Terms and Conditions of Hire

1. Definitions

“Owner” means the Owner of Afiah Trading Company. “Hirer” means the person, company or organization hiring goods from Afiah Trading Company. “Goods” refer to any goods, equipment, consumables, packaging material and or services provided by the Owner to the Hirer. “Site” means the site to which goods are delivered. “Hirer Representative” means the person, other than the Hirer, signing for goods delivered or returned in the event that the Hirer should be absent at the point and time of delivery or return of the hire items.

2. Deposits/ Confirmation

All non-account customers will be required to pay 20% deposit at the time of booking. Verbal and written confirmation does not constitute a confirmed booking until such a time as a deposit is received along with a written remittance advice. Once remittance advice is received, following a deposit, only then will this constitute a confirmed order upon which availability and prices are guaranteed.

3. Payment

3.1. Final Payments

3.1.1. Non-Account Hire:

Final payment for non-account customers are required to be cleared 7 days prior to the function date, and failure to do so may, to the discretion of the Owner, result in cancellation of the order, upon which the Hirer will forfeit its right to the 20% Deposit.

3.1.2. Account Hire:

Unless otherwise specified payment is strictly 30 days net (i.e. due by the end of the month after the date of invoice).

3.2. Late Payment

3.2.1. Non-Account Hire:

Failure to make full payment 7 days prior to the function will incur an immediate 10% charge on the invoice amount and will accrue daily at the rate of 12% per annum from the invoice date.

3.2.2. Account Hire:

All payments outstanding after 30 days from the invoice date will accrue daily at the rate of 12% per annum until the Owner receives full payment.

3.3. Payment Recovery

In the event that payment for Goods remains outstanding 35 days after the invoice date, legal action may be taken for the recovery without further notice. Costs associated with legal action are recoverable from the Hirer. The Hirer agrees to submit to the non-exclusive jurisdiction of the courts.

4. Price

Quotes are valid for 30 days, after which prices may change with out any notification from the Owner. Once the proper procedures have been followed to confirm an order, only then are prices fixed and guaranteed. Prices charged only entitle the Hirer to a single use of the hire goods, unless stated otherwise on the packing slip/ order or invoice. Multiple uses of the Hire goods will result in corresponding hire charges.

5. Amendments, Variations and Cancellations

Ordered Items cancelled after 7 days from the confirmed order date will be charged 20% of the full hire price. Orders cancelled within 7days prior to the function date will be charged at 50% of the full order price. Ordered items cancelled after delivery or pickup will be charged for at the full hire price. The Owner reserves the right to cancel any orders on the bases of unsatisfactory working conditions, unsatisfactory weather conditions or if the Owner feels that for any reason the hire equipment is in danger of being stolen or damaged. If the Owner is unable to provide goods to the Hirer, for reasons outside of its control, then the Owner may: Make changes to the order, or cancel the order (even if full payment had been received), upon which the Owner will forfeit all rights to the hire fee and a refund will be made accordingly.

6. Quality control

The Owner has inspection procedures in place to ensure that items delivered for hire are in good quality and in the quantity as described on the packing slip/delivery docket or invoice. It is the Hirers responsibility to ensure notification, of any shortages or damages to the delivered or collected goods, within 12 hours or before used, whichever comes first.

7. Hirer Representatives

In the event that the Hirer should be absent at the point and time of delivery and/or return of the hire goods, the person accepting the delivery and/or confirming the returned goods from the Hirer, will act as the Hirer Representative, and subsequently the Hirer will remain responsible for damages and/or losses as confirmed by the Hirer Representative in respect to the delivery docket.

8. Returns

Upon the collection/return of goods the Owner has the right to count the goods once it arrives back at the Owners premises, upon which, the Hirer will remain responsible for any losses or damages.

8.1. Late Returns

All items returned after the due date as outlined on the Quote/Order/Invoice or Delivery Order will incur additional late return charges, accordingly to the following schedule:

Late returns, will incur a multiple 100% Surcharge of the original hire fee for every Thursday not returned after the function date. The rates below account for the days in-between Thursdays:

1 day late = additional 25%, 2 days late = additional 28%,

3 days late = additional 30%, 4 days late = additional 33%,

5 days late = additional 35%, 6 days late (or not returned by the Thursday following the function) = additional 100%,

7 days late = additional 125%.....etc

9. Damages/ Missing Goods

Upon receiving the returned goods, the Owner will inspect all goods within 5 days, and if any damages, losses or equipment in unsatisfactory condition are found then the Hirer shall compensate the Owner for all expenses required to replace, fix or clean the affected goods. All linen items returned with holes, burns, rips, tears or any other permanent markings will be charged at a full replacement cost. Replacement charges will be limited to marks that are considered permanent as a result of the inability to remove them by means of ordinary laundry treatment. Professional cleaning requirements such as dry-cleaning will be charged in full to the Hirer. Full replacement cost is the responsibility of the Hirer for any items, linen or equipment lost or stolen during the hire period, which commences at the time of delivery or pickup to the time of return to the Owner’ premises. The Hirer will have 21 days from the invoice date to return any missing Goods. For every day that the missing Goods are not returned, a hire fee will apply as outlined in section 8.1 until the day returned. Missing Goods returned after 21 days from the invoice date will not be accepted by the Owner but will be subjected to full replacement cost instead. All these charges mentioned above will be the full responsibility of the Hirer and shall not pass to a third party, unless written confirmation is obtained from a third party, which expressively accepts the full expense of the charges mentioned above.

10. Hire period

The Hirer will take full responsibility for all hired items as listed on the packing slip/ delivery order or Invoice for the duration of the hire period, which constitute the period between the times of delivery/pickup to the time of return of goods to the Owners premises. The Hire period will be for a maximum of 1 day if undisclosed, otherwise all hire items need to be returned prior to the date specified. Although the hire period might be for a period of multiple days this does not entitle to Hirer multiple use of the hire goods, unless stated otherwise on the packing slip/ order or invoice.

11. Bond

In some instances a bond might be required and if so any missing/damages will be deducted from this amount at the appropriate cost. Missing Items will be deducted from the bond at full replacement cost. An appropriate refund will be made when the missing goods are returned in conjunction with the terms of section 9. Bonds will be refunded within 7 days from the time of return of all hired items found to be in satisfactory condition (according to our definition of damaged goods in section 9). In the event that the bond should not cover the full charge for missing/damaged goods, an invoice will be issued and will be payable immediately.

12. Insurance and Indemnity

12.1. Hire items are not insured. The Hirer is responsible for all damages or losses to hired items.

12.2. The Hirer accepts full responsibility and herby indemnify the Owner from and against all claims for injury to persons or property.

12.3. The Owner will not be liable for any losses or expenses incurred by the Hirer following the failure to meet delivery dates.

12.4. Failure by the Owner to act on any of these terms and conditions does not mean that the Hirer is acquitted from any other responsibility as outlined by the terms and conditions.

13. Hirer Acceptance of Terms and Conditions

The Hirer acknowledges unconditional acceptance of these terms and condition by act of taking possession of the hired items by means of delivery or pickup.

14. Booking Confirmation

- 20 % Deposit is required to confirm any order above a total hire value of RM500; otherwise a RM 100 deposit is required (for all hires that amount to less than RM500)

15. Responsibilities

All customers are required to:

- Assume full responsibility for hired items.

- Ensure that hired items are in good order and in the quantity as required before used.

- Return goods before 12pm on specified day.

- Read and abide to terms and conditions printed on the back of all Delivery order or supplied as requested.

- Assume additional charges for late returns and missing or damaged items.

16. Final Payment

All hires are strictly PREPAID or COD

-  PREPAID 5 days prior to function date if setup is required, and at least 1 day were no setup is required.

-  COD for all customer pickups.

Under no circumstances may Afiah Trading Company staff accept payment off premises.

CHEQUES must be cleared at least 5 days prior to function.

17. Collection or Returns

All fees are based on collection of hire items between 9am to 5pm any day, if collection is required by the client or the venue of the client between the hours 5pm to 9am additional charges will apply and will automatically be deducted from bonds or invoiced where required.

Similarly, late returns will incur additional charges and where required will be deducted from bonds or invoiced if required.

18. Delivery and Returns

Additional charges will be imposed if goods are to be deliver to Site at Kelang Valley only

Delivery charges for 1 to 5 goods is RM 50

Delivery charges for 5 to 10 goods is RM 80

Delivery charges for 10 and above goods is RM 150

Additional charges will be imposed if return goods are to be pick up by Owner at Site at Kelang Valley only

Pick up charges for 1 to 5 goods is RM 50

Pick up charges for 5 to 10 goods is RM 80

Pick up charges for 10 and above goods is RM 15

Different charges for outstation delivery and pick up