Glassware Hire Terms & Conditions – KOKO Event Supplies                                                      

Glassware Hire Terms & Conditions

Terms & Conditions Glass Hire / Rental Items

KOKO Event Supplies – ABN 93 305 776 376

1. Definitions

(a) The “Owner” is KOKO Event Supplies

(b) The “Hirer” is the person or corporation hiring equipment from the Owner

(c) The “Equipment” means all the equipment supplied to the Hirer

(d) “Terms” means these Terms & Conditions of Hire

 2. Hire of Equipment

(a) The hiring of the Equipment will commence from the commencement/event date specified on the Invoice (selected by Hirer) and continue for 3 days unless specified in writing by the Owner.

(b) The Hirer is entitled to use the Equipment for the hire period as outlined on the Invoice and for any agreed extension of the period.

(c) The Hirer agrees to return the Equipment to the address of the Owner on or before the end of the Hire Period as outlined.

(d) The Owner will not refund any hire fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of the reason.

(e) By agreeing to these Terms & Conditions the Hirer understands the hired goods are the property of the Owner.

3. Payment For Hire / Rental Equipment

(a) The Hirer agrees to pay the Owner the hire & delivery fee specified on the Invoice, for the Equipment for the Hire Period, which includes any applicable GST.

(b) The Hire Fee must be paid to the Owner prior to the commencement date of the Hire Period.

(c) Equipment not returned to the Owner in accordance to these Terms & Conditions will be subject to a continuance of rental charges until the return process is completed.

(d) The Hirer must submit a valid driver's license that matches the details provided on the invoice. The Owner will reach out to the Hirer to get these details after the payment has been made.

 4. Cancellation

The Hirer may cancel an order but will forfeit any hire fees paid as follows:

(a) If delivery has already been made, or the hirer has collected the goods, any cancelled Bookings or item quantities reduced will forfeit 100% of the total hire fee;

(b) Orders cancelled or item quantities reduced at least 8 days of the event date will receive the total hire fee;

(c) Bookings cancelled or item quantities reduced within 7 days of the event date will forfeit 100% of the total hire fee.

5. Delivery & Collection 

(a) Hired glassware (only) must be returned in a reasonably clean state. Glassware must have contents tipped out, rinsed, dried and stored in storage boxes provided. The return of noticeably dirty glassware or storage boxes will result in loss of hire bond/deposit.

(b) Upon collection, the Hirer must allow any KOKO Event Supplies representative access to the goods at all reasonable times.

(c) The Hirer must provide safe and proper access to and at the event site.

(d) The Hirer is liable for all injury, loss or damage suffered by KOKO Event Supplies, its employees or agents while at the event site.

6) Hirer’s Warranties

The Hirer warrants that:

(a) the Equipment will be used in accordance with the conditions outlined in this Terms & Conditions;

(b) the particulars in this Terms & Conditions are correct in every respect and are not misleading in any way including, without limitation, by omission;

(c) the Hirer holds a valid current driver’s licence;

(d) the Hirer’s vehicle is suitable for transporting the Equipment (if the customer chooses to transport goods.;

(e) the Hirer will not, without the prior written consent of the Owner, modify, or permit any modification of, the Equipment in any way;

(f) the Hirer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; and

(g) the Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

7) Indemnity

The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment.

8) Loss, damage or breakdown of Equipment

(a) The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.

(b) The Hirer is responsible for the goods from the time of delivery until the time of collection by the Owner.

(c) The Owner will charge the Hirer for any costs in relation to Loss or Damage of the equipment according to the agreed replacement costs below (9).

(d) If the Security Bond/Deposit does not cover the costs for damages or lost goods during a hire period, the Owner securly stores encrypted payment details in the event that items are not returned. Any missing glasses and/or boxes will be automaticly charged at the rates shown in (9) 

9) Glassware Hire Breakages, Damage & Loss Charges

Corflute storage boxes - $39.95 incl GST for each box lost 

Wine (glass) - $4.00 inc GST / per glass

Champagne (Glass) - $4.00 inc GST / per glass

Wine (Plastic) - $4.00 inc GST / per glass

Champagne (Plastic) - $4.00 inc GST / per glass

Cocktail (Plastic) - $4.00 inc GST / per glass

Margarita (Plastic) - $4.00 inc GST / per glass

285ml (Plastic) - $2.50 inc GST / per glass

425ml (Plastic) Tumblers - $2.50 inc GST / per glass

10) Liability

The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair or storage of the Equipment.

11) Disclaimer

To the extent permitted by law, the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Equipment.

12) Title

(a) The Hirer acknowledges that the Owner retains title to the Equipment and that the Hirer has rights to use the Equipment as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Equipment and agrees not to do so.

(b) The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.

13) Repossession

(a) The Owner may retake possession of the Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.

(b) If repossession occurs, the Owner will only charge the Hire Fee up to and including the time of repossession.

14) Completion of the Hire Period

The Hire Period is completed when the Equipment has been returned to the Owner:

  1. in a visibly clean condition; and
  2. on or by the date and time outlined on the invoice or in writing

15) Default

(a) The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under these Terms & Conditions:

  1. The Hirer fails to pay any amount provided for in these Terms & Conditions when such amount is due or otherwise breaches the Hirer's obligations under these Terms & Conditions.
  2. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia or another competent jurisdiction.
  3. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

16) Remedies

(a) On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies ("Remedies"):

    1. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
    2. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
    3. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
    4. Terminate this Agreement immediately upon written notice to the Hirer.
    5. Pursue any other remedy available in law or equity.

17) Governing law

This Agreement will be construed in accordance with and governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of Victoria there in connection with matters concerning this Agreement.

18) Interpretation

(a) In these Terms & Conditions, unless the context otherwise requires:

    1. A reference to the singular includes the plural and vice versa;
    2. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
    3. A reference to an individual will include corporations and vice versa; and
    4. If a word or expression is defined, its other grammatical forms have a corresponding meaning.
    5. Headings are for convenience only and do not affect interpretation.
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