DEFINITIONS

“Equipment” means the items (including any packing containers/boxes/materials) hired out by the Owner to the Hirer.

“Hirer” means any person, Company, Corporation or Government agency, or its representative who shall hire equipment or engage the services from the Owner.

“Owner” means What about Wendy, its Employees or Agents.

OWNERSHIP

The equipment supplied for hire remains at all times the property of the Owner “What about Wendy”

INSPECTION

All equipment is checked, counted and cleaned prior to dispatch. It is the Hirer’s responsibility to check all of the ordered equipment on delivery or collection. The Hirer acknowledges that they are aware of the proper use for which the equipment hired is designed and has inspected the equipment and expressly agrees that the equipment is:

– in clean condition

– in satisfactory working order

– is fit for the purpose and

– is of a quality and specifications as ordered.

PAYMENT

Payment of equipment and deposit must be made in full either prior to collection or on collection date agreed apon. A deposit of $50 for any hire of equipment is required regardless of quantity of hire equipment. Deposit will be refunded once goods are returned and received in a condition that the owner accepts.

ADDITIONAL CHARGES

Normal wear and tear is expected but any damaged or missing items are the responsibility of the Hirer and will need to be paid for by the Owner retaining part or all of the Bond. If charges for repairs or replacement costs (including any freight charges) are greater than the Bond kept then the further costs will need to be paid for by the Hirer within 7 days from the Hire date.

If on the return of the equipment to the owner the equipment is found by the owner to be not in a substantial working order, the Hirer shall pay to the owner the cost and expenses of restoring the equipment to a good working order. Hire items that include linen that are returned with burns, holes, rips and staple marks will be charged at full replacement cost. If linen is returned unclean with stains including but not limited to candle wax, mould, rust, graffiti or heavy food beverage stains that are unable to be restored to a clean condition by ordinary laundering procedures and require expert cleaning, then that cost will be charged to the Hirer at the appropriate rate. The Hirer accepts full responsibility to compensate the owner for the value of the equipment or parts thereof which may be lost or stolen from the time of commencement of the hire or delivery, whichever is earlier, until the equipment is returned to the owner’s premises or collected by the owner.

If Hire items are not returned by the date specified for DIY bookings or the day after as specified then late charges will be applied at a daily rate of 20% of the original hire charge..

CANCELLATIONS

If the Owner is unable to provide goods to the Hirer for reasons outside of its control then the Owner may make changes to the order or cancel the order even if full payment has been received. In these circumstances the Hirer will receive a full refund of payments made to date.

HIRER OBLIGATIONS

The Hirer must:

– accept responsibility for the equipment hired from the time of its delivery until collection or by return to the owner

– be responsible for checking the order is correct on delivery

– assume the risk of and indemnify and hold the owner harmless from and against any and all property damage and personal injury resulting from: the use of the equipment

– use the equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed;

– ensure all equipment is returned in a dry and properly packed condition and if being collected, is readily accessible.

Release and Indemnity

The Hirer hereby releases the owner from, and agrees to indemnify the owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person, death, loss of income or damage caused to the Hirer or its property arising directly or indirectly out of the hire or use of the equipment by the Hirer.

Removal

The Hirer must not remove the equipment from the delivery site, without the written consent of the owner, except for the purpose of returning the goods to the owner’s premises.

Force Majeure

If the owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of god, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.

ACCEPTANCE OF TERMS AND CONDITIONS

The Hirer is deemed to have accepted these Terms & Conditions once the Deposit payment is made.