These Hire Terms and Conditions govern the relationship between the Parties.
By accepting the Proposal provided, you are agreeing to these Hire Terms and Conditions. 
Parties
You are the Client, and Your details are set out in the Proposal (You/Your). 
AND -
Sarah Paton t/a House of Graze (abn: 59669543185) (HOUSE OF GRAZE).

Summary 
HOUSE OF GRAZE offers party and event planning services, and equipment, stationery and signage for hire. 
You have agreed to hire from HOUSE OF GRAZE the equipment listed in the proposal provided to You at the time of providing these Hire Terms and Conditions (Equipment) upon the terms and conditions set out below. 
These Hire Terms and Conditions (Terms and Conditions) are to be read in conjunction with the proposal provided to you at the time of providing these Terms and Conditions (Proposal). 

Hire of Equipment
The hire of the Equipment will commence from the commencement date specified in the Proposal and continue for the term specified in the Proposal.
You are entitled to use the Equipment for the hire period as outlined in the Proposal (Hire Period) and for any agreed extension of the period.
The Hire Period is completed when the Equipment has been returned to HOUSE OF GRAZE:
in the same condition as when it was hired; and
on or by the date and time outlined in the Proposal.
HOUSE OF GRAZE reserves the right to refuse to hire the Equipment to any person or entity for any reason. 

Payment 
You agree to pay HOUSE OF GRAZE a non-refundable deposit (Deposit) and the hire fee (Hire Fee) as set out in the Proposal.   

You agree to pay the Deposit and the Hire Fee in accordance with invoices issued to you, and by the method set out in each invoice.

House of Graze reserves the right to charge you a refundable security bond in the amount as set out in the Proposal to cover any damage to the Equipment (Security Bond). You acknowledge that the whole or part of the Security Bond may be forfeited if the Equipment is damaged or broken during the Hire Period, or if items are not returned at the end of the Hire Period. 

If you wish to accept the Proposal and agree to these Terms and Conditions, an invoice from HOUSE OF GRAZE will be issued to You and You agree to pay the Deposit and Security Bond to HOUSE OF GRAZE within 7 days of receipt of such invoice, to secure the Equipment.

The Deposit is non-refundable and cannot be transferred to another person.

You must pay the Hire Fee to HOUSE OF GRAZE 7 days before the commencement date specified in the Proposal. If payment of the Hire Fee is not made in full on or before the due date, HOUSE OF GRAZE is entitled to terminate these Terms and Conditions and will not hire the Equipment to You. 

Unless otherwise stated, all amounts expressed and described on or in connection with these Terms and Conditions and the Proposal are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 exclusive amounts.
   
Delivery and Collection of the Equipment
Unless otherwise agreed, You agree to collect the Equipment from the address of HOUSE OF GRAZE on the commencement date. These arrangements will be discussed with you in advance. 
If You collect the Equipment, You agree to return the Equipment to the address of HOUSE OF GRAZE on or before the end of the Hire Period.
If agreed in writing, HOUSE OF GRAZE will deliver the Equipment to Your delivery address specified in the Proposal on the Commencement Date.
If the delivery is late, HOUSE OF GRAZE will not be liable for any loss or damage incurred by You.
You must provide HOUSE OF GRAZE with safe access to the delivery address specified in the Proposal for the Hire Period. 
If HOUSE OF GRAZE is unable to gain access to the delivery address, You may be charged an additional fee for re-delivery attempts. 
You agree that You are liable for all injury, loss and/or damage suffered by HOUSE OF GRAZE, its employees or agents, while at the delivery address.
You must ensure all Equipment clears and fits into the delivery address including but not limited to ceiling heights, doorways, lifts and stairs. HOUSE OF GRAZE reserves the right to refuse delivery if the Equipment does not fit.
If agreed in writing, HOUSE OF GRAZE will collect the Equipment from the delivery address at the end of the Hire Period.
HOUSE OF GRAZE will undertake an inventory within 48 hours of the return of the Equipment and will advise You if any damage has been caused to the Equipment or if any items are missing. If damage has been caused and/or if repairs or replacement of the Equipment is required, the Security Bond will be forfeited and HOUSE OF GRAZE will issue you with an invoice for any balance payable by You. If no damage has been caused HOUSE OF GRAZE will arrange to return to the amount of the Security Deposit to You.
If the Equipment is not returned to, or collected by, HOUSE OF GRAZE at the end of the Hire Period due to Your failure to comply with these Terms and Conditions, HOUSE OF GRAZE will extend the Hire Period in line with the initial Hire Period, and You will be liable to pay to HOUSE OF GRAZE all costs associated with the extended Hire Period and these fees will continue to accrue and be payable by You until the Equipment is returned to House of Graze. 
You warrant and undertake to pay all amounts payable under this clause to HOUSE OF GRAZE within 7 days from the date of each invoice issued to You. 

Cancellation, Rescheduling and Refunds
You must notify HOUSE OF GRAZE of an intention to cancel or reschedule the hire of the Equipment by email at least 1 week before the Commencement Date and abide by the following cancellation policy (Cancellation Policy).  

If more than 1 weeks’ notice is provided, subject to availability, HOUSE OF GRAZE will use its best endeavours to agree a new date with You for the Hire Period, if required. If less than 1 weeks’ notice is provided, You will forfeit the Deposit and will be required to pay the full Hire Fee for the Hire Period. You will be required to pay separate fees for any new hire period agreed.

If more than 1 weeks’ notice is provided, the Deposit may be transferred to another hire period date to be subject to availability and within 3 months of the original Hire Period date.  

If you cancel the hire of the Equipment, more than 1 weeks’ notice is required, otherwise you will forfeit the Deposit paid and will be required to pay the full Hire Fee for the Hire Period.

If for any reason, HOUSE OF GRAZE is unable to supply the Equipment to You for the Hire Period, House of Graze will refund all amounts paid by You. 

If Your event is cancelled and You are required to postpone due to changes in Government restrictions related to COVID-19 and / or any other national pandemic, HOUSE OF GRAZE will make every attempt to accommodate any date change and rescheduling request subject to the availability of the Equipment. If You are unable to reschedule Your event HOUSE OF GRAZE will issue you with a credit note for the value of the Hire Fee.

HOUSE OF GRAZE may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.

Use, operation and maintenance of the Equipment
You agree that the use of the Equipment carries with it dangers and risks of injury and You agree to accept all dangers and risks.

You agree to use the Equipment in a good and careful manner and will comply with all instructions, requirements and recommendations provided to You for the use of the Equipment and comply with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.

You agree to use the Equipment for the purpose for which it was designed and not for any other purpose.

You agree to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.

You agree to keep the Equipment in a secure location. 

You agree not to sell, charge, pledge or part with possession of the equipment during the Hire Period.

You agree to keep and maintain the Equipment in clean and good repair and working order. In the event that the Equipment is not clean when returned to HOUSE OF GRAZE, You will pay HOUSE OF GRAZE the reasonable costs for cleaning the Equipment.

If House of Graze forms the view that the Equipment requires repair or replacement when returned to House of Graze as a result of Your use of the Equipment, You will pay HOUSE OF GRAZE the cost of repair or replacement.

Unless You obtain the prior written consent of HOUSE OF GRAZE, You must not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.

The Equipment provided by HOUSE OF GRAZE is not suitable for use in wet weather. You acknowledge and agree that if the weather conditions are wet or otherwise unsuitable, You will make alternative arrangements and ensure the use of the Equipment is undercover only. 

If the Equipment includes neon lights, you acknowledge and agree that these are not to be used indoors under any circumstances. Use indoors may cause a fire or other hazard. Any neon lights must not be touched whilst operating. 

You acknowledge and agree that all Equipment supplied by HOUSE OF GRAZE must not be within the reach of children when set up or installed. 

Hirer’s warranties
You warrant that:
the Equipment will be used in accordance with the conditions outlined in the Proposal and these Terms and Conditions;

the Equipment will not be used for any illegal purpose;

You will not, without the prior written consent of HOUSE OF GRAZE, modify, or permit any modification of, the Equipment in any way;

You agree that the Equipment complies with its description, is in merchantable condition and is fit for Your purpose.

 Indemnity
You will indemnify and hold harmless HOUSE OF GRAZE against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees and costs, arising out of or related to Your use of the Equipment.

Loss, damage or breakdown of Equipment
You will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.

If there is a breakdown or failure of the Equipment, then You must return the Equipment to HOUSE OF GRAZE at Your expense and You must not attempt to repair the Equipment.

Insurance
HOUSE OF GRAZE will maintain current insurance policies in respect of the Equipment to its full insurable value. You are responsible for all insurance in relation to premises, public liability, personal injury and any other required insurances. 

Liability
You will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from Your possession, use, maintenance, repair or storage of the Equipment.

Disclaimer
To the extent permitted by law HOUSE OF GRAZE disclaims all liability for and does not give any warranties to You as to the condition of the Equipment.

Title
You acknowledge that HOUSE OF GRAZE retains title to the Equipment and that You have rights to use the Equipment as a mere bailee only. You do not have any right to pledge HOUSE OF GRAZE’s credit in connection with the Equipment and agree not to do so.

You agree not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.

Termination and Repossession  
For HOUSE OF GRAZE
HOUSE OF GRAZE may terminate these Terms and Conditions with You for any breach of these Terms and Conditions by You, by providing 2 business days written notice to You by email.  
If HOUSE OF GRAZE terminates these Terms and Conditions, you will forfeit the Deposit and the full Hire Fee.
HOUSE OF GRAZE may retake possession of the Equipment if HOUSE OF GRAZE terminates these Terms and Conditions. 
      For You
You may terminate these Terms and Conditions for a breach by HOUSE OF GRAZE of these Terms and Conditions by providing at least 2 business days written notice of the breach to HOUSE OF GRAZE by email. During the 2 business day notice period, HOUSE OF GRAZE reserves the right to remedy the breach. If HOUSE OF GRAZE remedies the breach which was the cause of the notice, these Terms and Conditions will not be terminated.

If You provide notice of intent to terminate these Terms and Conditions for a breach by HOUSE OF GRAZE, HOUSE OF GRAZE will only charge the Hire Fee up to the date and time of termination.

If you terminate these Terms and Conditions for reasons other than a breach by HOUSE OF GRAZE, You will forfeit the Deposit and the full Hire Fee. 
Dispute Resolution & Mediation
If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by an independent third party, as agreed, or his or her nominee, and the parties must attend a mediation.

No partnership or agency
Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
Governing Law & Jurisdiction
These Terms and Conditions are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to these Terms and Conditions, the parties agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.
Severance
Any part of these Terms and Conditions that is unenforceable will only be ineffective to the extent of that part, and this will not impact on or invalidate any other part of these Terms and Conditions.  

Entire Agreement and Modifications
Both You and HOUSE OF GRAZE confirm and acknowledge that these Terms and Conditions and the Proposal constitute the entire agreement between the parties and supersedes and overrides all previous communications, either oral or written, between the parties.