Morrina Hire Terms and Conditions
The Use of this Website and the Hire of Equipment from Morrina (Australia) Pty Ltd is governed by these terms. By using this website you agree to the terms and conditions of the site in its entirety. Should you disagree or not wish to comply with these terms please cease interactions with this site and discontinue use.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the website or the Services.
If you contribute to our website or make any public comments on this website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
1. Website Language
- This website is owned and operated by Morrina (Australia) Pty Ltd trading as Morrina.com and shall hence forth be referred to as such.
- The Customer – Any person who visits, creates an account, comments, visits or Hires Equipment from Morrina (Australia) Pty Ltd trading via the Morrina.com website.
- Event Dates – These are the dates for which the client would like to Hire Equipment from Morrina.com. Hire is charged per day (24 hour period) unless otherwise stated or agreed upon in writing by Morrina.com.
- Hire Pricing & Charges – These are the charges that are payable by the customer to Morrina.com for the Hire of Equipment from this site.
- Security Deposit – Morrina.com reserves the right to request security deposits for events where deemed necessary. The customer will be informed on this requirement after placing their Confirmation Booking Deposit upon booking through the website. Should the client not agree with the security deposit a refund will be processed immediately for the Confirmation Booking Deposit.
- Confirmation Booking Deposit – Morrina.com requires a 30% deposit of the total Hire Balance (Including GST and relevant taxes) to be paid upon booking through Morrina.com. This amount will secure the customers booking. The booking will not register as confirmed, nor equipment reserved until the Confirmation Booking Deposit is received by Morrina.com.
- Full Balance Payment – After the Confirmation Booking Deposit is paid a final Full Balance Payment will be due no later than 1 week prior to the customers event. A reminder email will be sent, however Morrina.com is not liable should this email not be received by the customer or payment not be received by Morrina.com.
- Should either the Booking Confirmation Deposit or Full Balance Payment not be received by Morrina.com by the due date the Hire Equipment will not be delivered or released by Morrina.com.
2. Proof of Identification
- The Customer is required at all times to provide photo identification registered to either the billing address or shipping address for the relevant order.
- Morrina.com can refuse to Hire Equipment, deliver products or provide a service should the customer fail to provide sufficient Photo Identification.
3. Morrina.com Commitments to the Customer
- Morrina.com shall permit the customer to take and use the Equipment for the agreed Hire Terms outlined by the Event Dates.
- Morrina.com commits to supplying all Equipment for Hire in excellent condition, in full working order with all cabling and relevant health and safety regulations met.
- To Deliver and Collect the Equipment Hired from the booked location as agreed in the website booking process within a reasonable time frame to the Event booking.
4. Customer Commitments to Morrina.com
- Return the Hire Equipment back to Morrina.com in the same condition it was Hired out in.
- Return the Hire Equipment to Morrina.com or have the Equipment ready for collection at the specified time.
- Ensure that the Equipment they are hiring is fit for purpose and in an excellent condition, in full working order with all cabling and relevant health and safety regulations met
5. Customer Must Not:
- Tamper with, repair, alter or damage the Hire Equipment
- Use or Operate Equipment without proper training or legally required skills training and permits
- Exceed the recommended or legal load and capacity limits of the Equipment
6. Late Returns – The Customer shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
- charges for optional services, if any;
- loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
- Applicable Charges for late return of the Equipment or the highest amount allowable under law;
- unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
- all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
- all costs incurred to collect unpaid monies due
7. Location of Equipment
- During the Term,Equipment shall be located at the shipping address as specified in the website order, unless expressly agreed otherwise in writing by Owner.
- Morrina.com reserves the right to inspect the Hire Equipment without warning during the event and remove should misuse be reported or expected.
- Any Equipment seized by authorities for misuse (noise pollution or other) remains under the Hire of the customer until returned to Morrina.com and late charges or recovery costs may be chargeable and enforceable onto the customer listed on the billing address of the website order.
8. Care of Equipment – Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
9. Repair and Alterations. The costs of all repairs made during the Term shall be paid by The Customer, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
10. Restrictions on Use – The Customer shall not:
- permit the Equipment to be used by any person who is not authorized to use such Equipment;
- operate or use the Equipment or permit it to be operated or used in violation of law;
- operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
- operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
11. Loss or Damage.
The Customer shall alert Owner to any damage to the Equipment. The Customer shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
12. Indemnification and Liability.
The Customer shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL MORRINA.COM BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM THE CUSTOMERS USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND LOSS OF REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Morrina.com shall at all times retain ownership and title to the Hire Equipment. The Customer shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. The Customer shall indemnify and hold Morrina.com harmless against all loss and damages caused by such action. Hire Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
No failure from Morrina.com to exercise or enforce any of its rights under these Terms shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by The Customer shall not constitute a waiver of any breach.
In the event any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of these Terms will remain in full force and effect. The parties further agree that in the event such provision is an essential part of these Terms, they will begin negotiations for a suitable replacement provision.
16. Entire Agreement.
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
The Customer may not, without the prior written consent of Owner, transfer or assign these Terms or any part thereof. Any attempt to do so shall be a material default of these Terms and shall be void.
18. Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: [email protected]
The trademarks and logos contained on this Website are trademarks of Morrina (Australia) Pty Ltd. Use of these trademarks is strictly prohibited except with Our express, written consent.
20. Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
21. Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
22. Information Collection
24. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Should you have issue or questions regarding our terms and conditions please feel free to Contact Us.