Please note that not all machines can fit through a house doorway and machines must be undercover/protected at all times. Dimensions for each machine are specified on our product pages, so please make sure you have enough room for the machine you want to book.
Some machines may require a flat surface for delivery. We do not deliver heavy machines up stairways or some steep driveways. If you are unsure whether your location is suitable for delivery, contact us and we may be able to arrange a viewing of the area to assess.
1. Hire Agreement
1.1 These Terms and Conditions of Hire (including the Schedule) comprise the Equipment Hire Agreement (‘Hire Agreement‘) between Man Cave Rentals (‘MCR‘) and You.
1.2 It is important You read, acknowledge and understand all of the terms and conditions of this Hire Agreement before entering into it.
1.3 By clicking the Terms and Conditions box on checkout You agree to be bound by the terms and conditions herein.
2. Definitions
In this Hire Agreement:
‘Australian Consumer Law’ means the Australian Consumer Law (ACL) which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
‘Equipment’ means any of MCR’s equipment including but not limited to arcade gaming machines and any other associated accessories which are available for hire and are to be hired to You as detailed in the Schedule.
‘Hire Fee’ means the fee payable by You to MCR for the hire of Equipment as detailed in the Schedule.
‘MCR’ means Trevor Skinner (individual/sole trader) and his successors and assigns trading as ‘Man Cave Rentals’ ABN 36 535 810 208.
‘PPSA’ means the Personal Property Securities Act 2009 (Cth) (as amended) and any regulations made pursuant to it.
‘PPSR’ means the securities register established under the PPSA.
‘Premises” means location for delivery of the Equipment as detailed in the Schedule.
‘Schedule’ means the schedule attached to this Hire Agreement containing the terms of hire.
‘Term’ means the hire period of the Equipment between the time of delivery and collection which is detailed in the Schedule, or the period from which the Equipment is delivered from, then returned to, the possesion or control of MCR, whichever is the latter.
‘Website’ means MCR’s website located at mancaverentals.com.au.
‘You’ and ‘Your’ means the person or entity hiring the Equipment from MCR named as the Customer in the Schedule.
3. Equipment Hire
3.1 MCR agrees to hire the Equipment to You for the Term and will:
(a) provide the Equipment to You in good working order.
(b) provide verbal instructions regarding the required operation of the Equipment.
(c) allow You to exclusively use the Equipment during the Term.
3.2 You must be a minimum of eighteen (18) years of age to hire the Equipment and must provide current photo identification to MCR prior to delivery of the Equipment.
3.3 You must have sufficient funds or credit to pay the Hire Fee, security deposit and any additional amounts You may be required to pay under this Hire Agreement.
3.4 MCR requires a minimum of 72 hours’ notice prior to the commencement of the Term if You wish to cancel Your booking. Notice is required by email to [email protected].
3.5 MCR reserves the right to provide substitute equipment if Your requested Equipment is unavailable due to damage, defect or repair. MCR will offer You a choice of substitute equipment, or alternatively, equipment credit with MCR which can be used for future hire.
4. Delivery & Set-up
4.1 MCR will deliver the Equipment to the Premises at the commencement of the Term.
4.2 No delivery fee is charged for Premises situated within metropolitan Adelaide, being the area extending from Gawler to Morphett Vale and to the Adelaide Hills. Delivery outside the metropolitan Adelaide area will be in MCR’s absolute discretion, by consultation with You.
4.3 You or an adult authorised by MCR is required to be present at the premises at the time of delivery of the Equipment.
4.4 The Premises may have a maximum of three (3) steps (up or down) from the street to the requested delivery area for the Equipment. For Premises that exceed three (3) steps, or otherwise have steep or limited access, MCR may accept or refuse the booking in its absolute discretion.
4.5 The Equipment will be set up by MCR at the Premises in an area this is inside or sufficiently under cover, so as to be protected from harmful environmental conditions.
4.6 Upon completion of set-up, MCR will take photographs of the equipment to confirm condition at time of delivery.
4.7 MCR reserves the right to cancel Your booking, refuse delivery and/or collect the Equipment at any time if in MCR’s absolute discretion it determines the Premises is unsafe or unsuitable and/or poses an unreasonable risk of theft, loss or damage to the Equipment.
4.8 MCR will refund any Hire Fee and/or security deposit paid if it cancels Your booking under clause 4.7, but you will have no other claim against MCR for any loss or damage which may result from the cancellation.
5. GPS Tracking
5.1 You acknowledge and accept the Equipment is fitted with GPS tracking devices, which notify MCR when the Equipment is moved outside of a defined perimeter around the Premises.
5.2 In the event the Equipment is moved from its delivered location at the Premises, MCR will be entitled to immediately collect the Equipment and the Hire Fee and security deposit will be forfeited to MCR.
6. Term
6.1 The Term commences when You take possession of the Equipment, when MCR delivers the Equipment to the address in the Schedule.
6.2 The Term is intended to be the period of time set out in the Schedule, but shall continue until such time as the Equipment is returned to the possession or control of MCR.
6.3 The Term includes any weekends and public holidays.
6.4 A minimum hire period may apply for certain items of Equipment, at MCR’s absolute discretion.
7. Hire Fee
7.1 You will pay to MCR the Hire Fee for the hire of the Equipment, which will be determined in accordance with the rate/amount set out in the Schedule.
7.2 The Equipment must be available for collection by MCR at the Premises no later then the date and time of day specified in the Schedule, otherwise MCR reserves the right to charge additional fees.
7.3 You will be charged for the hire of Equipment for the full period the Equipment renains out of the possession or control of MCR. For the avoidance of doubt, You must continue to pay the Hire Fee and other charges (including any late fee) if MCR is unable to obtain possession or control of the Equipment by the end of Term specified in the Schedule.
7.4 MCR reserves the right to charge for a minimum period of hire for certain types of Equipment. MCR will advise You of any minimum hire period before hire commences.
8. Additional Charges
In addition to the Hire Fee payable under clause 7, You agree You will also pay:
8.1 a fee of $50 if You fail to give the minimum required notice for cancellation of Your booking under clause 3.4;
8.2 a fee of $50 if You or an authorised adult is not present at the time of delivery and/or collection of the Equipment.
8.3 any charges for the cleaning of Equipment, in circumstances where You do not return the Equipment in clean condition;
8.4 a fee of $88 per hour plus cost of parts for repairs required to the Equipment due to Your operation of the Equipment in breach of this Hire Agreement;
8.5 a late fee of $300 per day (or part thereof), in circumstances where the Equipment is not able to be collected by MCR from the Premises at the scheduled collection time specified in the Schedule.
8.6 any costs incurred by MCR to recover or repair or replace (at current market value) the Equipment due to Your breach of the Hire Agreement.
9. Payment of Fees and Charges
9.1 The Hire Fee is payable to MCR in accordance with the following:
(a) Direct deposit – MCR to receive payment in full no later then then Five (5) days prior to Term commencement;
(b) Credit Card – MCR to receive payment in full no later then three (3) days prior to Term commencement.
9.2 In addition to the Hire Fee, a security deposit in the amount of $200.00 is payable prior to delivery of the Equipment to the Premises.
9.3 A refund of the security deposit will be processes within 48 hours of MCR’s collection of the Equipment, subject to MCR’s inspection and satisfaction the Equipment is in acceptable condition.
9.4 If You breach the terms of this Hire Agreement, the security deposit will be forfeited to MCR and You will not be entitled to a refund.
9.5 Any additional fees and charges payable by You in accordance with clause 8 shall be payable within seven (7) days of the date of invoice issued by MCR.
9.6 If You do not pay the invoice in full by the payment due date, MCR may charge, in addition to any other costs recoverable under this Hire Agreement.
(a) interest, calculated monthly, on the total outstanding balance. The interest rate used to calculate the interest payable for the month is the 90-day bank bill swap rate published on the first business day of that month plus 2%; and
(b) any costs and expenses incurred by MCR in recovering any unpaid amounts under this Hire Agreement.
9.7 MCR is entitled to set off against any amount MCR owes to You any amount owed to MCR by You.
10. Your Obligations
10.1 This Hire Agreement is personal to You an You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time unless otherwise expressly agreed by MCR in writing.
10.2 You agree that prior to accepting the Equipment, You have satisfied yourself as to the suitability, condition and fitness for purpose of the Equipment for which You intend to use it.
10.3 MCR make no representations and gives no guarantee or warranty that the Equipment is fit or suitable for Your intended purpose.
10.4 You agree not to use the Equipment for commercial purposes.
10.5 The premises will be accessible only by You and third parties authorised by You during the Term.
10.6 You must operate the Equipment:
(a) safely and strictly in accordance with all laws and regulations;
(b) by ensuring all instructions are observed by all persons using the Equipment;
(c) only for its intended use and in accordance with MCR’s and the manufacturer’s instructions;
(d) by ensuring persons operating the Equipment are suitably supervised if underage;
(e) by ensuring the Equipment is switched off when not in use;
(f) by ensuring food, drinks, other liquids or other foreign objects are not placed on or near the equipment;
(g) by ensuring no persons operating the Equipment are under the influence of drugs or alcohol.
10.7 It is essential You use best endeavours to take care of the Equipment during the Term. You must:
(a) not in any way disassemble, alter, modify, tamper with, damage or repair the Equipment;
(b) not deface, remove, vary or erase any part of the Equipment;
(c) take reasonable precautions to protect the Equipment from theft, loss or damage;
(d) not “manhandle” or otherwise operate in an unsafe manner;
(e) not move or attempt to move the Equipment from it’s delivery location;
(f) not use the Equipment or any of its components to test Your own equipment, or to play other games that were not included in Your hire.
10.8 You are responsible for any loss, theft or damage to the Equipment during the Term.
11. Retention of Title
11.1 You acknowledge that MCR owns the Equipment and in all circumstances MCR retains the title to the Equipment. Any rights which You may have to use the Equipment in accordance with this Hire Agreement are as a bailee only.
11.2 You are not entitled to offer, sell, assign, sublet, charge, mortgage, pledge or create any other form of security interest over or otherwise deal with the Equipment in any way.
11.3 In no circumstances will the Equipment be deemed to be a fixture.
12. PPSA
12.1 You acknowledge and agree that the retention of title provided by clause 11 amounts to a security interest under the PPSA and further, You agree that the security interest is a Purchase Money Security Interest (‘PMSI’) as defined in section 14 of the PPSA.
12.2 You consent to MCR effecting a registration on the PPSR (in any manner MCR considers appropiate) in relation to any security interest arising under or in connection with or contemplated by this Hire Agreement and You agree to provide all assistance reasonably required to facilitate this.
12.3 You waive the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.
12.4 If You make a payment to MCR at any time whether in connection with this Hire Agreement or otherwise MCR may, in its absolute discretion, apply that amount as it sees fit.
13. Collection of Equipment
13.1 You must ensure the Equipment is kept safe and secure and is available at the time of collection specified in the Schedule.
13.2 You or an authorised adult is required to be present at the Premises at the time of collection of the Equipment.
13.3 MCR will take photographs of the Equipment to confirm condition at time of collection and will compare these to the photographs taken at the time of delivery in order to identify any issues with external condition.
13.4 The Equipment must be in the same clean condition and good working order it was in when You received it from MCR, ordinary fair wear and tear excluded.
13.5 If You do not return the Equipment is satisfactory condition, MCR reserves the right to charge You an amount to cover the cost pf cleaning and/or repairing the Equipment in accordance with clause 8.
14. Broken, Damaged or Defective Equipment
14.1 In the event that the Equipment breaks down or becomes unsafe to use during the Term, you must:
(a) immediately stop using the Equipment and notify MCR via the website, email at [email protected] or phone on 0406164640 (available 8am-8pm 7 days);
(b) take all steps necessary to prevent injury occurring to persons as a result of the condition of the Equipment.
(c) take all steps necessary to prevent any further damage to the Equipment;
(d) not repair or attempt to repair the Equipment without the prior written consent of MCR.
14.2 Upon receiving notice from You in accordance with clause 14.1, MCR will:
(a) first attempt to troubleshoot the issue with You over the phone:
(b) attend the Premises the following working day to repair the Equipment, or to collect the Equipment and provide suitable substitute equipment;
(c) not impose the Hire Fee for that portion of the Term for which the Equipment was broken down or unsafe once notified by You, nor the costs associated with any repair or replacement of the Equipment provided the issue was not due to Your breach of the Hire Agreement.
14.3 If the Equipment breaks down or becomes unsafe to use as a result of Your acts or omissions, (or the acts or omissions of other parties at the Premises during the Term) or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Term, You will become liable for:
(a) any costs incurred by MCR to recover and repair or replace (*at current market value) the Equipment; and
(b) the Hire Fee for that portion of the Term during which the Equipment is recovered and repaired or replaced.
14.4 If You do not notify MCR of any issues during the Term, MCR is entitled to assume the Equipment was in good order and condition during the Term.
15. Indemnity and Exclusion of Liability
15.1 Subject to clause 15.3 and except as expressly provided to the contrary, in this Hire Agreement all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether expressed or implied, statutory or otherwise relating to this Hire Agreement or its subject matter are excluded to the maximum extent permitted by law.
15.2 Nothing in this Hire Agreement excludes, restricts or modifies any right or remedy or any guarantee, term, condition, warranty, undertaking, inducement or representations implied or imposed by any legislation which cannot be lawfully excluded or limited.
15.3 Where any legislation implies and imposes a guarantee term, condition, warranty, undertaking, inducement or representation in relation to this Hire Agreement and MCR is not able to exclude the guarantee, term, condition, warranty, undertaking, inducement or representation, but is able to limit its liability for breach of such liability, then such liability is limited to:
(a) in the case of goods, to repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or
(b) in the case of services the supplying of the services again or the payment of the cost of having this service supplied again.
15.4 MCR’s maximum aggregate liability for all claims under or relating to this Hire Agreement or its subject matter, Whether in contract, tort (including without limitation negligence) in equity, under statute, under an indemnity based on fundamental breach or breach for fundamental term or on any basis is limited to an amount equal to the Hire Fee paid by You under this Hire Agreement.
15.5 Subject to clauses 15.3 and 15.4, MCR will not be liable for any consequential, indirect or special loss or damage amounts that You are liable for or any loss suffered by third parties, under or relating to this Hire Agreement or its subject matter whether in contract, tort (including without limitation negligence) in equity, under statue, under an indemnity based on fundamental breach or breach of the fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
15.6 You are liable for and indemnify MCR against all liability claims, damage, loss, costs and expenses (including without limitation legal fees, costs and disbursements on a full indemnity basis whether incurred or awarded against MCR and any environmental loss, cost, damage or expense) in respect of:
(a) personal injury;
(b) damage to tangible property; or
(c) a claim by a third party in respect of Your hire or use of the Equipment or Your breach of this Hire Agreement.
Your liability under this indemnity is reduced to the extent that MCR’s breach of this Hire Agreement or MCR’s negligence causes the liability claims, damage, loss, costs or expenses.
15.7 Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survive termination, completion or expiration of this Hire Agreement.
16. Termination
MCR may terminate this Hire Agreement immediately by giving notice to You if You breach any term of the Hire Agreement.
17. Recovery of Equipment
If You are in breach of the Hire Agreement or if the Hire Agreement has been terminated under clause 16, MCR may, at Your cost, take all steps necessary (including legal action) to recover the Equipment, including entering the Premises for the purposes of recovering the Equipment.
18. Website
18.1 By accessing the website, You agree to be bound by the terms and conditions below.
18.2 All intellectual property right in the text, images, logos, photographs, graphics and any other content provided on the Website and the arrangement of the content is owned or licensed by MCR.
18.3 MCR retains ownership of, or any other proprietary rights in, all of the content contained on the Website.
18.4 The content on the Website is provided “as is”. MCR makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
18.5 The content appearing on the Website could include technical, typographical, or photographic errors. MCR does not warrant that any of the content on the Website is accurate, complete, or current. MCR may make changes to the content contained on the Website at any time without notice.
18.6 MCR shall not be liable in any circumstances for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Website.
18.7 You are prohibited from copying, reproducing, modifying, distributing or transmitting any of the content of the Website for any purpose.
19. Force Majeure
Neither party will be responsible for any delays in the provision or return of the Equipment due to causes beyond their control including but not limited to the acts of god, war, terrorism, mobilisation, civil cvommotion, riots, embargoes, orders or regulations of goverments of any relevant jurisdiction, fires, floods, epidemics, pandemics, strikes, lockouts or other labour difficulties.
20. Privacy
You acknowledge the information provided by You to MCR may be used and retained by MCR for the purposes of MCR’s provision of the services under this Hire Agreement and as required by law from time to time, and may be supplied to a credit reporting or debt collection agency in the event You fail to make payment as required.
21. Severability
If any part of this Hire Agreement becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.
22. Jurisdiction
The parties hereby agree that the proper law of all contracts arising between MCR an You is the law of the State of South Australia and the parties agree to submit to the jurisdiction of the Courts of that State.
23. Entire Agreement
This Hire Agreement comprises the entire agreement between the parties. No additional terms and conditions apply to the Equipment, unless this Hire Agreement is otherwise varied in accordance with the terms of this Hire Agreement.
24. No Reliance
You acknowledge that neither MCR nor any person acting on MCR’s behalf have made any representation or other inducement to You to enter into this Hire Agreement in reliance on any representations or inducements, except for those representations contained in this Hire Agreement.
25. No Waiver of Rights
No delay or omission by a party to exercise any right, power or remedy available to that party as a result of a continuing breach or default under this Hire Agreement will impair any such right, power or remedy, nor will it be construed to be a waiver of that party’s rights to take action or make a claim in respect of a continuing breach or default.
26. Variation
To the extent that a variation is not detrimental to You, MCR may vary the terms and conditions of this Hire Agreement. Any other variation of the Hire Agreement must be agreed in writing between You and MCR.
