TERMS AND CONDITIONS OF BUSINESS
INTERPRETATION
In these terms and conditions, unless the context otherwise requires, Bart's Entertainment is referred to as the Company.
i. The corporation, person or firm dealing with the Company is referred to as the Customer; and
ii. Equipment means any other goods of any kind whatsoever hired by the Customer from the Company.
1. GENERAL
1.1 The customer acknowledges and agrees by placing orders that:
i. Certain clauses in these terms and conditions exclude, limit or modify the liability of the Company, and provide the right to
indemnity from the Customer in certain circumstances.
ii. The value of the Equipment that may be entrusted to the Customer by the Company and of all the work for which the Customer
obtains the Company Equipment, will vary considerably and may be wholly disproportionate to the Company's charges which
are not varied to accord such values.
1.2 The Customer similarly acknowledges and agrees that:
i. Because rental charges are not proportionate to the other sums of money involved in the work on which the customer is engaged,
the Company will only hire Equipment on the following conditions:
a. That the Company is not liable for any losses (whether consequential or otherwise, and whether due to negligence or
otherwise) caused by defects or deficiencies of Equipment or failure to supply Equipment.
b. That the customer releases the Company from and indemnifies the Company against all claims brought by and third
parties in connection with hired Equipment.
2. PROPERTY RISK
2.1 The customer is responsible for Equipment from the time it leaves the Company's premises until the time that it is returned and
must compensate the Company for failure to return the Equipment at the end of the agreed hire period in good condition, fair
wear and tear excepted.
2.2 i. When equipment is confiscated or held by customs or government bodies the customer is responsible for replacement/
additional hire charges.
2.3 To avoid inconvenience to other hirers, any extension of hire must be arranged prior to termination of original hire.
2.4 The customer must keep hired Equipment in its custody and must ensure that it is used in a skilful and proper manner by
persons having the appropriate qualifications and experience and who are familiar with the type of Equipment being supplied. The Customer
must protect hired Equipment form the elements and take all reasonable precautions to ensure the Equipment is not
damaged or destroyed.
2.5 It is imperative the any damage be reported immediately upon return of the Equipment. All damages will be paid for by the
customer.
3. DELIVERY
3.1 Where, at the Customers request, Equipment is delivered or collected by the Company, the Company shall have an absolute
discretion as to the mode of delivery or collection and what amount shall be charged for delivery or collection. Delivery and/or
collection of Equipment by the Company shall be at the Customers own risk.
3.2 Pick up and return of all rental Equipment is at the Company's premises or as directed by the Company. Where the delivery or
pickup is made it is at the Customers own risk and exposure.
4. PAYMENT
4.1 The hire charges for Equipment commences from the time the Equipment leaves the Company's premises and terminates when the
Equipment is returned to the Company's premises.
4.2 The Company does not supply Equipment on account. All customers will pay in full at the beginning of theHire period.
4.3 Notwithstanding Clause 4.2 the Company may at the time of any order, delivery and collection of Equipment demand payment in
full upon such order, delivery or collection.
4.4 The Company reserves the right to set a minimum invoice value of $30.00 and reserves the right to refuse hire Equipment to the
Customer in the event that the Customer fails to comply with the Company's terms of payment.
4.5 The Company will interim bill the Customer on a monthly basis where the term of hire exceeds 30 days.
4.6 The Company reserves the right to alter Equipment charges on a varying scale, dependent on quantity, Equipment, availability,
rental period and payment procedure.
4.7 The company reserves the right to discount Equipment charges on a varying scale, dependent on quantity, Equipment, availability,
rental period and payment procedure.
5. LIMITATION OF LIABILITY
5.1 i. Except for normal wear and tear, the Customer assumes the responsibility for damage to and/or loss of Equipment.
ii. The Company or its employees shall not be responsible for any loss or damage by the rented Equipment, whether to the
Customer or its property, or any other person, firm or occupation, nor shall the Company be liable for any delay or failure
thereof, or for the interruption of use of the same or the loss resulting therefrom.
5.2 The Company's liability for furnishing defective Equipment to the Customer is limited to a rebate of the rental charged for
such Equipment where defective equipment is reported within 2 hours of delivery or collection.
5.3 The deterioration of batteries of any description whilst in the Customers possession is the sole responsibility of the Customer.
5.4 Customers remain liable for all risks of loss or damage while the Equipment is in their possession without limitation. This includes
Leaving Equipment in an unattended vehicle whether locked or otherwise.
5.5 All light globes must be returned whether functioning or not. Failure to do so shall incur a penalty at full cost.
6. WAIVER
6.1 Failure of the Company to insist upon strict performance by the Customer of any terms and conditions contained herein shall not be
taken to be a waiver thereof or of any right of the Company in relation thereto and in any event shall not be taken to be a waiver of the
same terms and conditions on any subsequent occasion.
7. HIRE CHARGES
7.1 i. Hire charges for Equipment are as set out in the Hire Price List or as per Quote.
ii. Equipment is charged by the day or by the week. The rental period begins at time of delivery or collection, normally between
2.00pm and 4.00pm and ends at time of pickup or return, normally between 10.00am and 12 midday. Early delivery and late
pickup must be organised with the Company at time of booking. Equipment must be picked up by midday am on the day after
the hire period to avoid another day's rental charge.
8. CANCELLATION CHARGES
8.1 Cancellation of specialised or reserved Equipment and services within 48 hours of collection will attract a 25% cancellation charge for the original period booked or reserved, except where otherwise agreed by the Company.