This Hire Agreement governs your rental of Inventory from {Name} trading as Vintalicious A.B.N. 00 000 000 000 (Vintalicious), in exchange for the Hire Fee.
DEFINITIONS
Commencement Date means the date on which the Hire Period commences, as specified in the Quotation.
Quotation means a written quotation provided by Vintalicious and that is signed by, or on behalf of, the Hirer.
Collection Date means the date that Vintalicious collects the Inventory from the Hirer, as agreed between the Parties.
Delivery Address means the address specified in the Quotation, as being the address at which Vintalicious is to deliver the Inventory to the Hirer, on the Commencement Date.
Delivery Time means the time and date that the Parties have agreed that Vintalicious is to deliver the Inventory to the Hirer at the Delivery Address.
Deposit means the deposit payable to Vintalicious by the Hirer under this Agreement and as stated in a Quotation.
Expiry Date means the date on which the Hire Period ends, as specified in the Quotation, or on such other date agreed upon between the Parties.
In the event that any item comprised in the Inventory are stolen or damaged, then the expiry date will be the date on which the insurance company accepts a claim for the goods, having been stolen or damaged.
Goods and Services Tax (GST) has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Inventory means the items specified in any Quotation issued to you by Vintalicious.
Hire Fee means the amount payable by you to Vintalicious, as set out in a Quotation.
Hire Period means a rental period of 24 hours, commencing on the Commencement Date and ending on the Expiry Date, unless otherwise agreed between the parties.
Party means Vintalicious and/or the Hirer.
Quotation means any quotation provided to you by Vintalicious for your hire of the Inventory.
Security Bond means a security bond payable to Vintalicious by the Hirer under this Agreement, as set out in a Quotation.
- Hire of Inventory
1.1 Vintalicious agrees to grant a temporary bailment of the Inventory to you, in exchange for your
payment, as required under this Agreement.
1.2 Unless otherwise agreed between Vintalicious and you, the period of the bailment is for the
Hire Period, but remains determinable in the sole discretion of Vintalicious.
1.3 Unless otherwise agreed in writing, all Inventory will be made available to the Hirer for the
Hire Period.
1.4 Inventory will not be confirmed or held until the Deposit has been received by Vintalicious in
cleared funds and the Hirer has been issued with a deposit receipt, along with confirmation of
the Hirer’s order.
1.5 The Hirer shall be responsible for making easy, necessary access to the Delivery Address,
taking precautions for providing safe and proper access to and from the Delivery Address. The
Hirer agrees that they are liable for all injury, loss and/or damage suffered by Vintalicious, our
employees or agents, while at the Delivery Address.
1.6 If, for any reason Vintalicious are unable to gain access to the Delivery Address for delivery of
the Inventory, Vintalicious may charge an amount reasonably determined in its sole discretion to
the Hirer for additional delivery services, for each attempt to deliver the Inventory.
1.7 Vintalicious will not be liable for any injury, loss and/or damage suffered by the Hirer, or any
other person, as a consequence of use of the Inventory. - Payment
2.1 Unless otherwise agreed between the Parties, the Hirer must pay the Deposit to Vintalicious by
no later than 30 days prior to the Commencement Date.
2.2 The Hirer must pay the Hire Fee, less the Deposit (the Balance), to Vintalicious by no later than
14 days prior to the Commencement Date.
2.3 The Hirer must, at the time of paying the Balance, pay a Security Bond to Vintalicious, as
follows:
(a) $50 for all orders totaling $300 or less; or
(b) $100 for all orders totaling $301 or more.
2.4 Your failure to pay the Balance and/or the Security Bond, as required under clause 2.3
above, may result in the cancellation of your order by Vintalicious.
2.5 You agree that your payment of the Deposit will constitute your acceptance of the terms
and conditions contained in this Agreement.
2.8 All amounts paid to Vintalicious under this Agreement are exclusive of GST. - Hirer’s warranties and acknowledgements
3.1 The Hirer is responsible for using the Inventory in accordance with any directions given by
Vintalicious and in conjunction with instructions or specifications that apply to any item comprised
in the Inventory, where applicable.
3.2 The Hirer shall not sell, charge, pledge or part with the possession of the Inventory.
3.3 The Hirer shall ensure that the Inventory is used in accordance with any operating
instructions given by Vintalicious and that the use of the Inventory complies with all applicable
laws.
3.4 The Inventory shall at all times, whilst in the care, custody or control of the Hirer, be at the
risk of the Hirer.
3.5 If any item in the Inventory requires repair or replacement as a result of the Hirer’s use of
the Inventory, the Hirer shall bear the total cost of any such repair or replacement. Any repairs
carried out by Vintalicious will be charged at the normal hourly repair rate of Vintalicious.
3.6 The assessment of any damage to the Inventory and costing of charges to repair or replace
the Inventory, shall be at the sole assessment of Vintalicious.
3.7 If the Hirer is a corporation:
(a) it is duly incorporated under the Corporations Act 2001 (Cth) and has the power to carry on
its business and full power and authority to enter into, observe and do all things required by,
the Agreement; and
(b) the person signing on behalf of the corporation is duly authorised to enter into the
Agreement on behalf of the corporation and if in breach of this warranty, agrees that he or she
shall be personally liable for performance of the corporation’s obligations.
3.8 The Hirer represents and warrants that no litigation or administrative or other proceedings
before or of any court or governmental authority or agency or other tribunal have, to the
knowledge of the Hirer, been initiated or threatened against the Hirer or any of the Hirer’s
assets, which would, might or have a materially adverse effect upon the business, assets or
financial condition of the Hirer. - Ownership of the Inventory
4.1 The Hirer acknowledges that during, and outside of, the Hire Period, Vintalicious retains full title
to the Inventory, subject only to the rights of the Hirer as a mere bailee of the Inventory, with a
right only to possess and use the Inventory, in accordance with and under this Agreement. - Limitation of liability
5.1 To the extent permitted by law, our liability for breach of any implied warranty or condition,
which cannot be excluded by this Agreement, is limited, at our option, to one or more of the
following:
(a) In the case of services supplied or offered by us:
i. the resupply of the services; or
ii. the payment of the cost of having the services resupplied.
(b) In the case of goods supplied or offered by us:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods;
iii. the payment of the costs of replacing the goods or acquiring equivalent goods; or iv. the
payment of the costs of having the goods repaired.
5.2 Other than expressly provided for in this Agreement, the Hirer acknowledges that they have
not relied on any statement or representation by Vintalicious in respect of the Inventory or use of
the Inventory by the Hirer, irrespective of whether or not the Hirer’s purpose for the use of the
Inventory is known to Vintalicious.
5.3 Vintalicious will not be liable, whether before or after the Expiry Date, for any loss or damage
that the Hirer suffers arising from, or caused or contributed by, Vintalicious’s negligence, nor will
the Vintalicious be liable for special, indirect or consequential loss or damage as a result of a
breach by Vintalicious of the Agreement, including but not limited to loss of profits or revenue, the
costs arising from the loss of the use of the Inventory and the costs of any substitute Inventory,
which the Hirer acquires.
5.4 Although great care has been taken by Vintalicious to accurately reflect Inventory in
photographs displayed on our website and/or other advertising material, you agree and
acknowledge that these photographs are for illustrative purposes only and may vary from
Inventory depicted or described.
5.5 The Hirer acknowledges that it enters into this Agreement, having carried out its own due
diligence as to the condition, suitability and fitness of the Inventory for the Hirer’s purpose, and
that it has not relied on any skill and judgment, or on any representation made by, or on behalf
of, Vintalicious. - Hirer’s Covenants
6.1 The Hirer must, at all times, keep and maintain the Inventory, ensuring that it is in good and
proper condition. In particular, the Hirer must:
(a) keep the Inventory in a secure location at all times;
(b) prevent the Inventory from being stolen, unauthorised use, misuse, vandalism, exposed to
inappropriate environment; and
(c) make the Inventory available to Vintalicious, in the same condition (fair wear and tear excepted)
as when it was delivered to the Hirer by Vintalicious on the Delivery Time.
6.2 The Hirer agrees that they will be liable for any loss of, or damage to, the Inventory,
including damage caused by fire, water, storm, collision, accident, theft or burglary. The Hirer
must give reasonable notice to Vintalicious, in writing, of any such loss or damage.
6.3 The Hirer must not use the Inventory for any illegal purpose.
6.4 The assessment of any damage to the Inventory and costing of charges to repair or replace
the Inventory, shall be at the sole assessment of Vintalicious.
6.5 The Hirer must promptly give written notice to Vintalicious of any damage to the Inventory, any
hazards threatening or affecting the Inventory and/or any hazards arising from the Inventory for
which the Vintalicious might be liable.
6.6 The Hirer must not, without the prior written consent of Vintalicious, organise for any
maintenance or repairs to be carried out to the Inventory, but where such consent has been
obtained and maintenance and/or repair works are carried out, the Hirer must provide Vintalicious
with receipts for such works.
6.7 Vintalicious may charge the Hirer any amounts incurred by Vintalicious to rectify damage arising
out of the Hirer’s breach of any provision of this clause 6. The Hirer agrees to pay Vintalicious for
any amount charged under this clause 6.7. - Theft and malicious damage to the Inventory
7.1 In the event of an incident of theft or malicious damage to the Inventory, the Hirer must
immediately report such incident to the police and provide the police reference number to
Vintalicious, immediately upon its request.
7.2 Vintalicious will not be liable for any inconvenience, loss or damage suffered by the Hirer, as a
consequence of any accident, theft or malicious damage to the Inventory.
7.3 The Hirer will not be entitled to any refund under this Agreement where the Inventory
becomes unavailable for use due to theft that occurs to the Inventory, or the Inventory being
damaged, during the Hire Period.
7.4 The Hirer will be liable to pay to Vintalicious, the Hire Fee for the period of time that the
Inventory is unavailable for hire as a consequence of damage, accident or an incident of theft,
which was caused by the Hirer’s recklessness and/or negligence. - Insurance
8.1 Vintalicious will be responsible for effecting and keeping current a general insurance policy or
policies in respect of the Inventory to cover the Inventory in relation to damage or destruction
of the Inventory, third party risk and public liability.
8.2 The Hirer must not do any act in relation to the Inventory, which has the capability of
rendering void, or voidable, Vintalicious’s insurance policy or policies covering the Inventory. - Indemnity
9.1 By using the Inventory, you agree to indemnify Vintalicious from and against all actions, claims,
suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including
and without limitation, negligence) arising out of or in any way connected to the use of the
Inventory by you. - Cancellation
10.1 *25% of the full booking amount will be forfeited to Vintalicious, on any cancellation, that
occurs.
** If Covid 19 effects your event date, and you cannot go ahead with your booking, we offer
postponement to a date of your choice (if available) at another time at no extra costs.
10.2 In the event that the Hirer cancels delivery of the Inventory, Vintalicious will refund, in full,
(minus the 25% booking fee 10.1) any amounts paid to Vintalicious by the Hirer.
Such a refund will only be made in the event that the cancellation occurs at least 60 days prior
to the booking date, but otherwise any Security Bond, Deposit or Hire Fee already paid by the
Hirer, shall be forfeited to Vintalicious Weddings and Events at a rate of 100%.
(a) Vintalicious is not obliged to accept any cancellation once a Hire Period has commenced.
10.3 In the event that Vintalicious is unable to supply the Hirer with the Inventory, or any part of it,
as a consequence of a previous hirer not making the Inventory available for collection, then
Vintalicious may cancel the Hirer’s order.
10.4 In the event that Vintalicious is required to cancel the Hirer’s order under clause 10.2 above,
then Vintalicious:
(a) will, within 72 hours of the Hirer being notified of the cancellation, refund all amounts paid
by the Hirer to Vintalicious; and
(b) will not be liable for any loss or damage that the Hirer may suffer, arising from, or caused or
contributed by, Vintalicious’s cancellation under this clause 10.3. - Collection of Inventory
11.1 The Hirer must make all Inventory available to Vintalicious, as set up by Vintalicious, at the time of
delivering and setting up the Inventory, for your event.
11.2 Unless otherwise agreed between Vintalicious and you, all Inventory must be made available
to be picked up by Vintalicious at the Collection Time.
11.3 If for any reason Vintalicious are unable to gain access to the Delivery Address for collection
of the Inventory, Vintalicious may charge an amount reasonably determined in its sole discretion to
the Hirer for additional collection services, for each attempt to pick up the Inventory.
11.4 The Security Deposit will be repayable to you by Vintalicious only if, upon inspection of the
hired Inventory, Vintalicious determines in is sole discretion that the Inventory is in a good
condition, and that you have not materially breached this Agreement.
11.5 In the event that any items comprised in the Inventory are damaged or missing Vintalicious
will be entitled to retain the Security Bond, or any portion of it.
11.6 Vintalicious will, within 72 hours of taking possession of all hired Inventory from the Hirer,
refund the Security Bond to the Hirer’s nominated bank account.
11.7 The refund of the Security Bond, or any part of it, under clause 11.7 above is conditional
upon the Inventory being in the same condition that it was supplied in. - Refusal to hire
12.1 Vintalicious reserves the right to refuse hire of the Inventory to any persons and for any
reason. - Entire agreement
13.1 The terms and conditions contained in this Agreement constitute the entire agreement
between Vintalicious and the Hirer with respect to the Inventory provided by Vintalicious and shall not
be amended, except in writing. - Force Majeure
14.1 With the exceptions of any payment obligations, neither party shall be under any liability
whatsoever for the consequences of any failure on its part to perform its obligations under this
Agreement where delay is due directly or indirectly to any event of force majeure. “Events of
Force Majeure” include any acts of God, war, riots, embargoes, strikes or acts of its vendors or
suppliers, accidents, or any other event beyond its reasonable control.
14.2 If there is an event of force majeure, Vintalicious will notify the Hirer and the likely impact on
its performance under this Agreement. If the event is affected by the capacity of Vintalicious to
complete its material obligations under this Agreement in a timely manner, Vintalicious may by
notice to the Hirer terminate this Agreement without any liability whatsoever on its part arising
from such termination. - Disputes
15.1 Both Vintalicious and the Hirer agree that any disputes arising from the hire and use of the
Inventory (except in regard to payment of fees or charges) shall be negotiated with a view to
settlement. - Governing Law
16.1 The terms of this Agreement shall be governed by the law of the State of Queensland and
shall apply to any dispute arising out of this Agreement. - Assent
The Hirer accepts the terms of this agreement when they make the payment through the website,
which is deemed to be a digital signature for the purposes of this agreement.
Signed by the Hirer:
