Terms & Conditions

TERMS & CONDITIONS

1. Definitions

1.1          “Contract” means the terms and conditions contained herein, together with any quotation, Hire form, invoice or other document or amendments expressed to be supplemental to this Contract.

1.2          “Get Lit Event Rentals” means Shandy Inv Pty Ltd T/A Get Lit Event Rentals, its successors and assigns or any person acting on behalf of and with the authority of Shandy Inv Pty Ltd T/A Get Lit Event Rentals.

1.3          “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Get Lit Event Rentals to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a)   if there is more than one Client, is a reference to each Client jointly and severally; and

(b)   if the Client is a partnership, it shall bind each partner jointly and severally; and

(c)   if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and

(d)   includes the Client’s executors, administrators, successors and permitted assigns.

1.4          “Equipment” means all Equipment (including any accessories) supplied on hire by Get Lit Event Rentals to the Client (and where the context so permits shall include any incidental supply of services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by Get Lit Event Rentals to the Client.

1.5          “Hire Period” means the period between the Commencement Date and the Termination Date.

1.6          “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Get Lit Event Rentals to the Client.

1.7          “Hire Schedule” means a document which Get Lit Event Rentals may require the Client to sign (or accept in a way Get Lit Event Rentals requires) including particulars of Client, Equipment and Hire Period and such other information as Get Lit Event Rentals may decide to require.

1.8          “Termination Date” means the date and time when the Client must return the Equipment to the possession of Get Lit Event Rentals.

1.9          “Site” means the location/s at which the Equipment is to be operated.

1.10       'Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.11       “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Get Lit Event Rentals website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.12       “Charges” means the cost of the hire of the Equipment (plus any GST where applicable) as agreed between Get Lit Event Rentals and the Client subject to clause 5 of this Contract.

1.13       “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

2.1          The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts delivery of, the Equipment.

2.2          In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3          Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4          The Client acknowledges that the hire of Equipment on credit shall not take effect until the Client has completed a credit application with Get Lit Event Rentals and it has been approved with a credit limit established for the account.

2.5          In the event that the hire of Equipment requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Get Lit Event Rentals reserves the right to refuse delivery.

2.6          Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Errors and Omissions

3.1          The Client acknowledges and accepts that Get Lit Event Rentals shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a)   resulting from an inadvertent mistake made by Get Lit Event Rentals in the formation and/or administration of this Contract; and/or

(b)   contained in/omitted from any literature (hard copy and/or electronic) supplied by Get Lit Event Rentals in respect of the Equipment hire and/or/services.

3.2          In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Get Lit Event Rentals; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.

4. Change in Control

4.1          The Client shall give Get Lit Event Rentals not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Get Lit Event Rentals as a result of the Client’s failure to comply with this clause.

5. Charges and Payment

5.1          At Get Lit Event Rentals sole discretion the Charges shall be either;

(a)   as indicated on invoices provided by Get Lit Event Rentals to the Client in respect of Equipment supplied on hire; or

(b)   Get Lit Event Rentals quoted Charges (subject to clause 5.2) which shall be binding upon Get Lit Event Rentals provided that the Client shall accept in writing Get Lit Event Rentals quotation within twenty-eight (28) days.

5.2          Get Lit Event Rentals reserves the right to change the Charges in the event of a variation to Get Lit Event Rentals quotation (including, but not limited to, additional charges for assembling, installing, erecting, or dismantling Equipment). Variations will be charged for on the basis of Get Lit Event Rentals quotation, and will be detailed in writing, and shown as variations on Get Lit Event Rentals invoice. The Client shall be required to respond to any variation submitted by Get Lit Event Rentals within ten (10) working days. Failure to do so will entitle Get Lit Event Rentals to add the cost of the variation to the Charges. Payment for all variations must be made in full at the time of their completion.

5.3          Deposits - A holding deposit is required for all hires to reserve the product for the customer.The holding deposit ensures that the requested items are set aside and not available for other customers during the specified hire period. Deposit Amounts: For hires with a total value of $999 and under, a 25% deposit is required. For hires exceeding $1000, a 20% deposit is necessary. It is at Get Lit Event Rentals sole discretion, that a deposit (in the form of a bond) shall be required at the commencement of this Contract, depending on the equipment hired, this shall be refunded to the Client within thirty (30) days of the return of the Equipment, provided that the Client has complied with their obligations hereunder. The deposit may be used to offset any applicable Charges payable by the Client under clause 15.3, and any outstanding balance thereof shall be due as per clause 5.4.

5.4          Time for payment for the Equipment being of the essence, the Charges will be payable by the Client on the date/s determined by Get Lit Event Rentals, which may be:

(a)   on or before delivery of the Equipment, Please note clause 5.3; or

(b)   For approved Account Customers, thirty (30) days following the end of the month in which a statement is posted or emailed to the Client’s address or address for notices;

(c)   the date specified on any invoice or other form as being the date for payment; or

(d)   failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Get Lit Event Rentals.

5.5          Payment may be made by cash, electronic/on-line banking, credit card (a surcharge per transaction may apply) or by any other method as agreed to between the Client and Get Lit Event Rentals.

5.6          Get Lit Event Rentals may in its discretion allocate any payment received from the Client towards any invoice that Get Lit Event Rentals determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Get Lit Event Rentals may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Get Lit Event Rentals, payment will be deemed to be allocated in such manner as preserves the maximum value of Get Lit Event Rentals Purchase Money Security Interest (as defined in the PPSA) in the Equipment.

5.7          The Client shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Client by Get Lit Event Rentals nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify Get Lit Event Rentals in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Get Lit Event Rentals investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Get Lit Event Rentals placing the Client’s account into default and subject to default interest in accordance with clause 19.1.

5.8          Unless otherwise stated the Charges do not include GST. In addition to the Charges the Client must pay to Get Lit Event Rentals an amount equal to any GST Get Lit Event Rentals must pay for any supply by Get Lit Event Rentals under this or any other agreement for the hire of the Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Charges. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges.

5.9          Receipt by Get Lit Event Rentals of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

6. Additional Hire Charges

6.1          Additional hire Charges as set out in the Hire Schedule will apply if the Equipment is used for more than the initial scheduled booking period.

6.2          In accordance with clause 7, the Client will be charged for the hire of Equipment for the full Hire Period. The Client shall continue to pay the Charges and other charges after the off-hire date if the Client has not returned the Equipment to Get Lit Event Rentals by the end of the Hire Period. This obligation survives termination of the hire agreement.

6.3          Hire Charges will commence from the Hire Period and continue until the date the Client notifies Get Lit Event Rentals that the Equipment will be available for collection (the “Off Hire Date”). At this time, Get Lit Event Rentals will give the Client a number as verification that the Client’s request has been received (“Off-Hire Number”). The Equipment must be available for collection by no later than the time of day at which the Client’s hire commenced (e.g., if the Client’s hire commenced at ten (10) am, then the Equipment must be ready for collection by no later than ten (10) am on the off-hire date), otherwise Get Lit Event Rentals reserves the right to charge additional hire Charges. The off-hire date is not considered to be the Client’s notice to Get Lit Event Rentals that the Equipment is available for collection. 

6.4          Off-hire receipts will only be issued when the Equipment has been either collected by Get Lit Event Rentals or returned to Get Lit Event Rentals premises, (including where the Client has contacted Get Lit Event Rentals for return freight of the Equipment).

7. Hire Period

7.1          Hire Charges shall commence from the time the Equipment departs from Get Lit Event Rentals premises and will continue until the return of the Equipment to Get Lit Event Rentals premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.

7.2          Hire Charges shall be calculated on the following basis:

(a)   for the four (4) hour rate to apply the Equipment shall be returned within four (4) hours from hire commencement or twenty-four (24) hourly rates shall apply;

(b)   in accordance with clause 5.1, 7.1  and 7.2(a) the minimum hire Charge may be set out in Get Lit Event Rentals hire shop book from time to time for each item.

7.3          The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.

7.4          Hire rates do not include the cost of props, equipment accessories, fuel, etc. These items shall be purchased at the time of hire.

7.5          No allowance whatsoever can be made for time during which the Equipment is not in use for any reason unless Get Lit Event Rentals confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Get Lit Event Rentals immediately, hiring Charges will not be payable during the time the Equipment is not servicable, unless the condition is due to negligence or misuse on the part of or attributable to the Client.

8. Delivery

8.1          Delivery (“Delivery”) of the Equipment is taken to occur at the time that:

(a)   the Client or the Client’s nominated carrier takes possession of the Equipment at Get Lit Event Rentals premises; or

(b)   Get Lit Event Rentals (or Get Lit Event Rentals nominated carrier) delivers the Equipment to the Client’s nominated address even if the Client is not present at the address.

8.2          At Get Lit Event Rentals sole discretion, the cost of Delivery is anaddition to the Charges.

8.3          Any time specified by Get Lit Event Rentals for Delivery of the Equipment is an estimate only and Get Lit Event Rentals will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Equipment to be supplied at the time and place as was arranged between both parties. In the event that Get Lit Event Rentals is unable to supply the Equipment as agreed solely due to any action or inaction of the Client, then Get Lit Event Rentals shall be entitled to charge a reasonable fee for re-supplying the Equipment at a later time and date, and/or for storage of the Equipment.

9. Risk

9.1          Get Lit Event Rentals retains ownership of the Equipment nonetheless all risk for the Equipment passes to the Client on Delivery.

9.2          The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Get Lit Event Rentals for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.

9.3          The Client will insure, or self-insure, Get Lit Event Rentals interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

9.4          The Client accepts full responsibility for and shall keep Get Lit Event Rentals indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.

10. Access and Inspection

10.1       Get Lit Event Rentals and Get Lit Event Rentals representatives have the right to enter the location at any time upon giving prior reasonable notice to the Client to inspect, maintain, repair and/or repossess the Equipment.

11. Title

11.1       The Equipment is and will at all times remain the absolute property of Get Lit Event Rentals, and the Client must return the Equipment to Get Lit Event Rentals upon request to do so.

11.2       If the Client fails to return the Equipment to Get Lit Event Rentals as is required under this Contract or when requested to do so, then Get Lit Event Rentals or Get Lit Event Rentals agent may (as the invitee of the Client or premises owner) enter upon and into any land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused. Any costs incurred by Get Lit Event Rentals as a result of Get Lit Event Rentals so repossessing the Equipment shall be charged to the Client.

11.3       The Client is not authorised to pledge Get Lit Event Rentals credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

12. Personal Property Securities Act 2009 (“PPSA”)

12.1       In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

12.2       Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Equipment that has previously been supplied and that will be supplied in the future by Get Lit Event Rentals to the Client.

12.3       The Client undertakes to:

(a)   promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Get Lit Event Rentals may reasonably require to:

(i)    register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii)   register any other document required to be registered by the PPSA; or

(iii)  correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);

(b)   indemnify, and upon demand reimburse, Get Lit Event Rentals for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Equipment charged thereby;

(c)   not register a financing change statement in respect of a security interest without the prior written consent of Get Lit Event Rentals;

(d)   not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without the prior written consent of Get Lit Event Rentals.

12.4       Get Lit Event Rentals and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

12.5       The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

12.6       The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

12.7       Unless otherwise agreed to in writing by Get Lit Event Rentals, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

12.8       The Client must unconditionally ratify any actions taken by Get Lit Event Rentals under clauses 12.3 to 12.5.

12.9       Subject to any express provisions to the contrary (including those contained in this clause 12), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

12.10     Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 12 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 12 will apply generally for the purposes of the PPSA.

13. Security and Charge

13.1       In consideration of Get Lit Event Rentals agreeing to supply Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

13.2       The Client indemnifies Get Lit Event Rentals from and against all Get Lit Event Rentals costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Get Lit Event Rentals rights under this clause.

13.3       The Client irrevocably appoints Get Lit Event Rentals and each director of Get Lit Event Rentals as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.

14. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)

14.1       The Client must inspect the Equipment on Delivery and must immediately notify Get Lit Event Rentals in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Get Lit Event Rentals to inspect the Equipment.

14.2       Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

14.3       Get Lit Event Rentals acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

14.4       Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Get Lit Event Rentals makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Equipment. Get Lit Event Rentals liability in respect of these warranties is limited to the fullest extent permitted by law.

14.5       If the Client is a consumer within the meaning of the CCA, Get Lit Event Rentals liability is limited to the extent permitted by section 64A of Schedule 2.

14.6    If Get Lit Event Rentals is required to rectify, re-supply, or pay the cost of re-supplying any services or Equipment under this clause or the CCA, but is unable to do so, then Get Lit Event Rentals may refund any money the Client has paid for the services or Equipment but only to the extent that such refund shall take into account the value of any services or Equipment and consumables which have been provided to the Client which were not defective.

14.7    If the Client is not a consumer within the meaning of the CCA, Get Lit Event Rentals liability for any defect or damage in the services or Equipment is:

(a)    limited to the value of any express warranty or warranty card provided to the Client by Get Lit Event Rentals at Get Lit Event Rentals sole discretion;

(b)    limited to any warranty to which Get Lit Event Rentals is entitled, if Get Lit Event Rentals did not manufacture the Equipment;

(c)    otherwise negated absolutely.

14.8    Notwithstanding clauses 14.1 to 14.7 but subject to the CCA, Get Lit Event Rentals shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:

(a)    the Client failing to properly maintain or store any Equipment;

(b)    the Client interfering with the Equipment in any way without Get Lit Event Rentals written approval to do so;

(c)    the Client using the Equipment for any purpose other than that for which it was designed;

(d)    the Client continuing the use of the Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(e)    the Client failing to follow any instructions or guidelines provided by Get Lit Event Rentals;

(f)    fair wear and tear, any accident, or act of God.

15. Client’s Responsibilities

15.1    The Client shall:

(a)    satisfy itself at commencement that the Equipment is suitable for its purposes;

(b)    notify Get Lit Event Rentals immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;

(c)    maintain the Equipment as is required by Get Lit Event Rentals (including, but not limited to, maintaining (where applicable) water, oil and fluid levels, hydraulic hoses and tyre pressures);

(d)    operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Get Lit Event Rentals or posted on the Equipment;

(e)    ensure that:

(i)    all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Get Lit Event Rentals upon request;

(ii)    the operator of any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the Equipment;

(iii)    all reasonable care is taken by the driver in handling and/or parking the Equipment and that the Equipment is left locked and/or securely stored when not in use.

(f)    be liable for any parking or traffic infringement, impoundment, towage, and storage costs incurred during the hire period and will supply relevant details as required by the Police and/or Get Lit Event Rentals relating to any such matters or occurrences.

(g)    comply with all work health and safety laws relating to the Equipment and its operation;

(h)    on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Get Lit Event Rentals;

(i)    refuel the Equipment prior to its return from hire. In the event the Equipment needs to be refuelled upon its return from hire then the costs of refuelling shall be charged to the Client in addition to the costs of the Equipment hire;

(j)    keep the Equipment in their own possession and control and shall not assign the benefit of the hire Contract nor be entitled to lien over the Equipment;

(k)    employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;

(l)    indemnify and hold harmless Get Lit Event Rentals in respect of all claims arising out of the Client’s use of the Equipment.

(m)     The Client agrees full Adult supervision (person’s over the age of 18) is given when children’s jumping castle have been Hired from Get Lit Event Rentals and used at an event.

 

15.2    The Client shall not:

(a)    alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;

(b)    exceed the recommended or legal load and capacity limits of the Equipment (including the recommended number of passengers (if applicable);

(c)    carry Equipment over water without the prior written permission of Get Lit Event Rentals.

(d)    use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

(e)    use unsuitable electric leads; or

(f)    fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold.

15.3    Immediately on request by Get Lit Event Rentals the Client will pay:

(a)    the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Get Lit Event Rentals;

(b)    all costs incurred in cleaning the Equipment;

(c)    all costs of repairing any damage caused by:

(i)    the ordinary use of the Equipment;

(ii)    the negligence of the Client or the Client’s agent;

(iii)    vandalism, or (in Get Lit Event Rentals reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client.

(d)    the cost of fuels and consumables provided by Get Lit Event Rentals and used by the Client;

(e)    any:

(i)    lost hire fees Get Lit Event Rentals would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;

(ii)    costs incurred by Get Lit Event Rentals in picking up and returning the Equipment to Get Lit Event Rentals premises if the Client does not return the Equipment to Get Lit Event Rentals premises or any pre-agreed pickup location when it was originally agreed that the Client would do so;

(iii)    insurance excess payable in relation to a claim made by either the Client or Get Lit Event Rentals in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Client and irrespective of whether charged by the Client’s insurers or Get Lit Event Rentals.

 

16. Remote Location Maintenance and Breakdowns

16.1    This clause 16 applies should the Client hire Equipment for use at a Remote location.

16.2    Scheduled services for all Equipment located at a Remote location will be subject to a per kilometre charge both to and from the premises nominated by the Client. There will be no charge for the first fifty (100) km either way.

16.3    Scheduled services for multiple items of Equipment which are located at the Remote location will only be charged as one call out.

16.4    The Client remains responsible for maintenance and care of all Equipment in accordance with clause 15, including, but not limited to, checking of all Electrical Leads, bulbs, fluids (fuel, oil, water, battery levels etc), general tightening of any loose nuts, bolts or fittings and lubrication of all grease points.

16.5    If the Equipment breaks down at a Remote location the Client will pay Get Lit Event Rentals the costs associated with any attendance to the long-distance location in addition to any other costs payable under this Contract and shall be shown as a variation as per clause 5.2.

 

17. Damage Waiver

17.1    The hire Charge may include a charge for the damage waiver. The damage waiver is charged at ten percent (10%) of the value of the total hire costs. Damage waiver is not insurance but is an agreement by Get Lit Event Rentals to limit the Client’s liability in certain circumstances for loss, theft, or damage to the Equipment to an amount called the damage waiver excess fee. The damage waiver excess fee is explained in clause 17.5 notwithstanding the limitations set out in clause 15.

17.2    For the purpose of this clause the term “Equipment” does not include any tools, accessories, parts, grease guns, hoses, electrical cords, lights, light globes, and other similar accessories, ground engaging tools, tracks, tyres, windscreens, mirrors, glass, and perspex.

17.3    The Client is not required to pay the damage waiver fee from the date the Client produces a certificate of currency for an appropriate policy of insurance that covers loss, theft, or damage to the Equipment during the hire period for an amount not less than the replacement value of the Equipment. For the avoidance of any doubt, the Client is liable to pay the damage waiver fee for that portion of the hire period where a certificate of currency required pursuant to the clause remains outstanding (“Uninsured Period”) and the Client is not entitled to any credit and/or reimbursement of the damage waiver fee charged and/or paid that relates to the Uninsured Period. The Client is responsible for any excess and any other costs associated with the Client’s insurance and the Client is responsible for any shortfall in repair or replacement costs of the Equipment following payment of any amount received under the Client’s insurance, including any loss Get Lit Event Rentals suffers as a result of not being able to hire the Equipment.

17.4    Where the Client has paid the damage waiver fee, Get Lit Event Rentals will waive it’s right to claim against the Client for loss, theft, or damage to the Equipment if:

(a)    for theft, the Client has promptly reported the incident to the police and provided Get Lit Event Rentals with a written police report;

(b)    the Client has co-operated with Get Lit Event Rentals and provided them with the details of the incident, including any written or photographic evidence Get Lit Event Rentals requires; and

(c)    the loss, theft or damage does not fall into one or more of the circumstances set out in clause 15.

17.5    The damage waiver excess for each item of Equipment is the amount calculated as follows:

(a)    replacement – where the Equipment is lost, stolen, or damaged beyond repair:

(i)    subject to clause 17.5(a)(ii), the damage waiver excess fee for each item of Equipment that is lost, stolen, or damaged beyond repair, will be the amount equal to the greater of:

1. five hundred ($ 500,00) Australian Dollars + GST or:
2. ten percent (10%) of the new replacement cost.

(ii)    where the new replacement cost is less than five hundred ($ 500.00) Australian Dollars, the damage waiver excess fee will be an amount equal to the new replacement cost.

(b)    repair – where the Equipment is partially damaged and can be repaired:

(i)    subject to clause 17.5(b)(ii), the damage waiver excess fee for each item of Equipment that is partially damaged and can be repaired will be the amount equal to the greater of:

500. five hundred ($ 500.00) Australian Dollars + GST or:
501. ten percent (10%) of the new replacement cost.

(ii)    where the repair cost of the Equipment is less than five hundred ($500.00) Australian Dollars, the damage waiver excess will be an amount equal to the lesser of the repair cost and the new replacement cost.

17.6    Even if the Client has paid the damage waiver fee, Get Lit Event Rentals will not waive its rights to claim against the Client for loss, theft or damage to the Equipment and the damage waiver will not apply if the loss, theft, or damage has arisen from anything referred to in clause 15 or if the loss, theft or damage:

(a)    has arisen as a result of the Client’s breach of a clause of this Contract;

(b)    has been caused by the Client’s negligent act or omission;

(c)    has arisen as a result of the Client’s use of the Equipment in violation of any laws;

(d)    has been caused by the Client’s failure to use the Equipment for its intended purpose or in accordance with Get Lit Event Rentals instructions or the manufacturer’s instructions;

(e)    occurs to the Equipment whilst it is located, used, loaded, unloaded, transported on or over water, dams, pools, wharves, bridges or vessels of any kind;

(f)    has been caused by a lack of lubrication or a failure to properly service or maintain the Equipment ;

(g)    has been caused by collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;

(h)    has been caused by the overloading of the Equipment or any components thereof;

(i)    is to motors or other electrical Equipment or components within the Equipment caused by electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment;

(j)    is caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, etc;

(k)    is caused by vandalism;

(l)    is to tyres or tubes; or

(m)    is to windscreens, mirrors, glass, or perspex.

 

18. Cancellation

18.1    Without prejudice to any other remedies Get Lit Event Rentals may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms of hire Get Lit Event Rentals may repossess the Equipment as per clause 11.2, or suspend or terminate the supply of Equipment to the Client and any of its other obligations under the terms and conditions. Get Lit Event Rentals will not be liable to the Client for any loss or damage the Client suffers because Get Lit Event Rentals has exercised its rights under this clause.

18.2    Get Lit Event Rentals may cancel these terms and conditions or cancel Delivery of Equipment at any time before the Equipment is delivered by giving written notice to the Client. On giving such notice Get Lit Event Rentals shall repay to the Client any sums paid in respect of the Charges. Get Lit Event Rentals shall not be liable for any loss or damage whatsoever arising from such cancellation.

18.3    In the event that the Client cancels Delivery of the Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by Get Lit Event Rentals as a direct result of the cancellation (including, but not limited to, any loss of profits).

 

19. Default and Consequences of Default

19.1    Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Get Lit Event Rentals sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

19.2    If the Client owes Get Lit Event Rentals any money the Client shall indemnify Get Lit Event Rentals from and against all costs and disbursements:

(a)    incurred; and/or

(b)    which would be incurred and/or

(c)    for which by the Client would be liable;

in regard to legal costs on a solicitor and own client basis, internal administration fees, Get Lit Event Rentals contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.

19.3    Further to any other rights or remedies Get Lit Event Rentals may have under this Contract, if the Client has made payment to Get Lit Event Rentals, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Get Lit Event Rentals under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.

19.4    Without prejudice to Get Lit Event Rentals other remedies at law Get Lit Event Rentals shall be entitled to cancel all or any part of any order of the Client which remains unperformed and all amounts owing to Get Lit Event Rentals shall, whether or not due for payment, become immediately payable in the event that:

(a)    any money payable to Get Lit Event Rentals becomes overdue, or in Get Lit Event Rentals opinion the Client will be unable to meet its payments as they fall due; or

(b)    the Client has exceeded any applicable credit limit provided by Get Lit Event Rentals;

(c)     the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d)    a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

 

20. Compliance with Laws

20.1    The Client and Get Lit Event Rentals shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the services.

Modern Slavery

20.2    For the purposes of this clause:

(a)    “Act” means the Modern Slavery Act 2018 (cth)

(b)    “Modern Slavery”, “Modern Slavery Statement” and “Reporting Entity” have the meanings given by the Act.

20.3    If the Client is a Reporting Entity, it shall comply with all of its obligations under the Act.

20.4    Whether the Client is a Reporting Entity or not, the Client shall:

(c)    use reasonable endeavours to identify, assess and address risks of modern slavery practices in its operations and supply chains;

(d)    use its reasonable endeavours to ensure that the personnel responsible for managing the operations and supply chains used for the purposes of the Contract have undertaken suitable training to identify and report Modern Slavery;

(e)    use its reasonable endeavours to ensure that if at any time the Client becomes aware of Modern Slavery practices in its operations and supply chains, the Client must as soon as reasonably practicable take all reasonable steps to address or remove these practices;

(f)    provide to Get Lit Event Rentals a copy of any Modern Slavery Statement that it submits under the Act within seven (7) days of so doing; and

(g)    within seven (7) days of Get Lit Event Rentals request (or such longer period as Get Lit Event Rentals agrees), provide to Get Lit Event Rentals any information or assistance reasonable requested by Get Lit Event Rentals;

(i)    concerning the Client’s compliance with the Act;

(ii)    concerning the Client’s operations and supply chains;

(iii)    to enable Get Lit Event Rentals to prepare a Modern Slavery Statement or otherwise comply with the Act; or

(iv)    to enable Get Lit Event Rentals to assess and address risks of Modern Slavery practices in its operations and supply chains.

20.5    The parties agree that in the circumstances a breach arises pursuant to this clause or the terms of the Act, the parties will try and resolve the breach by way of remediation and Get Lit Event Rentals will be able to terminate the Contract for any breach by the Client.

20.6    The Client warrants that any information supplied to Get Lit Event Rentals is true and accurate and may be relied upon for the purposes of the Act.

20.7    The Client shall indemnify Get Lit Event Rentals against any loss or liability suffered by Get Lit Event Rentals as a result of the Client’s breach of this clause 20.

 

21. Privacy Policy

21.1    All emails, documents, images, or other recorded information held or used by Get Lit Event Rentals is Personal Information, as defined and referred to in clause 21.3, and therefore considered Confidential Information. Get Lit Event Rentals acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Get Lit Event Rentals acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Get Lit Event Rentals that may result in serious harm to the Client, Get Lit Event Rentals will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.

21.2    Notwithstanding clause 21.1, privacy limitations will extend to Get Lit Event Rentals in respect of Cookies where the Client utilises Get Lit Event Rentals website to make enquiries. Get Lit Event Rentals agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:

(a)    IP address, browser, email client type and other similar details;

(b)    tracking website usage and traffic; and

(c)    reports are available to Get Lit Event Rentals when Get Lit Event Rentals sends an email to the Client, so Get Lit Event Rentals may collect and review that information (“collectively Personal Information”)

If the Client consents to Get Lit Event Rentals use of Cookies on Get Lit Event Rentals website and later wishes to withdraw that consent, the Client may manage and control Get Lit Event Rentals privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

21.3    The Client agrees for Get Lit Event Rentals to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by Get Lit Event Rentals.

21.4    The Client agrees that Get Lit Event Rentals may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a)    to assess an application by the Client; and/or

(b)    to notify other credit providers of a default by the Client; and/or

(c)    to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d)    to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

21.5    The Client consents to Get Lit Event Rentals being given a consumer credit report to collect overdue payment on commercial credit.

21.6    The Client agrees that personal credit information provided may be used and retained by Get Lit Event Rentals for the following purposes (and for other agreed purposes or required by):

(a)    the provision of Equipment; and/or

(b)    analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Equipment; and/or

(c)    processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d)    enabling the collection of amounts outstanding in relation to the Equipment.

21.7    Get Lit Event Rentals may give information about the Client to a CRB for the following purposes:

(a)    to obtain a consumer credit report;

(b)    allow the CRB to create or maintain a credit information file about the Client including credit history.

21.8    The information given to the CRB may include:

(a)    Personal Information as outlined in 21.3 above;

(b)    name of the credit provider and that Get Lit Event Rentals is a current credit provider to the Client;

(c)    whether the credit provider is a licensee;

(d)    type of consumer credit;

(e)    details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f)    advice of consumer credit defaults (provided Get Lit Event Rentals is a member of an approved QAIC External Disputes Resolution Scheme),overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Get Lit Event Rentals has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g)    information that, in the opinion of Get Lit Event Rentals, the Client has committed a serious credit infringement;

(h)    advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

21.9    The Client shall have the right to request (by e-mail) from Get Lit Event Rentals:

(a)    a copy of the Personal Information about the Client retained by Get Lit Event Rentals and the right to request that Get Lit Event Rentals correct any incorrect Personal Information; and

(b)    that Get Lit Event Rentals does not disclose any Personal Information about the Client for the purpose of direct marketing.

21.10    Get Lit Event Rentals will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

21.11    The Client can make a privacy complaint by contacting Get Lit Event Rentals via e-mail. Get Lit Event Rentals will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

 

22. Service of Notices

22.1    Any written notice given under this Contract shall be deemed to have been given and received:

(a)    by handing the notice to the other party, in person;

(b)    by leaving it at the address of the other party as stated in this Contract;

(c)    by sending it by registered post to the address of the other party as stated in this Contract;

(d)    if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;

(e)    if sent by email to the other party’s last known email address.

22.2    Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

23. Trusts

23.1    If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any Trust (“Trust”) then whether or not Get Lit Event Rentals may have notice of the Trust, the Client covenants with Get Lit Event Rentals as follows:

(a)    the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;

(b)    the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;

(c)    the Client will not without consent in writing of Get Lit Event Rentals (Get Lit Event Rentals will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:

(i)    the removal, replacement or retirement of the Client as trustee of the Trust;

(ii)    any alteration to or variation of the terms of the Trust;

(iii)    any advancement or distribution of capital of the Trust; or

(iv)    any resettlement of the trust property.

 

24. General

24.1    The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

24.2    These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which Get Lit Event Rentals has its principal place of business and are subject to the jurisdiction of the courts in Marchooydre, Queensland.

24.3    Subject to clause 14, Get Lit Event Rentals shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Get Lit Event Rentals of these terms and conditions (alternatively Get Lit Event Rentals liability shall be limited to damages which under no circumstances shall exceed the Charges).

24.4    Get Lit Event Rentals may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.

24.5    The Client cannot assign or licence without the written approval of Get Lit Event Rentals.

24.6    Get Lit Event Rentals may elect to subcontract out any part of the provision services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Get Lit Event Rentals sub-contractors without the authority of Get Lit Event Rentals.

24.7    The Client agrees that Get Lit Event Rentals may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Get Lit Event Rentals to provide Equipment on hire to the Client.

24.8    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed boarder lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.

24.9    This Contract and any subsequent hire agreement between Get Lit Event Rentals and the Client, shall constitute as the entire agreement between Get Lit Event Rentals and the Client, and the Client hereby acknowledges that no reliance is placed on any representation made by Get Lit Event Rentals that is not embodied in this Contract.

24.10    Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

25. Jumping Castle Adverse Weather and Safety Policy
    
    

25.1 The Hirer is Responsible For

(a) Supervising the Event at all times (Person 18 Years or Older)

(b) Record Injury, Incedent or Misconduct, keeping evidence, photo's etc

(c) Monitor Weather continuouly during the event using apps such as BOM, wind.willyweather.com.au etc

(d) Evacuating event in the case of present or forcasted adverse weather forcasting winds exceeding 30kph, rain, storms etc.

(e) Evacuating the event in the case of any Power Failure, Equipment Failure or any other incedent causing concern for safety

(f) In the event of the Inflatable being shut down evacuate all Patrons and clear them from the surrounding area prior to the power being shut off, undo zippers to help deflation, check all power is turned off and isolated.

(g) Prior to reinflating the inflatable check for damage to any power leads, power equipment and inflatables, check all tie down points are secure and the inflatable is clear of any hazzards or debris etc.

(h) Ensure all users remove footwear (except Socks) and any hard or sharp objects

(i) Ensure user do not consume drink or food while on the device

(j) Ensure users do no obstruct the entrance or exit of the device or play on the padded mat in the front of the device.

(k) Ensure User do not climb or hang on walls

(l)  Ensure User do not conduct flips or somersaults

(m) Ensure Users Over 1.6m in height do not entre device

(n) Ensure the entrance is clear of onlooker so the supervisor has clear view at all times of the device.

(o) Ensure all user are clear of the device when it is being inflated and deflated.

25.2 Delivery

For delivery of Inflatable Jumping Castles, the customer must be onsite to meet the Get Lit Event Rentals delivery driver. If no one is present onsite to accept the delivery, the hire will be cancelled. While onsite, the Get Lit Event Rentals staff member will advise the customer of all safety requirements.

25.3 Set up

Get Lit Event Rentals takes safety very seriously. Inflatable Jumping Castles are great fun but the wrong environment, incorrect installation or unsupervised use can cause a major risk.

Jumping Castles cannot be  set up on:

(a) Uneven ground

(b) Concrete

(c) Gravel

(d) Any surface where they cannot be safely secured to the ground

(e) Beneath overhead power lines

(f)Cover electrical services or underground irrigation

(g)Where it would compromise any emergency evacuation area.

25.4 Adverse Weather Policy

Get Lit Event Rentals Adverse Weather Policy is in place to ensure the safety of all involved. Before delivery of any Inflatable Jumping Castle, Get Lit Event Rentals will check the weather forecast for the area the event is to be held. If winds exceeding 30km, rain or any other severe weather is forecast, Get Lit Event Rentals will contact the customer to advise of the cancellation of the hire due to the adverse weather forecast. The customer may reschedule for a later date or request a full refund. All customers will be advised to monitor the weather for the duration of the rental using weather applications such as BOM or Willy Weather. In the event of unexpected wind exceeding 30 km, rain or any other severe weather following the delivery and set up of the Inflatable Jumping Castle; the customer must immediately remove all patrons from the Inflatable Jumping Castle, turn off and disconnect the power supply and extension lead and place them in a dry protected area. Undo the inflatable zippers to assist with deflation. Before reinflation, confirm weather conditions are suitable, check for damage and ensure all pegs and tie downs points are secure.