IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, Ipix Events Pty Ltd leases the Equipment as set out in the “Package” purchased by the Hirer, and the Hirer leases the Equipment from Ipix Events Pty Ltd on the following terms:

(1) Definitions

The following definitions are used but not otherwise defined in this Agreement:

a. "Casualty Value" means the market value of the Equipment at the end of the Term or when in relation to a Total Loss.

b. "Equipment" means Party Equipment Hire (Per Chosen Package by the Hirer).

c. "Total Loss" means any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.

(2) Lease

Ipix Events Pty Ltd agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from Ipix Events Pty Ltd in accordance with the terms set out in this Agreement.

(3) Term

The Agreement commences on the date any part payment, deposit, or payment in full is made (whichever comes first), and will continue on a Up to 48 hrs following delivery of the Equipment, or until Ipix Events Pty Ltd or the Hirer mutually terminate the Lease (the "Term"). The Agreement may be terminated by either Ipix Events Pty Ltd or the Hirer providing written notice to the other. Ipix Events Pty Ltd reserves the right to charge a cancellation fee at its discretion if the Hirer chooses to cancel an event within 72hrs of the agreed date. Events that are rescheduled will not attract a cancellation fee.

(4) Payment and Deposit

Full Payment, inclusive of GST, will be required at least 24hrs in advance to the event being set up by Ipix Pty Ltd at the Hirer’s site. All payments made by the Hirer are non-refundable, except in the following circumstances:

a. Any deposit paid exceeds the total value of the Hiring costs

b. Ipix Events Pty Ltd is unable to provide the Equipment for the Hirer’s event due to unforeseen circumstances

5. The Hirer will pay a deposit of $100.00 (the "Deposit"), in the form of a pre-authorisation by way or Credit/ Debit Card before taking possession of the Equipment. Ipix Events Pty Ltd will refund the Deposit to the Hirer at the end of the Term provided that the Hirer has performed all of the Hirer's obligations under this Agreement.

(6) Delivery of Equipment

a. Ipix Events Pty Ltd will, at Ipix Events Pty Ltd's own expense and risk, deliver the Equipment to the Hirer at As specified by the hirer

b. Items must be inspected by the Hirer upon delivery and any issues raised for rectification prior to Ipix Events Pty leaving the delivery address

c. All items are to remain on-site at the delivery address until collected by Ipix Events Pty Ltd

d. A re-delivery fee of up to $100 may be charged if the Hirer is not available at the delivery address to take receipt of the Equipment as mutually agreed

e. The Hirer must be one in the same as the recipient at the delivery address. Delivery receipt will not be accepted from any party other than the Hirer noted on the booking

f. Items will not be delivered by Ipix Events Pty Ltd to be left unattended in the instance that the Hirer is unavailable to take possession of the Equipment

(7) Use of Equipment

a. The Hirer is to use the equipment carefully and for its intended purpose

b. Comply with all manufacturer requirements/recommendations and with all applicable laws

c. Not alter/modify the equipment without the permission of Ipix Events Pty Ltd

d. Do no disassemble Equipment without consent of Ipix Events Pty Ltd

e. Items are to remain on-site at delivery address until collected by Ipix Events Pty Ltd

f. All items delivered are to be returned, unless otherwise stated in the “Package” purchased

(8) Warranties

a. The Equipment will be in good working order and good condition upon delivery.

b. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

(9) Loss and Damage

a. To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.

b. If the Equipment is lost or damaged, the Hirer will provide Ipix Events Pty Ltd with prompt notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition. In the event of damage to the Equipment, the Hirer agrees to forfeit their deposit.

c. In the event of Total Loss of the Equipment, the Hirer will provide Ipix Events Pty Ltd with prompt notice of such loss and will pay and a fee equal to 2 times the original Hire amount (i.e.twice that of the base price of the event).

(10) Collection of Equipment by Owner

At the end of the Term or upon earlier termination of this Agreement, the Hirer will make the Equipment available for pick up at Same as specified drop-off location. If the Hirer fails to make the Equipment available for pick up a missed collection/ recollection fee of $100 will apply. Daily charges may continue until the Equipment is recovered by Ipix Events Pty Ltd

If the Equipment is non recoverable from the Hirer after 7 calendar days, it will be considered a “Total Loss” and a fee equal to 2 times the original Hire amount (i.e.twice that of the base price of the event) will be charged as a “non-recovery” fee. To the Hirer.

(11) Insurance

No insurance coverage for the Equipment is required under this Agreement by the Hirer, however it is recommended ther Hirer make thier own enquiries with the relevant accredited person(s) as to thier own circumstances and needs.

(12) Indemnity

The Hirer will indemnify and hold harmless Ipix Events Pty Ltd against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees and costs, arising out of or related to the Hirer's use of the Equipment.

(13) Default

The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:

a. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer's obligations under this Agreement.

b. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia or another competent jurisdiction.

(14) Entire Agreement

This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

(15) Address for Notice

Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:

Owner: Ipix Events Pty Ltd, PO Box 4106, Forest Lake, QLD 4078

(16) Payment

All dollar amounts in this agreement refer to Australian dollars and are inclusive of GST, and all payments required to be paid under this Agreement will be paid in Australian dollars unless the Parties agree otherwise.

(17) Interpretation

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

(18) Governing Law

This Agreement will be construed in accordance with and governed by the laws of Australia and the Parties submit to the exclusive jurisdiction of the Australian courts.

(19) Severability

If there is a conflict between any provision of this Agreement and the applicable legislation of Queensland (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

(20) General Terms

a. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

b. Time is of the essence in this Agreement.

c. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.

d. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.
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NOTICE TO THE HIRER / CUSTOMER:

Ipix Events Pty Ltd provide the Event Equipment on a Lease/Hire Basis
You are not buying the Equipment. Any items you may retain after the event such as balloons, personalised items etc will be outlined in your package. You will be required to consent to this agreeemnt before receipt of the "Equipment". You are advised to carefully read and understand this agreement, as with exception to the above, or where consumer law disctates, all sales will be final with no refunds provided. You are entitled to a completed copy of this Agreement when you sign it.

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