Terms and Conditions
These conditions of hire apply to all hires by the company to each customer unless the customer is otherwise notified in writing. No variation or cancellation of any of these conditions of hire will be binding on the company unless agreed to by a responsible officer of the company in writing.
Unless otherwise stated in writing the company’s quotation will be valid for a period of up to seven (7) days from date of issue, after which time any order placed is subject to written confirmation. Acceptance of the quotation is subject to written confirmation, payment of non-refundable deposit/booking fee (non-credit account customers), purchase order (credit account customers) and the company’s terms & conditions of hire signed by an authorised person on behalf of the customer. On commencement of the hire without the customers written confirmation to such action it shall be deemed upon deposit/booking fee payment that the customer agrees to and accepts these terms and conditions of hire.
2. DEPOSIT & PAYMENT OF BALANCE
A non-refundable deposit/booking fee of 25% of your total invoice amount is required to secure a quote and your hire items. This is non-negotiable and ensures the confirmation of your items and our time in preparation. The balance of invoice is due one (1) week prior to your event date. If not paid, we reserve the right not to deliver hire items.
In the event of non payment when services were rendered The Company reserve the right to apply administration fees to the balance. If a debt collection agency or legal services are sought and used the fees involved will be passed onto the customer to pay on top of the original invoice.
3. CANCELLATION & VARIATION OF ORDERS
a. Cancellation outside 30 days of the hire date will incur fees to cover any site visits, work done to date and booking fee retained.
b. Cancellation 8 - 30 days prior to the hire date will incur a cancellation fee of 35% of the total contract price.
c. Cancellation 2 - 7 days prior to the hire date will incur a cancellation fee of 50% of the total contract price.
d. Cancellation within forty-eight (48) hours of the hire will incur a cancellation fee of 100% of the total contract price.
e. Cancellation due to an accident, death or terminal illness of an immediate family member, bride or groom depends upon the timeframe and will be dealt with individually, however the non-refundable deposit/booking fee will be retained by the company.
f. If any hire items become unavailable for hire as a result of damage or breakage at previous event the company will replace with like item or other items as deemed necessary. The customer agrees this may not be like for like item.
g. If The Hirer reduces the quantity of Hire items within 30 days of the delivery date, The Company reserves the right to charge for the
reduction at the percentages stated in clause 3a, 3b, 3c, 3d (Relevant to the total Hire).
4. USE OF EQUIPMENT
All equipment supplied on hire is the property of the company and remains so throughout the hire period. The customer will be responsible for the equipment for the agreed hire period until it is returned to the company, and shall maintain the equipment in good condition, reasonable wear and tear excepted. The customer warrants that the equipment will be returned in good working order to the company. The company makes no representations as to the suitability of the equipment for a particular need or event, and it is the customer’s responsibility to make that judgement on their own behalf.
a. Crockery shall be returned clean and dry and ready for pick up in the crates they were delivered in. They are NOT to be wrapped in plastic wrap. Extra charge will be incurred if these terms are not met.
b. Glassware is to be rinsed and returned stem up to crates there were delivered in. Extra charge will be incurred if these terms are not met.
c. Cutlery is to be washed and dried and returned in tub they were delivered in. Extra charge will be incurred if these terms are not met.
d. Extra charge will be incurred if the hire items are not ready for pick up at the agreed time and the company has to gather, scrape, wash or load any items.
e. All breakages of any said equipment or hire items will be charged for at the normal replacement cost of like item.
5. ADDITIONAL EQUIPMENT
If after commencement of the hire by the company any specification charges are requested, the cost of such changes will be borne by the customer.
6. EXTENDED HIRE
The customer must return all equipment when it is due back. A continuing hire fee will be charged for all equipment not returned to the company when it is due back. Costs will be charged to the customer at the standard weekly rate of hire, until the equipment has been returned to the company. The customer shall give appropriate notice in writing to the company if any extension or termination of the hire is requested. No refunds will be issued for the early return of the equipment on extended hire.
The company makes no representation that equipment will be available to meet every order. Availability of equipment to meet each order is subject to the timing of that order.
Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated the company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Where it has been agreed between the company and the customer that equipment is to be delivered to an address specified by the customer the same shall be available to be picked up at the specified date arranged at the address on the last day of the hire period. Where the customer has accepted delivery at the premises of the company all equipment hired shall be returned to those premises by the time arranged on the last day of the hire period. In the event that the equipment is not available to be picked up by the arranged time on the last day of the hire period or has not been returned to the premises by close of business on the last day of hire, the company must be notified immediately.
Where stated and choice made in Delivery and Collection options the company will deliver and place hire items according to site plan, or: will be delivered and stacked in location for the customer to place with this option the items must be stacked in same place upon the Company's collection. The company is not responsible for lighting candles or laying out linen.
8. DELIVERY CONFIRMATION
The company’s final paid invoice shall be conclusive evidence of the quantity of the equipment delivered and the date of their delivery. The customer shall be responsible at their own cost for providing a representative to check the quantity and identity of equipment delivered. The customer acknowledges and agrees that the company shall be able to deliver the equipment whether or not a representative of the customer is present at the time of delivery. Prices quoted are for delivery on street level. Extra charges shall be payable for delivery to and removal from higher or lower levels or extended distances.
9. SITE APPROVAL
The customer shall be responsible for giving any local or other authorities any necessary notice of their intention to erect the equipment or to have the equipment erected and shall pay all fees in connection therewith. The customer shall solely be responsible to ensure that the site is cleared and ready for the erection of the equipment and that the foundations upon which the equipment is to be erected are sufficiently firm and otherwise suitable to safety carry the equipment load to be put on it without subsidence. In the event that the company incurs or suffers any loss, cost or damages as a consequence of the customers failure to carry out its obligations under these terms the customer shall be solely responsible and shall indemnify the company for any such loss, costs or damages.
10. MISUSE OF EQUIPMENT
The company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the equipment by the customer and the customer agrees to keep the company indemnified in respect thereof.
If the equipment is damaged so it is no longer fit for hire, the customer must pay the company the current replacement cost of the equipment;
If the equipment is damaged but can be repaired, the customer must pay the company the repair costs and time taken to complete repairs.
The customer is responsible for the security of the equipment until such time as it is returned to or collected by the company. In the event of the equipment being stolen from the job or event site, the customer shall notify the company in writing stating the full circumstances of the theft and the time the police were notified. Until the company receives such notification, the hiring charges will continue. The customer shall also indemnify the company for any such loss of the equipment at the current replacement cost of the equipment, and must pay that cost to the company on demand. The customer must ensure that there is provided lighting, waterproofing, safe power supply, public protection, covering of power lines and such facilities as might be considered necessary for the requirement of authorities or in the interest of safety.
12. ACCESS TO SITE
The customer shall ensure that suitable access to and egress from the site is adequate to suit the mode of delivery or pick up. If this is not met further delivery and collection charges may apply.
The company will not insure any equipment for loss, theft or non-returned equipment. Any insurance policies undertaken are the sole responsibility of the customer. The customer bears all risk in relation to the equipment and its use until the equipment is safely returned to the company in good condition.
14. LOSSES AND THEFT
The company must be notified immediately of any equipment lost or stolen during the hire period. The customer indemnifies the company in respect of all such loss. The customer must pay on demand to the company the following amount:
If the equipment is lost or stolen, the customer must pay the company the current replacement cost of the equipment;
If the customer fails to provide notice of a lost item it shall be deemed as extended hire until such item is returned, and hire fees will continue until notice is given or the equipment is found.
15. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
The company shall not, in any event, be liable for contingent consequential, indirect, special, punitive or any other similar damages, howsoever caused, for any damage, injury or loss whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by the company to the customer are excluded, to the full extent permitted by law. The liability of the company resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the equipment to the customer or the repair of the equipment supplied to the customer.
The company adheres to the law of the relevant Occupational Health and Safety Acts of ACT, NSW, SA & VIC. The customer is to ensure adequate safety measures are adopted when necessary. The customer will make any inspections to ensure that there are no breaches of safety requirements at the site whether imposed by authority or otherwise; and that all works are performed according to relevant safety codes, standards and manufacturer’s specifications; and that there are no alterations or modifications to any equipment made by any person other than an employee of the company.
17. FORCE MAJEURE
For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, War, Rain, Hail, Wind, Fire, Pandemic, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither Shape Events and Hire nor the customer will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. The company may give written notice to the customer, giving full particulars of such Force Majeure.
The company shall not be liable for any indirect or consequential losses or expenses suffered by the customer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the customer as a result of any delays caused by such Force Majeure events.
18. THE COMPANY’S DECISION IS FINAL IN ALL MATTERS RELATING TO THESE TERMS AND CONDITIONS OF HIRE.