Terms & Conditions
For the purposes of these terms and conditions the hirer of the equipment shall be referred to as the “Customer”. The owner and supplier of the equipment shall be referred to as “Supplier”. 'Equipment' refers to all items that are hired and collected by the customer or delivered by the supplier to the customer whether or not the items have been paid for.
QUOTATION
All quotations will be valid for up to one month from the issue date. The supplier reserves the right to make adjustments to the quote after one month, if the initial quote is not accepted within the one month period. If the customer is satisfied with the quote, they may ask for this quote to be converted into an invoice, where a deposit can be made.
DEPOSIT & HIRE AGREEMENT
A 30% deposit (or similar) is required to secure the booking. This deposit is non-refundable, as reserving the date can result in an opportunity cost for the supplier, where the supplier did not accept another job due to your reservation. The payment of the deposit, and the returned signed Hire Agreement are required to confirm the booking.
PAYMENT OF THE REMAINING BALANCE
For electronic payments, payments must be paid seven (7) days prior to the agreed installation date. Physical cash payments can be made prior to installation on the day. The supplier reserves the right to refuse to install and/or provide any equipment until the remaining balance is paid.
DAMAGES / LOSSES / THEFT
It is the responsibility of the customer to protect the goods and ensure that the equipment is not damaged, lost or stolen. The customer is responsible for organising security for the equipment if the customer is unable to personally ensure it's safety. All damages, losses or theft are the responsibility of the customer and as such, the customer is liable to pay the full replacement cost of any equipment that is badly damaged, lost or stolen. If any of the equipment that is supplied is deemed to be unsatisfactory (damaged or unusable) by the customer, it is the customer's responsibility to notify the supplier within three (3) hours of delivery.
FAULTY EQUIPMENT
(a) If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), the Customer must immediately:
(i) notify the Company;
(ii) stop using the Equipment;
(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
(iv) take all steps necessary to prevent the Equipment from sustaining any further damage;
(v) not repair or attempt to repair the Equipment without the Company’s written consent; and
(vi) comply with the Company’s directions in relation to the return of the Equipment.
(b) Subject to clause 8(c), if, upon inspection of the Equipment, the Company determines that a Breakdown was:
(i) caused by a fault in the Equipment (not caused or contributed to by the Customer) (Equipment Fault) then the Company will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown persisted[SL9] ; or
(ii) not caused by an Equipment Fault, then the Customer will still be required to pay Fees in accordance with the Hire Form.
(c) Clause 8(b) does not limit:
(i) any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
(ii) any rights or remedies the Company may have access to in relation to a Breakdown, under this Agreement or otherwise.
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PEGGING OF MARQUEES
The supplier is not responsible for any damage caused from using anchor/pegs into the ground. The customers agreement to these Terms and Conditions deems that the supplier has permission/consent to secure the marquee where/how is necessary. The desire to use an alternative method of securing the marquee (such as weights) must be clearly expressed prior to the acceptance of the quote.
FLOORING / DANCE FLOORS
Floors may become slippery during parties/events and wet weather. The supplier is not responsible for any slips, trips, falls, or injury incurred during use of the flooring / dance floor.
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UNSUITABLE WEATHER
(a) The Company reserves the right to terminate the hire of the Equipment in the event that the Customer intends to set up the Equipment outdoors and the weather conditions are unsuitable and pose a safety risk to participants and the Equipment. Unsuitable weather conditions include, but are not limited to, wind speeds of 20km per hour or more, rain, and storms.
(b) Customers are strongly advised to have alternative arrangements for the setup location in the event of unpredictable weather. This may include securing an indoor location to ensure the safety and success of the event.
(c) If the hire of the Equipment needs to be cancelled due to improper weather conditions as set out in clause 4(a) the Company will provide a credit for the Fees that the Customer can use within 12 months of the Hire Date (in additional to any rights under Australian Consumer Law).
DISCLAIMER
The supplier shall in no way be held responsible or accountable for any injury, death or loss of income caused to the customer, any third parties or properties due to the hire of equipment or provided services by the supplier. No warranty is given by the supplier, nor is the supplier liable for any damage or harm whatsoever in respect to the equipment except through the wrong doing of supplier. Marquees are hired and the right of use is granted to the customer, however the equipment remains under the control of the supplier. The customer is required to grant access to supplier and to their equipment when called upon to do so for repair and or examination, or in case of customer default, removal of goods and or equipment may apply.
AMENDMENTS
The supplier reserves the right at any time, to modify these terms and conditions to suit the changing business needs. As soon as the changes are posted and visible on the suppliers website, the amended terms and conditions are effective. It is the responsibility of the customer to regularly review the terms and conditions outlined on the suppliers website.
Updated 1st of July, 2023.
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