Terms of service.

Parties

The Event Storeroom ABN 92 497 343 699 (“Supplier”) of 600 Bunnan Road, Scone provides equipment for events on hire to parties.

The Hirer from time to time requires the short term use of equipment provided by the Supplier.

In acceptance of the Quote provided by the Supplier, and placing a booking for the hire of equipment the Hirer accepts the Terms and Conditions attached to the Quote and in doing so the Hirer warrants that they have the full power and authority to accept these Terms and Conditions. Where more than one Hirer has accepted these Terms and Conditions each party shall be jointly and severally liable for the payment to the supplier for the equipment hired.

Definitions

“Booking” means the Hirer agrees to the Terms and Conditions and have placed an order for equipment to be supplied by the supplier at an agreed place and time.

“Claim” means all obligations, sums of money, accounts, actions, suits, causes of action, complaints, demands, proceedings, arbitrations, claims, loss or harm of any kind however arising, whether present, unascertained, immediate, future, or contingent whatsoever at law and in equity and/or arising under any statute and whether involving a third party or a party to these Terms and Conditions or otherwise.

“Deposit” means the amount paid by the Hirer at the time of booking an event with the Supplier.

“Equipment” means the items that the Supplier has agreed to supply the Hirer for an event.

“Event” means the agreed time and place that the Supplier will deliver equipment to the Hirer.

“Event Date” means the date that the event will take place.

“Install” means the styling and installation of Equipment at an event by the Supplier.

“Terms & Conditions” means the terms and conditions contained in this document.

Booking

The Supplier will provide a quote upon request to the Hirer for all equipment requested by the Hirer. All Quotes remain valid for 14 days from the date of the quote.

The company/and or person who has made the booking is liable for all payment.

The hire is for one day unless agreed upon mutually in writing by both parties.

Deposit

The Supplier will request credit card details or a refundable deposit to cover for any damages, theft, cancellations, cleaning or inability to access the equipment to be picked up at the agreed time.

By making a booking, you authorise for your credit card to be charged in the case that any equipment is lost, stolen, damaged, requires cleaning, if a booking is cancelled or is unable to be picked up.

A refundable deposit of 20% or $300 (whichever is the greater) will be required at the time of booking the event via EFT or credit card. Credit card payments incur a 3% surcharge. Only VISA and MasterCard credit cards are accepted, AMEX is not.

The Supplier will provide a confirmation of booking to the Hirer when payment is received by Supplier.

On day of scheduled delivery or pick up the Supplier will charge the Hirer a 20% refundable deposit to cover the cost of any additional cleaning, breakages, damages to the Equipment. The deposit will be returned to Hirer upon inspection of Equipment returned.

Cancellation

If the Hirer cancels a Booking within 30 days from the event date a non-refundable charge of 20% being the deposit will be charged by the Supplier.

If the Hirer cancels the Booking within 72-hour of the Event Date the Supplier will charge a 100% cancellation fee.

If items are removed from an order or quantities reduced, a cancellation fee will apply to these items. If items are cancelled prior to 72 hours of the Event then the Supplier will charge a 50% cancellation fee. If the Hirer cancels items within 72 hours of Event Date then the Supplier will charge 100% cancellation fee.

By providing your credit card details, you give permission for the Supplier to charge the card for any cancelled bookings.

Payment

Full payment must be made by the Hirer 1 week prior to the scheduled day of delivery or pickup the equipment.

Cash is the only method of payment which is accepted on the day and the person hiring the equipment must be there at the time the equipment is delivered to pay in cash or have provided the money to another person who will be present.

The Hirer must have the correct change in cash. If that Hirer or representative for that Hirer is not there to provide the cash on delivery, we reserve the right not to deliver the equipment or charge the credit card provided at the time of the booking.

Delivery

Delivery of all Equipment is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the Equipment is more than 10 metres away from where the Supplier’s vehicle can park.

Extra charges also apply for stairs, steep descents and going up levels in buildings. The Hirer is responsible for telling us via email if the delivery has any of these conditions. Failure to do so will result in extra charges, and in extreme cases refusal to deliver. Extra charges will be taken out of the Deposit, the hirers credit card or will be payable on the day in cash.

The Supplier reserves the right to reschedule a booking if it is a safety risk to deliver or set up Equipment, in the case of extreme weather conditions such as torrential rains, hail, strong winds, flooding, extreme thunderstorms, earthquake or an area being restricted from access due to a terrorist attack. Should we not be able to deliver at a later time on the Event Date, we will happily deliver on the next available day.

Should the Event have to be cancelled for one of these reasons and your Event can’t be rescheduled to another time, a credit of 50% of the original Booking can be applied for a future booking.

Hirer Responsibilities & Liability

The Hirer accepts full responsibility for the Equipment once they take possession of the Equipment. This is from the time it is delivered, installed or picked up to the time it is collected or returned. In the case that the driver is held up on the day and will not make the scheduled pick up time, you are still liable for the Equipment until the time the driver arrives.

The Hirer assumes proper knowledge in the operation and handling of the Equipment and follows OH&S policies and does not hold Supplier responsible for any injury caused to themselves or others whilst moving setting up or using any equipment.

The Hirer must inspect and check all Equipment and notify Supplier at the time of delivery if there is any Equipment missing, damaged or unfit for use. Failure to do so will see the Hirer responsible for any damages or missing Equipment upon pick up.

The Hirer agrees to pay to the Supplier for any breakages to Equipment that is supplied at the full replacement cost of any item.

The Hirer agrees to pay the Supplier the full cost of any repairs required for the damage to any Equipment during the hire period.

The Hirer agrees that all furniture, glassware, crockery and cutlery shall be rinsed and packed and return in boxes supplied.

The Hirer agrees to return all Linen in laundry bags provided.

The Hirer agrees that if any Equipment returned requires additional cleaning (such as soaking, scrubbing, removal of debris) the Hirer will incur an additional cleaning charge.

Set Up

The Supplier will Install Equipment for an additional fee. Otherwise, the Equipment is the responsibility of the Hirer to set up. Instructions can be provided via the phone by calling our office. All Equipment will be placed in a pile for the Hirer to set up in their own time.

If you require set up, this service can be offered for an additional hourly rate, however must be pre-booked with our bookings team prior to the delivery date to ensure the extra set up time is factored into our delivery schedule.

Pick Up

Failure to return the Equipment or inability for our drivers to access the Equipment for pick up will incur a daily charge for the Equipment for any days beyond the agreed hire period. This may be taken from the Deposit, and any additional charges incurred may be charged to the Hirer’s credit card or invoiced. If the Hirer fails to return the Equipment, the Hirer gives us permission to enter the premises of where the Equipment is held to collect the Equipment without being responsible for any damages caused to enter the premises.

If the Hirer has arranged to pick up and return Equipment from our warehouse, the Hirer gives the Supplier permission to charge their credit card additional fees if the Hirer does not comply with the scheduled time to attend our warehouse.

Breakages

The Hirer is liable for the replacement cost of any Equipment that is stolen, goes missing, is vandalised or broken. The Hirer is liable for any damages caused to the Equipment, and this includes damages caused by weather and vandalism.

No refunds are given in the event that weather damages any Equipment or if the Equipment is vandalised.

Release & Indemnity

No warranty is provided by Supplier for the Equipment’s fitness for any particular use. We may also replace any item with a similar item in the case that the original product booked may be unavailable due to unforeseen circumstances.

The Customer:

Releases the Supplier, its employees, servants and agents from any Claims;

Agrees to indemnify and keep indemnified the supplier against any liability or loss arising from, and any costs, charges, expenses and liabilities incurred in relation to any Claims relating to the Services and in each case, including but not limited to, Solicitor/Client legal costs and expenses on a full indemnity basis.

Further, the Supplier shall not be liable for any negligent act or any loss, damage or Claims of whatsoever nature or howsoever arising out of the hire of Equipment notwithstanding the same may be attributable to or may in part be attributable to recklessness, negligence, forbearance or neglect by the Supplier, its servants or agents or permitted assigns.

Subject to other clauses in these Terms and Conditions and implied provisions, the Supplier shall not be liable whatsoever to the Hirer for any indirect, consequential loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Supplier of these Terms and Conditions.

Amendments to Hire Agreement

The Terms and Conditions can only be amended by Supplier.

Any changes to this contract must be written and signed by both Hirer and Supplier. Oral agreements are non-binding. The latest contract supersedes all previous contracts between Hirer and Supplier. This agreement binds and benefits the heirs, successors and assignees of the parties.

General

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales. The parties submit to the exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.

If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.

Any notice given by the Supplier to the Hirer pursuant to these Terms and Conditions shall be deemed to be served on the Hirer the next Business Day after the sending of an email addressed to the Hirer at the Hirer’s email address or such other address notified to the Supplier by the Hirer notwithstanding that any such notice may not be received by the Hirer.