Are These Terms and Conditions Fair for Hiring a Photobooth?

nugley on 16/04/2022 - 20:14
Last edited 16/04/2022 - 20:41 by 1 other user

My partner and I are looking to hire a photobooth for our upcoming wedding and have come across a potential supplier.

I realise that most suppliers will phrase terms and conditions to protect the supplier more so than the customer. I'm reading through a potential supplier's terms and conditions and most of it would be what I would expect except for one part.

In Section "8. Loss and damage" it states that:

"(d) The hirer acknowledges that their liability includes risks which includes theft, damage resulting from misuse or use violating statutory rules and regulations or over or under loading electric current or caused by contact with corrosive substances or caused by the negligence of yourself or any other person whilst under hire to you or loss or damage whilst being transported or stored or when the plant is wrongly converted to your own use. "

The supplier will transport the photo booth. However, from my understanding of the above, my partner and I would be liable for any loss or damage incurred to the photobooth whilst it's in transit between the business's location and the wedding venue.

I have asked the supplier to confirm that my understanding is correct and asked whether they have insurance for the photo booth along with public liability insurance, which I consider important to have.

However, I just wanted to see if others have also interpreted the above the same way as I have.

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• 

  AndyC1 on 16/04/2022 - 20:23

  +2

  Consult a lawyer or ask them to clarify exactly what this section means in lay mans terms as it is too hard for you to understand as it is currently written.

• 

  MS Paint on 16/04/2022 - 20:43

  +2

  In lay man's terms…

  "(d) The supplier acknowledges that the people using this device will be drunk, in party mode and likely have the decision and consequences capacity of a 4 year after a blue heaven drink so if you break it you fix it."

  • 

    io on 16/04/2022 - 20:48

    The main issue here is “damage during transit and the party responsibly for the fixes”

• 

  JimmyF on 16/04/2022 - 21:41

  +4

  whilst under hire to you or loss or damage whilst being transported or stored or when the plant is wrongly converted to your own use. "

  I think you'll find this means once they deliver the item to you and you store or move it around and damage it, then well yeah thats on you. The 'under hire to you' doesn't start till they deliver it in my books.

  In your case, they'll most likely setup the device in the place you want, BUT for some larger corp events they might drop the unit off days in advance to a loading bay at their request for them to move and setup at a later date. Hence the clause.

• 

  aoeueoa on 16/04/2022 - 21:45

  +1

  I think "transport" in the contract was meant to mean transport after delivery to the hirer's premises. So moving from room A to room B by the hirer and damage during that process. Would be pretty stupid if they want you to front up the cost if the driver swerves to avoid a mouse and then the thing tips out of the truck and rolls onto a ute killing the world's #1 ranked racing pigeon which was worth $8m.

  • 

    87percent on 17/04/2022 - 06:50

    You’re paying too much for your pigeons.. I have a guy, PM me