The Wow Facta
Terms & Conditions
1.1 In these Terms :
“goods” means any product supplied by The Wow Facta and includes delivery, set-up and collection.
“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended.
“Hire Period” means the time from when the goods leave The Wow Facta’s premises until they are received back.
“Hire Agreement” means the Agreement for the hire of goods
“Purchase Agreement” means the Agreement for the purchase of goods
“Hirer” means a person, firm or corporation jointly and severally if there is more than one, hiring goods from The Wow Facta
“Purchaser” means a person, firm or corporation jointly and severally if there is more than one, purchasing goods from The Wow Facta
“The Wow Facta” means The Wow Facta ABN
“Site” means the site where goods are delivered, used or intended to be used by the Hirer or Purchaser.
“Terms” means these Terms & Conditions
- Basis of Agreement
- Unless otherwise agreed by The Wow Facta in writing, sms or email, the Terms apply exclusively to every Purchase or Hire Agreement and cannot be varied or supplanted by any other terms, including the Purchaser or Hirer’s terms and conditions (if any).
- A quote in writing, sms or email by The Wow Facta regarding the Hire or Purchase of goods is valid for 30 days and is an invitation only to the Purchaser or Hirer to enter into an Agreement based on that quote. Any terms in The Wow Facta quote form part of the Terms and, if inconsistent, the terms in the quote prevail.
- Prices for the hire or purchase of goods will be advised by The Wow Facta at the date of hire or purchase and are only valid for the current hire or purchase.
- The Wow Facta supply and delivery of any goods is subject the The Wow Facta Agreement.
- All quotes include GST
- If the Hirer or Purchaser requests any variations to the Agreement, The Wow Facta may vary their fees to account for the variation.
- Where there is any change in in the costs incurred by The Wow Facta in relation to the hire or purchase of goods The Wow Facta may vary its fees in order to take account of any such change, by notifying the Hirer.
- Payment for the hire or purchase must be made in the manner and at the times referred to in the Agreement promptly and without deduction.
- Payments must be made by cash, credit card or EFTPOS.
- The Wow Facta may retain a portion of payment to cover cancellation fees to cover administration costs in terms of the Agreement.
- Variation and Cancellation
- If through circumstances beyond the control of The Wow Facta, The Wow Facta is unable to provide goods, the The Wow Facta may :-
- Offer alternative goods
- Cancel the hire or purchase (even if it has already been accepted) by notice in writing, sms or email without any liability to the Hirer or Purchaser.
- The Hirer may cancel a Hire Agreement prior to delivery but will forfeit a portion of payment received as defined in the Agreement.
- Delivery, Collection and Return
- The Hirer must allow The Wow Facta employees, agents and insurers access to the goods at all reasonable times to deliver, install, remove, inspect, repair or replace them. The Hirer is responsible for providing safe and proper access to the site. The Hirer is liable for all injury, loss or damage suffered by The Wow Facta, its employees or agents while at the site.
- If the Hirer requires any change to the time of delivery or collection of the goods it must promptly notify The Wow Facta in writing, sms or email. The Wow Facta in its absolute discretion may accept or reject such request. If The Wow Facta accepts such request it may charge the Hirer for additional hire fees and cost incurred by The Wow Facta.
- If, for whatever reason The Wow Facta is unable to gain access to the site for delivery or collection of goods, it may charge the Hirer for delivery and collection charges for each unsuccessful attempt.
- If the Hirer Agreement states that the Hirer must arrange for collection and return of the goods to The Wow Facta and the Hirer fails to return the goods at the end of the Hire Period, the Hirer agrees to pay The Wow Facta the daily hire charge for each items for each day from the end of the Hire Period until the goods are returned or until adequate compensation is made to The Wow Facta including for any loss or destruction of the goods.
- The Wow Facta count and decision as to the condition of goods prior to delivery and on return shall be final.
- Responsibility of the Hirer
- During the Hire Period and at any time the goods remain in the possession or under the control of the Hirer, the Hirer :
- Is responsible for and bears the risk for all of the goods including damage to the goods caused by fire, storm, collision, accident, theft or burglary
- Is responsible for using the goods in strict conformity with instruction from The Wow Facta
- Must comply with all relevant laws, by-laws and regulations
- Must maintain and return the goods in the same condition as at the start of the Hire Period
- Must not sell, motgage, sublet,assign or otherwise dispose of the goods , as all goods remain the property of The Wow Facta
- Must immediately notify The Wow Facta of any damage to the goods during the Hire Period
- Must within 14 days of demand, pay The Wow Facta for any damage or losses to any goods, sustained while the goods were in possession of the Hirer
- The Hirer acknowledges that:
- The Hirer is solely responsible for all risks relating or arising from the selection, use and location of the goods.
- The Hirer must indemnify The Wow Facta and keep it harmless from all costs, actions, claims, demand, loss or damage (including all legal costs) arising from or in connection with the goods or as a result of its use by the Hirer.
- Loss or Damage
- The Hirer must carefully inspect the goods upon delivery and notify The Wow Facta within 4 hours if there is any damage, loss or shortage
- If repair is impracticable and if replacement goods are not available, the proportional charge for the damaged goods will be credited to the Hirer and The Wow Facta will not have any other liability whatsoever to the Hirer.
- No relief from hire fees or any claims will be allowed by The Wow Facta where:
- An event has been delayed, cancelled or postponed for reasons out of The Wow Facta’s control including, without limitation inclement weather or site conditions.
- The Hirer must not try to affect any repairs on any goods.
- 9. Property, Risk & Insurance
9.1 The ownership of the goods at all times remains with The Wow Facta and nothing in these Terms or any Hire Agreement imparts any ownership rights to the Hirer.
9.2 The ownership of the goods at all times remains with The Wow Facta until paid for in full by the Purchaser.
9.3 The risk in the use of the goods is with the Hirer for the Hire Period or while the goods are in the custody, possession of the Hirer.
9.4 The Hirer must have its own insurance for loss, damage or theft of the goods to its full replacement value.
9.5 In the event that the goods are damage, destroyed, lost or stolen the Hier must pay The Wow Facta the full replacement cost of the goods.
- Default & Termination.
10.1 If the Hirer:
(a) breaches any of the Terms
(b) allows the goods to be damaged or lost or the goods are damaged or lost while under the responsibility of the Hirer:
(c) defaults in payment by the due date of any amount payable:
(d) is an individual and becomes bankrupt or enters into any scheme or arrangement or composition of the benefits of his or her creditors;
(e) is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment or composition with or for the benefit of its creditor’s, receiver or manager appointed, or any action is taken for winding up or dissolution:
Then The Wow Facta may, without prejudice to any other remedy available to it:
(f) require immediate payment of all money which would become payable by the Hirer to The Wow Facta at a later date on any account, without further notice:
(g) charge the Hirer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until the date of payment in full:
(h) charge the hirer for, and the Hirer must indemnify The Wow Facta from all cost and expenses (including without limitations all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover the goods:
(i) charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods :
(j) charge the Hirer for subsequent lost hire fees as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced:
(k) immediately terminate the Hire Agreement.
10.2 On termination, the Hirer must immediately make the goods available for collection. If the Hire does not, The Wow Facta is entitled to enter the site where the goods are suspected to be to repossess the goods. The Wow Facta will not be liable for any damage caused and the Hirer must indemnify The Wow Facta from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.
11.1 Repair or replacement of the goods or refund of the hire fees, as determined in the absolute discretion of The Wow Facta , is the absolute limit of the Wow Facta’s liability howsoever arising under or in connection with the hire, use of, storage or any other dealings with the goods by the Hirer or any third party.
11.2 The Wow Facta is not liable for any indirect or consequential losses or expenses suffered by the Hirer or any third party, howsoever caused including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
11.3 The Wow Facta will not be liable for any loss or damage suffered by the Hirer where The Wow Facta has failed to meet any delivery date or cancels or suspends the hire of goods.
12.1 The law of Victoria from time to time governs the Terms and the parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
12.2 Failure by The Wow Facta to enforce any of these terms shall not be construed as a waiver of any of The Wow Facta’s rights
12.3 If any of the Terms are unenforceable it shall be read down as to be enforceable or, if it cannot be read so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.
12.4 A notice must be in writing and handed personally or sent by prepaid mail to the last known address of the addressee. Notices sent by prepaid posting are deemed to be received upon the date of posting.