Poppy's Play Terms and Conditions of Hire
In this agreement:
(a) Bond means any bond payable in respect of a booking as set out in a Quote.
(b) Booking Form means the booking form as set out in Schedule 1 accepted and/or signed by or on behalf of the Hirer, including electronically.
(c) Damage means any damage to the Play Equipment including but not limited to:
(i) dark marks, scuffs, or stains which will remain quite visible once the routine post hire hygiene clean is performed
(ii) Cuts, rips, tears, and punctures which will require repair or replacement of items
(iii) Water damage (internal or external)
(iv) Missing or broken pieces of equipment as a result of not following the terms of play
(d) Deposit means the amount set out in the Quote.
(e) GST has the same meaning as in the A New Tax System (Play Equipment and Services Tax) Act 1999 (Cth).
(f) Hirer means the person, organisation, company or other body which is hiring the Play Equipment.
(g) Hire Fee means the hire fee payable for a booking calculated in accordance with the Quote.
(h) Hire Period means the period commencing on the date set out in the Booking Form until the date the Play Equipment is returned in accordance with these Term and Conditions.
(i) Owner means Poppys Play Trading Pty Ltd ACN 657 419 602 trading as Poppy's Play.
(k) Play Equipment means the play equipment for hire, and includes all accessories and other equipment as set out in the Quote.
(l) Price List means the owner's price list from time to time, currently as set out in Schedule 2.
(m) Quote means the quotation issued by the Owner upon receipt of a Booking Form.
(n) Wear and Tear means list dust, dirt, fingerprints, or light marks that are expected from gentle play with the equipment in its environment
(a) Except as expressly provided in these Terms and Conditions, these Terms and Conditions constitute the entire agreement between the Owner and the Hirer. These Terms and Conditions supersede and cancel all prior agreements, understandings or arrangements whether written or oral.
(b) The Owner may change these Terms and Conditions at any time in writing but not so as to affect bookings accepted by the Owner prior to the change.
(c) By submitting a Booking Form, the Hirer accepts these Terms and Conditions.
3 Hire of Play Equipment
(a) A booking for hire of Play Equipment is not confirmed until the Hirer returns a Booking Form and the Deposit to be used as the Bond.
(b) The return of a Booking Form constitutes an offer by the Hirer to hire the Play Equipment in accordance with these Terms and Conditions. Acceptance of any booking is a the sole discretion of the Owner and subject to availability of the Play Equipment.
(c) Subject to compliance with clause 2(a), on acceptance of a booking, the Owner agrees to hire the Play Equipment to the Hirer for the Hire Period and the Hirer agrees to take the Play Equipment on hire for that period and to pay the Hire Fee set out in the Quote for the Play Equipment for that Hire Period, together with any applicable GST, in accordance with these Terms and Conditions.
(d) Subject to these Terms and Conditions, the Hirer is entitled to use the Play Equipment for the Hire Period and for any agreed extension of the Hire Period.
4 Hire Fees
(a) The Hirer acknowledges there is a minimum spend of $400.00.
(b) The Hirer agrees to pay to the Owner the Hire Fee set out in the Quote for the Play Equipment for the Hire Period, together with any applicable GST as follows:
(i) the Deposit payable on Booking. The Booking is not confirm until the Deposit is received by the Owner.
(ii) the total Hire Fee and Bond is payable within 7 days prior to the commencement of the Hire Period as set out in the Booking Form
(c) The Hirer acknowledges and agrees that the Deposit is non-refundable and will be applies as the Bond on commencement of the Hire Period.
(d) If the total Hire Fee is not received within 7 days prior to the commencement of the Hire Period the Owner may cancel the booking and any Deposit will be forfeited.
5 Changes and Cancellations
(a) Any requests for changes to the booking is subject to acceptance by the Owner at its sole discretion. Any date change is subject to availability and receipt of a new Booking Form.
(b) Any cancellations will result in the Hirer forgetting the Deposit, however, the owner at its sole discretion may credit to the value of the deposit:
(i) Subject to clause 5(b)(ii), to any future booking made within 3 months of the date of cancellation
(ii) if the booking was in relation to an outdoor event which is cancelled due wet weather, to any future booking made within 12 months of the date of cancellation.
(c) Any cancellation made within 7 days of the commencement of the Hire Period as set out in the Booking Form will result in the Hirer forfeiting all payments made to the Owner, with the exception of the Bond (to the extend paid), but only if Hire Fee has been paid in full, in which case, such amount will be returned to the Hirer within 5 business days after the date of cancellation.
(d) The Owner can cancel any booking at any time. Subject to clause 4(d), if the Owner decides to cancel a booking, all payments made will be refunded to the Hirer.
6 Damage and return of Bond
The hirer warrants that in selecting the Play Equipment the Hirer has not relied on the Owner's skill and judgement or on any representations made by or on behalf of the Owner and agrees to accept the Play Equipment in their present condition and that the Play Equipment comply with their description, are in merchantable condition and are fit for the Hirer's purpose.
7 Hirer's Warranties
The Hirer must:
(a) examine the Play Equipment upon delivery and immediately inform the Owner of any alleged defect in the Play Equipment;
(b) sign a condition report and acceptance form after an inspection is conducted with the Owner on delivery of the Play Equipment to the Hirer;
(c) keep the Play Equipment in first class condition and only use them as they would be used by a careful and prudent owner;
(d) not use the Play Equipment for any illegal purpose;
(f) return the Play Equipment free from Damage and in the same condition as they were received, subject to Wear and Tear;
(g) report any Damage to, or loss of, the Play Equipment to the Owner immediately such as Damage or loss occurs;
(h) be liable for any breach of this agreement or Damage to the Play Equipment committed by the Hirer, its servants or agents and users of the Play Equipment; and
(i) indemnify the Owner for any loss (including legal costs) incurrent by the Owner in relation to any breach of these Terms and Conditions and for any liability arising out of any such breach, including in respect of any Damage caused to the Play Equipment.
8 Damage and return of Bond
(a) The Hirer will be responsible for all Damage and must pay the costs of repairing or replacing any Damaged Play Equipment, including deep cleaning that may be required.
(b) Following the expiry of the Hire Period, the Owner will undertake an inspection of the Play Equipment ("Post Hire Inspection") and report of any Damage.
(c) In the event of any Damage, the Owner may immediately apply the Bond to any repair costs, including any deep cleaning costs.
(d) Subject to clause 7(c), the Owner will return the Bond or any part of the Bond within 5 business days following completion of the Post Hire Inspection
9 Insurance [If required]
The Hirer must insure the Play Equipment at its own cost with a reputable insurance company against all risks to at least the full replacement value of the goods and public liability insurance for an amount not less than $20,000,000.00.
The Owner may retake possession of the Play Equipment if the Hirer breaches any provision of this agreement.
11 Exclusion of Liability
(a) The Owner makes no representations or warranties of any kind, express or implied, in relation to the Play Equipment and all implied guarantees, warranties and conditions are excluded to the maximum extent permitted by law.
(b) The Hirer uses the Play Equipment at its own risk, including in relation to weather, and to the maximum extent permitted by law, the Owner accepts no liability in respect of Play Equipment and is not liable for:
(i) Hirer not being able to use the Play Equipment due to bad or wet weather;
(ii) any loss or damage to the Play Equipment resulting from any action, omission or negligence on the part of the Owner, or the employees, contractors or agents of the Owner in relation to any loss and/or damage, arising out of or in connection with the Play Equipment, any Play Equipment supplied, any delay in the supply of any Play Equipment and any failure to supply any Play Equipment;
(iii) any punitive, incidental, economic, special, consequential, direct or indirect loss and damage incurred by the Hirer.
(c) To the maximum extent permitted by law, any liability of the Owner is limited to the total value of the Hire Fee and reduced to the extent (if any) that the Purchaser causes or contributes to the loss or damage.
12 Title to Play Equipment
(a) The Hirer acknowledges that the Owner retains title to the Play Equipment and that the Hirer has rights to possess the Play Equipment as a mere bailee only.
(b) The Hirer does not have any right to pledge the Owner's credit in connection with the Play Equipment and agrees not to do so. The Hirer also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Play Equipment and not to conceal or alter the Play Equipment or make any addition or alteration to, or repair of, the Play Equipment.
13 No waiver
No delay by the Owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
14 Governing law
These Terms and Conditions will be governed by the law of New South Wales.
Should any part of these Terms and Conditions be held to be void or unlawful, these Terms and Conditions are to be read and enforced as if the void or unlawful provisions had been deleted.
16 Intellectual Property
The Hirer acknowledges that it does not hold and will not receive any intellectual property rights in the Play Equipment. The Hirer may only use the intellectual property held by the Owner with the Owner's prior written consent or in accordance with any instructions Imperial provides to the Supplier.
SCHEDULE 1 BOOKING FORM
Booking Form - Poppy's Play
Event Name & Location:
Event Date & time:
Is your event indoors or outdoors:
Are there any stairs or lifts required to set up:
Please specific if there is:
Double Entry Doors, Onsite Parking, Appropriate Cover (if outdoors)
SCHEDULE 2 OWNERS GUIDELINES