Acceptance of written quote provided by Tumble Tots Party Hire for the hire of soft play and/or other equipment binds Hirer to the following Terms and Conditions of Hire.
Terms and Conditions of Hire
1. BOOKINGS AND PAYMENTS
(a) The Hirer is required to pay 50% of the total value of the booking (inclusive of equipment hire value, bond and delivery fee) via credit card* or direct deposit to secure the hire. The Hirer is required to pay any remaining balance in full, 5 days prior to delivery of the Equipment.
The hire will not be secured until the 50% payment has been received.
*(A 2% merchant fee will be levied per invoice total for credit card payment)
(b) If the remaining invoice balance is not received in full 5 days prior to delivery, Tumble Tots Party Hire are not obliged to deliver the equipment or allow the equipment to be used. Any monies paid; to the value of the equipment hire plus a 10% administration fee will be forfeited.
(c) 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). The Bond will be refunded on the Thursday following your hire date, in the same manner in which is was paid (bank transfer or credit card refund). Please allow for bank transfer times before the refund appears in your account or credit card.
(d) In the event that the equipment that has been hired becomes unavailable due to damage or theft, Tumble Tots Party Hire reserves the right to substitute the equipment with a product that is comparable and similar in functionality to the current item(s) hired. If comparable and similar equipment is not available, Tumble Tots Party Hire will process a full refund. Tumble Tots Party Hire shall not be liable for any loss or damages arising out of Tumble Tots Party Hire's inability to provide equipment due to damage or theft.
2. DELIVERY & COLLECTION OF EQUIPMENT
(a) A pre-arranged date and time will be agreed between the Hirer and Tumble Tots Party Hire for the delivery and pick-up, or the collection and drop-off, of the hired Equipment.
(b) The Hirer grants Tumble Tots Party Hire 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 pre-arranged time.
(c) The delivery and collection times may change as Tumble Tots Party Hire deems necessary to accommodate additional hires for the same date as the Hirers. The Hirer will receive an email no later than 2 days before the hire date to confirm delivery address, hire date and delivery and collection time.
(d) It is the Hirers sole responsibility to ensure that the delivery address provided is correct. Tumble Tots Party Hire will not be held liable for late or non delivery due to incorrect address information provided. Should the Hirer provide an incorrect address or is not at the specified address within 10 minutes of the scheduled delivery time, Tumble Tots Party Hire are not obliged to deliver the equipment or allow the equipment to be used and all monies paid will be forfeited. Tots Party Hire shall not be liable for any loss or damages arising out the provision of incorrect address details or should the hire be cancelled due to Hirer not arriving at the specified address within the 10 minute window.
(e) The hire and delivery fee does not include set-up and/or breakdown. If you require Tumble Tots Party Hire to set up and/or breakdown on your behalf, you will be charged a $70 set up and/or breakdown fee which is payable on booking. If you require us to setup and breakdown on the day of your event and you have not prepaid for this service you will incur a $85 charge. This amount will be deducted from your bond.
(f) Tumble Tots Party Hire 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.
(g) 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. Tumble Tots Party Hire reserves the right to request further information about an event or require an inspection prior to delivery to ascertain suitable access. A high risk delivery fee of $180 will be charged should it be deemed necessary.
(h) 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 Tumble Tots Party Hire 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 Tots Party Hire shall not be liable for any loss or damages arising out of the enforcement of this clause.
(i) 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, Tumble Tots Party Hire reserved the right to refuse to offload, set-up and allow the equipment to be used. All monies paid will be forfeited and Tots Party Hire shall not be liable for any loss or damages arising out of the enforcement of this clause.
Please refer to our website (http://www.tumbletotspartyhire.com.au/delivery) for information regarding delivery, access and what may be deemed high risk.)
(j) Tumble Tots Party Hire shall not be liable for any loss or damages should Tumble Tots Party Hire be unable to deliver hired equipment due to accident or misfortune. In this event the Hirer will be issued a full refund.
3. USE OF EQUIPMENT
(a) Other than as required by law, Tumble Tots Party Hire make no representation and give 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 Hirer’s responsibility to examine the Equipment prior to use to determine fitness and state of repair.
(d) The Hirer agrees to only use the Equipment for its intended use and in accordance with the Product Information Sheet(s) provided by Tumble Tots Party Hire.
(e) The Hirer must ensure that any or all children using any Equipment supplied by Tumble Tots Party Hire are supervised by a competent person at all times.
(f) All Equipment supplied on hire remains the property of Tumble Tots Party Hire and the Hirer has no legal or equitable interest in the Equipment or any part thereof.
(g) The Hirer agrees to keep the Equipment in his/her custody and not to sublease, rent, sell, remove from the delivery address or the address provided on this Hire Agreement.
(h) The Hirer will be responsible for the Equipment until it is collected or returned to Tumble Tots Party Hire, and shall maintain the Equipment in good condition, with reasonable wear and tear excepted.
(i) A Cleaning Fee of $50 per hour will apply where the Equipment is returned in an unacceptable condition and requires extra cleaning. Tumble Tots Party Hire 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.
4. THEFT OR DAMAGE TO EQUIPMENT
(a) Tumble Tots Party Hire shall not be liable for any loss or damages arising out of the misuse, or abuse of the Equipment by the Hirer and the Hirer agrees to keep Tumble Tots Party Hire indemnified in respect thereof.
(b) In the event of undesirable weather conditions, it is the responsibility of the Hirer to ensure adequate, safe coverage of the Equipment to avoid damage to the Equipment.
(c) It is the responsibility of the Hirer to ensure that the Equipment is secure at all times and where being stored in an unlocked premises, supply such security as to ensure its safekeeping.
(d) In the event of damage* to the Equipment, the Hirer agrees to pay Tumble Tots Party Hire an amount equal to:
all costs associated with replacing the Equipment plus a 6% administration fee, or
all costs associated with the repair of the Equipment plus a 6% administration fee (if deemed repairable).
*Damage includes but is not limited to;
tears in vinyl,
stains left on vinyl due to food or face paint,
damage to equipment due to being left in rain or direct sunlight,
damage to the structure of equipment due to incorrect or malicious use
damage to EVA mats caused by high heel shoes, chairs or gazebo/tent legs or pegs
Tumble Tots Party Hire will notify the Hirer in writing within 72 hours of the hire period of any claim of damages. Tumble Tots party Hire reserves the right to retain a portion, or all of the Bond amount, to cover costs associated with any damage to the Equipment. Should the damage value be higher than the Bond amount, the Hirer will be issued with an invoice which will be payable within 7 days of receipt.
(e) In the event of theft of the Equipment supplied, the Hirer must immediately notify Tumble Tots Party Hire, and the Hirer will be responsible for all costs associated with the replacement of the Equipment. Tumble Tots Party Hire is under no obligation to provide replacement Equipment.
(a) Cancellation terms apply once a booking has been accepted, by accepting the written quote provided by Tumble Tots Party Hire.
(b) Cancellations must be made in writing, via email, to Tumble Tots Party Hire.
(c) For the hire of equipment to the value of $450 and under, the following cancellation terms apply;
Cancellation notice in excess of 14 days prior to the hire date is required.
If the booking is cancelled in excess of 14 days prior to the hire date, the Hirer will be issued a full refund of any monies paid.
If the booking is cancelled within 14 days of the hire date, then all monies paid will be forfeited.
(d) For the hire of equipment valued $450 and over, the following cancellation terms apply;
Cancellation notice of 25 days prior to the hire date is required.
If the booking is cancelled in excess of 25 days prior to the hire date, the Hirer will be issued a full refund of any monies paid.
If the booking is cancelled within 25 -15 days of the hire date, 50% of the value of the equipment hire plus a $20 administration fee will be payable.
If the booking is cancelled within 14 days of the hire date, the total value of the equipment hire will be payable.
(e) During periods of severe weather conditions (electrical storms, high winds, flooding etc), Tumble Tots Party Hire reserve the right to cancel a booking. All monies will be refunded in the event of this occurring. Tumble Tots Party Hire shall not be liable for any loss or damages arising out of Tumble Tots Party Hire's decision to cancel a booking in these circumstances.
(f) If the Hirer cancels due to undesirable weather, this will be handled as per clause 5(c) and/or (d).
(g) For active bookings made that are subject to a postponement agreement such as;
agreed on postponement due to illness or
any other reasons agreed to between Tumble Tots Party Hire and the Hirer,
no further cancellations will be accepted and all monies will be forfeited.
6. LIABILITY AND INDEMNITY:
(a) Tumble Tots Party Hire 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.
(c) Tumble Tots Party Hire are not liable to the Hirer or anyone else for any expenditure, injury, loss or damage:
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,
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) The Hirer indemnifies Tumble Tots Party Hire against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the Hirer’s part to ensure the Equipment is used, stored, erected or transported safely.
(a) Tumble Tots Party Hire respects the Hirer’s privacy and complies with the Privacy Act 1988 (Cth). Any personal information the Hirer provides Tumble Tots Party Hire in order to supply Equipment according to this agreement, will be dealt with pursuant to the privacy laws.