CUSTOMER TERMS

These Customer Terms, together with the table setting out the details of the services included in the email to which these Customer Terms are attached (Order Form), set out the agreement (this ‘Agreement’) under the terms of which Budget Marquee Hire ABN 46 734 300 418 (Budget Marquee Hire) provides Hire Services (defined in clause 2(b)) to you (the Customer).

  1. ORDER FORM, THIS AGREEMENT
    1. These Customer Terms will apply to all the Customer’s dealings with Budget Marquee Hire together with any additional terms included in the Order Form.
    2. The Customer will be taken to have accepted this Agreement if the Customer accepts an Order Form, or if the Customer accepts or pays for any services provided by Budget Marquee Hire after receiving or becoming aware of this Agreement or these Customer Terms.
    3. In the event of any inconsistency between these Customer Terms and the Order Form, the clauses of these Customer Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in an Order Form) will prevail over these Customer Terms to the extent of any inconsistency.
  2. HIre Goods and SERVICES
    1. In consideration for the payment of the fees specified in the Order Form (Fees), Budget Marquee Hire will provide the Customer with the items specified in the Order Form (Hire Goods) to hire for use at the location specified in the Order Form (Site) from the starting date and time specified in the Order Form (Start Date) until the return date and time specified in the Order Form (Return Date).
    2. If applicable, in addition to the Hire Goods, Budget Marquee Hire will also provide the associated additional services specified in the Order Form (Hire Services). 
    3. Unless otherwise agreed, Budget Marquee Hire may, in its discretion, not provide the Hire Goods and (if applicable) Hire Services until the Customer has paid any Fees or deposit payable in respect of such Hire Goods and Hire Services. 
  3. Term 

This Agreement will commence on the date the Customer accepts an Order Form, or when the Customer accepts or pays for any services provided by Budget Marquee Hire and will continue until either:

  1. the Hire Goods are returned to Budget Marquee Hire; or
  2. if Hire Services for picking up the Hire Goods are provided, the Return Date. 
  3. Hire Goods
    1. ITEMS FOR HIRE
      1. The Order Form will specified the items to be provided for hire to the Customer. 
      2. It is the Customer’s responsibility to ensure all the items they intend to hire are listed on the Order Form. If the customer would like to hire additional items that are not listed on the Order Form, then these additional items will be subject to availability. 
      3. The Hire Goods will be made available for the Customer to use at the Site from the Start Date until the Return Date (Hire Period).
    2. USING THE HIRE GOODS

The Customer agrees to:

  1. only use the Hire Goods for their intended purpose;
  2. not vandalise, modify or damage the Hire Goods
  3. oversee and supervise the Hire Goods during the Hire Period;
  4. use (and if applicable, set up and take down) the Hire Goods in accordance with any instructions (written or otherwise) provided by Budget Marquee Hire or the manufacturer;
  5. ensure that the Hire Goods are not damaged, vandalised or otherwise changed or altered in any way.
  6. CLEANLINESS
    1. The Customer must return the Hire Goods in the same state of cleanliness as when it was provided to the Customer. If the Hire Goods are not clean upon return, a cleaning fee will apply. The standard cleaning fee is specified in the Order Form (Cleaning Fee). 
    2. If, in the opinion of Budget Marquee Hire, the Cleaning Fee is insufficient to clean the Hire Goods as a result for example, of excessive staining or difficult to remove stains, then Budget Marquee Hire may charge an additional fee for the reasonable costs incurred by Budget Marquee Hire to clean the Hire Goods. 
    3. If, in the opinion of Budget Marquee Hire, the Hire Goods are unclean to the extent that the Hire Goods are no longer usable, for example, extensive staining that cannot be removed for a reasonable cost, then the Customer agrees to pay for the full replacement costs (including any shipping or taxes) for the Hire Goods. 
  7. DAMAGE
    1. The Customer must contact Budget Marquee Hire immediately if the Hire Good are damaged and immediately cease its use and in the case of a marquee, remove all persons, possessions and items from inside the marquee. Budget Marquee Hire may remove any damaged Hire Goods. 
    2. The Customer agrees to pay for any reasonable costs incurred by Budget Marquee Hire to repair the damage, or in the case of damage that cannot be repaired, to pay for the full replacement costs (including any shipping or taxes) for the Hire Goods. 
  8. OVERNIGHT HIRE AND PUBLIC SITES 
    1. If:
      1. the Hire Period is for more than one day (i.e. overnight);
      2. the Hire Goods may, at any time, be left unattended, or
      3. the Site is a public area or in the reasonable option of Budget Marquee Hire the Site is a public area, 

then, the Customer must, at its own cost, engage professional on-site security to safeguard the Hire Goods for the entire Hire Period including overnight (if applicable). 

  1. HIRE SERVICES
    1. HIRE SERVICES 

Budget Marquee Hire provides delivery, set up, take down and return services. Customers are under no obligation to use these services and may pick up and/ or drop off the Hire Goods themselves. 

  1. PICK UP AND DROP OFF 
    1. The address for picking up and dropping off the Hire Goods is specified in the Hire Form (Pick Up/ Drop Off Address). 
    2. If the Customer is picking up the Hire Goods, then the Hire Goods must be picked up from the Pick Up/ Drop Off Address on the date and time as specified for the Start Date. Fees will not be refunded if the Customer does not pick up the Hire Goods on the date and time specified in Start Date. 
    3. If the Customer is dropping off the Hire Goods, then the Hire Goods must be dropped off at the Pick Up/ Drop Off Address on the date and time as specified for the Return Date. If the customer is late dropping off the Hire Goods then Budget Marquee Hire may charge a late fee as specified in the Order Form (Late Fee). 
  2. SET UP AND TAKING DOWN BY CUSTOMER
    1. When setting up or taking down any Hire Goods, the Customer agrees to:
      1. use all due care and diligence;
      2. only set up or take down any Hire Goods in accordance with any instructions (written or otherwise) provided by Budget Marquee Hire or the manufacturer; 
      3. (in these case of set up), firmly secure any marquee using ropes and pegs (in the case of soft surfaces) or weights (in the case of hard surfaces); and
      4. (in the case of taking down), use their best efforts to clean and dry the Hire Goods prior to packing. 
    2. Budget Marquee Hire does not provide weights for securing a marquee on hard surfaces. Only pegs, for securing on soft surfaces, are provided with a marquee. If the Customer requires weights, it must notify Budget Marquee Hire at the time of acceptance of the Order Form.  
  3. DELIVERY AND SET UP SERVICES
    1. If the Order Form includes delivery and set up services, then Budget Marquee Hire will, on the date and time specified in the Start Date deliver to the Site, the Hire Goods. The Customer agrees that Budget Marquee Hire will use its best endeavours to ensure that the Hire Goods are delivered by the set date and time, however circumstances may mean Budget Marquee Hire may be late. Budget Marquee Hire will notify the Customer as soon as possible if it is going to be late.  
    2. Prior to the time specified in the Start Date, the Customer agrees to:
      1. ensure there is unrestricted and safe access to the Site and the area to set up the Hire Goods; and
      2. the area to set up the Hire Goods is clear of any items, persons or animals that may obstruct, hinder or delay the set up.
    3. Following delivery, Budget Marquee Hire will then set up the Hire Goods for use by the Customer at the Site. If, in Budget Marquee Hire’s reasonable opinion, the area to set up the Hire Goods is not safe, then Budget Marquee Hire, at its discretion, may refuse to set up the Hire Goods unless:
      1. the area is made safe to the reasonable satisfaction of Budget Marquee Hire; or
      2. an alternative area, acceptable to Budget Marquee Hire, is selected.
    4. During set up, the Customer agrees to follow Budget Marquee’s all reasonable directions including for example:
      1. removing any items from the Site which may pose a danger to the set up or the Hire Goods; and
      2. keeping any unused parts at the Site until it is picked up or returned. 
    5. While Budget Marquee Hire will take all due care and diligence while setting up any Hire Goods, it cannot guarantee that it will not cause any damage to any property. The Customer should undertake its own enquiries regarding the Site and must advise Budget Marquee Hire of any undergrown utilities or structures that may be damaged during the setting up of the Hire Goods.  
  4. TAKE DOWN SERVICES 
    1. If the Order Form includes take down services, then Budget Marquee Hire, will, at a time agreed between the Customer and Budget Marquee Hire, attend the Site and take down the Hire Goods. Budget Marquee Hire may charge an additional fee for times that are after normal business hours. 
    2. The Customer must provide Budget Marquee Hire with unrestricted and safe access to the Site and Hire Goods at the agreed time for the purpose of taking down the Hire Goods. Unrestricted and safe access includes removing any items, persons and animals from the Site that may obstruct, hinder or delay the taking down of the Hire Goods. If unrestricted and safe access is not provided, then Budget Marquee Hire may charge an additional fee for any additional time taken to obtain unrestricted and safe access. 
    3. The Customer agrees that the Hire Goods must be cleaned, and ready for taking down and packing at the agreed time, including for example:
      1. by removing any items from inside a marquee;
      2. unplugging any electrical items; or
      3. emptying any containers.
  5. RETURN SERVICES 
    1. If the Order Form includes return services, then Budget Marquee Hire, will, at a time agreed between the Customer and Budget Marquee Hire, attend the Site to pick up the Hire Goods for return. The Customer agrees that the Hire Goods must be cleaned, packed and ready for pick up at the agreed time. 
    2. Clause 5.6(a) does not apply if the Order Form includes take down and return services in which case, Budget Marquee Hire will prepare the Hire Goods for return. 
  6. PAYMENT
    1. FEES

The total amount of the Fees is specified in the Order Form. The deposit amount (Deposit) is payable on acceptance of the Order Form. The balance of the Fees are payable:

  1. on pick up of the Hire Goods by the Customer (if the Order Form does not include delivery and set up Hire Services); or
  2. 7 days prior to the Start Date (if the Order Form includes delivery and set up Hire Services). 
  3. PAYMENT METHOD
    1. The Customer must pay the Deposit by a bank transfer to the account specified in the Order Form.
    2. The balance of the Fees can be paid by bank transfer, credit card or cash (for pick up only).  
      1. If the Customer chooses to pay by credit card, Budget Marquee Hire may pre-charge the Customer’s selected credit card for $1 prior to the payment date to confirm the credit card details. This $1 will be refunded to the Customer once the Hired Goods have been returned.  
  4. GST

Unless otherwise indicated, amounts stated in an Order Form include GST. In relation to any GST payable for a taxable supply by Budget Marquee Hire, the Customer must pay the GST subject to Budget Marquee Hire providing a tax invoice.

  1. CARD SURCHARGES

Budget Marquee Hire reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

  1. SECURITY DEPOSIT AND CREDIT CARD AUTHORISATION
    1. SECURITY DEPOSIT
      1. Budget Marquee Hire may require the Customer to pay a security deposit by credit card for the amount as specified in the Order Form (Security Deposit). 
      2. The Security Deposit will be used to pay for:
        1. any Fees payable (including Late Fees and Cleaning Fees);
        2. to pay for any repairs for any damage to the Hire Goods; or 
        3. to pay for the replacement costs (including shipping and tax) of any Hire Goods. 
      3. The Security Deposit may be claimed against any amounts owed by the Customer to Budget Marquee Hire under this Agreement. 
      4. The Security Deposit will be held by Budget Marquee Hire for a period of no more than 2 weeks after the return of the Hire Goods and will be returned in full, or (if applicable) less any amounts claimed from the Security Deposit. 
    2. CREDIT CARD AUTHORISATION 
      1. The Customer authorises Budget Marquee Hire to:
        1. keep the credit card details used to pay the Security Deposit (Security Deposit Card) on file; and 
        2. to use the Security Deposit Card to pay for any amounts owed to Budget Marquee Hire, to the extent those amounts exceed the Security Deposit.
  2. CONFIDENTIALITY
    1. Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any Confidential Information disclosed to it by the other party without its prior written consent.
    2. This clause 8 does not apply to:
      1. information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence);
      2. information required to be disclosed by any law; or
      3. information disclosed by Budget Marquee Hire to its subcontractors, employees or agents for the purposes of performing the Hire Services or its obligations under this Agreement.
    3. For the purposes of this Agreement, “Confidential Information” means information of or provided by a party to the other party under or in connection with this Agreement that is by its nature confidential information, is designated by the party as confidential, or the other party knows or ought to know is confidential, but does not include information which is or becomes, without a breach of confidentiality, public knowledge.
  3. INTELLECTUAL PROPERTY
    1. Budget Marquee Hire retains all intellectual property rights in the design of the Hire Goods, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Hire Goods. 
    2. In this clause 9, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms in Australia and throughout the world. 
  4. WARRANTIES
    1. GENERAL WARRANTIES
      1. To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement or an Order Form are excluded.
      2. Nothing in this Agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or hire services provided.
    2. CUSTOMER WARRANTIES

The Customer acknowledges and agrees that:

  1. it has, and will have, for the entire Hire Period, any permits and authorisations or otherwise the full right, to use the Site for its intended purpose and to use and set up the Hire Goods at the Site. Any fines or penalties that result from any unauthorised use of the Site (including the use of the Hire Goods at the Site) is the sole responsibility of the Customer;
  2. (if applicable) it will provide unrestricted and safe access to Budget Marquee Hire to the Site to deliver, set up, take down and pack up the Hire Goods;
  3. the cost of any electricity used by a Hire Good (including, if applicable during set up of the Hire Goods, whether by the Customer or Budget Marquee Hire) during the Hire Period is the sole responsibility of the Customer; and
  4. Budget Marquee Hire may inspect the Hire Goods during the Hire Period at any time without notice. On inspection, if the Hire Goods are damaged, Budget Hire may remove the Hire Goods. 
  5. LIABILITY
    1. (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Budget Marquee Hire to the Customer in respect of loss or damage sustained by the Customer under or in connection with this Agreement is limited to the total Fees paid to Budget Marquee Hire by the Customer.  
    2. (Indemnity) The Customer agrees at all times to indemnify and hold harmless Budget Marquee Hire and its officers, employees and agents (“those indemnified“) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Customer or the Customer’s officers’, employees’ or agents’: 
      1. breach of any term of this Agreement; or
      2. negligent, fraudulent or criminal act or omission.
    3. (Consequential loss) Budget Marquee Hire will not be liable for any incidental, special or consequential loss or damages arising under or in connection with this Agreement or any Hire Goods, Hire Services or any other goods or services provided by Budget Marquee Hire, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
  6. Contractors and third party suppliers

Budget Marquee Hire may do any of the following:

  1. outsource any part of performing any of the Hire Services; or
  2. procure materials and products from third party suppliers for the Hire Goods, and

without notice or permission from the Customer. 

  1. TERMINATION
    1. TERMINATION BY BUDGET MARQUEE HIRE

Budget Marquee Hire may terminate this Agreement at any time by providing notice to the Customer.  Budget Marquee Hire will refund any amounts paid by the Customer for Hire Goods or Hire Services not provided as at the date and time of termination.

TERMINATION BY THE CUSTOMER

  1. The Customer may terminate this Agreement by providing notice to Budget Marquee Hire.
  2. If the Customer terminates this Agreement:
    1. more than 4 weeks before the Start Date, then Budget Marquee Hire will refund all amounts paid by the Customer including the Deposit; 
    2. Between 4 weeks and 7 days before the Start Date, then Budget Marquee Hire will refund all amounts paid by the Customer less the Deposit; or
    3. less than 7 days before to the Start Date, then all amounts paid by the Customer will be retained by Budget Marquee Hire and will not be refunded to the Customer. 
  1. TERMINATION FOR CAUSE

Budget Marquee Hire may terminate this Agreement immediately by written notice to the Customer for breach of this Agreement. If this Agreement is terminated for breach by the Customer, then no Fees or any other amounts paid by the Customer will be refunded to the Customer. 

  1. EFFECT OF TERMINATION

Upon termination of this Agreement:

  1. the Customer must pay all amounts owed for Hire Goods or Hire Services already provided as at the date of termination;
  2. The Customer must pay: 
    1. any Fees (including Late Fees and Cleaning Fees);
    2. for any repairs costs for any damage to the Hire Goods; or 
    3. for the replacement costs (including shipping and tax) of any Hire Goods,

payable as at the date of termination. 

  1. the Customer must return all Hire Goods and any other property of Budget Marquee Hire to Budget Marquee Hire; and
  2. no rights, liabilities or remedies of any party will be invalidated by the termination.
  3. SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

  1. DISPUTE RESOLUTION
    1. A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
    2. A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
  2. NOTICES
    1. A notice or other communication to a party under this Agreement must be:
      1. in writing and in English; and
      2. delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (Email Address). The parties may update their Email Address by notice to the other party.
    2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent; or
      2. when replied to by the other party,

whichever is earlier.

  1. GENERAL
    1. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  1. AMENDMENTS

This Agreement may only be amended in accordance with a written agreement between the parties.

  1. WAIVER

No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  1. SEVERANCE

Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.

  1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

  1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.

  1. COUNTERPARTS

This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one Agreement.

  1. COSTS

Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.

  1. ENTIRE AGREEMENT

This Agreement embodies the entire Agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or Agreement, express or implied, in relation to the subject matter of this Agreement.

  1. INTERPRETATION
    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (gender) words indicating a gender includes the corresponding words of any other gender;
    3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    6. (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
    7. (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
    8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
    10. (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.