Terms and Conditions.

1. Definitions

1.1. In this Agreement, defined terms are taken to have the following meanings:

  1. Hirer means you, the customer.
  2. Agreement means attached signed form HBD Lightingand Sound Hire Agreement.
  3. HBD means HBD Lighting and Sound Hire.
  4. US means HBD Lighting and Sound Hire
  5. Balloon Gas Means helium gas.
  6. You mean you hirer and customer.
  7. Condition mean the state of something with regard toits appearance, quality, or working order
  8. Defect means any damages, imperfection, or loss toequipment
  9. Damage Means physical harm that impairs the value,usefulness, or normal function of something
  10. Acknowledgment means acceptance of the terms andconditions set out by HBD Lighting and Sound hire.
  11. Goods, Equipment’s mean what we offer to you forhire or merchandise.

2. Basis of Contract

  1. 2.1.  The terms of this hire agreement cannot be varied without the written consent of HBD Lighting and Sound Hire.
  2. 2.2.  This Agreement applies to all supplies of goods and/or services by us to you and supersedes all previous negotiations and representations, whether oral or written, any earlier agreement for the same goods and/or services, and any earlier sets of terms and conditions issued.
  3. 2.3.  No variation or waiver of this Agreement and no terms and conditions put forward by you or printed on your purchase order or other document you give to us for the supply of goods and/or services will have any effect unless expressly agreed in writing by both parties.
  4. 2.4.  In interpreting this Agreement and Terms and conditions no rules of construction shall apply to our disadvantage on the basis that we put forward the Agreement and terms and conditions, or any part of it. Headings are for convenience only and do not affect interpretation. To the extent of any inconsistency between the Terms and Conditions.
  5. 2.5.  If the Customer comprises two or more persons or entities, each of you is jointly and severally liable for all obligations and liabilities under this Agreement and all terms and conditions.
  6. 2.6.  Written quotes or estimates are valid for up to 14 days or when digitally accepted.

Version Nov 2020
Cairns Far North Queensland

Phone 0401323713 Email Hello@hbdhire.com.au Web www.hbdhire.com.au

  1. 2.7.  All prices, quotes and estimate are inclusive of GST
  2. 2.8.  All goods and equipment’s remains at all times theproperty of HBD Lighting and Sound Hire. With subject of the gas contained in the cylinder/s passes to the hirer upon payment of all fees.
  3. 2.9.  We will treat your personal information in accordance with Our Privacy Policy governed by the Privacy act 1988. A copy of our Privacy policy is available at www.hbdhire.com.au.
  1. Goods and services
    1. 3.1.  Goods and services sold and hired by us to you will comply with any technical specifications provided by us or the manufacturer, we do not warrant or guarantee that the goods are suitable for your intended use or process. You are solely responsible for determining the suitability, compatibility, and use of the goods. Notwithstanding any clause to the contrary in this Agreement and terms and conditions, we do not provide any warranties, express or implied, of fitness for purpose in relation to the goods or services.
    2. 3.2.  Where goods supplied by us, or materials or equipment used in providing services, have not been manufactured by us, to the extent we are able to do so, we will pass through to you the benefit of any manufacturer’s warranty where it is available, except in the event of user damage and disposable and perishable items. All other liability is excluded in accordance with this Agreement and terms and conditions.
  2. Orders, Hire Charges and variations
    1. 4.1.  All hire equipment (lighting and Sound), Helium Cylinder, Party supplies and custom decoration orders – may be ordered in person at schedule consultations, phone or by email.
    2. 4.2.  Hire fees, charges and rate are available on our price list and will be included on your invoice.
    3. 4.3.  All our pricing includes GST where applicable and will be outlined in the invoice.
    4. 4.4.  Products and services including helium gas offered/ provided by HBD Lighting and sound hire charges may be varied or changed in proportion to changes in our standard prices for the applicable product from time to time, changes include, but are not limited to, variations in market, economic and any other relevant circumstances. All our current pricing, fees and charges are provided to you on our price list or on request.
    5. 4.5.  Notwithstanding any other term of this Agreement, if at any time our costs of supplying goods and/or services under this Agreement change due to government action (including imposition of a new tax or charge), a change in law, a change in tax or the introduction of any emissions trading scheme or anyPage 1 of 4 ABN 54473626696

other scheme relating to greenhouse gases or other environmental emissions, unforeseen events or circumstances beyond our control (for example, a significant and unexpected increase in the cost of fuel, power or distribution, inability to supply from our usual supply source or plant), we may change pricing, fees and surcharges to meet increased cost. You will be notified of these changes and issued with an amended invoice.

  1. 4.6.  If installation or other additional services are required, then additional charges may apply. We will normally tell you about such charges when you arrange that service. These fees and charges will be available on our price list. You will need to sign an additional or amended agreement before we provide these additional goods and/or services including helium Gas.
  2. 4.7.  Helium Gas charges consist of overnight hire price or long term rental and this is charged as a periodic service charge for each day the cylinder is in your possession. If some or all of the equipment including helium gas provided to you by HBD lighting and sounds hire are requested to be picked up before the nominated fixed period expires and you do not take replacement equipment, or gas cylinder, no pro rata credit is provided.
  3. 4.8.  The hire period is between the delivery date and pickup date- Rates, fees and charges will be calculated based on this hire period and will be included on the invoice.
  4. 4.9.  Hire commence once goods and/or equipment has been delivered on site as scripted on “hire acknowledgement and agreement form” and or “Balloon gas acknowledgment and agreement form” and payment has been made in full to HBD Lighting and Sound Hire.
  5. 4.10.  The hire period does not include public holidays however, dose include Saturdays and Sunday. Thus goods and/or equipment cannot be picked up on public holiday by HBD Lighting and Sound Hire.
  6. 4.11.  Overdue fees will be charged for each day the good and/or equipment is unavailable for pick up by HBD Lighting and Sound Hire. Overdue fees are included on our price list and an overdue invoice will be provided where applicable.
  7. 4.12.  The hirer is liable for any damage/s (including defacement) caused to the hired equipment by whatever means, and for loss of all or part of the equipment including regulators and cables supplied by HBD Lighting and Sound Hire as part of your order.
  8. 4.13.  The terms of hire exclude assembly, or operation of goods and equipment’s.

5. Invoice, Payment, Deposits

Version Nov 2020
Cairns Far North Queensland

Phone 0401323713 Email Hello@hbdhire.com.au Web www.hbdhire.com.au

5.1. All goods, equipment and service will be listed on invoice. Delivery and pickup is offered free with any hired goods and or equipment within the Cairns region.

5.2. Deliveries outside the free delivery zone (outside Cairns region) will incur a fee. Full list of fees will be provided to you before your order is completed. Our fees may vary subject to specific agreement to delivery location and requirements.

5.3. Payment of the hire charges, fees, and other goods and services requested, must be paid for in full before goods and or equipment are offloaded on site.

5.4. Full payment of the total amount payable including any fees for hire, goods and services must be received by HBD Lighting and Sound Hire before the order can be held. Full payment is required before we deliver to sit. In some cases where agreed by HBD Lighting and Sound hire, full payment can be made on site.

5.5. We accept electronic payments only, no cash, cheque or money order is accepted. We accept American Express, EFFPOS, Visa, MasterCard, Tap, Apple Pay, Google Pay, B-Pay and direct debit. All service fees are included in our total pricing.

5.6. You agree that we will deliver invoices and notices to you by electronic means, such as email. If you do not use this method, we will charge you an administration fee for the extra cost of processing. You must notify us immediately of any error on an invoice.

5.7. Your order will be candled and delivery will not be made if full payment is not received by HBD Lighting and Sound Hire by the agreed delivery/ hire commencement date. If a 50% payment was made, you will be charged 10% to cover our processing cost and the remaining 40% will be refunded to you via the same method used to pay the original 50%.

5.8. In the event of damage to goods and or equipment whilst in the hirers‟ possession” HBD Lighting and Sound Hire at its discretion may elect to replace or repair the equipment, and the customer (hirer) agrees to pay in full for replacement or repair of the goods and or equipment.

5.9. The hirer agrees to pay to HBD Lighting and Sound Hire all costs incurred in recovering equipment and or monies owed to HBD Lighting and Sound Hire by the hirer under the terms of this agreement.

6. Delivery and Pick up

6.1. You will provide free of charge, adequate and safe access to your premises or site, information and facilities including labour for loading and unloading of goods, on your premises, for us to carry out our duties and rights under this Agreement. You will be responsible for any additional costs incurred by us in carrying out our duties and rights under this

Page 2 of 4 ABN 54473626696

Agreement, including, delivery to, and the removal of, where those costs relate to: inadequate or unsafe access to your premises or site.

  1. 6.2.  You acknowledge that the delivery and pickup of HBD Lighting and sound hire products hired to you (including helium cylinders) on site will be at your own risk and that You are responsible for handling and transporting the load safely while on site, and aware of all relevant legislation. You indemnify us against any claims arising in any way from the handling of any HBD lighting and Sound hire products and equipment.
  2. 6.3.  This hire agreement excludes, assembly, disassembly, or operation of the equipment, unless specifically offered in writing. If goods and or equipment is not disassembled, clean and ready of collection prior to pick up by HBD Lighting and Sound Hire you agree to pay a disassemble and clearing fee of $50 plus $50 per hour of labour thereafter.
  3. 6.4.  The hirer must keep the goods and or equipment safe, dry and clean.
  4. 6.5.  The hirer must comply with the operational instructions provided by the manufacture, (for lighting and sound equipment) and Balloon Gas Operation Manual provided by HBD Lighting and Sound Hire. The hirer must also comply with any and all state and federal laws pertaining to the storage, handling, and use of HBD Lighting and sound hire goods and equipment.
  5. 6.6.  We may suspend deliveries if the storage, handling or process equipment is considered by us not to be safe. As well as performance of services and delivery of goods if your site is considered by us not to be safe.
  6. 6.7.  In the event that HBD Lighting and Sound Hire is required to collect the equipment from the hirer, by reason of the hirers breach of this agreement or at the hirers request, the hirer agrees to pay to HBD Lighting and sound hire all cost incurred with pick up.
  7. 6.8.  Customers are deemed to have checked that the goods are in good condition upon taking delivery of them.
  8. 6.9.  All items including gas cylinders are checked for safety, condition, operation and correct gas pressure by HBD lighting and Sound hire before leaving our warehouse and delivery on site to you.

7. Responsibility of Hirer

  1. 7.1.  The hirer bears all risk associated with the maintenance, storage, and use of the goods while in the procession of the hirer.
  2. 7.2.  The hirer must ensure that all sites, works and materials for which you are responsible, and all your Equipment which is relevant to this Agreement, comply with current industry standards and all legal and statutory requirements, including those relating to a safe workplace, and with any specifications provided by

Version Nov 2020
Cairns Far North Queensland

Phone 0401323713 Email Hello@hbdhire.com.au Web www.hbdhire.com.au

us; obtain and maintain all necessary licences, permits, authorisations, approvals and consents, and comply with all legal obligations, in connection with your possession and use of any goods supplied or our equipment and Gas Containers provided to you, or work done on your site, including installation or other services provided by us.

7.3. You will not refill or allow the refilling of our Helium Gas Containers or let them be used otherwise than for use of Gas placed in them to inflate Balloons. You must comply with attached Balloons Gas manual provided by HBD Lighting and Sound Hire.

7.4. You will not use our equipment or Gas Containers to decant product into other containers, and will not on- sell, distribute or otherwise transfer any product, unless this Agreement expressly states otherwise

7.5. The hirer will keep the goods in a safe place, and will not relocate them unless agreed by HBD lighting and sound hire to do so.

7.6. The hirer is responsible for any loss of or damage to the equipment.

7.7. Only use our Helium gases in accordance with BOC Material Safety Data Sheets (“MŞDS”) and use the MSDS to warn your personnel and others who may be exposed to the Gases of the hazards associated with those Gases. MSDS are available from our website www.hbdhire.com.au.

7.8. The hirer is responsible for any consequential damages caused by the possession or use of the goods and indemnifies HBD lighting and sound hire from any such claims.

7.9. The hirer is responsible for complying with all laws and regulation relating to the transport, storage, and use of all goods.

8. Termination

8.1. If you commit any breach of any provision of this Agreement then HBD Lighting and sound Hire may by written notice with immediate effect, terminate the whole or any part of this Agreement or suspend performance of all or any of our obligations. During suspension Service charges will continue to accrue and be payable by you.

8.2. If this agreement is terminated by HBD lighting and sound hire due to reasons outlined in 8.1, you agree we may recover possession of any goods, equipment, Gas cylinders or materials belonging to us immediately.

9. Severance, Liability, Exclusions and Governing Law

9.1. Any provision of this agreement which is wholly or partially invalid, unenforceable, illegal, void, or void able, may be severed from the agreement without materially affecting the legality of the agreement as a whole.

Page 3 of 4 ABN 54473626696

Version Nov 2020
Cairns Far North Queensland

Phone 0401323713 Email Hello@hbdhire.com.au Web www.hbdhire.com.au

  1. 9.2.  Nothing in any agreement between us and you excludes, restricts or modifies any terms, conditions or warranties or Our liability for them which are imposed or implied by any statute, including but not limited to the Competition and Consumer Act 2010), and which by statute cannot be excluded, restricted or modified. Limitations and exclusions are made only to the extent that we may legally do so. Our liability for any kind of loss or damage suffered by you in connection with this Agreement, whether in contract, negligence or other sort, misrepresentation, breach of any statutory or equitable duty, or otherwise and whether our act or omission is wilful or otherwise, is excluded and/or limited (as the case may be) and we shall have no liability.
  2. 9.3.  For any loss of or damage to revenue, profits, savings, use, contracts, production, goodwill, business opportunity or business and any consequential or indirect loss or damage, is excluded. We accept liability for physical damage to property to the extent thatit was directly caused by our breach of contract or our negligence in connection with the performance of this Agreement.
  3. 9.4.  You indemnify us and hold us harmless against all loss, damage, proceedings, claims, costs and expenses howsoever caused arising directly or indirectly: out of Your possession, use or ownership (as applicable) of goods (including Gases) or our gas cylinders, from our presence on your site, including our equipment, materials and personnel, except to the extent caused by our negligence.

9.5. This agreement and Terms and Conditions have been prepared under the laws governed by the state of Queensland and Consumer act 2010.