Inflatable Nights

Basis of Contract

Unless otherwise agreed in writing by Inflatable Nights and the Hirer, these Terms shall be the only Terms on which Inflatable Nights will provide the Goods to the Hirer.

These Terms are deemed to be accepted by the Hirer on payment of making a booking, whether the payment be partial or full, on receipt by Inflatable Nights.

The Terms apply exclusively to every contract for the hire of Goods and supply of services by the Hirer from Inflatable Nights and cannot be varied or supplanted by any other Terms without prior written consent of Inflatable Nights.

A written quote provided by Inflatable Nights to the Hirer regarding proposed hire of Goods is valid for 14 days and is an invitation only to the customer to place an order based upon that quote.

If Inflatable Nights accepts an order placed by the customer, Inflatable Nights agrees to hire the Goods to the Hirer for the hire period for use at the Site on these Terms.

Goods hired shall at all times remain the property of the Owner.

Hire charges and variations

Unless otherwise specified, any quotation assumes:

delivery, installation, removal and return of Goods will be during times agreed between the parties;

delivery being made to street level;

grounds or floors being level and clear;

Payment for hire of Goods must be made as follows:

50% of the total quoted fee on ordering the Goods and the balance 7 days prior to the hire date;

if order placed less than 7 days from the hire date, then payment in full is required to confirm booking.

Payments must be made by cash, EFT and or credit card

Inflatable Nights requires a security bond for all hires. The Hirer agrees to provide Inflatable Nights with the Hirer’s current credit card number, expiry date and any other information, which may be necessary to debit the Hirer’s credit card. Subsequent charges for loss, damage, repairs, extra time or other expenses will be debited from the Hirer’s credit card and an invoice with receipt issued.

The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal and debt recovery costs).

Variation and cancellation

If through circumstances beyond the control of Inflatable Nights, Inflatable Nights is unable to provide Goods, then Inflatable Nights may:

make changes to the Goods provided that the end performance is not materially prejudiced; or

cancel any order (even if it has already been accepted)

The Hirer may cancel an order at any given time but will forfeit all booking deposits, whether they be partial or full.

Delivery and Collection

Goods will be delivered in a clean state.

The Hirer must allow all Inflatable Nights employees’ access to the Goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. The Hirer is responsible for providing safe and proper access to and at the site. The Hirer is liable for all injury, loss or damage suffered by Inflatable Nights employees while at the site.

The Hirer must make the Goods available for collection by Inflatable Nights at the end of the hire period in a clean and dry state, otherwise additional charges will apply.

Responsibility of Hirer

The Hirer bears all risk in the Goods for the hire period, including the Hirers ability or competence to use the equipment hired.

During the hire period, the Hirer is responsible for:

safekeeping of the Goods during the hire period;

using of the Goods in strict conformity with the Goods’ instructions and specifications;

ensuring that the Goods are not moved from site, unless in an emergency and Inflatable Nights is advised immediately afterwards;

complying with all relevant law, by-laws and regulations applicable to the installation, use and operation of the Goods;

protecting the Goods against soilage, damage, fire, tempest, flood, theft, distress or seizure;

ensuring that the Goods are not operated for any purpose beyond their rated capacity or in a manner likely to result in undue wear; and

in the event equipment breaks down or becomes unsafe, ensuring appropriate steps are taken to prevent injuries to persons and to prevent the equipment sustaining further damage.

The Hirer will maintain at their own expense all appropriate policies of insurance;

for loss of or theft of the equipment hired in an amount not less than the replacement cost;

for loss of business or perishable Goods as a result of damage to or breakdown of equipment hired; and

for liability, property and casualty insurance coverage in amounts necessary to protect Inflatable Nights, its employees and its equipment against all claims or loss whatsoever

Breakdown or Defect

The Hirer must inspect all Goods on receipt and notify Inflatable Nights of any shortages or damages before the end of the hire period. Any shortages or damages not notified within this time will be charged for in full.

Breakdowns or defects of the Goods resulting from:

proper and ordinary use; or

the development of an inherent fault or a fault not ascertainable prior to the start of the hire period;

may, at Inflatable Nights option, either be repaired or the Goods replaced at Inflatable Nights expense.

If repair is impracticable and if replacement Goods are not available, the proportional charge for broken or defective Goods will be credited to the Hirer and Inflatable Nights will not have any other liability whatsoever to the Hirer.

No relief from hire charges nor any claims will be allowed by Inflatable Nights:

for stoppages or damages due to causes out of Inflatable Nights control including, without limitation, breakdowns, bad weather or site conditions; or

the Hirer not informing Inflatable Nights of the defect or breakdown immediately it occurs.

The Hirer must not try to effect any repairs on the Goods without the prior approval of Inflatable Nights.

Default and termination

If the Hirer breaches any term of these Terms and conditions then Inflatable Nights may, without prejudice to any other remedy available to it:

require immediate payment of all money which would become payable by the Hirer to Inflatable Nights at a later date on any account, without further notice;

charge the customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until date of payment in full;

charge the Hirer for, and the Hirer must indemnify Inflatable Nights from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or the taking action to enforce compliance with the Terms and conditions or to recover Goods;

charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed Goods;

charge the Hirer for subsequent lost hire charges as a result of the Goods being lost, damaged or destroyed until the Goods are repaired or replace;

claim damages from the Hirer for breach of the hire contract; and/or

On termination, the Hirer must immediately make the Goods available for collection. If the Hirer does not, Inflatable Nights is entitled to enter any land and/or premises of the Hirer where the Goods are suspected to be to repossess the Goods. Inflatable Nights will not be liable for any damage caused and the Hirer must indemnify Inflatable Nights for any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.

Limitation and Exclusion

Except specifically set out in the Terms and conditions, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods, whether implied by statute, common law, trade usage, customer or otherwise, is hereby expressly excluded.

Replacement or repair of the Goods is the absolute limit of Inflatable Nights liability howsoever arising under the Terms and conditions or from the use of or any other dealings with the Goods by the Hirer or any third party.

Force Majeure – If Inflatable Nights is unable at any time to perform any of its obligations whether wholly or partial by reason of any cause beyond its control (including without limitation, acts of God, inclement weather or act of war) Inflatable Nights may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Hirer under this contract shall, to the extent that they are effected by the force majeure, be suspended during the term of the force majeure. Inflatable Nights shall not be liable for any indirect or consequential losses or expenses suffered by the Hirer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.

Inflatable Nights will not be liable for any loss or damage suffered by the Hirer where Inflatable Nights has failed to meet any delivery date or varies, cancels, suspends the supply of the Goods.

Nothing in the Terms and conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods or supply of services which cannot be excluded, restricted or modified.

Miscellaneous

The law of Victoria from time to time governs the Terms and conditions and the parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and the courts entitled to hear appeals from those courts

Failure by Inflatable Nights to enforce any of these Terms and conditions shall not be construed as a waiver of any of Inflatable Nights rights.

If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms and conditions without affecting the enforceability of the remaining Terms.

Release & Indemnity

The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the equipment by the Hirer.

Hirer Bound

• The Hirer shall be bound by these Terms and conditions whether signed by the Hirer or his/her agents, employees, servants, representatives or contractors.

Definitions

• “Goods” means all Goods, equipment, consumables, accessories and packing containers of whatever nature supplied by Inflatable Nights to the Hirer and “hire the Goods” includes any services provided by Inflatable Nights in delivery, unpacking, installing and collection of Goods;

• “GST” means GST within the meaning of the A New Tax System (Goods and Services TAX) Act 1999 or any amending legislation;

• “Inflatable Nights” means Inflatable Nights ABN 90554315813 trading as Inflatable Nights.

• “Hirer” means the person, firm, company or school, jointly or severally if more than one, hiring Goods from Inflatable Nights;

• “Owner” means Inflatable Nights, its employees and agents;

• “Site” means the geographical location at which the hired Goods are used;

• “Terms” means these Terms and Conditions of Hire.