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Terms & Conditions
Stomp Sphere Pty Ltd
ACN: 675 337 210
11 Swallow Court, Churchlands WA 6018
HIRE SERVICE AGREEMENT
1. Entire Agreement
This document constitutes the entire agreement between "Stomp Sphere Pty Ltd" (hereinafter "Owner") and the "Hirer," including its legal representatives and permitted assigns. This agreement supersedes any prior discussions or representations regarding the goods hired. Any agreement for additional services or changes must be in writing and signed by both parties.
2. Hire Period
The Owner hires the Goods to the Hirer for the agreed Hire Period, starting from the date of delivery. The Hirer is responsible for using the Goods properly and returning them in the same condition, excluding reasonable wear and tear.
3. Ownership and Title Retention
The Owner retains full ownership and title to the Goods. The Hirer holds a limited right to use the Goods per this agreement and must not claim ownership or attempt to sell, pledge, or assign the Goods to any third party.
4. Hire Expiration and Return
The Hire Period expires when:
- The Goods are returned to the Owner’s location, or
- Payment for damaged, destroyed, or lost Goods is made per Clauses 11-14.
5. Late Return
If the Goods are not ready for pickup by the agreed return date, the Hirer will pay a late fee equivalent to the daily hire rate for each additional day until the Goods are returned or picked up.
6. Hire Rates and Breach of Contract
Failure by the Hirer to:
- Pay hire charges,
- Adhere to the agreement terms,
- Return the Goods, or
- Provide accurate representations, will constitute a breach of contract. In such cases, the Owner may terminate this contract, reclaim the Goods, and recover all associated costs, including unpaid charges, outstanding hire fees, and repossession expenses.
7. Security Bond
The Owner may require a security bond. The Hirer agrees to authorise the Owner to hold the bond or credit card details securely. If any damage, loss, or repair costs arise, the Owner may deduct these from the bond, including a 15% administrative fee. Any balance due beyond the bond amount must be settled by the Hirer immediately.
8. Payment Terms and Overdue Payments
The Hirer must pay 25% as a deposit of the full invoice for their agreed contract terms immediately upon receipt of an invoice. This deposit secures and confirms the booking and acceptance of the contract and its terms. The balance of the invoice is due 4 weeks prior to the delivery date. Failure to pay the balance will mean the 25% deposit is lost and becomes a cancellation fee for Stomp Sphere Pty Ltd. Cancellations before the 4 week period may be refundable at the discretion of Stomp Sphere Pty Ltd.
9. Risk and Inspection
The Hirer is responsible for inspecting the Goods upon receipt. Acceptance of the Goods indicates the Hirer’s approval of their condition. The Owner is not liable for any injuries, damages, or incidents arising from the Goods’ use during the Hire Period.
10. Warranty Disclaimer
Except for obligations under the Australian Consumer Law or relevant Western Australian statutes, the Owner makes no warranties regarding the Goods’ condition, quality, suitability, or fitness for any purpose.
11. Condition on Return
The Hirer must return the Goods in their original condition. Failure to do so may incur cleaning, re-rolling (for cables), or repair fees.
12. Loss or Damage
The Hirer is responsible for any loss or damage to the Goods, excluding normal wear and tear. The Hirer must notify the Owner immediately of any such incidents and pay for the full repair or replacement costs.
13. Return of Recovered Goods
If lost Goods are found and returned in usable condition, no refunds will be issued if replacement costs have already been paid.
14. Indemnity
The Hirer indemnifies the Owner against any claims, costs, or liabilities arising from the use of the Goods. This includes injuries, damages, or incidents caused during the Hire Period, whether by the Hirer, third parties, or external factors, such as alcohol consumption by any parties involved.
15. Security and Responsibility
The Hirer must keep the Goods secure and prevent unauthorised access or damage.
16. Indemnity Amounts
The Hirer agrees to cover all damages, repairs, replacements, and enforcement costs associated with any breach of this agreement.
17. Transportation Charges
If the Owner delivers, installs, or collects the Goods, the Hirer will pay all associated transportation charges.
18. Prohibited Actions
The Hirer shall not sell, pledge, or otherwise encumber the Goods. Third-party hires are only permitted with the Owner’s written consent.
19. Repairs and Alterations
Only the Owner or its authorised agents may repair or modify the Goods. The Hirer agrees not to tamper with or alter any part of the Goods.
20. Installation and Fixture
The Hirer agrees not to install or affix the Goods in any manner that would render them immovable or a fixture on any property.
21. Identification and Branding
The Hirer agrees not to alter, damage, or cover any identification plates or branding on the Goods.
22. Early Termination and Default
If the Hirer defaults on payment, becomes insolvent, or breaches the agreement, the Owner may cancel this contract and retrieve the Goods at the Hirer’s expense.
23. Security Agreement
This agreement grants the Owner a security interest in the Goods. The Owner may register its interest on the Personal Property Securities Register. The Hirer must not allow any conflicting security interests over the Goods.
24. Inspection Rights
The Owner may inspect the Goods at any time during the Hire Period. The Hirer agrees to allow access for inspection or retrieval upon agreement termination.
25. Goods Substitution
The Owner reserves the right to substitute similar Goods if the original items are unavailable, notifying the Hirer accordingly.
26. Contractual Terms
- Time: All times specified in this agreement are of the essence.
- Severability: If any part of this agreement is deemed invalid, the remaining terms remain enforceable.
- Authority: The person signing on behalf of the Hirer guarantees they have authority to do so.
- Waiver: No waiver of terms will affect future rights or obligations.
27. Governing Law
This agreement is governed by the laws of Western Australia.
28. Identification Requirements
For security purposes, the Hirer agrees to allow the Owner to take a photo of their ID and capture their vehicle registration at pickup.
29. Cancellation Policy
Cancellation fees apply as per agreed terms, and Stomp Sphere reserves the right to retain any fees for last-minute cancellations.
30. Pre-Authorisation Terms
The Hirer authorises a pre-authorisation hold on their credit card for the bond amount, which will be released upon the safe return of the Goods. The Hirer acknowledges that pre-authorisation holds may take 5-7 days to clear, depending on the bank.
ACN: 675 337 210
11 Swallow Court, Churchlands WA 6018
HIRE SERVICE AGREEMENT
1. Entire Agreement
This document constitutes the entire agreement between "Stomp Sphere Pty Ltd" (hereinafter "Owner") and the "Hirer," including its legal representatives and permitted assigns. This agreement supersedes any prior discussions or representations regarding the goods hired. Any agreement for additional services or changes must be in writing and signed by both parties.
2. Hire Period
The Owner hires the Goods to the Hirer for the agreed Hire Period, starting from the date of delivery. The Hirer is responsible for using the Goods properly and returning them in the same condition, excluding reasonable wear and tear.
3. Ownership and Title Retention
The Owner retains full ownership and title to the Goods. The Hirer holds a limited right to use the Goods per this agreement and must not claim ownership or attempt to sell, pledge, or assign the Goods to any third party.
4. Hire Expiration and Return
The Hire Period expires when:
- The Goods are returned to the Owner’s location, or
- Payment for damaged, destroyed, or lost Goods is made per Clauses 11-14.
5. Late Return
If the Goods are not ready for pickup by the agreed return date, the Hirer will pay a late fee equivalent to the daily hire rate for each additional day until the Goods are returned or picked up.
6. Hire Rates and Breach of Contract
Failure by the Hirer to:
- Pay hire charges,
- Adhere to the agreement terms,
- Return the Goods, or
- Provide accurate representations, will constitute a breach of contract. In such cases, the Owner may terminate this contract, reclaim the Goods, and recover all associated costs, including unpaid charges, outstanding hire fees, and repossession expenses.
7. Security Bond
The Owner may require a security bond. The Hirer agrees to authorise the Owner to hold the bond or credit card details securely. If any damage, loss, or repair costs arise, the Owner may deduct these from the bond, including a 15% administrative fee. Any balance due beyond the bond amount must be settled by the Hirer immediately.
8. Payment Terms and Overdue Payments
The Hirer must pay 25% as a deposit of the full invoice for their agreed contract terms immediately upon receipt of an invoice. This deposit secures and confirms the booking and acceptance of the contract and its terms. The balance of the invoice is due 4 weeks prior to the delivery date. Failure to pay the balance will mean the 25% deposit is lost and becomes a cancellation fee for Stomp Sphere Pty Ltd. Cancellations before the 4 week period may be refundable at the discretion of Stomp Sphere Pty Ltd.
9. Risk and Inspection
The Hirer is responsible for inspecting the Goods upon receipt. Acceptance of the Goods indicates the Hirer’s approval of their condition. The Owner is not liable for any injuries, damages, or incidents arising from the Goods’ use during the Hire Period.
10. Warranty Disclaimer
Except for obligations under the Australian Consumer Law or relevant Western Australian statutes, the Owner makes no warranties regarding the Goods’ condition, quality, suitability, or fitness for any purpose.
11. Condition on Return
The Hirer must return the Goods in their original condition. Failure to do so may incur cleaning, re-rolling (for cables), or repair fees.
12. Loss or Damage
The Hirer is responsible for any loss or damage to the Goods, excluding normal wear and tear. The Hirer must notify the Owner immediately of any such incidents and pay for the full repair or replacement costs.
13. Return of Recovered Goods
If lost Goods are found and returned in usable condition, no refunds will be issued if replacement costs have already been paid.
14. Indemnity
The Hirer indemnifies the Owner against any claims, costs, or liabilities arising from the use of the Goods. This includes injuries, damages, or incidents caused during the Hire Period, whether by the Hirer, third parties, or external factors, such as alcohol consumption by any parties involved.
15. Security and Responsibility
The Hirer must keep the Goods secure and prevent unauthorised access or damage.
16. Indemnity Amounts
The Hirer agrees to cover all damages, repairs, replacements, and enforcement costs associated with any breach of this agreement.
17. Transportation Charges
If the Owner delivers, installs, or collects the Goods, the Hirer will pay all associated transportation charges.
18. Prohibited Actions
The Hirer shall not sell, pledge, or otherwise encumber the Goods. Third-party hires are only permitted with the Owner’s written consent.
19. Repairs and Alterations
Only the Owner or its authorised agents may repair or modify the Goods. The Hirer agrees not to tamper with or alter any part of the Goods.
20. Installation and Fixture
The Hirer agrees not to install or affix the Goods in any manner that would render them immovable or a fixture on any property.
21. Identification and Branding
The Hirer agrees not to alter, damage, or cover any identification plates or branding on the Goods.
22. Early Termination and Default
If the Hirer defaults on payment, becomes insolvent, or breaches the agreement, the Owner may cancel this contract and retrieve the Goods at the Hirer’s expense.
23. Security Agreement
This agreement grants the Owner a security interest in the Goods. The Owner may register its interest on the Personal Property Securities Register. The Hirer must not allow any conflicting security interests over the Goods.
24. Inspection Rights
The Owner may inspect the Goods at any time during the Hire Period. The Hirer agrees to allow access for inspection or retrieval upon agreement termination.
25. Goods Substitution
The Owner reserves the right to substitute similar Goods if the original items are unavailable, notifying the Hirer accordingly.
26. Contractual Terms
- Time: All times specified in this agreement are of the essence.
- Severability: If any part of this agreement is deemed invalid, the remaining terms remain enforceable.
- Authority: The person signing on behalf of the Hirer guarantees they have authority to do so.
- Waiver: No waiver of terms will affect future rights or obligations.
27. Governing Law
This agreement is governed by the laws of Western Australia.
28. Identification Requirements
For security purposes, the Hirer agrees to allow the Owner to take a photo of their ID and capture their vehicle registration at pickup.
29. Cancellation Policy
Cancellation fees apply as per agreed terms, and Stomp Sphere reserves the right to retain any fees for last-minute cancellations.
30. Pre-Authorisation Terms
The Hirer authorises a pre-authorisation hold on their credit card for the bond amount, which will be released upon the safe return of the Goods. The Hirer acknowledges that pre-authorisation holds may take 5-7 days to clear, depending on the bank.