In an effort to reduce our paper usage, the following is to be read and understood before signing the booking form. By signing the booking form the customer accepts and understands all terms and conditions below.
The following Rental Terms and Conditions (‘Conditions’) record the agreement between Old Refinery and you for the hiring of Goods by you at your request. These Conditions are important. They constitute a legally binding contract between Old Refinery and you. We recommend that you read these Conditions carefully before signing them or confirming your order.
Confirmation by you of your order constitutes acceptance of these Conditions whether signed or not.
1. In these conditions
1.1 ‘Customer’ is the person, firm or corporation named on the last page of these Rental Terms and Conditions.
1.2 ‘Goods’ means all goods and equipment including all accessories supplied by Old Refinery to the Customer.
1.3 ‘Hiring Fee’ means the total amount payable by the Customer as set out in the Quote.
1.4 ‘Quote’ means the quotation for hiring the Goods given by Old Refinery to the Customer, including any changes agreed in writing by Old Refinery and the Customer.
1.5 ‘Old Refinery’ means the registered business trading as Old Refinery and includes its employees and representatives.
1.6 ‘Site’ means the site for delivery and collection of the Goods as specified in the Quote.
2. Customer Responsibilities
2.1 The Customer accepts responsibility for all Goods hired from the time of delivery or collection until those Goods are collected by Old Refinery, or returned by the Customer to Old Refinery’s store during normal working hours when Old Refinery’s store is open for business.
2.2 The Customer must use the Goods in a proper, safe and careful manner and only for the purpose for which the Goods were designed. The Customers responsibility also includes but is not limited to; protecting hired items from weather including rain, ensuring any person using the hired items does so in a proper and suitable manner and that any persons that are intoxicated are not permitted to use hired items, placing hired items out of harm’s way.
2.3 The Customer must observe the instructions and directions of Old Refinery for use and safety of the Goods including information supplied by Old Refinery on booking forms, emails, text messages and delivery notes.
2.4 Upon collection from Old Refinery or delivery and installation of the Goods, the Customer will examine the Goods to satisfy itself as to the condition of the Goods and their fitness for purpose at the Site.
2.5 The Customer will make sure that all goods are transported with the utmost care. The customer will supply blankets or similar for transporting Goods and will ensure no damage is done to Goods while in transit. Upon return or collection by Old Refinery The Customer will make sure that all Goods are in the same condition as when they were collected or delivered, and if applicable, packed in the cartons and containers in which they were delivered, and that all hired items are packed appropriately and securely and ready for collection. The Customer agrees to pay a fee deducted from the bond if Goods are not ready for collection. Old Refinery’s drivers and employees will not pack or repack Goods at the time of collection.
2.6 The Customer assumes the risk and cost of unpacking, installing, dismantling, packing and delivery to Old Refinery of all Goods dispatched by Old Refinery to the Customer by whatever means of transport. The Customer assumes the risk and cost of injuries incurred by carrying or using in any way, Goods hired from Old Refinery.
2.7 Tableware – Old Refinery will deliver Goods clean but Old Refinery gives no warranty of fitness for use without washing immediately before use.
2.9 It is the customers responsibility to return the hired goods to Old Refinery clean and undamaged. Any cleaning or repairing incurred by Old Refinery as well as any losses, theft or anything deeming the hired goods unfit for further hire will result in a fee deducted from the customers bond at Old Refinery’s discretion.
2.10 In the event that the customer is using similar goods of their own, or hired from another company other than Old Refinery, it is the customers responsibility to ensure the exact hired goods from Old Refinery are returned to Old Refinery by the agreed day and time. Any missing hired goods will incur a fee deducted form the customers bond, whether they have substituted other similar items or not. Old Refinery will not be responsible for sorting through the returned hired goods, following up with the client or any further matters. Should Old Refinery need to sort, follow up or return any items for this purpose, a fee will be deducted from the bond at Old Refinery’s discretion.
2.11 The customer must retain and re-use all of Old Refinery’s packaging and then return to Old Refinery with the hired goods by the agreed day and time. Packaging includes bubble wrap, boxes, blankets, bags or whatever other means of packaging Old Refinery has supplied with the hired goods.
3. Hiring Fees, Charges and Payment
3.1 The Customer agrees to pay the Hiring Fee and agreed bond to Old Refinery.
3.2 The Customer agrees to pay to Old Refinery any other charges, including charges for loss, damage and repairs over and above the bond and any other amounts payable by the Customer, as set out in these Conditions and/or the Quote/invoice/booking form.
3.3 Prices quoted are for the hire period as stated on the quote. Each additional day will be charged at 20% of the daily rate unless otherwise quoted in writing (including late returns).
3.4 The Customer agrees to pay for all Goods in full prior to delivery or collection. A minimum of 20% deposit of the total Hiring Fee is required within 7 days after the Customer accepts the order unless otherwise stated in the Quote. This 20% deposit is non-refundable.
3.5 All prices are subject to change without notice.
3.6 Payments are accepted by cash or EFT.
4. Delivery and Pick-up
4.1 The Customer must ensure that Old Refinery or its contractors have free, safe and uninterrupted access to the Site to deliver, install, inspect, dismantle, collect and remove the Goods at all times between delivery and collection or return of the Goods. The Customer must ensure that access to the Site is unrestricted.
4.2 Prices quoted are subject to venue and/or organiser approval and Site inspection, and may change based on Site restrictions or obstructions (height, access etc).
4.3 Delivery and pick-up of Goods is at the Customer’s expense.
4.4 Prices quoted are for delivery and collection on street level. Deliveries to, or collections from, higher or lower levels may incur an extra charge.
4.5 The Customer is responsible for setting up goods hired from Old Refinery unless prior arrangements have been made for set up or ‘styling’ to include the set up of such items. Old Refinery reserves the right to make an additional charge if Old Refinery or its contractors are required to set up at the Customer’s request with no prior agreement.
4.6 The Customer agrees to reimburse Old Refinery for extra time or overtime charges payable by Old Refinery to its employees or contractors resulting from the Customer’s requirements in addition to those contained in these Conditions and the Quote.
4.7 Goods not delivered by Old Refinery or its contractors will be collected by Old Refinery only if agreed by Old Refinery and the Customer prior to pick up time and at the Customer’s expense.
4.8 Late returns (past the date and time indicated on the booking form) are charged at 100% of the daily rate.
4.9 Goods hired to the Customer will be delivered to the Customer, or are available for collection, during normal working hours on the delivery date stated in the invoice. Old Refinery cannot give a specific time for delivery and collection of Goods due to uncertain traffic conditions, weather conditions, labour requirements and unforeseen circumstances.
4.10 Before the scheduled date for delivery and installation of the Goods, the Customer must notify Old Refinery fully and accurately of the location and nature of any hazards. Hazards include environmental pollution and contamination, overhead and underground cables, pipes and installations for utilities (including electricity, water and gas, sewerage), and any other conduits and services, at or near the Site. Old Refinery will advise the Customer of any additional charges to deliver, install, inspect, dismantle, collect and remove the Goods as a result of those hazards, and the Customer agrees to pay any additional charges made by Old Refinery for that purpose.
4.11 Old Refinery will use reasonable endeavours to take care when delivering, installing, inspecting, dismantling, collecting and removing the Goods. The Customer agrees that Old Refinery is not liable for any damage or loss to the Site caused directly or indirectly by Old Refinery.
5. Cancellation
5.1 An order for Goods may be cancelled by the Customer only in accordance with this paragraph 5.
5.2 (orders cancelled on day of delivery/collection) The Customer agrees to pay to Old Refinery a cancellation fee equal to 80% of the Hiring Fee (less the deposit paid upon booking) if the Customer cancels an order after 12:01am on the day on which the Goods are to be delivered to the Site or collected by the Customer.
5.3 (orders cancelled up to 1 week prior to collection): The Customer agrees to pay to Old Refinery a cancellation fee equal to 60% of the Hiring Fee (less the deposit paid upon booking) if the Customer cancels an order within 1 week of when the Goods are to be delivered to the Site or collected by the Customer.
5.4 (orders cancelled up to 2 weeks prior to collection): The Customer agrees to pay to Old Refinery a cancellation fee equal to 50% of the Hiring Fee (less the deposit paid upon booking) if the Customer cancels an order within 2 weeks of when the Goods are to be delivered to the Site or collected by the Customer.
5.5 (orders cancelled up to 4 weeks prior to collection): The Customer agrees to pay to Old Refinery a cancellation fee equal to 40% of the Hiring Fee (less the deposit paid upon booking) if the Customer cancels an order within 4 weeks of when the Goods are to be delivered to the Site or collected by the Customer.
5.6 (orders cancelled up to 6 weeks prior to collection): The Customer agrees to pay to Old Refinery a cancellation fee equal to 20% of the Hiring Fee (less the deposit paid upon booking) if the Customer cancels an order within 6 weeks of when the Goods are to be delivered to the Site or collected by the Customer.
5.7 (orders cancelled more than 6 weeks prior to collection): The Customer agrees to pay to Old Refinery a cancellation fee equal to the holding deposit or a $10 administration fee (whichever is higher) if the Customer cancels an order more than 6 weeks of when the Goods are to be delivered to the Site or collected by the Customer, or anytime after a holding deposit has been paid.
5.8 The Customer agrees that the cancellation fees are liquidated damages representing a genuine pre-estimate of loss to Old Refinery as a consequence of cancellation.
6. Supply of Goods
6.1 Old Refinery reserves the right to substitute any portion of the Customer’s order with other Goods as close as practicable in description to the Goods ordered by the Customer.
6.2 Notwithstanding any other Condition, Old Refinery may at any time repossess the Goods without notice and without giving reason.
6.3 All hire Goods remain subject to availability until the Customer confirms its order.
7. Property
7.1 All property in, and title to, the Goods remains with Old Refinery at all times.
7.2 The Customer acknowledges that copyright in all documents, designs, drawings and other material supplied or disclosed by Old Refinery or its representatives remains the property of Old Refinery or its representatives.
7.3 The Customer authorises Old Refinery to use any concepts generated or photos taken of concepts for its marketing and promotional purposes unless otherwise agreed.=
8. Loss or Damage to Goods
8.1 The Customer will immediately notify Old Refinery if any of the Goods is lost, stolen, breaks down, is damaged or ceases to operate.
8.2 If Goods break down or become unsafe to use for any reason (including fire, adverse weather conditions, structural damage or mechanical failure) the Customer will immediately cease to use those Goods and take all steps necessary to prevent damage to the Goods and other property damage and personal injury.
8.3 The Customer must not dismantle or repair, or attempt to dismantle or repair, Goods without Old Refinery’ prior written consent.
9. Releases
The Customer hereby releases Old Refinery and its officers employees and agents from all claims, liabilities, actions, demands, costs and expenses arising directly or indirectly from the hire or use of the Goods by the Customer including, without limitation:
10.1 all property damage, death or injury resulting from the use or misuse of the Goods;
10.2 all property damage, death or injury resulting from contact with hazards, pollution, contamination, overhead or underground cables, pipes and installations for utilities and any other conduits or services at, under, above or around the Site.
10.3 the installation and dismantling of the Goods at the Site; and
10.4 the acts and omissions of the Customer, Old Refinery and occupiers of the Site (whether or not lawful and whether or not with consent of the Customer or owner of the Site).
10. Indemnity
The Customer hereby indemnifies Old Refinery and its officers employees and agents from and against all claims, liabilities, actions, demands, costs and expenses suffered or incurred by any of them or any third party directly or indirectly as a result of:
11.1 negligence of the Customer;
11.2 breach of these Conditions (or any of them) by the Customer, including the cost of repair or replacement of Goods;
11.3 breach of law by the Customer or the owner of the Site or any occupier of the Site;
11.4 the state and condition of the Site, including hazards (including environmental pollution and contamination), overhead or underground cables, pipes and installations for utilities (including electricity, water and gas and sewerage), and any other conduits or services at, under, above or around the Site;
11.5 Old Refinery’ entry onto the Site;
11.6 the delivery, installation, inspection, dismantling, collection and removal of the Goods to, at and from the Site;
11.7 acts and omissions by the Customer, Old Refinery or occupiers of the Site (whether or not lawful and whether or not with the consent of the Customer or owner of the Site);
11.8 loss or destruction of, damage to, and shortages of Goods (including loss or damage from theft, vandalism, graffiti or activity of any person with or without the consent or knowledge of the Customer); and
11.9 property damage, death or injury arising directly or indirectly
12. Exclusion of Liability
The Customer agrees that Old Refinery shall not be liable to the Customer or the Customer’s servants or agents or any other person for damages, losses, actions, claims, demands and costs of any description howsoever arising directly or indirectly from representations, warranties, terms and conditions expressed or implied in relation to the use, delivery, installation, inspection, dismantling, collection, removal and operation of Goods or otherwise and whether resulting from the negligence of Old Refinery, its servants or agents or otherwise. This clause 12 applies except to the extent to which statutory conditions and warranties cannot be excluded under Part V Division
2A of the Trade Practices Act 1974 or relevant State legislation applicable to the Goods and services provided by Old Refinery under these Conditions.
13. Conditions of use of the Bell Tent
We reserve the right to cancel bookings for the tent if rain or strong wind is forecast for the day or weekend of the event. Set up and packdown instructions supplied are to be followed exactly. The terms and conditions laid out on our website and any additional terms and conditions discussed in email or phone conversations are to be adhered to. As with all of our hire items, there’s absolutely no smoking allowed in or around the tent. No burning of candles in or adjacent to the tent. There are only two points at which you can hang items in/on the tent – one is the metal ring on the central pole and one is the metal spike above the entrance. Hang only light objects. Take the tent down immediately should it begin to rain or become windy. Should the tent become wet for any reason, it needs to be dried off with a clean cloth/towel and laid out inside to air dry before being packed up. Should the tent be soiled or marked while in your care, please use something like a ‘baby wipe’ or clean, damp cloth to try to remove. Please inform us upon return if the tent is wet, soiled or damaged in any way.
DISCOUNT VOUCHER TERMS AND CONDITIONS
For new bookings only. Not valid for bookings under $250. Discount on hire only (not on delivery or setup/styling). Bookings can be made for any date but must be confirmed and a deposit paid by 31/12/22. Please quote the event the voucher was received from when booking.