Terms & Conditions

Definitions:

Supplier shall refer to Jarunabe Pty Ltd T/A MIA Party Hire from here on in.
Hirer shall refer to the person and/or business entering into the contract from here on in.
Business shall refer to a company, business, organisation, incorporated or not incorporated association or any other entity.
Item shall refer to any item, piece of equipment or machinery that forms part of a hire and/or purchase order.

Terms & Conditions

  1. The hirer enters into a contract and agrees and accepts the terms and conditions from the date they make a booking with the supplier.
  2. These terms and conditions are to be read in conjunction with any item instruction sheet and the Care of Hired Items sheet.
  3. The business and/or person who has made the booking is liable for all payment. Payment will be required before the event unless the hirer is an account holder with the supplier. The supplier has the right to refuse delivery by the supplier or pick up by the hirer of any items until full payment has been made or otherwise arranged. Only cash, cheque, VISA and MasterCard credit or debit cards are accepted; AMEX is not accepted.
  4. The hirer is expected to clean items used prior to return or pick up. Where the supplier deems that no reasonable attempt was made to clean an item, the hirer will be charged an additional fee for cleaning. The exception to this condition is linen items. Linen items will be required to be shaken out to remove loose rubbish and must not be stored damp or wet as mould may occur which cannot be laundered out. The hirer will be charged replacement costs of any linen effected by mould due to being stored damp or wet. Replacement costs will also be charged for linen which is returned marked with pencil, pen and marker pens and/or wax or dyes.
  5. Where marquees are erected in an area that is subject to mud, excessive dirt or dust or the like, additional cleaning charges may be incurred. The hirer will inform the supplier of such conditions at the time of booking.
  6. The hirer is not to stick, staple or otherwise fix any decorative items or promotional material that will stain, leave residue or perforate a marquee roof, wall or silk lining. The hirer will also not place light bulbs or other heat generating items against a marquee wall, roof or silk lining as this may cause burn marks which cannot be removed. Heater, gas or electric, are to be kept at a safe distance from the marquee roof, walls or silk linings to ensure no heat damage or fire occurs. Failure to meet this condition will result in the hirer paying for additional cleaning or replacement costs of damaged items.
  7. The hirer is not to stick, staple or otherwise fix any decorative items or promotional material that will stain, leave residue or mark a table, chair, stage or other item. The hirer will take care if placing a hot and/or wet object on an item as this may cause burn/scorch or water marks which cannot be removed. Heater, gas or electric, are to be kept at a safe distance from an item to ensure no heat damage or fire occurs. Failure to meet this condition will result in the hirer paying for additional cleaning or replacement costs of damaged items.
  8. The supplier reserves the right to change the prices at any time without notice. Quoted items will remain valid for 30 days.
  9. The hirer will pay a deposit of 50% of the total cost of hire or $250, whichever is less, to secure a booking. The supplier has the right to accept another booking of an item for the same date if a potential booking has not been secured by a deposit.
  10. All deposits are non-refundable. However the supplier may agree to a credit for a later booking within a 12 month period in extenuating circumstances.
  11. Bookings cancelled less than two days prior to the hire date will incur a 50% cancellation fee. Any items removed from an order or quantities reduced less than two days prior to the hire date will incur a 50% cancellation fee for the cost of the items removed or reduced.
  12. The supplier reserves the right to reschedule a delivery if it is a safety risk to deliver or set up items. E.g. in the case of extreme weather conditions such as torrential rains, hail, strong winds, flooding, extreme thunderstorms, or an area that is restricted from access due to an unforeseen situation. Should we not be able to deliver at a later time on the day, we will happily deliver on the next available day. Should the event have to be cancelled for one of these reasons and your event can’t be rescheduled to another time:
    – a credit of 90% of the original booking can be applied for a future booking if no items were delivered, picked up or set up by the supplier, or
    – a credit of 25% of the original booking can be applied for a future booking if items were delivered, picked up or set up by the supplier.
    All credits must be used within a 12 month period. Note: a cleaning fee will apply where items have been delivered, picked up or set up, by the supplier or hirer, and have been soiled by extreme weather.
  13. The hire is for one day during the week or over a weekend unless agreed upon mutually in writing by both parties. Failure to return the items or inability for our drivers to access the items for pick up will incur a daily charge for the items for any days beyond the agreed hire period.
  14. All items which are to be picked up by the supplier, except for items erected by the supplier, are to be placed in a posi tion that is packed up into piles which are easily accessible by our drivers ready for loading. Additional handling fees will apply if our drivers have to pack up any items supplied.
  15. The hirer accepts full responsibility for the items once they take possession of it and signed a Receipt of Goods form. This is from the time the items are delivered or picked up, to the time they are collected or dropped off. In the case that the driver is held up on the day and will not make the scheduled pick up time, you are still liable for the items till the time the driver arrives. The hirer is liable for the replacement cost of any items that is stolen, goes missing, is vandalised or broken. The hirer is liable for any damages caused to the items, and this includes damages caused by weather and vandalism. No refunds are given in the event that weather damages any equipment or is vandalised.
  16. Any additional hire charges, fees or costs incurred due to items which are stolen, goes missing, vandalised or broken will be settled either by immediate payment on the day of return or added to the account invoice. If the hirer fails to return the equipment, the hirer gives us permission to enter the premises of where the items are held to collect the equipment without being responsible for any damages caused to enter the premises.
  17. The hirer is responsible for having someone available to take delivery of the items at the nominated date and time. If the hirer fails to be there at that time, an additional delivery fee will be charged to re- deliver the items at another time. Delivery and collection is usually done between the hours of 9am-4pm, Monday to Friday, excluding public holidays. Should you require a specific time of delivery, this must be organised with the supplier prior to the day of delivery.
  18. Delivery of all equipment is at ground level only. Extra charges will apply for items that need to be carried more than 50 metres away from where our vehicle can park, up or down more than 5 stairs, steep descents and going up levels in buildings. The hirer is responsible for advising us if the delivery has any of these conditions.
  19. The supplier does not set up items apart from the marquees or items previously organised as part of the order to be erected. All other items are the responsibility of the hirer to set up. Instructions are available on our website or by contacting our office. All items will be placed in a pile for the hirer to set up in their own time. If you require set up, this service can be offered for an additional hourly rate, but must be pre booked with the supplier prior to the delivery date to ensure the extra set up time is factored into our delivery schedule.
  20. Dance floor panels are recommended for use on a hard surface like concrete, tiles or pavers. Use of our dance floor panels on soft surfaces like grass or plush carpet may result in them being very soft and uneven. It is recommended that you allow for set up on a hard surface, or alternatively you can organise for underlay at an additional cost through our office. Under no circumstances is our dance floor panels to be laid directly on dirt or gravel surface. It is recommended that a tarpaulin or other suitable barrier be placed on the dirt/gravel prior to the dance floor being laid. The timber parquetry floor is to be used in an indoor setting only and never on a dirt/gravel area unless a suitable underlay is installed. Any scratches or other damage to the timber floor caused by laying the panels on an unsuitable surface will incur additional charges to repair damage or replace panels.
  21. The hirer assumes proper knowledge in the proper set up, operation and handling of the hired items and will follow proper WH&S policies and will not hold the supplier responsible for any death or injury caused to themselves or others whilst using, moving or setting up any items.
  22. Every item remains the property of supplier at all times. The hirer may not transfer this contract to another party or relocate any item to another address without written consent of the supplier.
  23. The supplier will assume that the hirer has inspected and checked all items once the hirer has signed the Receipt of Goods form. It is expected that the hirer will notify the supplier at the time of delivery or pick up if there is any items missing, damaged or unfit for use. Failure to do so will see the hirer responsible for any damages or missing items upon pick up.
  24. Where a third person is sent to pick up items on behalf of the hirer, the third person will sign the Receipt of Goods form in lieu of the hirer. The responsibilities of the hirer as mentioned elsewhere in these terms and conditions remain with the hirer.
  25. No warranty is provided by the supplier for an item’s fitness for any particular use. We may also replace any item with a similar item in the case that the original product booked becomes unavailable due to unforeseen circumstances.
  26. The hirer agrees to defend, indemnify, assume liability for and hold the supplier harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the use of any hired item, regardless of the basis.
  27. The terms and conditions can only be amended by the supplier.
  28. Any changes to this contract must be written and signed by both the hirer and the supplier. Oral agreements are non-binding. The latest contract supersedes all previous contracts between the parties. This agreement binds and benefits the heirs, successors and assignees of the parties.
  29. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceabil ity will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
  30. If one party waives any term or condition of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.
  31. The laws of NSW shall govern this agreement. Venue for any legal proceedings brought in connection with this contract shall be in NSW.
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