Terms and Conditions

  1. Definitions
    "The Company" is Kastellorizo Pty Ltd trading as Bourke Hire and / or their subcontractors or agents.
    "Equipment" means the items hired out by the Company to the Hirer.
    "The Hirer" is the person hiring the equipment from the Company, including their employees and agents.
    "Hire Period" is the period of time for which any equipment is required to be ready and available for use.
  2. Terms of Payment
    a) The Hirer is required to pay a 50% deposit on acceptance of booking confirmation.
    b) Accounts must be paid in full by cash at the time the equipment is supplied to the Hirer unless the customer has an established credit account or an alternate arrangement has otherwise been agreed to by the Company.
  3. Hire
    a) The charges published in any of the Company's printed material are for the guidance of the Hirer in estimating costs only and do not constitute an offer. 
    b) The Amount quoted is for one use of goods only. 
    c) A minimum charge of $10.00 applies to all orders.
    d) The late return of goods to the Company by the Hirer will incur a penalty of 25% in addition to the quoted daily rate for each additional day.
    e) If Hirer's order results in extra time or overtime by the Company's employees, the costs thereof is payable by the hirer
    f) The Company must be notified with 24 hours of shortages of equipment hired to the Hirer or the Company accepts no responsibility
    g) The Company reserves the right to hire equipment to the nearest standard pack over the quantity ordered.
    h) No warranty is given by the Company as to the equipment's fitness for use.
  4. Termination of hire
    a) The Company may terminate the hire at any time whereupon any equipment hired to the hirer shall be returned to the Company forthwith. The Hirer shall have no claims for such termination.
  5. Substitution
    The Company may substitute any portion of the Hirer's order with the nearest equipment.
  6. Delivery and Pickup
    a) Delivery and pickup of equipment is not included in the standard quotation. Charges for delivery and pickup of equipment are available on application.
    b) In the event that the Hirer requires the Company to delivery the equipment to the site, delivery charges quoted are for delivery to a site on street level. Extra charges are payable for delivery to and pickup from higher or lower levels. 
    c) If on arrival at the site the distance from point of parking to point of erection is found to be greater than 20 metres a surcharge will be applied to the quoted price.
    d) Hirer's delivery instructions carried out where possible. The Company accepts no responsibility for non-arrival at destination at any specified time.
    e) Equipment not delivered by the Company will not be picked up for return unless requested by the Hirer and an additional charge for transport will be payable by the Hirer.
    f) If the Company is required to pickup the hired equipment, the Hirer must provide clear access to hired goods and all costs associated with delays due to be paid by the hirer.
    g) If the Company is required to pickup the hired equipment, the Hirer remains responsible for packing the equipment into the appropriate crates or containers prior to the pickup time.
  7. Erection of Equipment
    a) Erection or setup of equipment is not included in the standard quotation. Additional charges are payable by the Hirer if the Company is requested to erect or setup the equipment.
    b) Erecting and dismantling the goods when carried out by the Company shall be in all things at the hirer's risk and expense.
    c) Quotations for erection or setup of equipment are subject to inspection of the site and to erection and dismantling of goods hired in ordinary working hours. If grounds or floors are not flat level firm ground or are otherwise unsuitable, an extra charge for time clearing, leveling or picking up, and for cartage of extra goods caused thereby will be payable by the Hirer. 
    d) The Hirer is required to provide the Company with either a plan showing the position in which the equipment is to be erected or setup or the Hirer should have a representative on the site for that purpose. In the absence of both then the Company will erect or setup the equipment as it deems fit and shall be taken to have completed the contract.
  8. Return of goods (by Hirer)
    a) Immediately after use the Hirer must ensure the equipment is thoroughly washed, cleaned and packed in respective cartons and crates for collection by the Company. 
    b) Equipment must not be packed wet. 
    c) A cleaning fee will be charged and payable by the Hirer for any equipment that is not returned in a clean and dry condition.
    d) The Company's driver will not pack or check goods.
  9. Responsibilities of Hirer
    a) The Hirer is responsible for the equipment hired from the time the equipment leaves the Company's possession until returned thereto and the Hirer shall pay for all goods damaged, lost or stolen howsoever the cause during that period.
    b) It is expressly stipulated and agreed that the carrier or other person receiving the goods from the Company's premises or from the Company's employee is the duty authorized agent of the Hirer who will be bound by these conditions as fully as if the Hirer had personally signed both, or either the order and receipts of the goods.
  10. Shortages and Damage
    a) The Company's count and/or decision as to condition of equipment and containers prior to dispatch and on return shall be final.
    b) All shortages and damage to equipment will be paid for by the Hirer at replacement costs.
    c) On return to the Company, damaged or broken equipment is kept for one week and is then destroyed.
    d) No streamers or dye or any type to be in contact with the equipment, including marquees and other such structures. Any damage resultant from such shall be paid by the Hirer.
  11. Goods in error
    Where the Company has received the Hirer's goods in error, the Hirer shall claim such goods within 14 days from date of receipt by the Company; otherwise such goods will be disposed of without liability to the Company.
  12. Insurance
    The Hirer will maintain at its own expense all appropriate policies of insurance:
    a) for theft and damage to the Equipment hired in an amount not less than the full replacement cost of the Equipment;
    b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Company and its equipment against all claims, loss or damage whatsoever.
  13. Hirer Bound
    The Hirer shall be bound by these conditions whether signed by the Hirer or not. Hire charges, minimum charge, delivery charges and all other extra charges may be altered by the Company without notice.
  14. Indemnity
    The Hirer shall indemnify and keep indemnified and save harmless the Company & the Company's servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the equipment or otherwise and whether resulting from the negligence of the Company, its servants or agents or otherwise.
  15. Exclusion of Liability
    The Company shall not be liable to the Hirer or the Hirer's servants or agents for any damages, suites, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations warranties terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under part V Division 2A of the Trade Practices Act (1974) or relevant State Legislation), use maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Company, its servants or agents otherwise.
  16. Cancellation
    Should the Hirer wish to terminate the contract then the following compensation rates will be charged to the Hirer by the Company:
    50% of the deposit paid or payable by the Hirer if notice of cancellation is received less than 7 days prior to the Hire Period.
    100% of the deposit paid or payable by the Hirer if notice of cancellation is received less than 48 hours prior to the Hire Period.
  17. Force Majeure
    While every effort will be made by the Company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the Company consequent upon act of God, war, strikes, riots, lockouts or any other disturbances, fire, flood, storm, gale or tempest, restriction on the use of transport, fuel or power, requisitioning storage of material or transport or labour or any other cause beyond the control of the Company.
  18. Miscellaneous
    a) Prices include GST.
    b) If any of the Terms becomes void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. 
    c) Failure by the Company to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Company may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms and Conditions.


Confirmation of Booking & Acceptance of Terms & Conditions can be completed by contacting us for the appropriate paperwork.

Kastellorizo Proprietary Limited
A.C.N. 082 736 687
BOURKE HIRE
A.B.N 29 410 845 784

26 Dillon Street
Cobram 3644
Ph: 03 5872 1433
Fax: 03 5871 1029
Email: info@bourkehire.com.au
www.bourkehire.com.au