Terms & Conditions of Rental Agreement


TERMS & CONDITIONS OF RENTAL AGREEMENT

Terms used: “Our” or “Company” refers to Party Heads Jukebox & Party Hire. “You”, “Your”, “Hirer” or “Customer” refers to YOU, the customer, company or organisation. “Representative” refers to a Party Heads Jukebox & Party Hire Employee or any persons or company contracted or assigned by Party Heads Jukebox & Party Hire.

1. Any equipment or package hired or booked from Party Heads Jukebox & Party Hire forms part of our Terms and Conditions of Hire or Rental and the Hirer agrees to these Terms and Conditions upon booking any package or equipment. All payments must be paid for in either cash upon delivery (if agreed to in advance by Party Heads Jukebox & Party Hire) or by Bank Transfer - no mobile payment facilities are available on our vehicles.

2. Party Heads Jukebox & Party Hire has the right to assign any hire agreement to a third party, being any persons, company or organisation appointed by Party Heads Jukebox & Party Hire in respect of this agreement, however any such assignment will in no way affect the Hirer's rights under this agreement nor will it affect the item/s hired or the hire prices.

3. The hire period will last from the time of delivery until the time of pickup, which will be discussed and agreed between the Hirer and Party Heads Jukebox & Party Hire. If the Hirer does not present the machine / equipment to Party Heads Jukebox & Party Hire or a representative of Party Heads Jukebox & Party Hire on the date when the equipment hired has been agreed to be returned or picked up, the Hirer will incur an additional day or day's hire charge/s based on the original hire prices. The original hire charges will be incurred on all full or partial days beyond the end of the rental period until the equipment is returned.

4. The Hirer will return or have ready for collection the equipment to Party Heads Jukebox & Party Hire in the same good and clean (see below) condition as received. If the equipment is damaged before the Hirer returns it, the Hirer will be responsible and liable for the cost of repair, up to the replacement cost of the equipment. If the equipment is lost or stolen before the Hirer can return it or before Party Heads Jukebox & Party Hire collects it, the Hirer will pay Party Heads Jukebox & Party Hire its replacement cost. The Hirer also agrees that all machines / equipment supplied is suitable for the purpose in which it was hired for and that the Hirer will only accept delivery upon being satisfied that the machine / equipment is fit for purpose and undamaged.

Cleaning:

Prior to collection the Hirer must ensure the inside of the cool room / portaloo is properly cleaned & in the same condition as it was received. A minimum fee of $50 will apply for cleaning with additional fees for extensive cleaning charged at a rate of $1.00 per minute.  The Hirer must also ensure that all other equipment / items are clean and in the same clean condition as was received.We would prefer not to charge our customers a cleaning fee. We would also prefer not to pay our staff to clean these items. Unfortunately our staff will not work for free; therefore this expense will be passed on to the Hirer.

5. Party Heads Jukebox & Party Hire reserves the right to replace your designated machine at any time if the original machine is deemed to be faulty and not working. The customer accepts that if a back-up machine is required due to fault of the original machine, a different model of machine not shown on our website or publicised may be used.

6. Party Heads Jukebox & Party Hire reserves the right NOT TO set up a machine if the environment is deemed to be unsafe for the machine and/or our driver to set up, this can be due, but not limited to if the location is not safely accessible due to stairs, elevation and steep descents, free roaming dogs on the property or reasons to believe that our driver or equipment could be at risk or abused. 7. If the Hirer, a friend of a Hirer or any other persons help our driver or representative to move or set up the machine, this is at the customers or customers friends decision and we do not accept any responsibility whatsoever if the customer, the customers friend or any other persons known by the customer for injuries to themselves in any way.

8. All our pre-mixes are supplied non-alcoholic and the Hirer assumes responsibility in the responsible service of alcohol if they add alcohol to our non alcoholic premix or to our machines.

9. If a machine does not freeze due to the environment it has to be placed in (e.g. cramped area, no ventilation, and non air-conditioned area, in direct sunlight or outside in very hot weather) or if the power supply is not suitable to keep the machine running, the Hirer will still be required to pay the full amount.

10. Party Heads Jukebox & Party Hire reserves the right to change or adjust prices due to seasonal fluctuations.

11.  Delivery charges may apply, as quoted by Party Heads Jukebox & Party Hire.

12. The Hirer agrees on booking to advise Party Heads Jukebox & Party Hire if there is steep terrain, stairs, uneven ground, high-rise delivery or any such obstacles that may hamper, impede or put any persons in danger whilst delivering so we can make arrangements for delivery. Party Heads Jukebox & Party Hire reserves the right not to deliver a cocktail/slushie machine if this information is withheld either purposely or accidentally from us.

13. The Hirer must provide a standard power point and a sturdy table or bench for the cocktail/slushie machine to sit on. Plastic trestle tables or glass tables cannot be used.

14. A late collection fee of up to $50 will be payable by the Hirer if the jukebox is not available for collection on the set collection day and time arranged (ie. house is locked or unattended).

15. If Police take possession of hired items, a fee of $250 will be paid by hirer to pick up from Police Station.

16. The Hirer is the person totally responsible for the safe keeping of the jukebox from the delivery time to the pick-up time. Any damaged / lost / stolen equipment will be paid for by the hirer immediately on demand by Party Heads Jukebox & Party Hire.

17. The Hirer will at all times comply with the instructions relating to the operation and handling of the jukebox which will be discussed at time of delivery.

18. The hirer shall be responsible for ensuring that all hire equipment is kept undercover at all times and is not exposed to rain, water, high humidity, direct sunlight, heat or any other damaging factor.

19. Party Heads Jukebox & Party Hire can only mix the cocktails, nothing else can go into the mix, or you will be liable for damages to the machine.

20. *** VERY IMPORTANT *** POWER CONNECTION & POSITIONING Party Heads Jukebox & Party Hire will supply up to 10 meter extension cord if necessary (NOT a plug board). All hire equipment is to be kept under a permanent shelter or marquee with side walls (for protection against the weather – NOT UNDER A TARPAULIN OR IN THE OPEN AIR). It must be placed on a stable wooden platform or cement slab and or hired dance floor for protection against dirt or mud if used in a marquee. Jukebox not to be moved after we deliver and setup or you are liable for damage.

21. If the Hirer is in possession of the jukebox & other equipment over night the Hirer will be responsible for storing the equipment in a lockable room. The jukebox shall be moved to and from that lockable room in accordance with the instructions given at time of delivery.

22. If the Hirer’s function is held at an address other than a private residence (for example a hall, school or non-secure club etc.) the Jukebox and other equipment for hire must be collected by Party Heads Jukebox & Party Hire immediately after the function. An after-hours fee for collection by Party Heads Jukebox & Party Hire will apply. If no one is there when we arrive at the agreed time THE $100 BOND fee will be charged to come back again to a hall etc. If the venue isn’t open on a Sunday to collect, a $50 fee will be charged. $50 if you request a certain time to deliver.

23. All bookings are subject to availability.

24. The Hirer is to ensure adequate safety measures are adopted at the site.

25. The Hirer is to use the equipment in a proper manner and in accordance with any instructions available for the equipment. Furniture and electrical items are not to be left in areas where they may get wet.

26. The Hirer must ensure their guests and users of the equipment are aware of these conditions.

27. An adult must supervise all children using, or in the vicinity of, the equipment at all times.

28. For the purposes of repossessing the equipment, Party Heads Jukebox & Party Hire may enter into or upon any premises where the equipment may be held without prejudice to the rights of the owner to recover from the Hirer any moneys due hereunder or any damages for breach hereof and the Hirer indemnifies Party Heads Jukebox & Party Hire in respect of any claims, damages or expenses arising out of any action taken under this clause.

29. Party Heads Jukebox & Party Hire shall not accept any consequential costs or damages arising from the failure, delay, bad weather or malfunction of the equipment. The Hirer is responsible for taking precautions to ensure alternative arrangements are made in such a situation.

30. The laws of QLD shall govern this agreement. Address for any legal proceedings brought in connection with this hire contract shall be in QLD.

31. The Hirer agrees to defend, indemnify, assume liability for and hold Party Heads Jukebox & Party Hire harmless from any and all claims, demands, damages, losses, lawsuits, proceedings, penalties, expenses or any other liabilities including attorney fees and court costs, arising out of or resulting from the use of any equipment or machine, regardless of the basis. The Hirer hereby releases Party Heads Jukebox & Party Hire from and agrees to indemnify Party Heads Jukebox & Party Hire in respect of any third party claims (any persons or entities who are not parties to this agreement), actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the equipment by the Hirer.

32. The Hirer shall be bound by these Terms & Conditions, whether signed by the Hirer or his / her Agents, employees, servants, representatives or contractors.  Refer to No. 37 Acceptance.

33. The place of delivery as advised by the Hirer, and the placement of any of our machines or equipment within the advised delivery address is where our machines or equipment MUST remain, our machines or equipment under NO circumstances should be moved from their original point of placement. If our machine/s or equipment has been moved additional charges may apply as we have to have our technicians check the machine over for any displacement within our machines or equipment.

34. The Hirer cannot transfer this contract to any other person/s or party without the prior written consent of Party Heads Jukebox & Party Hire.

35. Any changes to the original hire agreement/contract must be in writing and signed by both the Hirer and Party Heads Jukebox & Party Hire. Oral agreements are non-binding. The latest agreement/contract supersedes all previous contracts between the Hirer and Party Heads Jukebox & Party Hire for the specific hire listed. This agreement binds and benefits the heirs, successors and assignees of the parties.

36. Deposits: On some hire items, a booking deposit is required which is forfeited if the item is cancelled.

37. Acceptance: Written or email acceptance of these Terms & Conditions of Hire must be received by Party Heads Jukebox & Party Hire prior to the commencement of the provision of equipment or services.  In the event that equipment or services are provided by Party Heads Jukebox & Party Hire prior to receiving written acceptance, the absence of any written objection to such provision shall be deemed acceptance of the Terms & Conditions of Hire as set out above and below.  The laws of Queensland, Australia shall govern the terms and conditions of this agreement and it is agreed that Brisbane, Queensland provides the appropriate venue for any action due as a result of any dispute or breach of agreement between the parties arising hereunder.

38. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.

Cool Room Terms and Conditions

Delivery & Installation:

Party Heads Jukebox & Party Hire delivers & installs all cool rooms for the convenience of our customers. As cool rooms take up to several hours to refrigerate some products, customers are advised to consider delivery well in advance of their event or stock cool room with pre chilled beverages & perishables.

It is the customer / hirer’s responsibility to check that the delivery date & address clearly stated on the invoice / booking form is correct. The hirer will be charged additionally for any inconvenience incurred due to incorrect delivery address or dates where our representative may attend & is unable to complete delivery.

A level site with acceptable vehicular access is required for cool room hire. The hirer is obliged to ensure our vehicle has unrestricted access to the installation point where our cool room can be safely locked in place without the possibility of becoming bogged or being damaged by trees or falling branches. Should our representative arrive onsite to find this is not the case, they may decline to install the cool room at their discretion & no refund will be given.

For safety purposes a wheel clamp will be supplied to lock the cool room in place. At no time is the wheel clamp to be removed without the express written permission of Party Heads Jukebox & Party Hire.

To install & operate cool room, power must be accessible within 25m of the set up site. A standard 3 point, 10amp power socket is required. Failing this a generator no less than 10KVA must be provided. The cool room will be taken off site & refund will not be provided if power is not accessible.  Party Heads Jukebox & Party Hire’s cool room requires 10KVA to operate and the Hirer must ensure the generator being used is powerful enough to run the cool room and any other equipment they may be using.  Any damage caused to the cool room from the use of a generator is to be paid for by the Hirer.  The intended use of the said generator must be advised to Party Heads Jukebox & Party Hire upon booking and must be agreed to by Party Heads Jukebox & Party Hire.

In the event that the cool room is to be delivered & installed in a public place such as a park or council land etc. it is the responsibility of the hirer to procure the relevant permits required. Party Heads Jukebox & Party Hire will require copies of said documents prior to delivery. Further to this any fines or penalties as a result of incorrect or unlawful positioning of cool room will be at the hirer’s expense.

By confirming cool room hire the customer authorises Party Heads Jukebox & Party Hire to access the property stated on the booking / invoice for both delivery & collection. This authority extends to our vehicles, cool rooms & other hire equipment. Although all reasonable care will be taken Party Heads Jukebox & Party Hire are in no way liable to the hirer or any third parties for damages caused by our vehicle or equipment as a result of delivery & collection.

Collection:

The hirer must ensure that Party Heads Jukebox & Party Hire has unhindered access to the property in order to retrieve cool room & other hire equipment on the collection / end date stated on the invoice / booking form. Should our representative attend the property on the specified collection date & not have access, an additional collection fee will be charged & an additional day’s hire fee may be incurred.

Cleaning:

Prior to collection the hirer must ensure the inside of the cool room is properly cleaned & in the same condition as it was received. A minimum fee of $50 will apply for cleaning with additional fees for extensive cleaning charged at a rate of $1.00 per minute.

We would prefer not to charge our clients a cleaning fee. We would also prefer not to pay our staff to clean cool rooms. Unfortunately our staff will not work for free; therefore this expense will be passed on to the hirer.

Use & Operation:

At all times cool rooms & any additional hire equipment should be used in a proper, lawful & responsible fashion. The hirer is obliged to ensure that the site is secure to prevent damage, vandalism or theft of all Party Heads Jukebox & Party Hire’s property.

At no time are Party Heads Jukebox & Party Hire’s logos, labels or advertising to be covered, removed or defaced. Nor should our cool room’s internal fixtures, registration plates, spare wheels or external housing be tampered with.

Ensure that the cool room door is not left open for extended periods of time.

In the rare event that the cool room should fail to refrigerate or break down the hirer will not under any circumstance make any attempt to repair the equipment without the express written permission of Party Heads Jukebox & Party Hire.

Breakdown & Emergency Call Out:

The hirer has a duty of care to make certain that the equipment hired is suitable for the intended purpose & they are satisfied that the equipment is in good working order upon installation. Should the hirer be unavailable at the time of delivery then they agree in good faith that Party Heads Jukebox & Party Hire have delivered & installed equipment in good working order or provide a nominee to accept & sign for delivery as their proxy.

In the event that the cool room fails or breaks down the hirer should contact Party Heads Jukebox & Party Hire immediately, making no attempt to repair equipment without our express written permission.

Party Heads Jukebox & Party Hire will repair or replace the cool room at no cost to the hirer if the failure is found to be caused by reasonable wear & tear and not misuse or negligence by the hirer. If a repair or replacement cannot be affected immediately Party Heads Jukebox & Party Hire will provide a full refund of the breakdown period.

In the event that the failure or breakdown is caused by negligence or misuse of the hirer, replacement and / or repair will be at the expense of the hirer.

Party Heads Jukebox & Party Hire do not replace or reimburse funds for spoiled stock nor do we assume responsibility to relocate perishables should a breakdown occur. Party Heads Jukebox & Party Hire are not in any way obliged to recompense the hirer for any damages or losses as a result of breakdown or failure of the cool room. This extends to wear & tear, negligence on the part of Party Heads Jukebox & Party Hire or for any other reason.

Damage to Cool rooms & Equipment:

The hirer has a duty of care in regards to the security, proper use & reasonable maintenance of equipment during the hire period. Any damage or loss of equipment during this time is the hirer’s responsibility. The hirer will recompense Party Heads Jukebox & Party Hire for any & all expenses incurred as a result of damage or theft whilst in the hirer’s care.

Injury or Damage to property:

The hirer shall accept all responsibility for any injury to persons or damage to property that may arise by the use of any equipment hereby hired, however such injury may occur or be caused.

The hirer indemnifies Party Heads Jukebox & Party Hire in relation to all damages, expenses & claims by any & all third parties & their property.

Cancellations & Refunds:

All deposits & payments are considered final & non-refundable upon cancellation as other bookings are likely to have been declined.

Party Heads Jukebox & Party Hire understand that sometimes circumstances are out of our control & events dates must be changed or postponed. In this case we are happy to transfer previous payments & hire period to a mutually convenient date at no additional charge.

In the event that Party Heads Jukebox & Party Hire believes the customer has provided ample notice, giving us reasonable time to rehire the equipment a refund will be provided less an administration fee of $50.00.

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Party Heads Customer Agreement