Terms & Conditions of Hire:
ME McIntyre Enterprises T/A Smack Amusements hereinafter called “The Company” sets out the terms and
conditions binding upon every customer to whom this contract is addressed (each of whom is hereinafter
called “The Hirer” ) and constitutes the Agreement between the Company and the Hirer in relation to the
hiring of the equipment described on the face of this contract.
In these terms and conditions and on the front hereof, unless the context of the subject matter otherwise
indicates the singular includes the plural and vice a versa and – “the equipment” means the equipment
referred to on the front hereof.
The Hirer shall pay all charges to the Company in advance prior to delivery, Interest shall accrue thereafter
on the account outstanding at the rate of eighteen per cent (18) per annum calculated on a daily basis and
such interest shall be payable on demand. The Company reserves the right to vary this rate (from time to
time) without notice.
What Happens If It Rains On The Day Of My Event?
Our mechincal rides electrical obviously we cannot operate in the rain. If you think Rain may be an issue at
your event you can: Option 1: Set up a tarp of 7m x7m with a height in the centre of 3m or hire a marquee
of 7m x 7m with no poles in the centre and a height of 3m in the centre. Option 2: Prior to your booking by
at least 8hours you can change your venue to ensure the product is undercover. Please note extra travel
fees may apply if further away. In the event of rain forming throughout the event, where the product is not
already undercover, a tarp will be thrown over the Equipment until the rain has passed, no extra time will
be provided to the hire for loss of time due to unexpected rain, if the rain persists and does not seem to be
ending the booking will end, no refunds or credit vouchers will be available for this. So we do advise to keep
an eye on the weather prior to your event to avoid disappointment.
Our Inflatable rides are able to get wet so rain doesn’t bother the product as it has most have an enclosed
roof except castle n slide. However, unexpected severe storms will cause the product to be deflated. No
Refunds or extra time will be reimbursed for this scenario. If on the day there are unexpected flooded roads
that both Parties were unaware of, your deposit will be forfeited but all other monies paid will be credited.
During an event In case of Rain and or lightning and or wind over 25kmph, ALL are to exit in a safe manner.
Also in case of accidental power outages to the products, ALSO have ALL persons exit the inflatables in a
safe manner should a sudden change in WEATHER OR CHANGE IN WIND SPEED OCCUR.
Do I Need To Make A Deposit?
Yes! We require a deposit for all our bookings are $200. If your travel is greater then the deposit the travel
amount is your deposit. This will confirm your booking. Deposit varies for each product. The remaining
amount is due on the day/night of your event however you can pay prior if easier for you, this booking
depsoit is nonrefundable.
What Happens If My Event Is Canceled?
Smack Amusements DO NOT GIVE OUT ANY REFUNDS If your event is unfortunatley cancelled. If you need
to cancel your event for any reason we will give you a give out credit /gift vouchers to postpone your date.
To obtain a credit voucher you must give us at least 7 days notice, if you cancel your booking within these 7
days your deposit will be forfeited. Any other moneys paid will be credited back in a voucher form. If you
cancel your event less than 24hrs notice the full amount is due.
A cancellation fee equal to 25% of the total hiring charge for one (1) day shall be charged to the hirer where
the Hirer cancels the hire within twenty -four (24) hours prior to the proposed acceptance of delivery.
The Hirer shall be deemed to take delivery of the equipment at the warehouse of the Company or its agent
notwithstanding any provision for transportation of the equipment by the Company to the hirer or its
agents. In any event all freight costs shall be payable by the Hirer.
The Hirer agrees:
Through the period of the hire to maintain the equipment and to return the equipment in the same
condition as it was when the hirer first took possession, less fair ware and tare as determined by the
company.
Carefully to inspect the equipment at the warehouse of the Company or immediately on taking delivery of
the equipment from the Company and shall inform the Company in writing within 6 hours of delivery if
there is any loss or shortage.
Not to part with the possession of the equipment and not the case or permit any legal or equitable lien or
any encumbrance to take effect or be created over of in respect of the equipment.
Not to sell, mortgage, sublet or assign the equipment.
Not to fix the equipment or any part thereof to any building or property.
Promptly to pay all charges in accordance with the terms set out herein irrespective that no demand shall
be made by the Company therefor.
to return all of the equipment promptly to the Company at the end of the period of hire without any
requirements by the Company to make demand in relation thereto.
To permit (and obtain permission) for the Company and any of its officers, servants and agents to enter the
premises where the equipment may be located and (without prejudice to any other claims or rights as the
Company may have to damages or otherwise) to inspect the Company’s equipment or to permit the
repossession by the Company of the equipment if the Company determines that any breach of the term or
condition of the hire has been committed.
To pay the Company any costs incurred buy the Company in removal of the equipment or the re-delivery to
the Company.
Not to bring or maintain, or be party to counterclaim or set-off in law or in equity or in variance from, or
inconsistent with any term or condition of the hire has been committed.
To authorise access, to the Company of personal information covered by the privacy act.
The hirer agrees to indemnify the Company against any claims or actions whatsoever or howsoever made in
respect of the equipment or the use thereof arising out of any event occurring during the period of hire.
The hirer shall be responsible for any loss or damage to any of the equipment arising during the time from
when the Hirer is deemed to take delivery of the equipment at the warehouse of the Company until the
Hirer returns the equipment to the warehouse of the Company. The Hirer agrees to pay full replacement
costs for any equipment lost or considered by the company as being irreparably damaged. Such payment
shall be made by the Hirer within seven (7) days of such loss or damage coming to the attention of the Company.
In the event of damage and the equipment be rendered unhireable the hirer agrees to pay the Company an
amount equal to 33% of the then current daily hire charge for each and every day over the period
considered reasonable by the Company for the repair of the equipment.
Where the Company agrees by special arrangement to deliver equipment to a person (whether or not an
officer, servant or agent of the hirer and whosoever identified) nominated by the Hirer, that person shall be
deemed to be the authorised agent of the Hirer for all purposes of the Agreement and be bound by these
terms and conditions without releasing the hirer named herein from being personally and severely liable
hereunder.
The hirer shall be responsible for all loss or damage whatsoever or howsoever caused to any person or
property in relation to the equipment or the use thereof and without limiting that responsibility the Hirer
shall be liable to effect public risk insurance in relation to the equipment for the duration of the period of
hire.
The Hirer shall not assign either the equipment in this Agreement or any obligation as to payment
hereunder to any person without prior written consent of the Company which consent may be withheld
absolutely and in any event any consent shall not release the Hirer named herein from liability.
The Hirer agrees to return all leads and cables neatly rolled and acknowledges that a fee will be charged by
the Company for failure to comply.
The Hirer undertakes to return the equipment by 10 am (or other such time as may be agreed by the
Company and the Hirer) on the specified return date and otherwise charge equal to the daily rate will be
made for each day including the specified date and each day thereafter in respect of late returns.
The Hirer is hereby obligated to report any shortage / damage / malfunction in the equipment to the
company no later than upon return of the equipment to the Company.
The supply of the equipment and any service in relation thereto (including any subject to service or
maintenance charges in respect of longer term periods of hire) shall be subject to availability and be at the
discretion of the Company.
The hirer acknowledges that all conditions and warranties which may be implied in relation to the supply of
goods or services by the Company to the Hirer by virtue of the Trade Practices Act 1974, as amended and
the provisions of any other applicable law of Australia and the States of Australia are to the extent,
permitted by those Acts and by law excluded and negated. Without limiting the foregoing the liability of the
Company for any breach of a condition or a warranty implied by the Trade Practices Act including any
consequential loss which the Hirer may sustain shall to the extent permitted by the Act be limited to.
In the case of goods at the option of the Company any one or more of the following:
the replacement of the goods or supply of the equivalent goods,
the repair of the goods, or
the payment of having the cost of the goods repaired.
In the case of services at the option of the Company:
the supply of the service again, or the payment of the cost of the services again.
If any of the terms and conditions is, or becomes for any reason, wholly or partly invalid that the term and
conditions shall to the extent of the invalidity be served without out prejudice to the continuing force and
validity of the remaining terms and conditions.
These terms and conditions shall be governed by and construed to take in effect in accordance with the
laws of the State where the Hirer takes delivery of the equipment.
Hire charges are subject to change without notice and are quoted in Australian dollars. Unless otherwise
specified quotes given over the phone are only estimated and may not include delivery, freight, installation
and / or operator fees.