Terms of Hire

Last updated: December, 2021

Definitions

1.1 “Top Hire Ltd” refers to the owner of the goods and the provider of associated services.
1.2 “The Hirer” refers to the customer of Top Hire Ltd and to the person, Company or individual that ordered the goods and/or services.

Term of Hire

2.1 The hire period starts from the time the equipment is delivered to the Hirer’s site or in the case of a collection from the time the equipment is collected from Top Hire Ltd premises.  The hire period ends when the equipment is collected complete from the Hirer’s site or it is returned complete to Top Hire Ltd premises.  In the case of Hirer returns, penalty charges shall be incurred at the daily hire rate for each day that the equipment is late.

2.2 Standard Term of Hire: 2 days & 1 night, charged as one day’s hire

2.3 Extended Terms of Hire:

2-3 days – charged as 1.5 day’s hire
4-5 days charged as 2 day’s hire
6-7 days charged as 3 day’s hire

2.4 Top Hire Ltd may terminate the hire with full refund at any time by giving the Hirer 48 hours written notice. Top Hire Ltd shall not be responsible to the Hirer for any loss arising as a result of such termination.

Quotation

Where Top Hire Ltd gives a quotation for goods and services: The quotation shall be valid for thirty (30) days from the date of issue and the quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary. Changes to the order may incur additional charges to be paid in accordance with the payment terms in this agreement. Additional charges invoiced within 14 days of the event must be paid immediately. A deposit is required to secure the booking.

Payment

At Top Hire Ltd’s discretion, a refundable damage/cleaning bond may be required at the commencement of the hire period. If a bond is required then it shall be stated in writing. The value of the bond will be determined by the items being hired.

Top Hire Ltd does not offer credit to its customers. A Deposit of 20% of the total hire value will be charged with order to secure the booking. Payment of the balance including bond in full is required no later than 2 weeks (14 days) prior to the event. In the event that payment is not received in full by this time Top Hire Ltd reserves the right to retain the Deposit and cancel the booking.

Cancellation Policy

5.1 COVID-19 Cancellations: All bookings can be cancelled at any time before the install day of the event. Full refunds will be given.

5.2 All bookings, alterations, or cancellations must be in writing.

Delivery and Removal of equipment:

6.1 The Hirer is responsible for providing Top Hire Ltd with a plan of where the equipment shall be erected or alternatively shall have a representative on site for that purpose.  If the Hirer does not provide a plan or have a representative on site, Top Hire Ltd may erect the marquees and equipment where it considers fit. Additional travel time may be charged if the Hirer’s representative is not available at the scheduled time.

6.2 Top Hire Ltd will be granted permission by the Hirer to access the Hirer’s property with vehicles. Top Hire Ltd will not be responsible to the Hirer or any other third parties for damage to driveways, lawns, pathways, or underground services due to the weight of Top Hire Ltd (or associated) vehicles.

6.3 Top Hire Ltd shall not be under any liability whatsoever in respect of damage to drains, pipes or cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drains, pipes and cables is provided at the commencement of the installation.

6.4 Any specific collection and delivery instructions are to be notified by the Hirer at the time of ordering and in writing. It is the Hirer’s responsibility to notify Top Hire Ltd of any specific access obstructions, restrictions, underground drains, power or water services or overhead services that may be vulnerable or cause an obstruction or delay during the delivery, installation or collection process.  If any of the above are not notified and subsequently cause an impediment to the installation, Top Hire Ltd reserves the right to rescind the contract or charge for additional time required to execute its duties.

6.5 The Hirer shall be liable for any extra or unforeseen costs, losses or damages as a result of obstructions or other problems inhibiting or delaying the erection or dismantling process.

6.6 Any delivery costs including road tolls and vehicle or trailer hire are to be paid by the Hirer.

6.7 Deliveries left at unattended premises are left at the Hirer’s risk. Full replacement costs will be charged for stolen equipment or Marquees.

6.8 The Hirer or his authorised agent must be present when the staff of Top Hire Ltd repossess the equipment. If the Hirer fails to be present, he shall not be entitled to subsequently dispute the amount of, or condition of, the equipment recorded in writing as returned by Top Hire Ltd at the time of return.

Damage

7.1 Upon delivery or collection of goods, the Hirer becomes responsible for all and every risk, loss, or damage, and will be chargeable in respect thereof.

7.2 Top Hire Ltd’s Marquees can only be erected on flat lawns or soft ground capable of taking a one-metre stake and withstanding the weight of vehicles.  In special cases, they can be erected on flat concrete. They cannot be erected on other hard surfaces, or beaches, or held in place using weights/blocks unless specified in writing.

7.3 Damage resulting from Hirer misuse shall not lead to refund or a reduction in the hire period or the price payable from the Hirer to Top Hire Ltd.

7.4 The Hirer shall be liable to pay Top Hire Ltd for the cost of any repair and/or cleaning required to return the Goods to a condition fit for re-hire and to pay the Charges until such repairs and/or cleaning have been completed if the Goods are retrieved in a damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Goods,

7.5 The Hirer shall pay to Top Hire Ltd the full replacement cost of any Goods which are lost, stolen or damaged beyond reasonable repair during the Hire Period. A certificate by Top Hire Ltd certifying such replacement cost shall be final and binding on the parties and shall be sufficient for the purposes of obtaining summary judgment against The Hirer. The Hirer shall pay the hire charges for the Goods up to and including the date it notifies Top Hire Ltd that the Goods have been lost, stolen and/or damaged beyond reasonable repair. From that date until Top Hire Ltd has replaced such Goods, The Hirer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Charges that would have applied for such Goods for that period.

7.6 Top Hire Ltd’s equipment may not be new, but when delivered to a Hirer’s site or collected from Top Hire Ltd’s premises all equipment will be in good condition and suitable for its intended use. The Hirer is responsible for satisfying himself that the equipment hired is suitable for their intended use. The Hirer is responsible for inspecting the equipment on delivery; any issues must be notified prior to Top Hire Ltd departing after installation.

7.7 Linen Specific: Extra laundry charges may be incurred if linen requires extra treatment to remove mildew, red wine, food stains and candlewax. Full replacement costs will incur if the linen is permanently damaged.

7.8 The Hirer agrees to pay any costs of collection and all legal fees incurred by Top Hire Ltd in the event of legal action becoming necessary.

Weather and Exposure

8.1 Top Hire Ltd reserves the right to remove or refuse to install the Marquee(s) in the event of extreme weather if suitable shelter cannot be arranged.

8.2 If the weather forecast is poor and shelter cannot be arranged Top Hire Ltd will issue a weather warning verbally or in writing. Should The Hirer request to continue with the hire, The Hirer assumes full responsibility of all Marquees & equipment. If damage occurs, The Hirer shall pay to Top Hire Ltd the full replacement cost of any damaged Goods.

8.3 A 50% refund will be issued for weather related cancellations.

Loss, Injury or Damage to Hirer or Third parties or Property

9.1 Top Hire Ltd will not be liable for loss, injury or damage suffered by the Hirer or third party as a result of the Hirer’s use of the equipment.  The Hirer will indemnify Top Hire Ltd against any claim by a third party in respect of any loss, injury or liability as a result of use of the hired equipment.

9.2 Top Hire Ltd will not be liable for any loss or liability suffered by the Hirer as a result of broken equipment regardless of how this breakage may have been caused. In the event of breakage, the Hirer must immediately notify Top Hire Ltd by telephone.

9.3 Claims will not be considered unless they are made within seven (7) days of the alleged cause for complaint and in writing to Top Hire Ltd’s business address.

Permits and Warrants

10.1 The Hirer is responsible for obtaining permits or resource consents from the local authority, police, fire, or any similar authority or organization who may have jurisdiction over the site, be it a private or public venue.  Any cost incurred in delays or modifications in the work arising from the absence of or misrepresentation of such permissions and permits shall be payable by the Hirer.

10.2 The person signing this document for and on behalf of the Hirer (if not personally the Hirer) and / or making payment of the Deposit warrants that he has the authority of the Hirer to make this contract on the Hirer’s behalf and that he is empowered by the Hirer to bind the Hirer to this agreement. The person so signing and / or making payment of the Deposit hereby indemnifies Top Hire Ltd against all losses and costs that may be incurred by Top Hire Ltd arising out of the person so signing the agreement failing to have such power of authority.

Force Majeure

Whilst Top Hire Ltd will make every effort to carry out every order accepted, the performance of the company is subject to variation or cancellation by the company in the event of act of god, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, excessively inclement weather conditions, imposed restrictions on the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of the company.

Electrical Supply

The Hirer is responsible for ensuring that there is sufficient available power to supply the equipment being hired for the function. If in any doubt, we suggest the employment of a qualified electrical consultant to ascertain the capacity of the existing supply and the anticipated increased electrical load.

Acceptance of these Terms and Conditions with signature or digital signature of the Hirer or his Authorised Agent, or delivery/installation of Marquee(s) or equipment.

Contact Us

If you have any questions about these, You can contact us:

• By email: [email protected]
• By phone number: +64 9 407 3018