Individual or Company that signs the Terms of Hire is personally responsible for the safekeeping of the equipment during the hire period. All hired equipment must be returned on time and in the same condition it was received to avoid additional fees and charges. This means the equipment must be fully operational, thoroughly cleaned, and with cables neatly rolled.
It is the hirer’s responsibility to ensure they know how to operate the hired equipment. If there is any uncertainty about operating the equipment, it is the hirer’s duty to inform the Youdj hire team and seek appropriate guidance. A rental bond equal to 20% of the total hire price is required for all bookings, with a minimum bond of $150 for any hire.
All hire bookings must be made at least 48 hours in advance and are subject to Youdj’s availability. The hire fee must also be paid in full before the start of the hire period. The hirer must provide identification to Youdj to complete the equipment hire successfully. Additionally, the hirer authorises Youdj to pre-authorise the Rental Bond on a debit or credit card belonging to the hirer on the Commencement Date.
1. Definitions
- Agreement: Refers to these Terms of Hire entered into between the Owner and the Hirer.
- Authorised Representative: A company, firm, or person over the age of 18 who accepts the delivery or pick-up of Equipment by a Third-Party Courier on behalf of the Hirer.
- Booking: The online or physical application completed by the Hirer to hire Equipment.
- Breach of Contract: The failure of the Hirer to comply with the terms of this Agreement.
- Cancellation or Refund Policy: The Owner’s policy for cancellations and refunds as published on the Site, subject to updates from time to time.
- Commencement Date: The date when Equipment enters the possession of the Hirer or Authorised Representative, whether delivered or picked up.
- Claim: Encompasses any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation, and claim for abatement of rent obligation.
- Equipment: Any lighting, sound, attachments, leads, or any other items the Owner hires to the Hirer under this Agreement.
- Excess: Any amount charged to the Hirer for late return, cleaning, or damage to the Equipment, less the Rental Bond amount.
- Hirer: The company, firm, or person taking the Owner’s Equipment on hire as listed in the Booking.
- Hire Fee: The fee payable by the Hirer for hiring the Equipment for the Hire Period.
- Hire Period: From the Commencement Date until the Return Date.
- Identification: A valid Australian Driver’s Licence or Government Issued Photo Card that includes the Hirer’s current residential address.
- Nightly Hire Rate: The nightly hire rate of the Equipment as per the current rates displayed on our Site.
- Owner: Youdj (ABN 21 756 579 917).
- Premises: The residential or commercial address where the Equipment is delivered to or picked up from.
- Return Date: The date the Equipment is returned to the Owner and the Owner has determined that it is in a clean and fully functional condition.
- Rental Bond: The amount pre-authorised on the Hirer’s debit or credit card prior to delivery of the Equipment, which defaults to 20% of the total hire price with a minimum bond of $150 for any hire.
- Site: https://youdj.com.au/ or any other URL the Owner may adopt from time to time.
- Delivery and Collection Service: The service provider engaged by the Owner to deliver and/or pick up the Equipment for the Hirer.
2. AGREEMENT
- This Agreement outlines the terms under which the Owner provides Equipment to the Hirer and limits the Owner’s liability concerning the Equipment’s use, operation, and condition.
- The Hirer agrees to hire the Equipment from the Owner under the terms specified in this Agreement.
- By completing a Booking, the Hirer confirms they have read, understood, and agree to abide by the Agreement’s terms and conditions.
- The Hirer acknowledges that the title and ownership of the Equipment will remain with the Company throughout the Hire Period.
- The Hirer must be at least 18 years old to enter into this Agreement, unless they provide written consent from their parent or legal guardian to the Owner.
3. BOOKING
- To hire Equipment, the Hirer must:
- Complete a Booking;
- Pay the Hire Fee in full; and
- Authorise the Rental
- As part of the Booking, the Hirer must:
- Select the Equipment;
- Select the Hire Period;
- Where appropriate, list the event date for use of Equipment;
- Nominate the Premises; and
- Provide
- The Owner may refuse to accept any Booking in its complete discretion without reason, in which case the Hire Fee and any other fees paid by the Hirer will be refunded in full upon which this Agreement will terminate and neither party will have any rights against the
- All Bookings are subject to the Cancellation or Refund
4. USE OF EQUIPMENT
- The Hirer must use the Equipment solely for its intended purpose and follow any instructions provided by the Owner.
- The Equipment must be returned in the same condition and packed as it was received by the Hirer on the Commencement Date.
- The Hirer agrees not to remove the Equipment, nor allow anyone else to remove it, from the Premises. The Equipment must remain on the Premises throughout the Hire Period unless the Company gives prior written consent.
- The Hirer shall not assign, mortgage, pledge, sell, charge, encumber, sublet, or otherwise dispose of or deal with the Equipment or any of the Owner’s rights to the Equipment or any part thereof, as well as any rights of the Owner under this Agreement.
5. DELIVERY & COLLECTION
- The Delivery and Collection Service strictly limits delivery and collection of Equipment to no further than the ground floor entrance of a residential or commercial premise. If the delivery and pick-up service requires carrying the Equipment inside the Premises and there are stairs present, you must provide an able adult to assist in moving the Equipment inside. If no adult is available, the Equipment will be left at ground level at the entry of the Premises.
- The Hirer guarantees that they or an Authorised Representative will be present at the Premises to facilitate the Delivery and Collection Services.
- The name and intent of any Authorised Representative accepting the Delivery Service must be communicated to the Owner in writing prior to the Commencement Date.
- Upon request, the Hirer or any Authorised Representative must sign a receipt to confirm the delivery of the Equipment.
- The Hirer is responsible for any fees incurred by the Owner if the Third-Party Courier is required to wait longer than 5 minutes to facilitate the Delivery or Collection of the Equipment.
- If the Hirer or an Authorised Representative is not present to facilitate the Delivery or Collection, the Hirer accepts that they will be charged a redelivery or recollection fee equal to the cost of the service or the original service charge, whichever is greater.
6. IDENTIFICATION
- The Hirer agrees to provide the Owner with their Identification to successfully complete a Booking and hire Equipment under this Agreement.
- The Hirer authorizes the Owner to store a digital copy of their Identification, which includes, but is not limited to, a driver’s license and credit card, for the duration of this Agreement. The Owner agrees to store these documents securely and in compliance with applicable data protection laws and regulations.
- The Hirer may request that the Owner destroy all records of their Identification within 3 months at the conclusion of this Agreement. The Owner agrees to securely destroy these records in accordance with applicable data protection laws and regulation.
- The Owner shall not share any records of the Hirer’s Identification with third parties unless required by law or in the event of a Breach of Contract, which for the purposes of this clause, means a failure by the Hirer to comply with the terms of this Agreement.
7. PRE-AUTHORISING THE RENTAL BOND
- The Hirer authorizes the Owner to pre-authorize the Rental Bond, which is equal to 20% of the total hire price, with a minimum bond of $150 for any hire, on a debit or credit card belonging to the Hirer on the Commencement Date.
- The Hirer acknowledges that the Rental Bond must be pre-authorised by credit card via mobile transaction.
- The Hirer acknowledges that the Rental Bond will be held (or frozen) in their account for the duration of this Agreement.
8. CHARGING THE RENTAL BOND
- The Hirer authorises the Owner to charge the Rental Bond for incidentals, which include, but are not limited to:
- Late return of the Equipment;
- Equipment returned unclean or damaged;
- Removal or activation of Liquid Detection labels; and/or
- Replacement or repair costs, excluding fair wear and
- The Hirer acknowledges that the Rental Bond is often insufficient to cover damage or loss of equipment, and additional charges may apply in the event of a Breach of Contract
- The Hirer acknowledges that if an Excess is charged by the Owner, the Hirer’s debit or credit card will be charged for the amount of the Excess at the time of its calculation.
9. RETURN OF HIRE
- The Hirer agrees to return the Equipment to the Owner on the Return Date.
- The Hirer agrees to return the Equipment to the Owner in the same condition as it was received at the Commencement Date of this Agreement.
- If the Hirer requests an extension of the Hire Period in writing at least [specify timeline] before the end of the original Hire Period, the Owner reserves the right to allow such extensions, with or without an extra charge, at its absolute discretion.
10. RELEASE OF THE RENTAL BOND
- The Hirer acknowledges that the Owner will authorise the release of the Rental Bond upon determining that the Equipment has been returned on time, clean, and undamaged in accordance with the terms of this Agreement
- The Hirer acknowledges that:
- The Rental Bond is held as a pre-authorisation by the card-issuing bank (not by the Owner or the Owner’s bank);
- The card-issuing bank will release the pre-authorisation within 1-10 business days from the time the Owner authorises the release of the Rental Bond to the Hirer’s account; and
- Once voided, any record of the Rental Bond pre-authorisation will be removed from the Hirer’s transaction records.
11. INCIDENTAL FEES & CHARGES
- The Hirer accepts that incidental fees may be charged if:
- The Equipment is not returned by the Return Date (unless authorized by the Owner in writing and in advance);
- The Equipment is returned damaged (excluding fair wear and tear);
- The Equipment is returned unclean;
- Cables, cable ties, or labels affixed to the Equipment are removed by the Hirer during the Hire Period;
- Liquid Detection Labels are activated or removed by the Hirer during the Hire Period;
- The Hirer breaches any terms of this
- The Hirer acknowledges that a Nightly Hire Rate will be charged for every night the Equipment is not returned to the Owner after and including the close of business on the Return Date..
- The Hirer accepts sole responsibility for payment of any incidental fees or charges, including, but not limited to, late fees, damage fees, and additional service charges, imposed by the Owner.
- The Hirer acknowledges that the Owner will communicate any incidental fees or charges to the Hirer via phone, text message, and/or email, and agrees to keep their contact information up to date with the Owner.
- The Hirer acknowledges that any incidental fees or charges will be debited from the Hirer’s debit or credit card immediately.
12. LIABILITY
- The Hirer agrees to hire and use the Equipment at its own risk.
- The Hirer acknowledges that the Owner is not responsible for the conduct or activities of any person using the Equipment and is not liable for any injury or damages resulting from such use. The Hirer agrees to ensure that any person using the Equipment is properly trained and competent to do so.
- The Hirer is wholly responsible to the Owner for the safekeeping of the Equipment during the Hire Period and must ensure it is stored safely and securely on the Premises at all times. The Hirer agrees to notify the Owner if the Equipment will be stored at a location other than the Premises.
- The Hirer indemnifies the Owner for any loss, claim, or damage to the Equipment during the Hire Period.
- If the Equipment is damaged beyond repair or lost, the Hirer shall pay the Owner the replacement cost of the Equipment at its current market value, defined as the average selling price of similar equipment in the same condition.
- The Hirer indemnifies the Owner against all third-party claims, consequential losses, including but not limited to damage, loss, or destruction of any property, or personal injury or death of anybody in any way caused by or relating to the Equipment or its use during the Hire Period.
- The Owner shall not be liable to the Hirer for any damage, consequential losses, including but not limited to damage, loss, or destruction of any property of the Hirer, or personal injury or death of the Hirer, its employees, contractors, or other related persons in any way caused by or relating to the Equipment or its use during the Hire Period.
- The Hirer is responsible for checking the compatibility and suitability of Equipment hired from the Owner. The Hirer acknowledges that the Owner accepts no responsibility for Equipment compatibility with equipment not hired from the Owner. The Hirer agrees to notify the Owner if they intend to use the Equipment with other equipment not hired from the Owner.
- The Hirer will not raise any Claim against the Owner in relation to this Agreement, except for claims arising from a breach of contract or other legal rights.
13. BREACH OF CONTRACT
- The Hirer acknowledges that breaching this Agreement in any way will constitute a Breach of Contract, which may result in the Owner:
- Reporting the Hirer’s details to local police authorities or relevant bodies in cases where the Hirer has stolen or intentionally damaged the Equipment.
- Engaging the services of a Mercantile Agency, Debt Collection Company, and/or Solicitor to pursue the Hirer in court.
- The Hirer accepts sole responsibility for any costs associated with Mercantile Serving or Recovery, Debt Collection court filings, or legal services, if they are found to be in breach of the contract.
- The Hirer accepts that if payment is not made within 7 days, interest on the outstanding amount will be charged at 12% per annum.
14. GENERAL
- Disclaimer: The Hirer acknowledges that they have not relied on any representation, warranty, or statement made by the Owner, other than those set out in this Agreement.
- Severability. Any clause of this Agreement that is invalid or unenforceable is ineffective to the extent of such invalidity or unenforceability without affecting the remaining clauses of this Agreement.
- Time. Time is of the essence in this
- Governing Law. This Agreement is governed by the laws of the state of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts with jurisdiction there.
- Electronic Signing. The parties acknowledge and agree that this Agreement is binding upon each party if executed digitally and conveyed by electronic communication.
- CANCELLATIONS/POSTPONEMENT, CREDITS AND REFUNDS:
15.1 Our Cancellation & Refund Policy is strictly based on the time of the cancellation:
- a) For cancellations made within 7 days of the event date – no refund or credit will be issued.
- b) For cancellations made 7-14 days of the event date:
(i) An 80% credit note will be issued;
(ii) 20% of the booking value will be forfeited to cover the reservation of the items;
(iii) No refunds will be issued, indicating that the credit note is the only form of compensation provided for cancellations within this timeframe.
- c) For cancellations made within 14-30 days of the event date, a 100% credit note will be issued.
- d) If a booking is cancelled more than 30 days before the event date, a 100% credit note or refund will be issued.
- e) However, if a booking is cancelled on the day of the event or delivery due to the hirer’s failure to meet the security procedure, bond, or identification requirements, no refund or credit will be provided.
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