Terms & Conditions – Keg Hire Australia

By placing an order with Keg Hire Australia, The Customer acknowledges agreement to the terms and conditions stated below and acknowledges having read and understood the important warnings. The customer further agrees that the laws of Queensland, Australia shall apply to the purchase or any dispute arising there-from.

Interpretation

In this agreement:

‘Amount’ means the amount shown on the invoice;
‘Customer’ means, but is not limited to, the person or organisation that has signed or otherwise accepted this agreement or made payment for the goods or services detailed on the quotation or invoice as the case may be;
‘Email’ means email sent to info@kegsofftap.com.au;
‘Goods’ means, but is not limited to, the Items detailed on the invoice provided.
‘GST’ has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
‘Hire period’ means the period beginning on the date of delivery to the date of collection, which will be the subsequent day unless otherwise arranged. If the goods are stolen or damaged or damaged beyond repair, the date on which Kegs Off Tap either repairs or replaces the goods.
‘Hire Amount’ means the amount shown on the invoice;
‘Keg Hire Australia’ means Kegs Off Tap Pty Ltd ABN 52 650 777 138 and its substitutes, successors and permitted assigns;
‘Licensed premises’ means premises with which Keg Hire Australia is affiliated and which are appropriately licensed to sell and supply liquor for consumption off the licensed premises;
‘Licensee’ means the licensee of the licensed premises;
‘Pick Up’ means customer collection from the Licensed premise or other location;
‘The Act’ means the Liquor Act 1992, the Liquor Regulation 2002(Qld) and/or any statutory instrument enacted to substantially replace either of these.

Liquor Licensing

When placing an order on our website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
Keg Hire Australia accepts orders that may be fulfilled by Keg Hire Australia or affiliated Licensed premises.
Keg Hire Australia does not take or receive an order for liquor as contemplated in Section 172(1) of the Act;
Keg Hire Australia does not invite an offer to purchase liquor by way of an order taken or received elsewhere than at the licensed premises on or from which the liquor could be sold under authority of a licence in response to the order in compliance with the requirements of Section 172(3) of the Act;
Liquor is only sold and supplied on or from premises to which the suitable licence relates in compliance with Section 170 of the Act.
Liquor may only be sold and supplied otherwise in strict compliance with the requirements of the relevant liquor licence and the Act.
The parties acknowledge that any liquor products supplied to The Customer are situated at the licensed premises at the time the liquor is appropriated to the contract of sale as required by Sections 8 and 170 of the Act.
The parties acknowledge that the availability of liquor products is at the discretion of the Licensee and that not all products represented on Keg Hire Australia’s website, or in other materials, will be available, or will be available within any particular time frame.
The Customer acknowledges they are of legal drinking age, 18 years, and that they intend to make responsible use of the Goods.
Any representation, price, image, description or other content relating to liquor or the availability of liquor contained in Keg Hire Australia’s website or other material is for information purposes only. Although Keg Hire Australia makes every effort to ensure the accuracy of the information, no warranty of the correctness of the information is offered, and the information may change from time to time without notice.

Responsible Service of Alcohol:

The parties acknowledge that Keg Hire Australia only supplies liquor in accordance with responsible service of alcohol principles. This may mean that if a person to whom liquor is being delivered appears to be under the age of 25 and are unable to present valid photo identification, the delivery may be refused. Moreover, if any person to whom liquor is being delivered shows signs of intoxication the delivery may be refused. Liquor will not be left unattended for any reason at any time. Delivery of liquor may be refused for other reasons at the deliverer’s sole discretion, including because of concern for a person’s welfare and the commitment to the responsible use of liquor in the community.

Payment for goods and services

Prices are in Australian Dollars. All prices are subject to change without notice. If there is a pricing error to protect us from loss or selling below cost we reserve the right to cancel the order or contact you and offer you the product at the correct or different price. Please contact us if you see a pricing error on our website. We reserve the right to cancel any order for any reason.
The Customer agrees to pay Keg Hire Australia the Amount due together with any applicable GST either prior to or at the time Keg Hire Australia dispatches and delivers the goods to the Customer. The Customer authorises Keg Hire Australia to complete any documents or processes necessary or desirable to enable the Keg Hire Australia to make or receive any payments through any credit card system. If a due date for payment that is earlier than the delivery date is specified on the invoice Keg Hire Australia must receive payment for the Amount detailed on the invoice provided on or before that due date.
All purchases paid by credit/debit card and the purchaser confirms they are either the card holder or have the express permission of the card holder to use the card for the purchase. We reserve the right to cancel any order if we believe an order to be fraudulent or suspicious.
Keg Hire Australia will take a credit card pre-authorisation or security deposit of $100 per Jockey Box and $200 per Corporate Bar as a security deposit, which will be refundable upon return of the equipment in good working order. Should any losses or damages be incurred, any associated costs will be deducted from this deposit.

Specifications

We do our best to represent products correctly and accurately. However, all specifications referenced are based on each manufacturer’s representations and Keg Hire Australia is not responsible for their accuracy or completeness. All specifications are subject to change without notice. Pictures of products and Keg Hire Australia are for reference only and may not be the exact picture or Branding of the current model or your purchase and specification of items may vary without notice.

Delivery & Collection

The Goods will be scheduled for delivery or collection only once the Amount has been paid in full and received by Keg Hire Australia.
Warehouse-direct deliveries will occur from the warehouse with stock available nearest to the Customer’s delivery address.
Specialist delivery and installation is available only within south-east Queensland by appointment, limited by availability.
Kegs are available for delivery only within south-east Queensland and Melbourne. Keg orders must be received and paid in full by 11:59pm on Tuesday for the same-week delivery.
Kegs and equipment are available for collection direct from the warehouse in both Melbourne (Queen Victoria Markets, 174 Franklin Street, Melbourne, 3000) and Brisbane (16-20 Black Street, Milton, 4064). Collection instructions will be sent through once full payment has been received.
It is the Customer’s responsibility to facilitate safe access to the delivery location and to organise parking (and cover costs of such parking) for Keg Hire Australia, freight forwarder and / or their delivery vehicle/s.
If we advise you of the delivery time this will only ever be an estimation. Due to reasons such as road traffic, border delays, lost cartons or for any other reason it is impossible to give exact delivery times. Most orders placed will be dispatched within 2-5 business days.
Where an order is returned to us as unclaimed, refused or insufficiently addressed, we will contact you by email for further instruction. Please note that additional delivery charges will apply to have these orders resent.
The Goods may be dispatched in multiple-carton consignments that will often be delivered separately.
Delivery to the carrier constitutes delivery to the customer. Any visible damage from transit should be reported to the carrier when the package is received – if the damage is severe the package should not be signed for.
If your order is damaged when it arrives it is extremely important that you notify Keg Hire Australia via Email of the damaged Goods within the first 7 days. If the Goods are not reported to us as being damaged within the first 7 days, the claim may be denied.
On rare occasions, we reserve the right to adjust delivery costs. You will be contacted and asked to accept these charges before your order is dispatched.
Freight Insurance is not included in the standard delivery. The Customer is responsible to request a quote and pay the additional costs if freight insurance is required. Keg Hire Australia is not responsible or liable for goods or orders lost or damaged in transit.

Hire of goods

Keg Hire Australia agrees to hire the goods to the Customer for the rental period and the Customer agrees to take the goods on hire for that period and to pay the hire amount for the goods for that hire period, together with any applicable GST, on the terms and conditions set out in this agreement. The Customer is entitled to use the goods for the hire period and for any agreed extension of the hire period. Keg Hire Australia will collect the goods from the Customer at the end of the hire period.

Customer’s warranties

The Customer warrants that:
the information provided is correct in every respect and is not misleading in any way including, without limitation, by omission;
Keg Hire Australia has provided a thorough explanation on the operation and use of the hired goods and is aware of all components and the means of operating the hired goods:
notwithstanding the terms of the preceding paragraph, in selecting the goods the Customer has not relied on Keg Hire Australia’s skill and judgment or on any representations made by or on behalf of Keg Hire Australia and agrees that the goods comply with their description, are in merchantable condition and are fit for the Customer’s purpose.

Customer’s obligations

The Customer will:
keep the goods in good condition and only use them as they would be used by a careful and prudent owner;
ensure that the goods are returned to Keg Hire Australia in a clean and unblemished condition that resembles the condition in which they were delivered to the Customer;
not use the CO2 gas bottle for any purpose other than to dispense the number of kegs specified on the invoice;
not use the goods for any illegal purpose;
report any damage to, or loss of, the goods to Keg Hire Australia immediately if such damage or loss occurs;
be responsible for the operation of the hired goods whilst the goods are in the possession of the Customer;
at no time move the hired goods from the premises address where they were delivered, nor will they move the goods on premises without prior permission from Keg Hire Australia.
not allow anyone to change gas pressure settings, or any other settings of equipment without direct instructions from Keg Hire Australia.
ensure the safe and responsible service of alcohol from or around the hired goods. Under no circumstances will the Customer provide alcohol to underage (18 years), drunk, disorderly, or any person under the influence of illicit drugs, in line with Queensland Liquor Licensing Laws.
be liable for any breach of this agreement committed by the Customer’s servants or agents;
indemnify Keg Hire Australia against all damage sustained in relation to the hired goods including but not limited to, dispensing equipment, beer gas equipment and polycarbonate drinkware through their misuse and shall be responsible for all repair costs, cleaning charges and replacement costs where applicable; and
be solely responsible for any loss, damage or injury to persons of whatever nature and howsoever caused through and incidental to the operation of the hired goods and the Customer hereby indemnifies and holds blameless Keg Hire Australia, its servants or agents in respect to any such claim.

Repossession

Keg Hire Australia may retake possession of the goods if Keg Hire Australia is or becomes aware that the Customer has breached any provision of this agreement.

Title to goods

The Customer acknowledges that Keg Hire Australia retains title to the goods and that the Customer has rights to possess the goods as a mere bailee only. The Customer agrees not to attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the goods and not to conceal or alter the goods or make any addition or alteration to, or repair of, the hired goods.

Customer Guarantees

The Customer accepts responsibility for the use of the CO2 gas system in accordance with Australian standards, including but not limited to, the regulation of gas pressure to the keg. Keg Hire Australia will not be liable for any losses or damages caused by the CO2 gas system or its pressure regulation.
Kegs remain property of the brewery and must be returned within 90 days. Keg Hire Australia may collect these kegs at no additional charge with your next order. Otherwise, a service fee may be charged for the collection of the kegs.

Cancellation

We may cancel any contract at any time prior to the delivery of the Goods with no liability other than to repay any Amount (less transaction fees) paid in advance of the cancellation. We also reserve the right to cancel the contract if payment of deposit and residual Amount is not received within the prescribed times as set out herein.
We may cancel your order before completion of delivery in whole or in part. In the case of Pick Up orders, we may initiate a cancellation before collection of the ordered products. We may do this even if we have received payment from you or have sent you a tax invoice. We will give you reasonable notice of the cancellation by contacting you via phone, text, or email. The circumstances in which we may cancel your order include though are not limited to:
- if any of the ordered products are not available
- if there was any error in the description of any ordered products or their price as advertised by Keg Hire Australia
- if your order is in breach of any other terms, or contrary to any person’s rights or the law.
You agree that you cannot make changes to an order after it has been placed. If you wish to cancel your order so that you may place another amended order, please contact our team via Email.
The acceptance of any cancellation request is at the discretion of Keg Hire Australia to approve it. If we agree to cancel your order after it has been placed, we may do so subject to you providing proof of purchase and payment, the ordered products being in their original condition and packaging, and for you to agree to pay an amount we request on account of our reasonable costs of processing the return and cancellation, including the costs of freight.
If your order has already been processed or dispatched and is on its way to you, every attempt will be made to accommodate your request. However, no guarantee can be given once an order has been placed.
Keg Hire Australia reserve the rights to accept the request at its sole discretion. Restocking fee applies.
The Customer may cancel the contract by providing Keg Hire Australia with written notice of such cancellation. Cancellation fees will be charged, in the sole discretion of Keg Hire Australia, as follows:
- Where the date of notification is after Keg Hire Australia have confirmed the hire date, Keg Hire Australia will issue a store credit for 100% of the invoiced amount valid for 12 months from the date of notification; and
- if the date of notification is within 14 days of the date of supply of the Goods, Keg Hire Australia will issue a store credit for 70% of the invoiced amount valid for 12 months from the date of notification; and
- if the date of notification is within 7 days of the date of supply of the Goods, Keg Hire Australia will issue a store credit for 50% of the invoiced amount valid for 12 months from the date of notification.

Return Policy

Please contact Customer Service for a Return Products Authorization (RPA) number before returning any merchandise for any reason. Keg Hire Australia is not responsible for any merchandise returned without an RPA number.
Returned merchandise will be inspected and may be subject to a restocking fee. Keg Hire Australia reserves the right to accept the product returned:

A- The product must be returned in new, re-saleable condition and must not be used or abused;

B- The customer must pay the cost of the postage back to us;

C- The customer accepts that the original cost of postage has been spent and is non-refundable as it is not recoverable;

D- Returns cannot be accepted for consumables due to their inherent perishable nature. This includes, but is not limited to, kegs that cannot be resold upon being returned.

Absolutely no returns on web products, unless the item was received in a damaged condition and an RPA number is requested within 3 days of receipt of the shipment. On all other returns, an RPA must be requested within 15 days of the invoice date.
Adult Signature Required on Deliveries. Due to liability reasons, Keg Hire Australia can only accept orders from adults.

Refunds

Refunds or replacements will only be issued once goods have been returned and received by our warehouse and assessed to be non-repairable at Keg Hire Australia’s discretion. Restocking fee applies.
Please note, if you persist and use a perishable or item after the defect becomes apparent, you waive your rights under these terms and conditions and accept the items as they are. We cannot return for either refund or replacement of such items, including but not limited to hardware and consumables, such as kegs.

Warranty

The standard warranty period is a default twelve (12) months unless otherwise specifically listed in the item description, or it’s a perishable product (beverages). This is offered by Keg Hire Australia as a retailer and is not a guarantee under Australian Consumer Law (“ACL”). The normal and standard guarantees exist under Australian law as they exist under the ACL and common law and Keg Hire Australia have no intention of excluding them.

No waiver

No delay by Keg Hire Australia in exercising any right or power under this agreement will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.

Liability Disclaimer

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:

You acknowledge that our websites are provided “as is” and that we do not make any warranty or representation as to the suitability of the sites, anything (including content and websites) to or from which the sites are linked or any product for any purpose;
The content of the sites and all content to or from which the sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;
We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the sites are linked;
We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;
Risk of loss or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and
Where we refund you the Amount of your order as provided in your agreement with us (less any reasonable amount or restocking fee we may deduct, for example under the “Cancellation” section in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Governing law

This agreement will be governed by the laws of Queensland, Australia.

Severability

If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force.