Please read the following terms and conditions carefully. It is a condition of hiring any equipment from Perth Kids Party Hire that the Hirer accepts the below terms and conditions which constitute the whole of the Contract with the Hirer.

•	A deposit of $100 is due within 48 hours of receiving your hire agreement to secure your booking. 
•	Minimum order for equipment hire is $100 (not including delivery/collection). Once confirmed, orders cannot be amended to equal an equipment hire amount less than $100.
•	If your hire is less than 7 days away at time of booking, full payment is required within 24 hours secure the booking
•	Please use your name and party date as your payment reference.
•	*The balance payment and $100 Bond must be paid via Direct Deposit one week prior to Hire Start Date. The Bond is refundable at the end of your Hire Period.

1.	DEFINITIONS

“Balance Due” means the total cost of the Equipment hired, as listed on page one of this Hire Agreement, less the Deposit paid by the Hirer.

“Bank Account” means the bank account details listed on the payment invoice. 

“Cancellation” means the cancellation by the Hirer.

“Deposit” means any payment stated on page one of this Hire Agreement that is paid by the Hirer as a deposit prior to delivery.

“Direct Deposit” means the electronic payment by the Hirer to the Owner’s Bank Account.

“Equipment” means collectively all goods and equipment listed on page one of this Hire Agreement and separately each item of the goods and equipment listed on page one of this Hire Agreement and includes all additional equipment.

“Hire Period” means the period for which the Equipment is hired by the Hirer being from the time the Equipment is delivered by the Owner to the Hirer, or picked up by the Hirer from the Owner, until the time the Equipment is returned to the Owner.

“Hirer” means the person or company listed on page one of this Hire Agreement, jointly and severely if more than one, who are hiring the goods from Perth Kids Party Hire. 

“The Owner” means Perth Kids Party Hire (ABN 24 757 346 498), its employees and agents.

“Prescribed Hire Rates” means the current rates listed on the Owners website and on the Perth Kids Party Hire Booking Request Form.

“Site” means the venue at which the hired Equipment is to be used by the Hirer.

"Loss or Damage" includes loss or damage to equipment AND future loss of earnings.  

2.	BASIS OF CONTRACT
2.1	The Hirer is deemed to have accepted these terms and conditions upon payment of a Deposit for the hiring of any Equipment from the Owner, and further, the Hirer is deemed to have agreed that these terms and conditions shall be the only terms and conditions on which the Owner will provide the Equipment to the Hirer.

3.	PAYMENT TERMS
3.1	The Hirer will pay a deposit of $100.00 via Direct Deposit to secure the booking within two (2) days of receiving this hire agreement. 
3.2	The deposit is non-refundable.
3.3	For bookings where the Balance Due as stated on page one of this Hire Agreement is less than $100 payment is due in full within two (2) days of receiving this hire agreement.
3.4	The Hirer will pay the remaining balance due stated on page one of the Hire Agreement by Direct Deposit into the Owner’s Bank Account at least seven (7) days prior to the commencement of the Hire Period.
3.5	The Hirer must pay a bond in the amount of $100.00 to the Owner at least seven (7) days prior to the commencement of the Hire Period. The Owner will return the $100.00 bond in full to the Hirer conditional upon the Equipment being available for collection, or being returned, in the condition stated on page of this Hire Agreement at the expiration of the Hire Period. The Owner reserves their absolute right to retain the $100.00 bond if the Hirer breaches any of these terms and conditions.

4.	THE EQUIPMENT
4.1	The Equipment will at all times remain the exclusive property of the Owner. The Hirer has no legal or equitable interest in the Equipment. 
4.2	The Hirer will not will not lend, sell or assign any hired Equipment at any time throughout the Hire Period without obtaining prior written consent from the Owner.
4.3	The Hirer will be held responsible for any damaged or missing Equipment at the Site and for the duration of the Hire Period.
4.4	Upon delivery, or collection, of the Equipment the Hirer must inspect the Equipment to determine whether the Equipment is in accordance with the hire agreement/invoice, and that the Equipment is in working condition and good order. If the Hirer believes that the Equipment is not in accordance with the Hire Agreement or is malfunctioning they must notify the Owner in writing within twenty-four (24) hours of receipt of the Equipment.
4.5	At the end of the Hire Period the Hirer must make available for collection, or deliver to the Owner if agreed to, the Equipment in the same condition as at the commencement of the Hire Period. 
4.6	Throughout the Hire Period Hirer agrees to:
(a)	At all times exercise absolute care and diligence in any use of the Equipment in accordance with the Equipment instructions as issued by the Owner or in accordance with the manufacturer’s specifications;
(b)	Not tamper, interfere, repair or attempt to repair any Equipment;
(c)	Ensure the Equipment is safe at all times throughout the Hire Period;
(d)	Be responsible for all accidental damage to the Equipment throughout the Hire Period;
(e)	Be responsible for all damage or loss to the Equipment caused by theft, malicious damage, or any other unlawful act that occurs throughout the Hire Period; 
(f)	Ensure that at all times throughout the Hire Period the Equipment is stored safely and securely;
(g)	In the case of bad weather, provide suitable protection of any Equipment for the duration of the Hire Period;
(h)     Do not store Equipment in humid conditions or where humidity can develop,  for the duration of the Hire Period;
(i)       Do not store Equipment in wet or damp conditions or where moisture can develop,  for the duration of the Hire Period (i.e., wet/damp lawns or artificial lawns or wet/damp indoor or outdoor surfaces);
(j)     $100 Bond will be forfeited if Equipment is wet or damp upon collection;
(k)     Not permit any person, including a child, to improperly or unsafely use the Equipment throughout the Hire Period.
4.     In the event that the Equipment is not available for collection by the Owner, or delivery by the Hirer if agreed to, at the end of the Hire Period then the Hirer will be liable to pay to the Owner at the Prescribed Hire Rates for the duration of the period until the Equipment is available for collection by the Owner or is delivered by the Hirer.
4.8	In the event that the Equipment is lost, stolen or damaged during the Hire Period the Hirer will be liable to the Owner and will indemnify the Owner for the full costs of replacing of any lost or stolen Equipment, the repair of any damaged Equipment, and if in the sole discretion of the Owner the replacement of any Equipment which they determine is damaged beyond repair.
4.9	In the event that the Equipment is not available for collection by the Owner, or delivery by the Hirer if agreed to, within seven (7) days of the expiry of the Hire Period then the Equipment will be deemed to have been lost, stolen or damaged and the Hirer will be liable to the Owner to pay the full amount of replacing this Equipment within fourteen (14) days of the expiry of the Hire Period. 

5.	RESPONSIBLITIES OF THE HIRER 
5.1	It is the responsibility of the Hirer to ensure that the Equipment hired is suitable for the age and skills of the children who will be using the Equipment at the Site, or who will be in contact with the Equipment at any other time during the Hire Period, and that the Equipment is set up by a responsible adult and used in accordance with any instructions provided by the Owner.
5.2	The Hirer agrees that they are NOT under any circumstances permitted to transport the hired equipment from the delivery address noted in the customer details section of this Hire Agreement to another location after it has been delivered by Perth Kids Party Hire.
5.3	The Hirer acknowledges that it is their absolute responsibility to ensure that any children using the Equipment at the Site, or at any other time during the Hire Period, are being supervised by a competent adult at all times.
5.4	The Hirer acknowledges that is their responsibility to ensure that the Site is safe and indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where that injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure of the Hirer to ensure the Site is safe.
5.5	The Hirer accepts responsibility to return the items in the same state of repair and cleanliness as when delivered, to ensure that the equipment's state does not:
 (a)   adversely impact future use; and/or 
(b)   reduce the life span of the equipment.  
5.6 The $100 bond will be forfeited for equipment that requires more than one hour of cleaning and maintenance.  

6.	WARRANTIES
6.1	All warranties implied by the Competition and Consumer Act 2010 (Cth) are hereby expressly excluded.
6.2	Where permitted by statute, the Owner’s liability for breach of any warranty is limited to:
The supply to the Hirer of substituted equivalent equipment; or
(a)	The payment of the costs of supplying to the Hirer any substituted equivalent equipment; or
(b)	The full repayment to the Hirer of the Balance Due, the Deposit, and the $100.00 bond provided at clause 3.2 above.

7.	LIMITATION OF LIABILITY
7.1	The Hirer acknowledges that they bear all risk in the equipment for the full duration of the Hire Period.
7.2	To the full extent permitted by law the Hirer hereby releases the Owner from any liability for any loss or damage suffered, or for any injury sustained, by the Hirer or any of its employees or agents for the full duration of the Hire Period.
7.3	The Hirer agrees to indemnify the Owner from any liability resulting from improper use of any Equipment or failure to comply with any prescribed instructions.
7.4	The Hirer agrees to release, and agrees to indemnify, the Owner in respect of any third party claims arising from damage or injury caused either directly or indirectly to a person or to property out of the hire or use of the Equipment during the Hire Period
7.5	This clause 7 survives the termination or natural expiration of this Hire Agreement between the Owner and the Hirer.

8.	CANCELLATION 
8.1	The Hirer agrees to provide the Owner with notice of an intention to cancel and/or reschedule the hire of any Equipment under this Hire Agreement at least fourteen (14) days prior to the commencement of the Hire Period, if the hirer fails to provide fourteen (14) days notice they hereby accept that they will forfeit all payments made to the owner. 
8.2	The deposit to secure the booking is non-refundable.

9.	DELIVERY AND COLLECTION
9.1	As most our equipment is bulky, the Hirer must ensure that there is suitable access to and from the site of the proposed delivery of the Equipment and it is adequate to suit the mode of delivery and collection. 
9.2	The Hirer is allocated a 10 minute delivery/collection window. 
9.3       The $100 bond will be forfeited if delivery or collection exceeds  the 10 minute window.
9.4       The $100 bond will be forfeited if the Equipment is not packed and in the same state as it was delivered, prior to collection.
9.5      Perth Kids Party Hire reserves the right to cancel a booking (full balance payment will be forfeited by the Hirer) if the 10 minute delivery window is missed by the Hirer and there is no capacity by the Owner to reschedule delivery. 
9.6     An additional delivery fee of $100 will be required if the original 10 minute delivery window is missed by the Hirer, and the delivery is rescheduled within the same weekend.
This additional booking fee must paid prior to delivery if not noted before-hand.  
9.7        Perth Kids Party Hire reserves the right to cancel a booking should you fail to bring to our attention any obstacles that may cause the movement of the equipment from our 3m long, 2.6m high delivery van to the delivery site or residence to be deemed unsuitable. In this instance all monies paid will be forfeited.
9.8	A high-risk or difficult access delivery fee may be charged should it be deemed necessary which includes premises that have more than 10 stairs, multi-level apartment buildings or where the delivery residence is more than 50m from the closest available parking for delivery vehicle. This fee is $100 and will be added to your invoice upon booking, paid on delivery if not noted before-hand, or deducted from the bond.

10.	DISPUTE RESOLUTION
10.1	The parties agree not to commence proceedings in relation to any dispute arising in regard to the Agreement without first having regard to the procedure set out in this clause 9.
10.2	 Should any dispute or difference arise between the Hirer and the Owner in connection with this Hire Agreement, then:
(a)	The party that alleges they have suffered some loss or damage, or is otherwise aggrieved, shall serve the other party, by hand or by mail, with a Notice of Dispute in writing adequately identifying and providing details of the dispute.
(b)	Within 7 days of receipt of the Notice of Dispute, the parties must meet and take reasonable steps to resolve the dispute.
(c)	If the dispute cannot be resolved within 14 days of the meeting between the parties, then the parties agree to submit the dispute to arbitration.
10.3	 Arbitration shall be effected by a single arbitrator who shall be mutually agreed upon by the parties or, in the event that they fail to agree within 7 days, then the arbitrator shall be the President for the time being of the WA Chapter of the Institute of Arbitrators and Mediators Australia (“IAMA”) or his appointee.
10.4	 The parties agree to submit to the arbitration procedures and guidelines adopted by the IAMA.
10.5	The rules of evidence will not apply strictly to the arbitration, but may be considered by the arbitrator in determining the weight to be attached to each item of evidence.
10.6	 If the dispute is not resolved within 90 days of service of the Notice of Dispute (or any longer period as agreed to by the parties), either party who has complied with this clause may end this dispute resolution process by written notice to the other party and immediately thereafter commence court proceedings in relation to the dispute.

11.	MISCELLANEOUS
11.1	 Failure by the Owner to enforce any of their rights under the terms of this Hire Agreement shall not be construed as a waiver of any of the Owners rights.
11.2	 If any term or condition under this Hire Agreement is unenforceable it is to be read down so as to be enforceable, or if it cannot be read down then the unenforceable term shall be severed from this Hire Agreement without affecting the enforceability of any other clause.
11.3	 The Hirer shall be bound by these Terms & Conditions regardless of whether they were signed by the Hirer themselves or their agents, employees, representatives or contractors. 
11.4	 The Owner reserves the right to update the Terms and Conditions of this agreement at any time.  