Terms and Conditions
Liability
Upon goods leaving the Continental store the hirer becomes responsible for all and every risk, loss or damage, and will be chargeable in respect thereof, except that the hire charge includes a compulsory insurance premium covering marquees against loss or damage through fire, storm, vandalism or natural disaster, while in possession of the hirer. Where such insurance cover is to be relied upon it is agreed that the hirer shall be liable for full damages not exceeding $1.000.00.
The hirer is liable and chargeable in respect of any costs incurred in cleaning and goods returned or left in a soiled condition, or defaced by writing, drawing or other means.
Continental does not guarantee that any marquees, tarpaulins or similar are watertight or impervious to wind, snow, earthquake or natural force, or disaster and it is agreed that Continental shall not be liable for any loss, damage or extra cost consequent on the failure, alleged or established, of any product supplied. Continental will be happy to assist in putting right/fixing with time and expenses charged additionally.
The hirer is solely responsible for maintenance in good complete and tight erected condition, any marquees hired, unless maintenance services have been arranged prior with Continental.
Where maintenance services have not been arranged, Continental shall be under no obligation to provide them at short notice, and such inability or refusal shall in no way reduce the liability of the hirer or increase the liability of Continental. However for any major maintenance that is supplied by Continental during the period of the hire, a charge of $40.00 per hour per man plus GST will be made.
Should the hirer arrange own delivery and/or own installation and dismantle of equipment the hirer shall be liable for any unforseen costs due to losses or damage as a result of non-performance by the sub contractor.
Under the HEALTH AND SAFETY IN EMPLOYMENT ACT 1992 it is necessary to confirm to you that Continental staff have been trained in the correct method to undertake erecting/dismantling of Continental’s marquees and ancillary equipment. Systems have been established in Continental’s operation to identify and manage hazards which may occur on site. It is important that any volunteers employed by you are briefed on the possible hazards on site and that they undertake to follow the instruction of the overseer and wear appropriate clothing and footwear. Appropriate insurance is in place for the equipment and Continental hold a comprehensive Public Liability insurance.
Booking Fees/Payments
Booking fees must be received by Continental at the time of the order. Where Continental is not in receipt of a booking fee (or company order) Continental shall be entitled to rehire the goods WITHOUT notification to the hirer and to cancel the hirer’s order WITHOUT notification.
It is agreed that Continental may reserve the right at all times, to insist the hiring and other charges including bonds be received in full before the goods leave the store of Continental. In circumstances where such payment is not made, it is agreed further that notwithstanding refusal to deliver or supply, the hirer shall be chargeable in respect of all the hire charges.
Refund of bonds may be made by Continental up to 1 week after the goods have been returned to Continental’s store. In the event that the hirer defaults on payment, Continental will pass that information to other members of the Hire and Rental Association.
Cancellation
In the event of your confirmed booking being cancelled by you (such cancellation must be in writing), the following conditions apply:
Ordering Alteration
It is expressly stipulated and agreed that any verbal or telephone communication of an order, and alteration, or cancellation, is at the hirer’s risk. Hirers are urged to cancel in writing and to seek written confirmation of orders and alterations.
Delivery and Possession
It is expressly stipulated and agreed that any carrier or any other person uplifting the goods from Continental is the agent of the hirer and that the hirer will be bound to acceptance of the goods, and these conditions, by the action of that agent or agents.
Payment of booking fee, or acceptance of the goods, or signature, or receipt, shall be deemed acceptance of these conditions.
Possessions and Charges
The hirer is liable to pay any hire charges for equipment retained or unavailable beyond the time period specified, and to pay any costs consequent.
The hirer is liable to pay any charges or costs incurred in repossession of the hire goods.
Continental is the owner of the goods at all times, and it is agreed that the hirer possesses the goods as bailee of Continental, and grants Continental, its officers, employees or agents, the right to enter premises owned or occupied by the hirer, to search for and repossess the goods owned by Continental at any time. The hirer is liable to pay all other charges in full based upon possession of the goods and/or receipt of the services. The amount or degree of use attained by the hirer shall have no bearing on the calculations of charges. Interest will be charged on all overdue accounts at the rate of 2.5% per month on the overdue amount.