1. DEFINITIONS In these conditions 'Owner' means Pumped up Fun and the 'Hirer' means any Person, Business, Company, Associat ion or Corporation who
shall hire any goods or servicesf rom the Owner. Goods' means hired equipment & accessoriesa nd 'services'm eans, set up, pack up, operation, supervision,
delivery, collection, administration and any additional services provided to the Hirer or the hirer's personnel.
2. RISK The Hirer acknowledges and accepts that there is an element of risk in proceeding with the hiring of goods despite due care being taken by the Owner
to eliminate, reduce or manage risks in an effort to reduce their likelihood &/or severity. All amusements must be supervised at all times and the rules of use for
participantsa nd supervisorsf ollowed and enforced. Where applicable, additional instructions provided by the owner must be followed. All personsu sing the
equipment do so at their own risk.
3. HAZARDS The Hirer must advise the Owner of any hazards on site before entry that the Hirer has not been able to eliminate, including but not limited to:
overhead power lines, underground services (eg water pipes, elect ricity cables, sewerage, telecommunication cables), boggy &/or potholed ground, guard dogs
& electric fences. A site map is to be provided to the Owner prior to set up, clearly noting any hazards and the location of underground & above ground
services. Any injury or expense incurred by the Owner whilst on site as a direct or indirect result of the Hirer failing to eliminate or advise the Owner of such
hazards is the Hirer's onus and liability.
4. MOVING GOODS Equipment shall not be moved or shifted without consent of the Owner.
5. CLEANING It is expected that the Owner's goods be returned in a condition consumerate with how they were provided. General wear and tear excepted, an
additional charge is payablef or cleaning where goods are returned in an excessivelyu ncleanc ondition.
6. INSURANCE The Owner carries $20million public liability insurance and can supply a certificate of currency upon request.
7. EQUIPMENT INSURANCE LIMITATIONS The Hirer acknowledges and accepts as a risk of hire that the owner's equipment insurance excludes cover in
certain instances including, but not limited to,
A. WATER DAMAGE caused by or arising from tidal wave, action of the sea, storm surge, flood or high water. Providing instructions to the Owner to position
the equipment in a location where such conditions may cause damage to the Owner's equipment is done so entirely at the Hirer's risk.
B. SECURITY All goods supplied for functions to be held in public places or unsecured private properties are the sole responsibility of the Hirer, who is required
to supply either supervision, security or insurance for the hire term covering all of the Owner's goods supplied.
C. REPAIR OR REPLACEMENT Where goods are stolen whilst on hire or in a damaged or non-working condition at the end of the hire period an additional
charge is payable by the Hirer for repair or replacement. The Hirer will pay for the commercial repair or the current replacement cost in full for irrepairably
damaged goods (fixed, by suppliers quote to the Owner) plus any loss of business until the item is replaced.
8. DELIVERY & COLLECTION OF GOODS The Hirer grants irrevocable permission for the Owner to enter upon any premises or property to deliver hired goods
and to recover, examine or repair the same. All hired goods need to be in an accessible position for easy unloading, set up, pack up and loading. The Owner's
vehicle on site may not be 4WD and cannot be expected to leave the carriageway. Any extra expense incurred by the Owner as a result of waiting to gain
access,a dditional time incurred from excessivec artage distance,t ow truck hire fees &/or other expensesd irectly realated to the Hirer not providing suitable
access is payable by the Hirer.
9. PERMITS It is the Hirer's responsibility to obtain any permits and pay any Council fees that are required.
10. TRADING TERMS Unless a trading account is held with the Hirer, full payment is to have been received by the date of the scheduled delivery. Trading
account terms are net seven days (7) days from date of invoice. A $1 O late fee may be charged every 2 weeks past the due date. In addition to any other rights
of the Owner, all payments not made when due and payable (including any additional charges for repair or replacement or surcharges), shall bear interest on
the amount outstanding at the rate of two (2) percent per calendar month (or part thereof) from the date upon which payment should have been paid until
payment in full is made. Any expenses incurred in debt recovery are liable by the Hirer where applicable.
11. DEPOSITS A deposit equivalent to 25% of the total order value is required to be paid to guarantee availability of the goods and services ordered. Where
this has not been paid the Owner cannot guarantee that the goods and services ordered will still be available on the date required and nor can delivery be
undertaken unless at the discretion of Management.
12. POSTPONEMENTS Where the Hirer chooses to postpone an event, then so long as no delivery took place and no loading of the van was already completed,
then 100% of the monies paid by the Hirer can be applied as a credit to the Hirer's subsequent order (ie the new postponed date) so long as it is with in 12
months and 1 day of the original event date.
13.CANCELLATIONS A cancellation fee equivalent to 25% of the total order value shall be payable if the Hirer cancels the order without a postponement date
between the quote approval date and up to 48 hours before the nominated delivery date/time; If the Hirer cancels the order without a postponsement date 48
hours or less before the nominated delivery date/time then 100% of the total hire value shall be payable. In the event of severe wind &/or storm our amusements
cannot be safely set up or used. You have the choice in this instance to postpone the hire of the equipment, (see clause 12) or cancel your order entirely (in which
case no refunds will apply) or instruct us to load and deliver the goods and personnel as ordered knowing there is a risk that if the weather doesn't clear up we
may not be able to set up the equipment and no refunds will apply.
14. REFUNDS & CREDITS Where a bond has been paid this shall be refunded in full only once checks have been done to ensure all of the goods have been
returned in a clean, working and undamaged condition. Costs incurred in fuel, freight, consumables and labour are non-refundable.
15.SURCHARGES A 15% surcharge applies to all orders falling on a public holiday. Cleaning fees apply where equipment is returned in an excessivelyd irty
condition. Additional supervisors requested by the Hirer or additional hire time of equipment &/or supervisors requested by the Hirer in excess of the agreed
contract will incur a surcharge, consistent with the pro-rata hourly rate charged for all staff and goods impacted by the delay. Surcharges may apply where the
Hirer contributes to delays in gaining access to the site or any other occurrence which impacts on the usual and reasonable time expected fo r the Owner to
undertake their services.
16A. INDEMNITY The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner's servants and agents from all damages, suits,
actions, claims, and demands of every description whatsoever and howsoever arising directly or indirectly from the use, maintenance, transport, assembly,
disassembly, supervision, operation of the goods or otherwise, whether as a result from the negligence of the Owner, its servants or agents or otherwise.
168. EXCLUSION OF LIABILITY The Owner shall not be liable to the Hirer or the Hirer's servants or agents for any damages, suits, claims.and demands of every
descriptionw hatsoever and howsoevera rising either directly or indirectlyf rom representations,w arranties, terms and conditions, expresso r implied (except in so
far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the TradeP racticesA ct (1974) or relevant State Legislation) use, or
maintenance, transport, assembly, disassembly, operation or the goods or otherwise and whether resulting from the negligence of the Owner its servants or
agents or otherwise.
16C. OPERATION OF CLAUSES 16A AND 16B Clauses 16A and 168 hereof to the extent to they are inconsistent with other clauses, terms, and conditions of
this Agreement are to override such clauses and be of paramount force. This agreement is governed by the laws of Queensland Australia.