Terms & Conditions
Little Party Play – ABN 58 648 925 964
1. DEFINITIONS
(a) The “Owner” is Little Party Play
(b) The “Renter” means a person who has personally signed this agreement, or has been signed on the renter’s behalf by an agent
(c) The “Goods” means toys and any replacements and includes all accessories and other equipment.
(d) The “Rental Period” means the period beginning and ending on the date set out on the invoice provided by the Owner to the Renter.
2. RENTER'S OBLIGATIONS
Conditions of Hire
(a) The hiring of the equipment will commence from the Rental period. The Renter is entitled to use the equipment for the Rental Hire period. Any extension of the period must be agreed to by Little Party Play.
(b) The Renter agrees not to use the equipment at locations or purposes different to the equipment’s general designated purpose and specified suitability (such as indoor versus outdoor use listed on the website).
(c) Keep and return the goods in first class condition;
(d) Only use the goods as they would be used by a careful and prudent owner;
(f) Not use the goods for any illegal purpose;
(g) Report any damage to, or loss of, the goods to the owner immediately such damage or loss occurs;
(h) Take their own precautions and stop using the goods in the event that the goods break down or becomes unsafe to use during rental period and take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the good;
(i) Contact the owner directly first regarding any issues concerning your order of the goods (whether as to quality, fit for purpose, delivery, quantity, quality or otherwise of the goods)
(j) Be liable for any breach of this agreement committed by the renter’s servants or agents; and
(k) Defend the owner against any demands, claims or actions brought against the owner and indemnify the owner for any loss (including legal costs) incurred by the owner in relation to any breach of this agreement and for any liability arising out of any such breach.
Parental Supervision of Children
(l) Our toys are not to be used without parental supervision at all times. The Renter agrees to communicate to all parents or carers at the event not to leave their child playing alone and to exercise parental supervision at all times.
(m) The renter (and each party claiming through it) releases and forever discharges the Owner, its agents, directors and employees from all actions, proceedings, suits, claims, demands and costs of any description whatsoever relating to the goods or business other than to the extent that those claims relate to the fraud, default or gross negligence of the Owner.
(n) The Renter indemnifies and agrees to keep indemnified the Owner, its agents, directors and employees against all injury, loss, damage, costs, fees and expenses (including economic and consequential loss or damage) suffered or incurred by any of the parties in relation to the goods or business or the due performance by the Owner of its obligations under this Agreement other than to the extent that the Loss arises due to the fraud, default or gross negligence of that Owner.
(o) The Renter acknowledges and assumes any risks and must take their own reasonable precautions and stop using the goods in the event that the goods becomes unsafe to use during rental period and take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the good.
3. PAYMENT
(a) The renter agrees to pay to the owner the amount of the rental charge set out in the invoice provided by the owner, including delivery charges if applicable) for the rental period, together with any applicable GST.
(b) Payment for hire of goods must be made by; (i) 30% non-refundable deposit upon confirmation of order; and (ii) the balance of the agreed hire price made 7 days prior to delivery of the goods.
(c) A bond payment of $200 will be taken by the owner 7 days before the event date, and will be refunded upon return of the goods in a condition acceptable to the owner.
(d) Payment must be made by bank transfer or cash.
(e) All orders placed less than 7 days from delivery require full payment to confirm the booking.
(f) By making a booking through confirming a quote, deposit payment or remittance of funds, the Renter acknowledges and agrees to the Owners Terms and Conditions listed on the website.
(g) All prices on Little Party Play website are in Australian Dollars (AUD).
(h) All prices quoted on Little Party Play website are for up to per day hire from 9am-5pm. Any delivery or pick up after hours will incur additional charges and will be determined by the owner upon invoicing.
4. CANCELLATION
The Renter is able to cancel an order but must forfeit any hire fees paid as follows:
(a) If booking is cancelled 4 weeks before the event date, Owner will make a full refund of any hire fees paid minus the 30% deposit paid;
(b) Bookings cancelled 1 – 3 weeks before the event date will forfeit between 50% of the total hire fee depending on the time of year;
(c) Bookings cancelled or item quantities reduced within 7 days of the event date will forfeit 100% of the total hire fee.
5. DELIVERY & COLLECTION
(a) The goods shall be returned in a reasonably clean, but not necessarily sterile state or a cleaning fee may apply.
(b) The Renter must provide safe and proper access to and at the event site.
(c) The Renter shall protect the equipment from the elements during the time of delivery, use, storage or waiting period before pick-up.
(d) Delivery prices quoted are for delivery on street level. Extra charges shall be payable for delivery to and removal from higher or lower levels.
(e) If Renter chooses to pick up the item from the Owner’s premises, the Renter is responsible for: (i) Considering all measurement if the toys hired to ensure the Renter’s vehicle is able to fit the toys (ii) Using all padded foam and other protective measures provided by the Owner on both pick up and delivery period to ensure the toys are not damaged during the delivery period. (iii) Only pick up and drop off the items at a mutually agreeable time with the Owner.
6. OVERDUE RENTALS
(a) The renter will be charged to additional fees (per day fees quoted on website) if the equipment is not returned upon the agreed timing stated in the invoice. The per day fees will be charged until the toys are returned completely.
(b) If the renter has not returned the at the end of your rental period and has not contacted the owner and arranged a separate return time with the owner within 48 hours since the rental period, the owner will consider the goods as non-returned and shall be entitled to keep the $100 bond payment and charge the renter’s PayPal the recommended retail value cost of the toys.
7. FORCE MAJEURE
For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither Owner nor the Renter will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. Owner may give written notice to the Renter, giving full particulars of such Force Majeure.
The Owner shall not be liable for any indirect or consequential losses or expenses suffered by the Renter as a result of any delays caused by such Force Majeure events.
8. MISCELLANEOUS
Title to goods
The renter acknowledges that the owner retains title to the goods and that the renter has rights to possess the goods as a mere bailee only. The renter does not have any right to pledge the owner’s credit in connection with the goods and agrees not to do so. The renter also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the goods and not to conceal or alter the goods or make any addition or alteration to, or repair of, the goods.
No waiver
Time is of the essence of this agreement, except that no delay by the owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
Governing law
This agreement will be governed by the law of Victoria.
Dispute determination
If any dispute or difference whatsoever must arise between the parties as to the performance or as to the meaning of this agreement such dispute or difference must be submitted to mediation/ alternative dispute resolution.