RENTAL AGREEMENT

DEFINITIONS

Agreement means this agreement and any annexure or schedule attached to it.

Business Day means any day that is not a Saturday, Sunday or public holiday.

Start Date means the date on which the rental period commences, as specified in the Quotation.

End Date means the date that Equinox Event Rentals Jamaica collects the Equipment from the Renter, as agreed between the Parties.

Delivery Fee means the fee payable to Equinox Event Rentals Jamaica, for the delivery of the Equipment, as specified in a Quotation.

Deposit means the 50% deposit payable to Equinox Event Rentals Jamaica , by the Renter, under this Agreement as stated in a Quotation.

End Date means the date on which the Rental Period ends, as specified in the Quotation, or on such other date agreed upon between the Parties. In the event that any item comprised in the Equipment are stolen or damaged, then the expiry date will be the date on which the insurance company accepts a claim for the goods, having been stolen or damaged.

Equipment means the items specified in any Quotation issued to you by Equinox Event Rentals Jamaica.

Rental Period means a rental period of 24 hours, commencing on the Commencement Date and ending on the End Date, unless otherwise agreed between the parties.

Renter means the party hiring the Equipment from Equinox Event Rentals Jamaica.

Party means Equinox Event Rentals Jamaica and/or the Renter.

Quotation means any quotation or invoice provided to you by Equinox Event Rentals Jamaica for your Rental of the Equipment, including via the Website.

Security Bond means a security bond payable to Equinox Event Rentals Jamaica by the Renter under this Agreement and as set out in a Quotation.

Website means the Equinox Event Rentals Jamaica website, which is displayed at www.eventrentalsja.com

 

  1. Rental of Equipment

 

1.1    Equinox Event Rentals Jamaica agrees to grant a temporary bailment of the Equipment to you, in exchange for your payment, as required under this Agreement.

1.2    Unless otherwise agreed via email the period of the bailment is for the Rental Period, but remains determinable in the sole discretion of Equinox Event Rentals Jamaica.

  • Unless otherwise agreed via email, all Equipment will be made available to the Renter for the Rental Period.

1.4    Equinox Event Rentals Jamaica will not confirm or hold the Equipment until the Deposit has been received in cleared funds and the Renter has been issued with a deposit receipt, along with confirmation of the Renter’s order.

1.5    The Renter must provide Equinox Event Rentals Jamaica with easy and necessary access to the Delivery Address that is safe and proper for the Rental Period. The Renter agrees that they are liable for all injury, loss and/or damage suffered by Equinox Event Rentals Jamaica, our employees or agents, while at the Delivery Address.

1.6    If, for any reason Equinox Event Rentals Jamaica are unable to gain access to the Delivery Address for delivery of the Equipment, Equinox Event Rentals Jamaica may charge an amount reasonably determined in its sole discretion to the Renter for additional delivery services, for each attempt to deliver the Equipment.

1.7    Equinox Event Rentals Jamaica will not be liable for any injury, loss and/or damage suffered by the Renter, or any other person, as a consequence of the Renter’s use of the Equipment.

  1. Delivery of Equipment

2.1    Equinox Event Rentals Jamaica agrees to deliver all Equipment to the Delivery Address by no later than the Delivery time. In the event the delivery is late, Equinox Event Rentals Jamaica is not liable for any loss or damage incurred by the Renter.

2.2    If outlined in any Quotation, Equinox Event Rentals Jamaica must make reasonable attempts to set up the Equipment after it has been delivered to the Delivery Address.

2.3    The Renter must notify Equinox Event Rentals Jamaica if delivery is required above street level before the Deposit is paid. If on arrival, delivery is required above street level and Equinox Event Rentals Jamaica has not been notified under this clause, the Renter must pay an additional upstairs fee in the sole discretion of Equinox Event Rentals Jamaica immediately.

2.4    The Renter must ensure measurements of the Equipment supplied by Equinox Event Rentals Jamaica are appropriate for the event space including ceiling heights, door and stair access. If any of the Equipment does not appropriately fit, Equinox Equinox Event Rentals Jamaicamay refuse delivery.

  1. Payment

3.1    Unless otherwise agreed between the Parties, the Renter must pay the Deposit to Equinox Equinox Event Rentals Jamaicawithin three (3) days of a Quotation being issued. If the Deposit is not paid by this time, then we may make the Rentald Equipment available for public Rental again.

3.2    The Deposit is non-refundable, cannot be transferred to any third party or exchanged for a credit note.

3.3    The Renter must pay the Rental Fee, less the Deposit (the Balance), to Equinox Event Rentals Jamaica by no later than fourteen (14) Business Days prior to the Commencement Date.

3.4    The Renter’s failure to pay the Balance, as required under clause 3.3 above, may result in the cancellation of your order by Event Rental Jamaica.

3.5    We cannot confirm delivery of the Equipment, until such time that the Rental Fee has been paid, in full.

3.6    Payment of the Deposit will constitute acceptance of the terms and conditions contained in this Agreement.

3.7    In the event that the order to Rental Equipment from Equinox Event Rentals Jamaica within seven (7) days of the commencement of the Rental Period, then the Rental Fee must be paid in full, within 24 hours of a Quotation being issued.

3.8    The Renter must pay the Delivery Fee, as specified on any Quotation.

3.9    The Renter must pay the Security Bond, as specified on any Quotation, no less than seven (7) days before the commencement of the Rental Period.

3.10  All amounts paid to Equinox Event Rentals Jamaica under this Agreement are exclusive of GST.

  1. 4. Renter’s Warranties and Acknowledgements

 

4.1    The Renter is responsible for using the Equipment in accordance with any directions given by Equinox Event Rentals Jamaica and in conjunction with instructions or specifications that apply to any item comprised in the Equipment, where applicable.

4.2    The Renter must not sell, charge, pledge or part with the possession of the Equipment.

4.3    The Renter must ensure that the Equipment is used in accordance with any operating instructions given by Equinox Equinox Event Rentals Jamaicaand that the use of the Equipment complies with all applicable laws.

4.4    The Equipment will be at all times, whilst in the care, custody or control of the Renter, at the risk of the Renter.

4.5    If any of the Equipment requires repair or replacement as a result of the Renter’s use of the Equipment, the Renter must bear the total cost of any such repair or replacement. Any repairs carried out by Equinox Event Rentals Jamaica will be charged at the normal hourly repair rate of Event Rental Jamaica.

4.6    The assessment of any damage to the Equipment and costing of charges to repair or replace the Equipment, shall be at the sole assessment of Event Rental Jamaica.

4.7    If the Renter is a corporation:

  • it is duly incorporated under the Corporations Act 2001 (Cth) and has the power to carry on its business and full power and authority to enter into, observe and do all things required by, the Agreement; and
  • the person signing on behalf of the corporation is duly authorised to enter into the Agreement on behalf of the corporation and if in breach of this warranty, agrees that he or she shall be personally liable for performance of the corporation’s obligations.

4.8    The Renter represents and warrants that no litigation or administrative or other proceedings before or of any court or governmental authority or agency or other tribunal have, to the knowledge of the Renter, been initiated or threatened against the Renter or any of the Renter’s assets, which would, might or have a materially adverse effect upon the business, assets or financial condition of the Renter.

Ownership of the Equipment

5.1    The Renter acknowledges that during, and outside of, the Rental Period, Event Rental Jamaica retains full title to the Equipment, subject only to the rights of the Renter as a mere bailee of the Equipment, with a right only to possess and use the Equipment, in accordance with and under this Agreement.

Limitation of Liability

6.1    To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by this Agreement, is limited, at our option, to one or more of the following:

  • In the case of services supplied or offered by us:
  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.
  • In the case of goods supplied or offered by us:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

6.2    Other than expressly provided for in this Agreement, the Renter acknowledges that they have not relied on any statement or representation by Event Rental Jamaica in respect of the Equipment or use of the Equipment by the Renter, irrespective of whether or not the Renter’s purpose for the use of the Equipment is known to Event Rental Jamaica.

6.3    Equinox Event Rentals Jamaica will not be liable, whether before or after the Rental Period, for any loss or damage that the Renter suffers arising from, or caused or contributed by, Equinox Event Rentals Jamaica negligence, nor will the Equinox Event Rentals Jamaica be liable for special, indirect or consequential loss or damage as a result of a breach by Equinox Event Rentals Jamaica of the Agreement, including but not limited to loss of profits or revenue, the costs arising from the loss of the use of the Equipment and the costs of any substitute Equipment, which the Renter acquires.

6.4    Although great care has been taken by Equinox Event Rentals Jamaica to accurately reflect Equipment in photographs displayed on our website and/or other advertising material, you agree and acknowledge that these photographs are for illustrative purposes only and may vary from Equipment depicted or described.

6.5    The Renter acknowledges that it enters into this Agreement, having carried out its own due diligence as to the condition, suitability and fitness of the Equipment for the Renter’s purpose, and that it has not relied on any skill and judgment, or on any representation made by, or on behalf of, Event Rental Jamaica

Renter’s Covenants

7.1    The Renter must, at all times, keep and maintain the Equipment, ensuring that it is in good and proper condition. In particular, the Renter must:

  • keep the Equipment in a secure location at all times;
  • prevent the Equipment from being stolen, unauthorized use, misuse, vandalism, exposed to inappropriate environment; and
  • make the Equipment available to Equinox Event Rentals Jamaica, in the same condition (fair wear and tear excepted) as when it was delivered to the Renter by Equinox Event Rentals Jamaica on the Delivery Time.
 

7.2    The Renter agrees that they will be liable for any loss of, or damage to, the Equipment, including damage caused by fire, water, storm, collision, accident, theft or burglary. The Renter must give reasonable notice to Event Rental Jamaica, in writing, of any such loss or damage.

 7.3    The Renter must not use the Equipment for any illegal purpose.

7.4    The assessment of any damage to the Equipment and costing of charges to repair or replace the Equipment, shall be at the sole assessment of Equinox Event Rentals Jamaica.

7.5    The Renter must promptly give written notice to Equinox Event Rentals Jamaica of any damage to the Equipment, any hazards threatening or affecting the Equipment and/or any hazards arising from the Equipment for which the Equinox Event Rentals Jamaica might be liable.

7.6    The Renter must not, without the prior written consent of Equinox Event Rentals, organise for any maintenance or repairs to be carried out to the Equipment, but where such consent has been obtained and maintenance and/or repair works are carried out, the Renter must provide Equinox Event Rentals Jamaica with receipts for such works.

7.7    Equinox Event Rentals Jamaica may charge the Renter any amounts incurred by Equinox Event Rentals Jamaica to rectify damage arising out of the Renter’s breach of any provision of clause 7. The Renter agrees to pay Equinox Event Rentals Jamaica for any amount charged under this clause.

Theft and malicious damage to the Equipment

7.1    In the event of an incident of theft or malicious damage to the Equipment, the Renter must immediately report such incident to the police and provide the police reference number to Event Rental Jamaica, immediately upon its request.

7.2    Equinox Event Rentals Jamaica will not be liable for any inconvenience, loss or damage suffered by the Renter, because of any accident, theft or malicious damage to the Equipment.

7.3    The Renter will not be entitled to any refund under this Agreement where the Equipment becomes unavailable for use due to theft that occurs to the Equipment, or the Equipment being damaged, during the Rental Period.

7.4    The Renter will be liable to pay to Event Rental Jamaica, the Rental Fee for the period of time that the Equipment is unavailable for Rental because of damage, accident or an incident of theft, which was caused by the Renter’s recklessness and/or negligence.

Insurance

8.1    Equinox Event Rentals Jamaica will be responsible for effecting and keeping current a general insurance policy or policies in respect of the Equipment to cover the Equipment in relation to damage or destruction of the Equipment, third party risk and public liability.

8.2    The Renter must not do any act in relation to the Equipment, which has the capability of rendering void, or voidable, Equinox Event Rentals Jamaica insurance policy or policies covering the Equipment.

Indemnity

9.1    By using the Equipment, you agree to indemnify Equinox Event Rentals Jamaica from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Equipment by you.

Cancellation

  • In the event that the Renter cancels (in writing or by email) delivery of the Equipment, Equinox Event Rentals Jamaica will refund any amounts paid by the Renter, excluding any Security Bond, Deposit or Rental Fee already paid to Event Rental Jamaica. The Rental agrees and acknowledges that they will only be entitled to receive a refund, if the cancellation occurs at least fourteen (14) days prior to the Rental Period commencing.
  • In the event that Equinox Event Rentals Jamaica is unable to supply the Renter with the Equipment, or any part of it, because of a previous Renter not making the Equipment available for collection, then Equinox Event Rentals Jamaica may cancel the Renter’s order.
  • In the event that Equinox Event Rentals Jamaica required to cancel the Renter’s order under clause 10.2 above, then Equinox Event Rentals:
  • will, within three (3) Business Days of the Renter being notified of the cancellation, refund all amounts paid by the Renter to Event Rental Jamaica; and
  • will not be liable for any loss or damage that the Renter may suffer, arising from, or caused or contributed by, Equinox Event Rentals Jamaica cancellation under clause 10.
  • Collection of Equipment
  • The Renter must make all Equipment available to Equinox Event Rentals Jamaica, as set up by Equinox Event Rentals Jamaica, at the time of delivering and setting up the Equipment, for your event.
  • Unless otherwise agreed between Equinox Event Rentals Jamaica and you, all Equipment must be made available to be picked up by Equinox Event Rentals Jamaica at the Collection Time.
  • If for any reason Equinox Event Rentals Jamaica are unable to gain access to the Delivery Address for collection of the Equipment, Equinox Equinox Event Rentals Jamaica may charge an amount reasonably determined in its sole discretion to the Renter for additional collection services, for each attempt to pick up the Equipment.
  • The Security Deposit will be repayable to you by Equinox Event Rentals Jamaica only if, upon inspection of the Rental Equipment, Equinox Event Rentals Jamaica determines in is sole discretion that the Equipment is in a good condition, and that you have not materially breached this Agreement.
  • In the event that any items comprised in the Equipment are damaged or missing Equinox Event Rentals Jamaica will be entitled to retain the Security Bond, or any portion of it. If the cost of repairing, replacing, or cleaning the equipment exceeds the Security Bond, the Renter agrees to pay Equinox Event Rentals Jamaica any further amount as set out in writing or by email to the Renter immediately.
  • Equinox Event Rentals Jamaica will, within three (3) Business Days of taking possession of all Rental Equipment from the Renter, refund the Security Bond to the Renter’s nominated bank account.
  • The refund of the Security Bond, or any part of it, under clause 11.6 above is conditional upon the Equipment being in the same condition that it was supplied in.
 

Refusal to Rental

12.1  Equinox Event Rentals Jamaica reserves the right to refuse Rental of the Equipment to any persons and for any reason.

13     Entire Agreement

13.1  The terms and conditions contained in this Agreement constitute the entire agreement between Equinox Event Rentals Jamaica and the Renter with respect to the Equipment provided by Equinox Event Rentals Jamaica and shall not be amended, except in writing.

Force Majeure

14.1  With the exceptions of any payment obligations, neither party shall be under any liability whatsoever for the consequences of any failure on its part to perform an obligation under this Agreement where delay is due directly or indirectly to any event of force majeure. “Events of Force Majeure” include any acts of God, war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, or any other event beyond its reasonable control.

14.2  If there is an event of force majeure, Equinox Event Rentals Jamaica will notify the Renter and the likely impact on its performance under this Agreement. If the event is affected by the capacity of Equinox Event Rentals Jamaica to complete its material obligations under this Agreement in a timely manner, Equinox Event Rentals Jamaica may by notice to the Renter terminate this Agreement without any liability whatsoever on its part arising from such termination.

Disputes

15.1  Both Equinox Event Rentals Jamaica and the Renter agree that any disputes arising from the Rental and use of the Equipment (except concerning payment of fees or charges) shall be negotiated with a view to settlement.