ROSEMONTS TERMS & CONDITIONS

1. USE OF STAGING BY THE HIRER

Before using Rosemonts’ Staging, the Hirer shall examine the Staging and satisfy themselves as to the quality of the Staging and its fitness for the intended purpose.

It is the responsibility of the Hirer to ensure that the Staging is returned to Rosemonts in the same condition as it was presented upon pick-up/delivery (subject to fair wear and tear).

Please note that fair wear and tear does NOT include lost bolts/nuts/fixings, painting or staining, holes, cuts or significant marks. Any such damage will need to be paid for by the Hirer.

2. COMPLIANCE WITH LOAD RATINGS

The Hirer must not exceed the stated load rating for any piece of Staging.

A label is affixed to the underside of the decks, which indicates safe load capacity as tested by Testsafe Australia.

As a general guide, the safe load capacity is 6.6 kPa for aluminium decks & 7.5 kPa for steel decks. However, it is the responsibility of the Hirer to check the labels for specific load ratings of Staging hired.

Any Staging that show signs of overloading will be destroyed by Rosemonts and the full cost of replacement will be payable by the Hirer.

3. TRANSFER

The Hirer shall not sell, transfer, assign, part with possession, mortgage, charge or encumber any right or obligation under these Terms & Conditions without the prior written consent of Rosemonts.

4. LOSS OR DAMAGE TO STAGING

The Hirer shall be responsible for any loss or damage to the Staging during the hire period, whether the Hirer was at fault for the loss/damage or not.

Where the Staging is lost or damaged during the Hire Period, the Hirer must pay to Rosemonts the cost of replacement or repair of the Staging.

5. DAMAGE TO PROPERTY OR PERSON

(a) Hirer’s Duty to Indemnify Rosemonts

The Hirer shall indemnify and/or keep indemnified Rosemonts and its servants/agents from any damages, suits, actions, claims and demands, whether arising directly or indirectly from the use, maintenance, transport or operation of the Staging during the Hire Period.

(b) Rosemonts’ Exclusion of Liability

Rosemonts shall not be liable to the Hirer or the Hirer’s servants/agents for any damages, suits, actions, claims or demands arising directly or indirectly from representations, warranties, terms and conditions, whether expressed or implied (except insofar as statutory conditions and warranties cannot be excluded under the Trade Practices Act 1974) in relation to the use, maintenance, transport and operation of Staging during the Hire Period.

6. PAYMENT

Rosemonts require a 50% deposit upon the Hirer accepting a Quote, in order to secure the job.

The 50% balance of cleared funds is due PRIOR to the Staging leaving Rosemonts’ workshop.

For your convenience, payment can be made by cash, electronic funds transfer, Eftpos, Visa or Mastercard.

Please note that an additional 2.5% surcharge applies to Visa or Mastercard transactions.

Payment by cheque (made out to “Rosemont & Co Pty Ltd”) is also permitted, but if paying by personal cheque, please allow an extra three (3) days prior to pick-up for funds to clear.

In the event that the Hirer fails to pay Rosemonts by the due date, Rosemonts will be at liberty to charge a late payment penalty of 5% of the overall quote amount per day until the debt is paid in full.

7. CHANGE OF STAGING REQUIREMENTS

Should the Hirer change the Staging requirements quoted for, with less than 24 hours’ notice until pick-up/delivery, fees are payable as follows:

(a) If the new Staging requirements are less than the original quoted figure, the original figure shall remain.

(b) If the new Staging requirements are more than the original quoted figure, the extra Staging plus labour will be payable by the Hirer.

8. VARIATION OF DELIVERY OR PICK-UP TIME

At least 48 hours notice must be given to Rosemonts by the Hirer if the Hirer intends to change the agreed delivery or pick-up time.  If less than 24 hours’ notice of variation to delivery/pick-up time is given, Rosemonts will attempt to accommodate the request. However, if Rosemonts must send a fully prepped crew back from the Site as a result of the Hirer’s short notice, an additional fee of $100 will be payable by the Hirer.

The Hirer shall make the Staging available for dismantling at the designated pick-up time. If Rosemonts’ crew have arrived onsite and bump in or bump out of the Staging is unable to take place within half an hour of the agreed time for whatever reason, Rosemonts is at liberty to charge a waiting fee at the rate of $50 per crew member per hour (or part thereof).

9. DRY HIRES

If the Hirer chooses to do a Dry Hire of the Staging, it is the Hirer’s responsibility to load and unload the Staging at Rosemonts’ Workshop, at both pick-up and return.

10. CANCELLATION

If the Hirer cancels a job, the following fees apply:

(a) If less than 48 hours (but more than 24 hours) notice is given, 25% of the quoted figure is payable.

(b) If less than 24 hours’ notice is given (provided Rosemonts’ truck and crew have not yet arrived onsite), 50% of the quoted figure is payable.

(c) If Rosemonts’ truck and crew have already arrived onsite for bump in, 100% of the quoted figure will be charged.

(d) If a job requires any special modifications to Rosemonts’ existing Staging and the Hirer cancels the job, if work has already taken place to carry out the modifications, the full cost of any materials/labour expended to undertake the modifications will be charged, regardless of how many hours’ notice of cancellation is given.

11. RE-POSSESSION

If the Hirer commits any breach of these Terms & Conditions (or if Rosemonts has reason to believe that such breach is likely to occur), Rosemonts may immediately re-possess the Staging.

Any expenses that Rosemonts incurs in re-possessing its Staging under these circumstances will be payable by the Hirer.

12. TERMS & CONDITIONS BINDING

These Terms & Conditions take precedence over any previous negotiations (whether oral or written) which may have taken place in relation to Rosemonts’ Staging. No amendment to these Terms & Conditions will be binding unless confirmed in writing by Rosemonts.

13. GLOSSARY

“Contract” means the binding and legally enforceable contract represented by these Terms & Conditions in addition to any specific Quote and/or Agreement entered into between Rosemonts and the Hirer.

“Dry Hire” means the Hirer is to pick up and return the Staging using their own labour and resources (ie. Rosemonts will not get involved with bump in/bump out/delivery)

“Hire Period” means the time from when the Staging is delivered to the Site or (in the case of Dry Hires) picked up from Rosemonts’ workshop, to when the Staging is picked up from the Site or (in the case of Dry Hires) returned to Rosemonts’ workshop.

“Hirer” includes an individual, firm, company, partnership, corporation, unincorporated body and government body.

“Site” means the agreed delivery and/or pick-up site identified in Rosemonts’ Quote/Invoice.

“Staging” includes all goods and services supplied by Rosemonts to the Hirer.

“Rosemonts” refers to Rosemont & Co Pty Ltd ABN 38 132 020 556, its employees and agents.

“Rosemonts’ Workshop” is situated at 4/1 Myrtle Street Botany 2019.