TERMS AND CONDITONS

EQUIPMENT HIRE AGREEMENT

1. DEFINITIONS

(a) “Equipment” means those items of children’s soft play equipment offered for hire by Littles Equipment agreed to be loaned to the Hirer by Littlies Equipment.

(b) “Hirer” means the person(s) or organisation that will hire the equipment from Littlies Equipment upon the terms and conditions in this Agreement.

(c) “Littlies Equipment” means the business trading as Littlies Equipment Hire ABN: 66 469 596 649 and is Littlies Equipment of the children’s soft play equipment loaned pursuant to this Agreement.

2. HIRE OF EQUIPMENT

(a) The Hirer is entitled to use the Equipment for the hire period and for any agreed extension of the period.

(b) The Hirer agrees to return the Equipment to Littlies Equipment on or before the end of the hire period.

(c) Littlies Equipment will not refund any hire charge monies if the Hirer elects to return the equipment prior to the end of the hire period, regardless of reason.

3. PAYMENT TERMS AND CANCELLATIONS

(a) The Hirer agrees to pay Littlies Equipment the hire costs (as amended from time to time) as advertised on Littlies Equipment website, which includes any GST payable.

(b) The Hirer is required to pay 50% of the total booking value upon booking confirmation via one of the available payment methods listed on the Littlies Equipment website (chosen payment method must disclosed prior to booking confirmation).

(d) The Hirer is required to pay $100 bond via credit card preauthorization or cash at the time of delivery or alternatively via direct debit 5 days prior to the booking date, to secure the hire.

(e) If the remaining invoice balance is not received in full 5 days prior to delivery, Littlies Equipment are not obliged to deliver the equipment and the deposit paid will be forfeited.

(f) The bond will be refunded after the items are returned or collected in the same condition and cleanliness that they were hired out (normal wear and tear excepted). 1

(g) Travel costs apply for delivery of items outside the City of Busselton local government area, as advertised on the Littlies Equipment website.

1 Please note credit card pre-authorisation and direct debit bond payments may take 5-10 business days to be returned.

(h) A cleaning fee of $50 per hour will apply where the Equipment is returned in an unacceptable condition and requires extra cleaning. Littlies Equipment reserves the right to retain a portion, or all of the Bond amount, to cover any cleaning fees in the event that additional cleaning is required.

(i) Cancellations must be made in writing via email to Littlies Equipment Hire.

(j) Cancellations less than 7 days prior to the booking date will incur the loss of the deposit amount (50% of the booking value). If the booking is cancelled within 3 days of the booking date, then the total booking value will be forfeited.

4. DELIVERY OF EQUIPMENT

(a) A pre-arranged date and time will be agreed between the Hirer and Littlies Equipment for the delivery and pick-up, or the collection and drop-off, of the hired Equipment.

(b) The Hirer grants Littlies Equipment the right to enter the property at the street address specified by the Hirer for the delivery and subsequent collection of the Equipment at the prearranged time.

(c) It is the Hirers sole responsibility to ensure that the delivery address provided is correct. Littlies Equipment will not be held liable for late or non delivery due to incorrect address information provided. Littlies Equipment shall not be liable for any loss or damages arising out the provision of incorrect address details.

(d) Littlies Equipment reserves the right to charge a late fee if the Hirer fails to make the Equipment available for pick-up at the pre-arranged date and time. The Late Fee shall be equivalent to one (1) days hire of the respective Equipment and be charged daily until the Equipment is returned or available for pick-up.

(e) The Hirer must ensure that suitable access to and from the site of the proposed set up of the Equipment is adequate to suit the mode of delivery and collection. Littlies Equipment reserves the right to request further information about an event or require an inspection prior to delivery to ascertain suitable access.

(f) The Hirer is responsible for arranging vehicle access with local government or facility management booking departments for all parks and open spaces that allow such access. Should vehicle access not be arranged or granted Littlies Equipment reserved the right to refuse to offload, set-up and allow the equipment to be used should the booked area/zone/facility be further than 50m from the delivery vehicle and the Hirer is unable/unwilling to relocate to a suitable site. All monies paid will be forfeited and Littlies Equipment shall not be liable for any loss or damages arising out of the enforcement of this clause.

(g) The Hirer is to declare any stairs that are present at delivery address. Should there be more than 10 stairs and no alternative entry to a facility and this has not been declared on your booking nor have you paid the high risk delivery fee, Littlies Equipment reserved the right 3 to refuse to offload, set-up and allow the equipment to be used. All monies paid will be forfeited and Littlies Equipment shall not be liable for any loss or damages arising out of the enforcement of this clause.

(h) Littlies Equipment shall not be liable for any loss or damages should Littlies Equipment be unable to deliver hired equipment due to accident or misfortune. In this event the Hirer will be issued a full refund.

5. USE OF EQUIPMENT

(a) Other than as required by law, Littlies Equipment makes no representation and gives no warranty to the Hirer in relation to the usability or functionality of the Equipment.

(b) It is the sole responsibility of the Hirer to ensure that the Equipment hired is suitable for the age and skills of the children who will use it. (c) It is the sole responsibility of the Hirer to familiarise themselves with the manufacturer’s instructions for the Equipment.

(d) The Hirer agrees to only use the Equipment for its intended use and in accordance with the manufacturer’s instructions and Product Information Sheet(s) provided by Littlies Equipment.

(e) The Hirer must ensure that any or all children using any Equipment supplied by Littlies Equipment are supervised by a competent adult at all times.

(f) The Hirer will be responsible for the Equipment until it is collected or returned to Littlies Equipment, and shall maintain the Equipment in good condition, with reasonable wear and tear excepted.

(g) The Hirer agrees that it will not store or operate the Equipment in rain or on an unsealed surface with the exception of a level grassed area. Littlies Equipment retains its right to refuse to deliver the Equipment if upon arrival at the delivery location it is apparent to Littlies Equipment that there is not a suitable location for the storage and/or operation of the Equipment.

(h) The equipment supplied for hire will remain the exclusive property of Littlies Equipment Hire for the duration of the hire period. The Hirer will not lend, sell, or underlet any of the equipment supplied for hire.

(i) The Hirer shall ensure the equipment is returned to Littlies Equipment clean of soil or any other foreign matter.

6. HIRER’S WARRANTIES The Hirer warrants that:

(a) the Equipment will be used in accordance with the manufacturer’s instructions; 4

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

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

(d) the Hirer has all permits and approvals required (if any) by the local government and/or state government for the storage and/or operation of the Equipment on private land or public land.

7. LOSS OR DAMAGE TO EQUIPMENT

(a) The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period. The hirer will be liable for the full costs of replacing of any lost or stolen equipment, the repair of any damaged equipment and/or the replacement of any equipment which is determined to be damaged beyond repair. Damage includes but is not limited to;

▪ Tears in equipment including vinyl/PVC

▪ Stains left on equipment including vinyl/PVC or EVA matting due to food or face or glitter paint

▪ Damage to equipment due to being left in rain or direct sunlight

▪ Damage to the structure of the equipment due to incorrect or malicious use

▪ Damage to EVA mats caused by high heel shoes, chairs, gazebo legs or pegs

▪ Excessive loss or damage to ball pit balls

(b) If there is a breakdown or failure of the Equipment then the Hirer shall return the Equipment to Littlies Equipment and the Hirer shall not attempt to repair the Equipment.

8. INSURANCE

(a) Littlies Equipment will maintain current insurance policies in respect of the Equipment to its full insurable value.

9. LIABILITY AND INDEMNITY

(a) Littlies Equipment are only liable to the Hirer to the extent permitted by law.

(b) The Hirer acknowledges and accepts that persons using the Equipment can be injured.

▪ arising out of the hire and use of the Equipment,

▪ arising from late delivery of the Equipment,

▪ arising from an inadequate amount of space for the Equipment to be used safely, 5

▪ arising from the Hirer ordering the incorrect Equipment, or insufficient quantities of the Equipment, or where the Equipment is hired for a purpose which is outside the Equipment’s specifications.

(d) To the full extent permitted by law the Hirer releases, discharges and indemnifies Littlies Equipment from all claims and demands on Littlies Equipment arising out of or consequent on the use or misuse of the Equipment during the hire period.

10. NON-MERGER

The covenants, agreements and obligations contained in this Agreement will not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

11. SEVERANCE

If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

12. GOVERNING LAW

This Agreement is governed by the laws of Western Australia. Each party submits to the non exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.

Terms and Conditions: Text