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Swans Lane Event Hire - Damage

You're in Charge:

• You're responsible for our equipment from delivery to pick-up, for any damage or loss, even with our Damage Waiver (which covers normal wear and tear only).
• Protect the equipment from the elements (weather) during your rental.

Damage Waiver Coverage:

Our Damage Waiver helps, but it excludes:

• Misuse (overload, improper use, etc.)
• Mysterious Disappearance
• Improper Use as per our Agreement
• Unknown Cause Damage
• Specific Stains/Burns (cigarette, red wine)

Our Responsibility:

Swans Lane Event Hire is not liable for any loss or damage caused by equipment use.

Booking Confirmation:

By booking with us (quote confirmation, deposit, or payment), you agree to our Terms & Conditions, including these Damage Terms.

Damaged Equipment Purchase:

In some cases, you may be able to purchase damaged equipment. We'll assess the damage and provide details if applicable.

AGREEMENT TO HIRE

These terms for the hire of goods and equipment is an agreement by you (‘you’, ‘your’) to hire goods

and equipment (‘Hire Items’) from Swan Lane Event Hire (ABN 86 666 901 588) (‘we’, ‘us’, ‘our’), be

that agreement made by SMS, email, facsimile or any other method of communication (the

‘Agreement’).

A quote outlining the price for the Hire Items and all related services (‘Price’) will be provided to you

with this Agreement and may be amended or updated from time to time by us (‘Quote”). The Quote

will specify the Hire Items, any services provided (‘Services’), the scheduled date for delivery and

installation of the Hire Items (‘Installation Date’) and the date we will collect all Hire Items from you

(‘Collection Date’).

This Agreement, including the Quote, will constitute the entire agreement between us and you and

supersedes all previous arrangements or agreements with you.

1. BINDING CONTRACT

1.1. This Agreement is entered into and will be binding on us and you when:

1.1.1. you accept the Quote by signing this Agreement or notify us by any means including

SMS, email or verbally; and/or

1.1.2. pay a non-refundable deposit equal to 30% of the Price (‘Booking Fee’).

1.2. You may accept this quote by signing this Agreement but if you fail to sign this Agreement

and pay the Booking Fee you confirm your acceptance to be bound by this Agreement.

1.3. All Hire Items are available as listed at the time the Quote is provided to you. We will

ensure that the Hire Items specified in the Quote are available for you if it is accepted

within 24 hours of the Quote being provided to you or within such shorter time as may be

specified in the Quote.

1.4. Until you have accepted the Quote, we may at any time withdraw it by any means,

including verbally, by email, SMS or letter to you.

1.5. We have no obligation to you to accept this Agreement or to supply the Hire Items if you

accept the Quote outside of the specified timeframe for acceptance.

1.6. This Agreement can only be accepted by both us and you.

1.7. If an acceptance is sent by any other person or company other than you, that person or

company will be deemed to be your agent and we may rely upon this acceptance by that

person or agent as being an acceptance by you.

1.8. We may, at our absolute discretion, where the acceptance is received from a person or

company other than you, require written confirmation by you that such acceptance is given

for and on your behalf and with your full authority. If we require such confirmation, then

the acceptance will not be deemed to have been communicated and received by us until

such confirmation is received by us.

2. TERMS OF PAYMENT

2.1. You are required to pay the Price as follows:

2.1.1. the Booking Fee on acceptance of the Quote and this Agreement;

2.1.2. the remainder of the Price (being 70%) (‘Final Payment’) fourteen (14) days before the

Installation Date; and

2.2. Any payments made to us must be made by direct debit or as otherwise directed by us.

2.3. All prices are quoted in Australian Dollars and are inclusive of GST, unless otherwise stated.

2.4. If payment is not made in accordance with this Agreement, we are not obliged to deliver

the Hire Items and may withhold delivery until such payment is made. You agree and

acknowledge that we are not responsible in any way for any delay or change to your event

as a result of any late or non-payments by you.

2.5. Notwithstanding clause 2.1, if any Hire Items require any custom work, manufacturing,

adaptions, or specific requirements to be made, we will require the Booking Fee and Final

Payment to be made at the time the Quote is accepted by you.

2.6. The purpose of the Booking Fee is to not only secure the Hire Items for the Installation

Date, but for costs and expenses to ensure we can provide the Hire Items in the manner

you require. The Booking Fee has also been set as liquidated damages as a genuine

estimate of loss suffered in the event that you cancel the Hire Items, regardless of whether

we are able to re-book the Hire Items. By paying the Booking Fee, you acknowledge and

accept that the Booking Fee is not refundable unless specified in this Agreement.

2.7. You acknowledge that through booking the Hire Items for the Installation Date, you accept

that we will suffer loss by declining other work for that date, from the date that you agree

to this Agreement.

2.8. The Booking Fee is not transferable to another date or another type of hire item (unless

otherwise provided within this Agreement), and the variation of your Installation Date

constitutes a new booking, subject once more to this Agreement.

3. THE HIRE ITEMS

3.1. In accordance with the terms of this Agreement, we will deliver and set up the Hire Items

on the Installation Date to the address specified in the Quote (‘Site’).

3.2. The Price is determined on the basis that the Site is easily accessible and available for the

delivery and collection of the Hire Items in accordance with the terms of this Agreement.

Any delays or difficulties in delivery or collection of the Hire Items will result in the Price

being amended and an additional invoice immediately issued to you for payment within

seven (7) days of the date of the invoice for all additional fees.

3.3. You must:

3.3.1. comply with our COVID safe plan, which we will provide information on prior to

delivery. Our COVID safe plan requires that all deliveries are made on a contactless

basis and that, where possible, our team do not use the Site facilities.

3.3.2. ensure that access to the Site accommodates a 6 metre long trailer that is 2.5 metres

high and 2.5 metres wide and that the set up site is within 20 metres of vehicle

access.

3.3.3. provide us with a floor plan of the Site seven (7) days prior to the Installation Date.

You agree and acknowledge that we will not be held liable for any Hire Items that are

delivered to, or left at, the wrong location;

3.3.4. provide all electricity and electrical items required for the Hire Items. You agree and

acknowledge that we will not be held liable for any electrical issues or malfunctions;

3.3.5. ensure that the Hire Items left outside for an extended period of time or exposed to

any moisture or heat. Further, all umbrellas must be closed during high winds; and

3.3.6. ensure that all indoor furnishings (including but not limited to couches, rugs and

chairs) are kept at all times within a weatherproof environment, never placed outside

for an extended period of time and kept well away from rain, wind and mud. You

agree and acknowledge that if rain is forecast and there is no indoor storage for the

Hire Items, we may refuse to deliver the Hire Items. In this circumstance you further

agree that all monies paid to that date will be non-refundable.

3.4. You agree and acknowledge that it is your responsibility to set up the market umbrellas and

to ensure they are secure and not damaged, including but not limited to, damage resulting

from high winds or weather conditions.

3.5. Any request to cancel or change the Hire Items must be submitted to us within seven (7)

days of the Installation Date. We reserve the right to accept or reject any such requests at

our full discretion.

3.6. The Hire Items will, at all times, remain our property. You have no legal or equitable

interest in the Hire Items or any part thereof. Your possession of the Hire Items (upon

delivery) will be as a Bailee for entire period including and between the Installation Date

and the Collection Date (‘Period of Hire’).

3.7. Upon delivery, the Hire Items must be inspected by you to determine whether the Hire

Items delivered are complete in accordance with this Agreement and are in good order and

working condition. You will on completion of the inspection be deemed to have satisfied

yourself that the Hire Items are suitable, fit and merchantable and capable of meeting all

the requirements of the Hire Items.

3.8. Any shortages or malfunctioning of the Hire Items must be notified by you to us, in writing,

within 24 hours of the Installation Date.

3.9. During the Period of Hire, and for any period of time you are in possession of the Hire

Items, you are a bailee of the Hire Items. In addition to all duties imposed at law upon

bailees, it is an essential term of this Agreement that you will:

3.9.1. At all times exercise all reasonable care and diligence in the use of the Hire Items

in accordance with Manufacturer’s or Owner’s specifications;

3.9.2. Where you have responsibility to return the Hire Items, you must return it in a

clean state and in good order and working condition to us at our address for

delivery on or prior to the expiration of the Period of Hire;

3.9.3. Where we are to collect the Hire Items at the expiration of the Period of Hire, you

must make them available for collection in a clean state and in good order and

working condition at the Site on the Collection Date;

3.9.4. Not tamper or in any way interfere with, or repair or attempt to repair the Hire

Items;

3.9.5. Be responsible for all accidental damage to the Hire Items, save and except

where, in our reasonable opinion, such damage is caused by us;

3.9.6. Be responsible for all loss or damage to the Hire Items including damage or loss to

any cartons, boxes and packaging, or any other damage, except for damage which

has been caused by reasonable wear and tear;

3.9.7. At no time during the Period of Hire part with possession of the Hire Items or in

any way deal with them in a manner inconsistent with our rights as owner;

3.9.8. Ensure that the Hire Items are secure at all times and where being stored in

unlocked premises, supply such security measures to ensure that the Hire Items

are secure at all times;

3.9.9. Keep the Hire Items safe at all times during the Period of Hire;

3.9.10. Not remove or deface any label, Manufacturer’s serial numbers or other marks

identifying the Hire Items and/or our ownership of the Hire Items; and

3.9.11. Not permit any person to improperly use the Hire Items.

3.11. In the event that the Hire Items or any part of them are lost, stolen or damaged during the

Period of Hire in circumstances where you bear responsibility under this Agreement, you

will be liable to us and will indemnify us for the cost and expenses of the replacement of

such lost or stolen Hire Items and/or for the replacement of Hire Items which, in our sole

determination, are damaged beyond repair and/or for the costs and expenses of repairing

or re-instating damaged Hire Items.

3.12. In the event that you fail or refuse for any reason whatsoever to return or make available

for collection the Hire Items to us at the expiration of the Period of Hire, then you will be in

breach of an essential term of this Agreement and without prejudice to any other rights

which we may have, either pursuant to this Agreement or at law, you will be liable to pay us

on a Day-Rate basis for the hiring for Hire Items for such further period.

3.13. For the purposes of this clause above, such further period of time will commence at the

expiration of the Period of Hire and conclude at the earliest to occur of, the date when the

Hire Items are returned to us in good working order and condition or the date when we

receive from you the full monetary compensation for the loss or damage to the Hire Items.

The loss or damage to the Hire Items will be the replacement cost of the Hire Items at that

time or, where the Hire Items cannot be replaced, the cost of new substitute Hire Items

that can substantially be used for the same purpose as the lost damaged or destroyed Hire

Items. In addition, you fully indemnify us for any other liability, loss or cost that we might

sustain as a consequence of us being unable to meet any other contractual obligation to

supply those Hire Items (or any other item thereof).

4. SERVICES

4.1. Where we provide Services for you at the Site, each of the following are Essential Terms of

this Agreement, which you must comply with. You must:

4.2. Ensure that we are able to access the Site at all times specified by us and at all other

reasonable times so as to enable us to provide the Services;

4.3. Ensure that the Hire Items when installed remain in place at the Site for the Period of Hire

and that the Site is not required for any other purpose which would require the Hire Items

to be dismantled and re-installed or which may put the whole or any part of the Hire Items

at risk of being lost damaged or destroyed;

4.4. Ensure that all access to the Site is given to us and that such time as is required by us is

available at the conclusion of the Period of Hire to enable us to dismantle and remove the

Hire Items from the Site;

4.5. Do all such things as are necessary to discharge your obligations under all applicable

Occupation Health and Safety legislation, regulations and codes of practice so as to ensure

that the Site and the Hire Items as installed are safe and free from defects and dangerous

conditions;

4.6. Ensure that where the Hire Items are being installed on any structure or held in place by

any structure that the structure is capable of holding the weight of the Hire Items and that

the structure is properly erected so as to be safe and so as to take the anticipated loads

involved in holding the Hire Items;

4.7. Ensure that the Site is safe for all of our employees and contractors to carry out the

Services required of us under this Agreement;

4.8. If we deliver the Hire Items to the Site, then we are responsible for the Hire Items until they

are delivered to you at the Site. If you collect the Hire Items from us and you will deliver

them to the Site, then you are responsible for the Hire Items as and from the time you

collect the Hire Items from our premises.

4.9. You acknowledge that we may in providing the Services be dependent upon other

contractors preparing the Site for the Hire Items or their installation. We will not be liable

for any delay in installing the Hire Items or for providing the Services where such delay is a

consequence of any act or omission.

4.10. It is the exclusive responsibility of you to ensure that:

4.10.1. The Site is safe for the installation and use of the Hire Items; and

4.10.2. All required facilities are available and are in place, are safe and in good working

order.

5. DEFAULT EVENTS

5.1. You will be in default if:

5.1.1. You breach any of your obligations under this Agreement and fail to remedy such

breach within seven (7) days of being requested by us to do so;

5.1.2. You breach any essential term of this Agreement;

5.1.3. Where you are a corporation that is insolvent, is wound-up or goes into

Liquidation or has an Administrator appointed to you or has a Receiver appointed

over any of your assets;

5.1.4. Where you are a natural person, you become insolvent or make an assignment for

the benefit of your creditors or commit an act of bankruptcy under

the Bankruptcy Act 1966 (Cth) or are declared.

5.2. On the happening of a default event we may, without prejudice to any of our other rights

either under this Agreement or at law and without previous notice to you, enter any Site

where we believe the Hire Items to be located, re-possess them and you hereby agree not

to make any claim or bring any action against us as a result of the re-possession of the Hire

Items.

5.3. You agree to indemnify us and keep us indemnified against any loss or liability expense or

cost which might be incurred by us in entering upon the Site and taking possession of the

Hire Items or any item thereof. Such indemnity covers any liability to any third party for

trespass or for damage to the Site occasioned through the entry upon the Site, the repossession

of the Hire Items or their removal from the area.

6. WARRANTIES

6.1. We warrant to you that the Hire Items will be provided using reasonable care and skill,

however, subject to any condition, warranty or right implied or imposed by the

Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be

excluded by agreement, or any express provision in this Agreement, we give no warranties

regarding any Hire Items supplied and all other implied or imposed conditions, warranties

and rights are excluded. Where any condition, warranty or right is implied or imposed by

law and cannot be excluded, we limit our liability for breach of that implied or imposed

condition, warranty or right to the fullest extent permitted by law.

6.2. Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, our

liability for any breach of any implied or imposed condition, warranty or right in connection

with the Hire Items is limited to one or more of the following (at the election of us):

6.2.1. The supply to you of substituted equivalent Hire Items; or

6.2.2. The payment of the costs of supplying to you substituted equivalent Hire Items; or

6.2.3. The repayment to you of the goods.

7. LIMITATION OF LIABILITY

7.1. Our liability is limited as follows:

7.1.1. We are not liable to you for any loss or damage which you might sustain as a

consequence of you ordering the wrong Hire Items or insufficient quantities of the

Hire Items or where the Hire Items are hired for a purpose which is outside of the

Hire Items’ function.

7.1.2. We are not liable for any damage or loss suffered by you as a consequence of any

late delivery of the Hire Items to the Site if you have agreed to the hire less than

24 hours prior to the required Installation Date.

7.1.3. We will have no liability where the Site is not prepared for the delivery and

installation of the Hire Items on the Installation Date.

7.1.4. We have no liability to you for any damage or loss which you might sustain where

the cause of that damage or loss is the negligence of you or any of your agents or

guests.

7.1.5. It is your responsibility to ensure that the Site is safe and you indemnify us 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 part of you to ensure that the Site

and the installation of the Hire Items is safe.

8. CANCELLATION AND CANCELLATION FEE

8.1. If you cancel this Agreement:

8.1.1. more than fourteen (14) days from the Installation Date you forfeit the Booking Fee

only; and

8.1.2. within fourteen (14) days from the Installation Date you forfeit the full Price, being

the Booking Fee and the Final Payment.

8.2. You agree and acknowledge that we have the right, at any time, to cancel this Agreement if

we:

8.2.1. Consider that you are not meeting your contractual obligations; or

8.2.2. You, in our reasonable opinion, make unreasonable or excessive demands; and

In both cases you will forfeit your Booking Fee.

8.3. In the event that you wish to change or postpone the Installation Date, this will be treated

as a cancellation in accordance with clause 8.1. Should you wish to book a further

installation date, you will be required to pay a new Booking Fee for a date that is mutually

acceptable to both us and you. All monies paid prior to cancellation are not transferrable to

a new installation date or booking fee.

9. FORCE MAJEURE

9.1. We will not be liable or responsible for any failure to perform, or the delay in performance

of, any of our obligations under the Agreement that is caused by any act or event beyond our

control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government

laws or regulations, electrical fire, strikes by vendors (known as ‘force majeure

circumstances’).

9.2. If a genuine force majeure circumstance occurs and means that the performance of our

obligations under the Agreement, has become impossible, we will contact you as soon as

reasonably possible to notify you. The provision of the Hire Items will be suspended and the

time for performance of our obligations under the Agreement will be extended for the

duration of that force majeure circumstance. This clause does not apply in circumstances

where an event outside of our control occurs, but the circumstances still make the booking

possible (notwithstanding any inconvenience or hardship).

9.3. If you cancel the Hire Items or wish to vary the Agreement because the alleged event outside

of our control causes mere inconvenience or changes the booking in a manner that does not

suit you, any fees and charges that are deemed non-refundable remain so and we are only

obliged to use our reasonable endeavours to provide an alternative date.

9.4. In genuine force majeure circumstances, we will endeavour to arrange a new time and date

for the provision of the Hire Items after the event outside of our control is over. Parties must

use all reasonable endeavours to mutually agree on a new date, but if the parties are unable

to agree on an alternative date, we will treat the Agreement as being terminated by you at

will and all monies paid to date, including the Booking Fee, will be forfeited. In force majeure

circumstances, where an alternative date can be mutually agreed, we will credit, where

possible, any amount paid already for that new date.

9.5. If you choose to have your Hire Items allocated again and an event beyond our control is

reasonably foreseeable, then the Agreement is varied at your own risk and we will not be liable

for any loss suffered as a result of the failure of your second allocation not being required. We are

under no obligation to provide a further date as a result of any cancellation or postponement.

10. GST

10.1. If, and to the extent, any supply of the Goods under the Agreement is a taxable supply

within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the

price for the Goods will be increased to include GST payable by the Supplier in respect of

the supply. All rebates, discounts or other reductions in price will be calculated on the GST

exclusive price.

11. NO SALE AND ACKNOWLEDGEMENT OF OWNERSHIP

11.1. This is a hiring agreement only and does not constitute or give rise to any sale of the Hire

Items to you, any hire purchase agreement or arrangement with you or any leasing

agreement that contains an option to purchase the Hire Items. The relationship between us

and you is limited to a relationship of owner and bailee in respect of the Hire Items.

11.2. You acknowledge that we are the sole exclusive owner of the Hire Items.

11.3. Nothing in this Agreement confers any right or option on you to purchase the Hire Items or

any part of them.

12. PRIVACY

By engaging us to provide the Hire Items, you acknowledge that you have read our Privacy Policy,

which can be found on our website.

13. JURISDICTION

This Agreement and any dispute relating to the same are governed exclusively by the laws of

Victoria. Any legal proceedings relating to them can only be taken in courts with jurisdiction in

Victoria.

14. SEVERABILITY AND WAIVER

14.1. If the whole or any part of a provision of this Agreement is or becomes invalid or

unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the

extent that it is invalid or unenforceable and whether it is in severable terms or not. This

does not apply if the severance of a provision of this Agreement in accordance with that

clause would materially affect or alter the nature or effect of the parties' obligations under

this Agreement.

14.2. Our failure to exercise or enforce any one or more of its rights under this Agreement will

not constitute a waiver of such rights unless such waiver is granted to you in writing.

15. AMENDMENTS AND VARIATIONS

We reserve the right to revise and update this Agreement by making any changes immediately

without notifying you, except by providing you with the amended terms. We may revise these

terms from time to time. The revised terms will take effect when we have provided them to you

and your continued usage of our Hire Items after any changes to these terms will mean you

accept those changes.

16. EXECUTION BY PARTIES

This Agreement must be executed by each authorised person named (unless the parties are an

incorporated entity). In instances where it is signed by one authorised person, that authorised

person acknowledges and warrants that they have the authorization to execute accept the

Agreement on behalf of the other authorised person. In doing so, they also warrant that the other

person has read and understood this Agreement prior to providing permission to accept.