Terms of Payment
The hirer agrees to pay Boss Bar Hire the hire charge any other charges, including charges for loss, damage and repairs. Hire charges are to be paid prior to delivery of service unless otherwise agreed. Payment is to be made prior to hire unless negotiated and agreed on beforehand with Boss Bar Hire. Charges incurred for loss, damage, repairs or other expenses are to be paid within seven days of the relevant invoice. The Hirer agrees to pay any expenses incurred or loss suffered by Boss Bar Hire as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by Boss Bar Hire, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise.
If the Equipment is lost, breaks down or is damaged, the Hirer must immediately notify Boss Bar Hire of the incident. Notification will not absolve the Hirer from its obligations under these Terms. In the event that the Equipment breaks down or becomes unsafe to use, the Hirer must immediately stop using the Equipment and take all steps necessary to prevent the Equipment from sustaining any further damage. The Hirer must also take all steps necessary to prevent injuries from occurring to any person or property as result of the condition of the Equipment and must not repair or attempt to repair the Equipment without Boss Bar Hire’s prior written or verbal consent. If the Equipment is lost or damaged and the loss of or damage to the Equipment is caused negligence of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for the following;
Any costs incurred by Boss Bar Hire in repairing or replacing the equipment
Hire charges for the equipment until the equipment is repaired or replaced
Any costs whatsoever incurred or loss suffered by Boss Bar Hire as a result of the damage to or loss of the equipment
In accordance with the Australian law, Boss Bar Hire has the right to refuse hire to individuals under the legal drinking age of 18. Boss Bar requires proof of age in the form of a drivers license or passport in order to form an agreement of hire. Boss Bar Hire operates under the Victorian Commission for Gambling and Liquor Regulation to supply the sale of cider and beer kegs.
In the event that Boss Bar Hire is contracted for bartending services, Boss Bar Hire will perform in accordance with the Victorian Responsible Service of Alcohol and reserves the right to refuse alcohol to underage or intoxicated persons. Boss Bar Hire may cease beverage service if at any time the environment is deemed unsafe (including but not limited to quarrelsome or threatening behaviour). In such situations no refund will be issued.
The hirer is able to cancel services at any time up to 7 working days before the date of service. If terminated before this time the hirer will receive a full refund. If terminated within 7 days of the date of service the deposit will not be returned. Boss Bar does not offer refunds once the once the equipment has been delivered to the destination.
Quotes are provided on enquiry with Boss Bar Hire for estimation of costs for Boss Bar Hire services. These quotes are valid for 7 days and confirmed only via payment of the deposit unless otherwise agreed by both parties.
If Boss Bar Hire is unable at anytime to perform any of its obligations whether wholly or partly by reason of any cause beyond its reasonable control (including without limitation, weather, political affairs, fires), will be excused from performing its obligations. Boss Bar Hire will endeavour to notify the hirer of this force majeure and may cancel the order without liability to the hirer.
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 Owner and its Equipment against all claims, loss or damage whatever.
Release and Indemnity
The Hirer hereby releases the Boss Bar Hire from, and agrees to indemnify the Owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or these Terms.
The Hirer’s Obligations
The Hirer will: (a) Bear responsibility for the Equipment hired from the time of its delivery until collection by or return to the Owner; (b) Upon installation, delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgment or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees and cartage; (c) Assume the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from: (I) the use of the Equipment; (ii) All necessary surface repairs. (d) Use the Equipment in proper, safe and prudent manner and only for the purpose and capacity for which it was designed; (e) Ensure all Equipment is ready for collection by the Owner’s driver, in a clean condition and readily accessible.