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Terms & Conditions

Tent Hire Agreement

1. Definitions

1.1 The Company. Canvas & Sky (ABN 88756790629).

1.2 The Hirer. The person hiring the equipment from the Company and whose name appears on the booking form.

1.3 The Period of Hire. The time commencing when the equipment arrives on-site or is picked up by the hirer, and terminating when the equipment is removed by the company, or returned by the hirer.

1.4 Guest. Any person using the equipment during the period of hire.

1.5 Quotation. A pricing offer or other similar document describing the provision of goods and services by the Company

1.5 Booking. A contract entered into by the hirer and the company.

1.6 Equipment. The tent, tent furnishings, camping equipment, and other products provided by the company for the use of the hirer during the period of hire.

1.7 Hire Charges. The total amount due under the invoice that may include delivery, assembly, installation, disassembly, and collection of the equipment.

1.8 Agreement. The contract between the Company and the Hirer for the hire of the equipment incorporating these Terms and Conditions.

2. General

2.1 These Terms and Conditions shall apply to the Agreement for hire of equipment by the Hirer from the Company and shall supersede any other documentation or communication between the parties.

2.2 Upon payment of the deposit, the Hirer is deemed to have accepted the terms of this agreement.

2.3 Any variation to these Terms and Conditions must be agreed in writing by the Company.

3. Payment

3.1 GST. The price for the hire is as specified in the Quotation and is inclusive of GST and any other charges as outlined in the Quotation.

3.2 Inclusions. Fees include delivery, erection, dismantling, and collection of the Equipment to and from the Site unless otherwise stated in the hire agreement.

3.3 Deposit.

3.3.1 The Hirer agrees that the Booking will only be deemed to be accepted by the Company upon receipt of the deposit referred to above along with the balance of the Total amount for the Booking fourteen (14) days prior to the rental period.

3.3.2 A Deposit as specified in the Quotation shall be payable by the Hirer to the Company in advance of the provision of the Services to be held as security by the Company for the duration of the Agreement. On termination of the Agreement, the Deposit shall be refundable in full to the Hirer less any amounts deducted to cover damage, loss, payments due, or other costs covered by this Agreement.

3.4 Security Bond. The Hirer agrees to provide the Company with a security deposit or credit card details to be served as security to fulfill any of the Hirer’s obligations under this contract. For that purpose, the Hirer authorises the Company to charge the credit card used to place this booking for any damages caused to the Company by the Hirer breaches any part of this agreement.

3.5 Waiver Fee. The Hirer may opt to pay an additional waiver fee to the Company before the start of the period of hire in return for indemnity against all expenses, losses, damages, arising during the period of hire.

3.5.1. The Company may charge an excess fee upon a claim by the Hirer as specified in the Quotation.

3.6 Cancellation. In the event of a cancellation of the Booking by the Hirer, the Deposit will be forfeited to the Company as follows: (a) one hundred percent (100%) of the Deposit will be forfeited if the Booking is cancelled less than thirty (30) days prior to the Commencement Date of the Rental Period; (b) fifty percent (50%) of the Deposit will be forfeited if the Booking is cancelled more than thirty (30) days prior to the Commencement Date of the Rental Period.

3.7 Payment Date. The Hirer must settle all payments for Services within 14 days from the invoice date and late payments will attract 5% interest per annum above the base lending rate of the Commonwealth Bank of Australia.

3.8 Variation. The Company is entitled to vary the price to take account of:

3.8.1 any additional Services requested by the Hirer which were not included in the original Quotation;

3.8.2 any additional work required to complete the Services which was not anticipated at the time of the Quotation;

3.8.3 any reasonable increase in transport costs, materials, or equipment required by the Company to provide the Services; and any variation must be intimated to the Hirer in writing by the Company.

3.8.4 any after-hours work requested which was not included in the original Quotation.

3.9 Length of Stay. The period of hire is as detailed in the Quotation and no credit will be given or monies refunded by the Company to the Hirer if the Hirer deems not to require the Equipment for the agreed time.

3.10 Amendments. Amendments to orders may be made within 1 week of the date for delivery at the sole discretion of the Company.

4. The Site

4.1 The Site upon which the tent is placed must be flat, level, and firm. The Company has the right to refuse to erect the Equipment if the Site is deemed unsuitable.

4.2 The Hirer must inform the Company of any services, drains, pipes, cables, or other obstacles that may affect the Site. The Company has no responsibility for damage to pipes, cables, and underground services whose location was unknown to the Company. The Hirer must provide the Company with a plan showing the position required for the Equipment or have a representative on the Site at the time of delivery for this purpose. In the absence of such instruction, the Company shall position the Equipment in the manner and location deemed appropriate by the Company at that time.

4.3 If the Hirer requires erected luxury camping Equipment to be moved for any reason, other than the fault of the Company, there will be an additional charge levied.

4.4 The Hirer shall be required to sign a note acknowledging the delivery and erection of the Equipment. In the absence of a suitable representative being available for this purpose, delivery shall be deemed to be complete and satisfactory.

5. The Equipment

5.1 Responsibility.

5.1.1 The Hirer is fully responsible for the Equipment for the duration of the period of hire.

5.1.2 The Hirer will be responsible for all expenses, losses, damages, and/or claims suffered during the period of hire arising from any negligence, omission, or fault of the Hirer and/or any such claims, or reimburse the Company for any losses or damages to the equipment on a 'new for old' basis according to the current list price.

5.2 Accidental Damage. The Hirer agrees to immediately report to the Company any damage done to the tent and to not attempt to move, repair, or rectify the damage unless otherwise agreed with the Company.

5.3 Damage. The Hirer agrees not to deface or tamper with the Equipment including, but not limited to, affixing any object to the Equipment.

5.4 Use of Equipment.

5.4.1 The Hirer agrees to use the Equipment for purposes only that accord with the laws of the jurisdiction in which the site is located.

5.4.2 Risk in the Equipment passes immediately to the Hirer when the Equipment leaves the possession of the Company. Risk in the Equipment will not pass back to the Company from the Hirer until the Equipment is back in the physical possession of the Company.

5.5 Smoking. The Hire agrees not to smoke within four (4) meters of the Equipment.

5.6 Fire Safety. The Hirer agrees not to use any naked flame within four (4) meters of the Equipment.

5.7 Theft. The Hirer agrees to immediately report any theft of the Equipment to the local Police Service and to the Company.

5.8 Removal. The Client agrees not to remove the Equipment, or any part thereof, from the agreed site at any time.

5.9 Vacation. The Client must ensure that all Equipment is vacated by the agreed time on the final day of the rental period unless prior arrangement with the Company for a later departure time has been made in writing.

5.10 Inspection. The Company reserves its right to inspect the Equipment at any time for the duration of the rental period. Should there be any damage sustained to the Equipment or any other breach of these Terms by the Client, the Company reserves the right to remove the Equipment from the site without notice to the Client.

6. Delivery of Equipment

6.1 Representative. The Hirer agrees that the Hirer or an authorized representative will be present during the assembling and disassembling of the Equipment by the Company. In the event an authorized representative is not present, the Company reserves the right to charge additional fees for any changes to the positioning requested by the Hirer.

6.2 Access. The Site must have easy access to the motor transport required to deliver and collect the Equipment. In the event that access is not reasonable a surcharge shall be applied to the Fees.

6.3 Acknowledgement. The Hirer shall be required to sign a note acknowledging the delivery and erection of the Equipment. In the absence of a suitable representative being available for this purpose, delivery shall be deemed to be complete and satisfactory.

6.4 Severe Weather. The Company shall not be liable to the Hirer for any delay, poor or non-performance of the terms of this hire that result from forces of nature such as weather conditions, including high winds, flood, storm, nor any other situation that causes health or safety concerns for the employees of the Company. Should the Company determine that set up is not appropriate for any reason, the agreement will be terminated, and the deposit refunded to the Hirer.

6.5 Title. At all times the Company retains title to all the Equipment.

6.6 Sub-Letting. The Client will not sub-let, sell or profess to sell or otherwise deal with the Equipment, or any part thereof, nor part with possession of any of the Equipment for the duration of the period of hire.

6.7 Re-Possessing. In the event of any default of this Agreement on the part of the Hirer, the Company is entitled to resume possession of the Equipment with immediate effect. For this purpose, the Company is entitled to gain access to the location where the Equipment is stored and such action shall not affect the right of the Company to later recover from the Hirer any monies due for breach of this Agreement.

7. Pick-up of Equipment

7.1 Pick-up. The Hirer will pick-up equipment from the location agreed to in writing.

7.2 Return. The Hirer will return the equipment by the agreed time on the final day of the rental period unless a prior arrangement with the Company for a later departure time has been made in writing.

9. The Company

9.1 The Company shall supply the services as specified in the Booking and in the Terms and Conditions

9.2 The Company shall provide the services with reasonable skill and care, and to a reasonable standard in accordance with recognised codes of practice.

9.3 The Company shall have the authority to delegate any obligations to other employees or subcontractors but undertakes to notify the Hirer of any significant changes.

9.4 The Company shall ensure that the equipment is sound and adequate for the purpose requested by the Hirer.

9.5 The Company shall ensure that the Equipment meets all statutory obligations and industry guidelines.

9.6 The Company shall maintain appropriate insurance policies to cover the provision of services.

9.7 The Company may at any anytime and at its sole discretion choose to terminate the Period of Hire in response to what it deems a serious breach of the Terms and Conditions.

10. The Hirer

10.1 The Hirer must be at least 18 years of age.

10.2 The Hirer agrees to cooperate with the Company at all times.

10.3 The Hirer shall use the glamping tent rental Equipment only for its proper purpose and in a safe and correct manner.

10.4 The Hirer is not authorised to repair, alter or add to the Equipment without the consent of the Company.

10.5 The Hirer, or any third parties, shall not enter the Equipment while it is being erected or dismantled.

10.6 The Hirer shall not tamper with any structure or any part of the tent Equipment and, in particular, not affix or suspend any items from the Equipment.

10.7 The Hirer must provide an electrical supply if required to do so by the Company.

10.8 The Hirer must return the Equipment to the Company in good working order and in a clean condition, otherwise, a reasonable fee may be deducted from the deposit to cover cleaning services.

10.9 The Hirer must abide by any guidelines given by the Company in respect of minimising damage to the Equipment in poor weather conditions.

10.10 The Hirer is responsible for obtaining all necessary permits and permissions required prior to the erection of the luxury rental tent Equipment.

10.11 The Hirer agrees to pay solicitors fees and court costs involved on behalf of the Company in having to take any legal action to recover either the Equipment, the value of the Equipment, or repair costs through the Hirer not complying with the terms and conditions of hire.

11. Pets

The Company may permit the possession of pets for the duration of the hire, subject to the following terms:

11.1 The Hirer must notify the Company and provide full details of the pets.

11.2 The Hirer will enter into a $200 bond that will be used to repair any damage done to the Equipment by the pet. If there is no damage to the Equipment, the bond will be fully refunded.

11.3 The Hirer must adhere to any relevant campground rules and regulations relating to the possession of pets on site.

11.4 All pets must be fed and watered outside the tent in food and water containers provided by the Hirer.

12. COVID-19

12.1 The Hirer agrees to abide by the relevant state and federal government legislation regarding the response to COVID-19.

12.2 In the event that applicable government legislation renders the hire impossible, the Hirer will be entitled to reschedule their booking without cost.

13. Termination

13.1 In respect of luxury rental tent Services provided for no fixed duration either party is entitled to terminate the Agreement on giving 7 days’ notice.

13.2 The Hirer may terminate the Agreement if the Company fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 3 days after notification of noncompliance is given.

13.3 The Company may terminate the Agreement if the Hirer has failed to make any payment due within 14 days of the sum being requested.

13.4 The Company may terminate the Agreement if the Hirer, or any contractors engaged by them, cause such delay as to render the Company unable to provide the Services for an unreasonable period of time.

13.5 Either party may terminate the Agreement by notice in writing to the other if:

13.5.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.5.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or

13.5.3 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.6 In the event of termination the Hirer must make over to the Company any payment for hire of equipment and expenses incurred up to the date of termination.

13.7 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

15. Limitation of Liability

15.1 All warranties, representations, terms, conditions, and duties implied by law relating to fitness, quality /or adequacy are excluded to the fullest extent permitted by law.

15.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however, the Company shall not be liable for any direct loss or damage suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.

15.3 The Company shall not be liable under any circumstances to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

15.4 For the avoidance of doubt, time shall not be of the essence and the Company shall incur no liability to the Hirer in respect of any failure to complete the Services by any agreed completion date.

15.5 The Company shall have no liability for additional damage, loss, liability, claims, costs or expenses, caused or contributed to by the Hirer’s continued use of defective Equipment after a defect has become apparent or suspected or should reasonably have been so to the Hirer.

16. Indemnification

16.1 Subject to these Terms and Conditions the Hirer shall wholly indemnify the Company in respect of all claims from any source at any time during the Agreement where any injury or death to persons, damage to property, or loss or damage is caused by, or arises out of, the misuse of Equipment by any person other than the Company or their employees.

16.2 Subject to these Terms and Conditions the Company shall indemnify the Hirer against all sums for which the Hirer shall become liable for damages or compensation for bodily injury to or death of any person or for damage to any property real or personal provided the same be caused by the Company in carrying out the work provided nevertheless that the Company shall be entitled to conduct in the name of the Hirer and to control all claims or proceedings. In the event of such circumstances, the Company must be notified within seven (7) days of the injury, death, or damage becoming apparent to the Hirer.

17. Force Majeure

17.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

18. Assignment

18.1 The Hirer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Company.

19. Severability

19.1 If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

20. Waiver

20.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

21. Notices

21.1 The Company reserves the right to amend their website and Terms and Conditions at any time, without prior notice.

22. Authority

22.1 This contract sets forth the entire agreement and understanding between the Company and the Hirer and supersedes all prior oral or written agreements and understandings relating to Booking.

22.2 Each party hereto represents and warrants that it has the full power and authority to enter into and perform this contract, and each party knows of no law, rule, regulations, order, agreement, promise, undertaking or other fact or circumstance which would prevent its full execution and performance of this Agreement.

23. Governing Law

23.1 This contract shall be governed by and construed in accordance with the laws in the State of Western Australia.

Picnic Hire Agreement

 

1. Definitions

1.1 The Company. Canvas & Sky (ABN 88756790629).

1.2 The Hirer. The person hiring the equipment from the Company and whose name appears on the booking form.

1.3 The Period of Hire. The time commencing when the equipment arrives onsite, or is picked up by the hirer, and terminating when the equipment is removed by the company, or returned by the hirer.

1.4 Guest. Any person using the equipment during the period of hire.

1.5 Quotation. A pricing offer or other similar document describing the provision of goods and services by the Company

1.6 Booking. A contract entered into by the hirer and the company.

1.7 The Equipment. The picnic table, rugs, and other items (which may include a table runner, cushions, decor, cutlery, napery, plates, glasses, wine glasses), or other products provided by the company for the use of the hirer during the period of hire.

1.8 Hire Charges. The total amount due under the invoice that may include delivery, setup, and collection of the equipment.

1.9 Agreement. The contract between the Company and the Hirer for the hire of the equipment incorporating these Terms and Conditions.

2. General

2.1 These Terms and Conditions shall apply to the Agreement for hire of equipment by the Hirer from the Company and shall supersede any other documentation or communication between the parties.

2.2 Upon payment of the deposit, the Hirer is deemed to have accepted the terms of this agreement.

2.3 Any variation to these Terms and Conditions must be agreed in writing by the Company.

3. Payment

3.1 GST. The price for the hire is as specified in the Quotation and is inclusive of GST and any other charges as outlined in the Quotation.

3.2 Security Bond. The Hirer agrees to provide the Company with a security deposit or credit card details to be served as a security to fulfil any of the Hirer’s obligations under this contract. For that purpose, the Hirer authorises the Company to charge the credit card used to place this booking for any damages caused to the Company by the Hirer breaches any part of this agreement.

3.3 Cancellation. In the event of a cancellation of the Booking by the Hirer, the Deposit will be refunded as follows: (a) one hundred percent (100%) of the Deposit will be refunded if the Booking is cancelled seven (7) or more days prior to the Commencement Date of the Rental Period; (b) fifty percent (50%) of the Deposit will be refunded if the Booking is cancelled less than seven (7) days prior to the Commencement Date of the Rental Period.

3.4 Variation. The Company is entitled to vary the price to take account of:

3.4.1 any additional Services requested by the Hirer which were not included in the original Quotation;

3.4.2 any additional work required to complete the Services which was not anticipated at the time of the Quotation;

3.4.3 any reasonable increase in transport costs, materials or equipment required by the Company to provide the Services; and any variation must be intimated to the Hirer in writing by the Company.

3.4.4 any after hours work requested which was not included in the original Quotation.

3.5 Amendments. Amendments to orders may be made within 1 week of the date for delivery at the sole discretion of the Company.

4. The Site

4.1 The Site upon which the picnic is placed upon must be flat, level and firm. The Company has the right to refuse to setup the picnic if the Site is deemed unsuitable.

4.2 The Hirer must inform the Company of any obstacles that may affect the Site. The Hirer must provide the Company with a plan detailing the position required for the Equipment or have a representative on Site at the time of delivery for this purpose. In the absence of such instruction the Company shall position the Equipment in the manner and location deemed appropriate by the Company at that time.

4.3 If the Hirer requires the Equipment to be moved for any reason, other than the fault of the Company, there will be an additional charge levied.

5. The Equipment

5.1 Responsibility.

5.1.1 The Hirer is fully responsible for the Equipment for the duration of the period of hire.

5.1.2 The Hirer will be responsible for all expenses, losses, damages, and/or claims suffered during the period of hire arising from any negligence, omission, or fault of the Hirer and/or any such claims, or reimburse the Company for any losses or damages to the equipment on a 'new for old' basis according to the current list price.

5.2 Accidental Damage. The Hirer agrees to immediately report to the Company any damage done to the Equipment.

5.3 Damage. The Hirer agrees not to deface or tamper with the Equipment.

5.4 Use of Equipment.

5.4.1 The Hirer agrees to use the Equipment for purposes only that accord with the laws of the jurisdiction in which the site is located.

5.4.2 Risk in the Equipment passes immediately to the Hirer when the Equipment leaves the possession of the Company. Risk in the Equipment will not pass back to the Company from the Hirer until the Equipment is back in the physical possession of the Company.

5.5 Fire Safety. The Hirer agrees not to use any naked flame within four (4) meters of the Equipment.

5.6 Theft. The Hirer agrees to immediately report any theft of the Equipment to the local Police Service and to the Company.

5.7 Removal. The Client agrees not to remove the Equipment, or any part thereof, from the agreed site at any time.

5.8 Vacation. The Client must ensure that all Equipment is vacated by the agreed time unless prior arrangement with the Company has been made in writing.

5.9 Inspection. The Company reserves its right to inspect the Equipment at any time for the duration of the rental period. Should there be any damage sustained to the Equipment or any other breach of these Terms by the Client, the Company reserves the right to remove the Equipment from the site without notice to the Client.

6. Delivery of Equipment

6.1 Representative. The Hirer agrees that the Hirer or an authorized representative will be present during the setup and pack-down of the Equipment by the Company. In the event an authorized representative is not present, the Company reserves the right to charge additional fees for any changes to positioning requested by the Hirer.

6.2 Access. The Site must have easy access for the motor transport required to deliver and collect the Equipment. In the event that access is not reasonable a surcharge shall be applied to the Fees.

6.3 Severe Weather. The Company shall not be liable to the Hirer for any delay, poor or non-performance of the terms of this hire that result from forces of nature such as weather conditions, including high winds, flood, storm, nor any other situation that causes health or safety concerns for the employees of the Company. Should the Company determine that set up is not appropriate for any reason, the agreement will be terminated, and the deposit refunded to the Hirer.

6.4 Title. At all times the Company retains title to all the Equipment.

6.5 Sub-Letting. The Client will not sub-let, sell or profess to sell or otherwise deal with the Equipment, or any part thereof, nor part with possession of any of the Equipment for the duration of the period of hire.

6.6 Re-Possessing. In the event of any default of this Agreement on the part of the Hirer the Company is entitled to resume possession of the Equipment with immediate effect. For this purpose the Company is entitled to gain access to the location where the Equipment is stored and such action shall not affect the right of the Company to later recover from the Hirer any monies due for breach of this Agreement.

7. Pick-up of Equipment

7.1 Pick-up. If the Hirer has paid for the pick-up option, the Hirer will pick-up equipment from the location agreed to in writing.

7.2 Return. If the Hirer has paid for the pick-up option, the Hirer will return the equipment by the agreed time on the final day of the rental period, unless prior arrangement with the Company for a later departure time has been made in writing.

8. The Company

8.1 The Company shall supply the services as specified in the Booking and in the Terms and Conditions

8.2 The Company shall provide the services with reasonable skill and care, and to a reasonable standard in accordance with recognised codes of practice.

8.3 The Company shall have the authority to delegate any obligations to other employees or subcontractors but undertakes to notify the Hirer of any significant changes.

8.4 The Company shall ensure that the equipment is sound and adequate for the purpose requested by the Hirer.

8.5 The Company shall ensure that the Equipment meets all statutory obligations and industry guidelines.

8.6 The Company shall maintain appropriate insurance policies to cover the provision of services.

8.7 The Company may at any anytime and at its sole discretion choose to terminate the Period of Hire in response to what it deems a serious breach of the Terms and Conditions.

9. The Hirer

9.1 The Hirer must be at least 18 years of age.

9.2 The Hirer agrees to cooperate with the Company at all times.

9.3 The Hirer shall use the picnic Equipment only for its proper purpose and in a safe and correct manner.

9.4 The Hirer is not authorised to repair, alter or add to the Equipment without the consent of the Company.

9.7 The Hirer must provide an electrical supply if required to do so by the Company.

9.8 The Hirer must abide by any guidelines given by the Company in respect of minimising damage to the Equipment in poor weather conditions.

9.9 The Hirer is responsible for obtaining all necessary permits and permissions required prior to the setup of the picnic Equipment.

9.10 The Hirer agrees to pay solicitors fees and court costs involved on behalf of the Company in having to take any legal action to recover either the Equipment, the value of the Equipment or repair costs through the Hirer not complying with the terms and conditions of hire.

10. COVID-19

10.1 The Hirer agrees to abide by the relevant state and federal government legislation regarding the response to COVID-19.

10.2 In the event that applicable government legislation renders the hire impossible, the Hirer will be entitled to reschedule their booking without cost.

11. Termination

11.1 The Hirer may terminate the Agreement if the Company fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 3 days after notification of noncompliance is given.

11.2 Either party may terminate the Agreement by notice in writing to the other if:

11.2.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

11.2.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or

11.2.3 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

11.3 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

12. Limitation of Liability

12.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality /or adequacy are excluded to the fullest extent permitted by law.

12.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however the Company shall not be liable for any direct loss or damage suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.

12.3 The Company shall not be liable under any circumstances to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

12.4 For the avoidance of doubt, time shall not be of the essence and the Company shall incur no liability to the Hirer in respect of any failure to complete the Services by any agreed completion date.

12.5 The Company shall have no liability for additional damage, loss, liability, claims, costs or expenses, caused or contributed to by the Hirer’s continued use of defective Equipment after a defect has become apparent or suspected or should reasonably have been so to the Hirer.

13. Indemnification

13.1 Subject to these Terms and Conditions the Hirer shall wholly indemnify the Company in respect of all claims from any source at any time during the Agreement where any injury or death to persons, damage to property, or loss or damage is caused by, or arises out of, the misuse of Equipment by any person other than the Company or their employees.

13.2 Subject to these Terms and Conditions the Company shall indemnify the Hirer against all sums for which the Hirer shall become liable for damages or compensation for bodily injury to or death of any person or for damage to any property real or personal provided the same be caused by the Company in carrying out the work provided nevertheless that the Company shall be entitled to conduct in the name of the Hirer and to control all claims or proceedings. In the event of such circumstances the Company must be notified within seven (7) days of the injury, death or damage becoming apparent to the Hirer.

13. Force Majeure

13.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

14. Assignment

14.1 The Hirer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Company.

15. Severability

15.1 If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

16. Waiver

16.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

17. Notices

17.1 The Company reserves the right to amend their website and Terms and Conditions at any time, without prior notice.

18. Authority

18.1 This contract sets forth the entire agreement and understanding between the Company and the Hirer and supersedes all prior oral or written agreements and understandings relating to Booking.

18.2 Each party hereto represents and warrants that it has the full power and authority to enter into and perform this contract, and each party knows of no law, rule, regulations, order, agreement, promise, undertaking or other fact or circumstance which would prevent its full execution and performance of this Agreement.

19. Governing Law

19.1 This contract shall be governed by and construed in accordance with the laws in the State of Western Australia.