15% surcharge on public holidays
Prices exclude GST
Definitions:
(a) The “Owner” is Exotic Soirees PTY LTD
(b) The “Hirer” means the person, firm or corporation hiring equipment from the Owner
(c) The “Equipment” means all equipment, accessories and parts supplied to the Hirer on the Contract.
(d) The “Hire period” means the period for which the Equipment is hired, as set out in the Contract (e) The “Contract” means the Order to Hire the Equipment (f) The “Order” means the signed quote or invoice to hire the Equipment (g) The “Deposit” means the amount payable to secure the Order.
General Terms and Conditions of Hire:
1) The Hirer is responsible for the Equipment hired from the time of its delivery to the event venue, to the time of its return to the Owners and shall pay full replacement cost for all Equipment damaged, lost or stolen during this time. The Hirer will also undertake to protect the Equipment from theft, damage and/or risks at all times.
2) If the Equipment is returned in a dirty, damaged, stained or defective state (fair wear and tear applies) for example but not limited to, candle wax, fabric burns, blood, marker pen, animal smell, the Hirer shall be liable to pay the Owner for the cost of any repair and/or any professional cleaning required for re-hire. The Hirer is liable for any replacement costs of any unrepairable or missing Equipment. Damaged or lost goods will be invoiced separately and payments must be received within 7 days of invoicing or further penalties will be incurred. The Hirer is to notify the Owner immediately should any loss or damage to the Equipment occur.
3) For overnight hire, if the event venue is in a public place or deemed to have exposure to the general public, an on-site security person will be required to protect the Equipment during the course of the Hire period. The Hirer agrees to pay the Owner the specified security fee if one is needed. Alternatively, after hours bump-out can be arranged at an additional cost.
4) It is the Hirers responsibility to check that all items are clearly listed on the invoice and that they are present at time of delivery and collection.
5) If through circumstances beyond control of the Owner, they are unable to provide the Equipment, the Owner may (a) Make changes to the Equipment provided that the end performance is not materially prejudiced; or (b) cancel any order by notice in writing, within 24hrs of the Hire period commencing.
6) The Hirer shall not use any cooking spit, open flames, flame candles, braziers, gas pedestal heater in or within the Equipment unless agreed in writing by the Owner and any braziers need to be at least 5 metres away from equipment unless covered with an ember guard. Our marquees are flame retardant and melt easily if any open flame or embers come in contact with it. If excessive smoke tainting is apparent, the client can be liable for airing and cleaning costs.
7) The Hirer shall not let any domesticated pets in, on or near the Equipment at any stage of hire.
8) Strictly no smoking within/close to marquees or in seating areas.
9) The Owner accepts no responsibility for the cleaning and removal of any food/drink or additional waste items. On collection of the equipment if we are required to remove glassware, bottles, food, tableware etc in order to pack away furniture, additional fees may apply.
10) The hirer must satisfactorily wash all tableware before collection and any items that are not, could incur an additional charge.
Installation:
1) The Hirer or their representative must be present during the installation.
2) The Hirer must ensure clear and safe access to the site, including the restraint of dogs.
3) The Hirer must obtain any relevant approvals from council or landowners required for the event and agrees to indemnify The Owner of all loss, damages, fines and liability as a result of not obtaining the necessary approvals.
4) The owner must notify the venue to turn off any sprinklers during the hire period. If there is damage to any equipment, the hirer will be invoiced at replacement value.
5) Although all reasonable care is taken, no responsibility by The Owner is accepted for any damages that may be caused as a result of installation to underground utilities, structures or lawns of the venue. The client is asked to do their due diligence when it comes to site plans and any underground reticulation and inform The Owner.
6) The Hirer shall not move, dismantle or modify the Equipment from the position of its installation.
7) The Hirer grants the Owner a right of access at all times to inspect, repair and examine the Equipment and to remove/replace the Equipment at any time.
8) Depending on the Hirers choice of venue, we may be required to remove all the Equipment after hours due to the terms and conditions of the chosen venue. A surcharge for this will be applied on the invoice for dismantling after normal business hours and/or after sunset.
9) The Owner asks the client if there is a need to mow the lawns prior, that they use a clipping catcher as this could lead to excessive cleaning costs passed on to the client.
Deposit and Refunds:
1) A 50% deposit is payable by the Hirer on acceptance of the Order.
2) The balance of the invoice is due 7 days prior to installation.
3) The Owner is not obliged to deliver possession of the Equipment to the Hirer until funds are cleared and any security deposit is payed.
4) In the event of inclement weather, the Owner may cancel the Order at any time before and during installation and refund 100% of the Hirers fees and security deposit paid, within 7 days. The owner regards its duty of care paramount for the safety of the Hirer and their guests. The Hirer shall have no claim for such cancellation.
5) The Hirer may cancel the Order in writing, but shall forfeit any hire fees paid as follows:
Security Bond:
1) The Hirer may be required to pay to the Owner a security bond in the amount detailed on the invoice.
3) The security deposit shall be refundable (less damages and shortages) within 7 days by the Owner after the Hire period has ended.
4) )The Owner has a right to withhold Hirers bond for any unreasonable bump-in/out delays and waiting times. This will be charged at $50+GST per staff member per hour of delay from agreed time of pack-down.
5) The Hirer gives the Owner authorisation to withhold any monies owing as a result of the above-mentioned, from the security deposit.
Indemnity:
1) The Hirer agrees and fully indemnifies the Owner and the Owners servants and agents for and against all claims. The hirer hereby acknowledges and agrees that the Owner will in no way accept responsibility or be held accountable for any injury, death, loss of income or damage caused to the client or its property, or any third parties or properties involved in relation to the hire equipment/and or services hired.
2) The Hirer hereby acknowledges that it has read and understood the above terms and conditions and unconditionally accepts all of the above by signing this copy and returning the original to the Owner on/or prior to payment of their deposit evidencing their acceptance of these terms and conditions.