- The hirer must
pay for the hire of the play equipment in full one week prior to the
scheduled hire period via direct deposit or otherwise arranged.
If our delivery service is being provided, a pre-arranged date will be
agreed between the Hirer and ABC Kids Play Zone for the delivery and
pickup of the hired play equipment. ABC Kids Play Zone reserves the
right to charge a late fee if the Hirer fails to make the play equipment
available for pick up at the pre-arranged date and time without
reasonable notice to ABC Kids Play Zone. The late fee shall be
equivalent to one (1) week hire of the respective play equipment.
- The Hirer agrees to the following “Rules for Use”,
- No food or drink to be consumed on play equipment.
- Children to be supervised by responsible adult at all times; children under 2 need a hands on supervisor at all times.
- Equipment to be used for intended purpose ONLY.
- Use within age, weight, and size restrictions.
- Use on flat level ground.
- Use all safety equipment provided where applicable.
- All assembly must be conducted in accordance with instructions by responsible adult.
- No shoes to be worn on play equipment, with exception to rides or ride ons where shoes MUST be worn.
- No loose clothing or accessories to be worn on equipment.
It is the sole responsibility of the Hirer to ensure that the play
equipment hired is suitable for the age and abilities of the children
who will use them and the Hirer must ensure that any or all children
using any equipment supplied by ABC Kids Play Zone are supervised by a
competent person at all times.
- If the Hirer is a ‘consumer’ of
goods or services within the meaning of that term in the fair trading
act 1987 (SA) or similar legislation, then the Hirer will have the
benefit of certain non-excludable rights and remedies in respect of the
play equipment and nothing in these terms of hire excludes, restricts or
modifies any condition, warranty, right or remedy which is conferred
pursuant to the Fair Trading Act or similar legislation.
Subject to clause 5 above, ABC Kids Play Zone shall not be liable for
any expenditure, damage, loss or inconvenience incurred by the hirer
arising out of the play equipment whether caused by fair wear and tear
or any other reason whatsoever. Under no circumstances will ABC Kids
Play Zone be held liable for any injury caused by or arising from the
play equipment supplied.
- Subject to clause 5 above, ABC Kids
Play Zone shall not be liable and the hirer hereby releases ABC Kids
Play Zone from any loss or damage howsoever arising whether arising
under statute, from negligence, personal injury, death, property damage,
infringement of third party rights, or any indirect, special or
consequential damages or injury to any person, corporation or other
- The play equipment supplied for hire will remain the
exclusive property of ABC Kids Play Zone and the Hirer will not lend,
sell, or underlet any play equipment supplied for hire.
- In the event of theft of the play equipment, ABC Kids Play Zone is under no obligation to provide replacement play equipment.
In the event of theft of the play equipment supplied, the hirer must
immediately notify ABC Kids Play Zone and the Hirer will be responsible
for the replacement value of the play equipment.
- In the event of damage to the play equipment, ABC Kids Play Zone will elect whether the Hirer must pay an amount equal to:
- The cost of replacing the play equipment: or
- The cost of the repair of the play equipment
In the event of damage to the play equipment and the Hirer elects to
leave the play equipment and not return the play equipment to the place
of hire or repair where the Hirer could have reasonably done so then
the Hirer will pay ABC Kids Play Zone reasonable costs of the repair,
retrieval and return of the play equipment.
- The Hirer
acknowledges that this Hire agreement is subject to all known defects in
the play equipment as disclosed to the Hirer on the quote and/or the
invoice and/or advertising and/or by ABC Kids Play Zone in writing.
It is the Hirer’s responsibility to examine the play equipment prior to
use to determine fitness and state of repair. The Hirer accepts
responsibility to return the play equipment in the same state of repair
and cleanliness as when delivered.
- A Cleaning fee of $60 per
hour will apply where the play equipment is returned in an unacceptable
condition which requires extra cleaning.
- The customer hereby
charges any interest it has in any real or personal property with the
payment of the play equipment and grants to ABC Kids Play Zone the legal
right to lodge a caveat or similar security against such interests.
The Hirer hereby indemnifies ABC Kids Play Zone against all costs,
disbursements and expenses including, but not limited to, legal costs
relating directly or indirectly to the payment of the hire of the play
equipment including the costs of lodging a caveat or similar security
and all incidental solicitor’s costs on an indemnity basis.
- If a
clause is void, illegal or unenforceable, it may be severed without
affecting the enforceability of the other provisions of these Terms and
- Any variations to these Terms and Conditions must be in writing and signed by ABC Kids Play Zone and the Hirer.
ABC Kids Play Zone respects the Hirer’s privacy and complies with the
Privacy Act 1998(Cth). ABC Kids Play Zone may gather and process
information which the Hirer provides, such as the Hirer name, address,
email address and other personal information and ABC Kids Play Zone may
use the information acquired to offer the Hirer goods and services.