, we reserve the right to charge a fee for our inconvenience.
We will advise of the delivery or pick-up times available between 24 and 48 hours prior to your event.
If you are not available to immediately accept the Hire Goods on delivery or do not arrive for pick-up of Hire Goods at the agreed time, we reserve the right to charge for waiting, re-arranging delivery or re-arranging pick-up of the Hire Goods.
We do not deliver Hire Goods more than 50 metres from the point of access at the Nominated Delivery Address.
(a) We reserve the right to charge an additional fee if the delivery at the Nominated Delivery Address requires the Hire Goods to be delivered more than 50 metres from the point of access.
We accept no liability for delays in delivery that are outside of our reasonable control, including but not limited to traffic and weather conditions.
You agree to offer a form of identification with a photograph, on delivery of the Hire Goods or pick up of the Hire Goods, to confirm that your identity matches the Invoice.
3. USE AND SAFETY PROVISIONS
You acknowledge and agree that you are to use our Hire Goods in accordance with these safety provisions, and we are not liable for any loss, damage, or harm caused to you, if these provisions are not followed.
You agree to:
(a) Sign the relevant waiver for the Hire Goods;
(b) Direct us on where to drive stakes to secure the Hire Goods into grass, as necessary;
(c) Refrain from moving the Hire Goods from the position it or they was/ were set up;
(d) Follow all troubleshooting instructions provided to you in relation to the Hire Goods, including but not limited to any checklists we provide to you;
(e) Ensure that a 240-volt outlet is available at the site where the Hire Goods will be used, if the Hire Goods are stated on our website as requiring such an outlet;
(f) Ensure that a responsible adult over the age of 18 years is supervising the Hire Goods;
(g) Ensure that no adults use Hire Goods specified as for children’s use;
(h) Ensure that the Hire Goods are used in accordance with any instructions relating to height, weight and age restrictions;
(i) Ensure that no shoes are worn on the Hire Goods;
(j) Ensure that no sharp objects or pets are permitted on the Hire Goods;
(k) Ensure that no food, drink, paint, glitter or other sticky substances are permitted on or in the Hire Goods;
(l) Ensure that any Hire Goods secured by ropes are correctly secured;
(m) Remove all people from the Hire Goods and prohibit use of the Hire Goods if the Hire Goods are located outside and there is strong wind, rain or other severed weather.
(n) Ensure that if children are using the Hire Goods as a group, that such use is safe and suitable, and that the children are grouped by size, for safety reasons;
(o) Ensure that the weight limit of the Hire Goods is not exceeded; XTREME PARTY HIRE TERMS AND CONDITIONS
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(p) Ensure that we are notified promptly on the day of using the Hire Goods, and in any event, within the Hire Period if there are any issues with the Hire Goods;
(q) Ensure that emergency responders are called if reasonably required; and
(r) Ensure that the Hire Goods are kept away from swimming pools.
You agree to undertake research as to the weather conditions at the location you intend to use the Hire Goods. You agree to only use the Hire Goods in reasonably safe weather conditions that do not significantly increase your risk of suffering an injury.
If, at any time during the hire, a situation arises and you are unsure of the proper procedure, please contact us using the contact details provided at the end of these Terms.
4. PRICE AND PAYMENT
Any quotation provided by us to you is valid only for 7 days.
Any tentative bookings of Hire Goods is valid only for 24 hours, following which a Deposit must be made to secure the booking.
A Deposit is required to secure the Hire Goods for the Hire Period. A Deposit will be either:
(a) 20% of the Fees; or
(b) $50.00, whichever is greater.
(c) 50% Deposit needed for Mechanical Rides only.
You acknowledge that the Hire Goods are not secured for the Hire Period until the Deposit has been paid by you.
You agree to pay us any Fees for the Hire Goods that you have requested in accordance with our Payment Terms and by the Payment Method, as set out on our Invoice.
We do not accept cheques or bank transfer receipts as proof of payment on the day of delivery.
You agree to ensure that all funds are cleared in full prior to the commencement of the Hire Period.
An additional Bond is payable on pick up or delivery of the Hire Goods, which we will hold for 7 days.
(a) A Bond may only be made using a Mastercard or Visa credit card.
(b) If Hire Goods are damaged, returned to us dirty or otherwise requiring cleaning or maintenance that is not routine, we reserve the right to claim from your Bond.
If you fail to make payment in accordance with the Payment Terms and the Hire Period commences, we reserve the right to charge interest of 10% per annum on the balance of the invoice.
If you return any of the Hire Goods late, we reserve the right to charge 50% of the applicable Fees per day for the Hire Goods.
If you require an induction, or we reasonably determine that an induction is required for any staff member attending your event, a Fee will be added to your Invoice at the rate of $75 per staff member.
If you require us to attend to any issues with the Hire Goods (Call Out), you are liable to pay any reasonable costs and expenses where we determine that you or others using the Hire Goods have caused the issue(s).
(a) You are liable to pay up to $175.00 per hour for the Call Out.
All amounts are stated in Australian dollars.
All amounts stated are inclusive of GST.
The Fees and Hire Goods can be varied by written agreement between us, including by email.
We will provide you with a full refund if you cancel your booking of the Hire Goods within 24 hours of receipt of the Invoice (provided the cancellation does not fall within the Hire Period). XTREME PARTY HIRE TERMS AND CONDITIONS
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If your booking is for an amount below or up to $2,000, we require a minimum 7 days written notice prior to commencement of the Hire Period in order to provide a refund of your Fee, less your Deposit. If you cancel your booking within the 7 day period prior to commencement of the Hire Period, you will be required to pay the whole Fee, including the Deposit.
If your booking is for an amount over $2,000, we require a minimum 14 days written notice prior to commencement of the Hire Period in order to provide a refund of your Fee, less your Deposit. If you cancel your booking within the 14 day period prior to commencement of the Hire Period, you will be required to pay the whole Fee, including the Deposit.
If you cancel your booking during the Hire Period we will not provide you with a refund of the Fee (including the Deposit).
We reserve the right to cancel your booking if we deem the weather conditions to be severe and adverse, on the day of delivery or pick-up.
(a) We will offer a full refund of Fees, for jumping castle hire only.
If the weather conditions on the day of delivery or pick-up of the Hire Goods are unfavourable but not severe or adverse, we will give you the option of either cancelling your booking or keeping the booking for Jumping Castle Hire only.
6. CLIENT OBLIGATIONS
You must return the Hire Goods by the end of the Hire Period, unless otherwise agreed in writing between the parties.
You acknowledge that the operation of the Hire Goods and the safety of any person using the Hire Goods whilst it is in your possession, is your responsibility.
You agree not to remove the Hire Goods from the Nominated Delivery Address or any other location specified by you nominating where the Hire Goods are to be used.
(a) If you must move the Hire Goods to another location, ensure that you contact us first otherwise additional fees and charges may apply.
You agree to use our Hire Goods in accordance with the safety provisions as set out in these Terms and any additional safety instructions that are provided to you by us, including but not limited to our checklists accompanying Hire Goods, or attached to the Hire Goods.
You acknowledge that you are responsible for ensuring that the Hire Goods are in good working order at the time of collection. If you cause damage to the Hire Goods and accessories or if parts of the Hire Goods or accessories are lost, you are liable to pay the costs for repairs and/or replacement.
If the Hire Goods are unclean or require maintenance that is not routine or to be anticipated, you accept liability for any reasonable costs and expenses incurred.
You are responsible for obtaining any consents, licences and permissions from other parties necessary for the Hire Goods to be provided, at your cost, and for providing us with the necessary consents, licences and permissions.
You agree to keep the Hire Goods and accessories in your custody and not to sublease, rent, sell, or otherwise transfer the Hire Goods provided to you.
The Hire Goods and accessories will, at all times, remain the property of Xtreme Party Hire and may be removed by us at any time after the termination of these Terms.
We reserve the right to come and inspect the Hire Goods at any time.
We reserve the right to take possession of the Hire Goods if we become aware that:
(a) You are or are becoming insolvent or bankrupt, commit an act of bankruptcy or make an assignment for the benefit of a creditor;
(b) You part with possession of the Hire Goods; or
(c) You breach any other terms and conditions of this Agreement.
The Terms automatically terminate at the collection or return of the Hire Goods.
The parties may terminate the Terms by mutual agreement, by notice in writing including by email.
We may terminate the Terms immediately, in our sole discretion, if:
(a) we consider that a request for the Hire Goods is inappropriate, improper or unlawful;
(b) for any other reason outside our control which has the effect of compromising our ability to provide the Hire Goods requested within the required timeframe; or
(c) your payment of the Fees or Bond bounces or is otherwise incomplete and you do not promptly re-arrange for payment to be made.
On return of the Hire Goods, we will return the Bond to you, unless the condition of the Hire Goods is such (assessed at our discretion) that you forfeit some or part of the Bond or if the condition of the Hire Goods is contested and subject to Clause 9’s dispute resolution procedure.
On completion of the Hire Period, we will retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
9. FEEDBACK AND DISPUTE RESOLUTION
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Hire Goods, please contact any member of our staff.
You agree to notify us as quickly as possible on the day of using the Hire Goods, and in any event within the Hire Period if there are any issues with the Hire Goods.
If there is a dispute between the Parties in relation to these Terms, the Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Institute of Victoria to appoint a mediator. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
10. LIMITATION OF LIABILITY AND DISCLAIMERS
ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Hire Goods by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, the Hire Goods are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Hire Goods: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Hire Goods we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Hire Goods for or for a result which you have told us you wish the Hire Goods achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Hire Goods is limited to us re-supplying the Hire Goods to you, or, at our option, us refunding to you the amount you have paid us for the Hire Goods to which your claim relates. XTREME PARTY HIRE TERMS AND CONDITIONS
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Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Hire Goods and this agreement, except those set out in this agreement. You acknowledge and agree that we are not liable for any loss, damage or injuries which occur, directly or indirectly, from the use of our Hire Goods.
This clause will survive termination of these Terms.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly, indirectly, or as a consequence of any breach of these Terms; and any misuse of the Hire Goods; from or by you, your employees, contractors or agents.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Hire Goods including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
The obligations under this clause will survive termination of these Terms.
Advice and Liability for Expenses. Each party must obtain its own independent legal advice and pay its own expenses incurred in negotiating, executing and stamping this Agreement.
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Publicity: You consent to us photographing you, your guests and using advertising, marketing or otherwise publicly announcing that we have undertaken work for you.
GST: If and when applicable, GST payable on our Hire Goods will be set out on our Invoices
Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
Assignment: The Terms is personal to the Parties.
Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.
Governing law and jurisdiction: This Agreement is governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
In these Terms, unless the context otherwise requires, capitalised terms have the meaning given to them in these Terms or on our Website https://www.xtremepartyhire.com.au/.
Bond means the bond payable on pick up or delivery of the Hire Goods.
Deposit is defined in clause 4.3.
Fees means the fee payable pursuant to our Invoice.
Hire Goods means the goods hired by you as outlined in the Invoice.
Hire Period means the period of hire as outlined in the Invoice.
Invoice means Xtreme Party Hire’s invoice in respect of your use of the Hire Goods.
Late Fee means a late fee as outlined on our Invoice or website as amended from time to time.
Nominated Delivery Address means the address the Hire Goods are to be delivered to within the Specified Delivery Area.
Payment Method is as outlined in our Invoice. XTREME PARTY HIRE TERMS AND CONDITIONS
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Payment Terms are as outlined in our Invoice.
Specified Delivery Area means the area that we deliver Hire Goods as outlined on our website.
For questions or notices, please contact us at:
Xtreme Party Hire Pty Ltd ATF Saliba Family Trust ABN 61 562 469 882
Last update: 22 October 2018
PLEASE NOTE BELOW TERMS ARE SIMPLIFIED
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.
Payments of cheques or uncleared funds to Xtreme Party Hire is not classed as paid in full until funds are cleared funds into our account.
We will not accept Cheques or Bank Transfer receipts as payments on the day of delivery !
Clear Funds is a Must as goods will not be released !! ie : Direct credits must be done 5 days before your event or cash payments will be accepted on delivery !
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 a minimum of $50 (Which ever is the higher amount) or any other amount advised by a Xtreme Party Hire as items are not booked until deposit paid. This is a non refundable deposit amount and deposit will be forfeited when part or full invoice is cancelled or any date request change made , the supplied invoice becomes a broken contract between Xtreme Party Hire and the Hiree . The Customer is covered from being double booked if confirmed with a deposit for that day only.
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 skillful 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 conjunction 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 50% 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 on return of the product the Customer will be responsible for the full repair or replacement 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 use of the 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 in any way shape or form within the ” Hiree” period of Hire and or in the possession of the “Hiree”, the Supplier may debit the Customers nominated Credit/Debit Card or a 7 Day Due Invoice will be supplied for the cost of repairing the damage to the equipment , if the damage is beyond repair then the cost of replacing the equipment will also attract an administration fee to source the equipment.
(b1) If your environment is responsible for any such damaged cause by weather, food, drinks , guest or any other type of surroundings that may have affected our equipment you will be held responsible for repair, labour and all other costs associated .
(b1a) The “Hiree” is also responsible for all call out fees where “Xtreme Party Hire’ is not at fault where the “Hiree” is found to have caused the issue and have requested the service of a Call Out to fix an issue . Rates for Call outs are anywhere up to $175ph in a minimum 4 Hour Block.
(b2) If any piece of equipment is not returned or has been damaged while in your possession , you will also be responsible for any Loss of income per day To Xtreme Party Hire for however long it requires the item to be repair or replaced for that item to be available on the market at Xtreme Party Hires discretion .
(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 tentative bookings are kept for 24 hours before goods are back on the market for hire.
Cancellation and Refunds:
DEPOSITS AND FULL/PARTIAL PAYMENTS ARE NOT REFUNDABLE !
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, loss of deposit 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 during the hire period.
On Job Induction online requirements by Hiree
If any online induction needs to be completed for any of our staff attending your event a fee will be additional charged to your hire of $75 per staff member. This will need to be advised before any quote or invoice is presented to you !
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.
Important Notice Weather Conditions You Must Read :
Xtreme Party Hire has the right to cancel any Jumping Castles on the day or day before due to extreme weather conditions predicted by BOM Warnings.
Wind Conditions usually above 40kms are considered and looked at to not proceed !!
You will be notified via a Call or TEXT and refunded full payment made on your jumping castle hire only !!
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 unforeseen events that may occur throughout the day.The customer needs to contact Xtreme Party Hire if item is not delivered or picked up within the time frame to estimate 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 each way.
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 RESPONSIBLE 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.
Day Hire : Maximum 4 hour hire between 10am-4pm
Hires before and after 11am-5pm will incur further charges.
Xtreme Party Hire has the discretion to deliver and pick up items we see fit under the ” Free Delivery Rule “
If allocated times are required by you or you cannot meet Xtreme Party Hire times allocated, there is no Free Delivery !
Overnight Hire :
Items delivered before your event starts and picked up the following day .
Starting times must be from 1pm onwards , any earlier will incur additional charges.
Xtreme Party Hire has the discretion to deliver and pick up items we see fit under the ” Free Delivery Rule “
If allocated times are required by you or you cannot meet Xtreme Party Hire times allocated, there is no Free Delivery !
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 AGREES 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 Tullamarine Or 25kms from Hallam for Hires over $150
New Delivery Terms from 22/10/2018 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.