GENERAL: The hire of The Equipment is subject to these Terms and Conditions as set out both herein and on the MAK Enterprises Website: www.makcatering.com.au. These Terms and Conditions are an essential part of The Agreement between The Company and The Hirer and are binding upon each party.
DEFINITIONS: ‘THE COMPANY’ means MAK Enterprises Pty Ltd 28394379927 their sub-contractors, agents and employees.
‘THE HIRER’ means the person, company or agent of The Hirer on the tax invoice relating to the hire of The Equipment from The Company. The person who signs for The Equipment warrants that they have the authority of The Hirer to enter into The Agreement on its behalf.
‘THE EQUIPMENT’ means the goods hired as they appear on the tax invoice issued by The Company to The Hirer.
‘THE AGREEMENT’ means the hire Agreement between The Company and The Hirer of The Equipment. The Agreement includes and imports these Terms and Conditions.
‘THE PARTIES’ means The Company and The Hirer.
‘EVENT OF DEFAULT’ means but is not limited to:
a Any failure by The Hirer to pay an agreed deposit, or any default in payment in accordance with this agreement by The Hirer, or a failure by The Hirer to provide a valid credit card or to authorise payment from that credit card.
b Any failure by The Hirer to clean The Equipment as required under this agreement, or to keep The Equipment undamaged.
c The commission by The Hirer, being a natural person, of an act of bankruptcy.
d If The Hirer, being a corporation, is subject to:
(i) a petition being presented, an order being made or a meeting being called to consider a resolution for The Hirer to be wound up, deregistered or dissolved;
(ii) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of The Hirer’s property or undertaking;
(iii) the entering by The Hirer into a scheme of arrangement (other than for the purpose of restructuring); or
(iv) any assignment by The Hirer for the benefit of creditors.
DEPOSIT: At least 1 week prior to the delivery date, The Hirer is required to pay a security deposit of 20% of the hire amount to reserve The Equipment exclusively, except within the dates 1 November to 31 December of any year, when the payment is required 2 weeks prior to delivery. The Hirer, unless prior arrangements are made in writing, is required to offer a valid credit card as security on booking and to reserve The Equipment exclusively, and The Hirer authorises The Company to action any charges on the credit card given as security, in accordance with The Company’s cancellation and postponement policy and in accordance with the Damages clause of The Agreement.
PAYMENT: Unless The Hirer has an account with The Company, payment is due prior to the delivery. The Company reserves the right to withhold delivery if any due payment has not been received. An extra delivery charge will apply should The Company have the need to re-deliver as a result of non-payment. Payment methods include cash, Visa or MasterCard (2.2% Administrative fees applies) and American Express (1.5% Administrative fees applies). The Hirer authorises The Company to deduct hire charges, repair or replacement charges and any additional charges from The Hirer’s credit card.
QUOTATION: Quotation is valid for 30 Days from date of issue. The Company reserves the right to revise the hire rates and related charges from time to time without notice. Should The Hirer fail to return The Equipment on time, then additional hire charges apply at the normal rates.
HIRE PERIOD: The period of hire shall operate from the commencement date and time as shown on the quotation provided or the time The Equipment is delivered to The Hirer whichever is the later and will cease when it is returned to owner or, if The Hirer notifies The Company in writing that The Equipment is available for return at a particular address.
CANCELLATION OR POSTPONEMENT OF AGREEMENT: If The Hirer cancels or seeks to postpone The Agreement prior to the commencement of the stated delivery date and time, then The Company reserves the right to charge a percentage of the quoted amount on the Tax Invoice as follows; 50% of the total hire if the cancellation or postponement is not more than 2 business days prior to the delivery date and time, and 100% of the total hire, if the cancellation or postponement is not more than 1 business day prior to the delivery date and time.
DELIVERY: Delivery charges apply and these shall be included in the tax invoice.
USE OF EQUIPMENT: All equipment including coolrooms are not to be relocated after delivery. If repositioning is required this can only be carried out by The Company, which must be contacted so this can be carried out. Any damages caused by any unauthorised repositioning will be at The Hirer’s cost. The Hirer assumes responsibility for The Equipment and uses The Equipment at their own risk and must:
a Decide the suitability of The Equipment for the purpose required;
b Use The Equipment in a safe, skillful and proper manner and only for the purpose, in accordance within the manufacturer’s guidelines and within the capacity for which it was designed;
d Clean The Equipment properly and thoroughly upon completion of hire or be charged a cleaning fee;
e Be responsible for the safe keeping of The Equipment, and indemnify the owner for any loss or damage to it by whoever and howsoever caused;
f Be responsible for and indemnify The Company against all claims in respect of injury to persons, or damage to property, arising out of the use of The Equipment by whomever during the hire period however arising;
g Not sell, hire, lease or otherwise part with possession of The Equipment or assign the benefit of the hire agreement, or remove The Equipment from the premises to which it was delivered; and
h Not alter The Equipment in any manner without the prior written consent of The Company.
CLEANING: All equipment hired by The Company will be delivered clean and in working condition. Upon completion of the hire, The Equipment must be properly cleaned by The Hirer. It is agreed that the whole or any part of additional costs incurred by The Company due to The Hirer’s failure to comply with this clause will result in the additional costs to be deducted from the credit card account of The Hirer.
DAMAGE TO THE EQUIPMENT: The Hirer must not attempt to make any repairs, modifications or alterations to The Equipment without prior written consent from The Company. In the event of any damage or loss to The Equipment that is caused by an act or omission of The Hirer or a breach by The Hirer of any of these terms, The Hirer shall be liable for any costs incurred by The Company in repairing or replacing The Equipment. The Hirer authorises The Company to deduct hire charges, repair or replacement charges and any additional charges from The Hirer’s credit card.
BREAKDOWN: In the event of a breakdown or failure of The Equipment, The Hirer shall inform The Company immediately. Under no circumstances should The Hirer attempt to repair The Equipment without the prior consent of The Company. If the breakdown or failure of The Equipment is caused by normal wear and tear and not by The Hirer’s negligence or misuse, The Company will make all reasonable efforts to replace The Equipment. The Company expressly denies any responsibility for any loss or damage caused by The Hirer.
INSURANCE: Insurance of The Equipment is The Hirer’s responsibility during the hire period. The Hirer is responsible for the security of The Equipment at all times during the hire period. Any lost, broken, damaged or destroyed equipment will be charged to The Hirer, at full repair or replacement value at the discretion of The Company.
LIABILITY: The Hirer hereby indemnifies and holds harmless The Company against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities arising out of connected with, or resulting from lessee’s use of The Equipment. The Company will not be liable for personal injury or death, loss or damage to goods or property from any cause howsoever arising. The Hirer acknowledges that The Equipment is accepted in good condition and is as described. The Hirer agrees that The Equipment must be returned in the same condition as when The Equipment was delivered to The Hirer. If The Equipment is damaged, lost or stolen The Hirer is liable for all costs associated with repairing or replacing The Equipment. The Hirer agrees that it is also responsible to monitor the temperature of cool rooms, freezers and hot boxes.
PROPERTY IN THE EQUIPMENT HIRED: It is agreed that property in The Equipment remains with The Company and that The Hirer shall have no right, title or interest therein or thereto except as expressly set forth in The Agreement.
EVENT OF DEFAULT: After the occurrence of an Event of Default, The Company may without demand recover possession of The Equipment. For the purposes of recovering possession and without limiting the generality of the foregoing, The Hirer irrevocably authorises and licenses The Company, its servants and agents to enter any premises where The Equipment may be stored and to take possession of The Equipment. The Hirer will pay for and will indemnify The Company against any claims, losses, damages, costs and expenses arising out of the repossession of The Equipment.
GOVERNING LAW AND JURISDICTION: The Agreement is governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of that State.
CHANGES TO AGREEMENT: From time to time there may be information on The Company’s website that contains typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice including after The Hirer has submitted an order or entered into The Agreement.
THE COMPANY’S DECISION IS FINAL IN ALL MATTERS RELATING TO THESE TERMS AND CONDITIONS OF HIRE

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