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.
DEPOSIT & PAYMENT TERMS
Your booking will be confirmed once the deposit is paid. Upon payment of the deposit the Customer will have been deemed to have accepted the Terms and Conditions of Hire. Full payment is to be made in full 7 days prior to the booked event. If there are any issues with payment please feel free to contact us to make alternate arrangements.
The Customer invoiced is liable for all payments and additional damages incurred by the Company. If the Customer is enquiring and booking on behalf of another person, they accept full liability on behalf of the third party and all associated charges.
The Company has the right to cancel a booking if a full payment is not received within 48hr from the delivery/pick up date. A handling fee of a minimum of $50 will be charged if the booking is cancelled due to late payments.
It is the hirer's responsibility to ensure that all details and items on the issued invoice are correct, including all subsequent invoices issued if changes are made. The Company does not accept responsibility for incorrect items sent if they are stated on the invoice and paid for by the client.
Bookings canceled prior to 7 days before the event will attract a $50 processing fee, and we will refund the rest of the deposit.
Bookings canceled within 7 Days of the event will forfeit the deposit paid, however, any other amounts received will be refunded.
USE OF EQUIPMENT
All Equipment supplied on hire is the property of the Company and remains so until it is A) Returned to the Company. B) The Customer will be responsible for the Equipment until it is returned to the Company, and C) 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 representation as to the suitability of the Equipment for a particular need or event, and it is the Customer's responsibility to make that judgment on its own behalf. The Company reserves the right to assess the site upon delivery and judge whether item(s) should be left at the location to avoid any loss or damages.
The hire is for one day (24 hours) from the time of delivery, unless agreed upon mutually in writing by both parties. 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. Any additional charges incurred may be charged to a credit card or invoiced. If the Customer fails to return the equipment, the Customer gives us permission to enter the premises of where the Equipment is held to collect the Equipment.
The Customer must return all Equipment when it is due back. A continuing hire fee for all Equipment not returned to the Company when it is due back will be charged to the Customer, at the standard daily rate of hire or hire period, 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.
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. The Customer accepts full responsibility for the Equipment once they take possession of the Equipment. The Customer is liable for the replacement cost of any Equipment that is stolen, missing, vandalised or broken. The Customer is liable for any damages caused to the Equipment.
The Customer acknowledges that they have received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.
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 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, water proofing, 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 interests of safety.
The Customer is responsible for taking care when handling Equipment and is also responsible for informing other parties about The Company’s Terms and Conditions of Hire. The Customer is responsible for notifying The Company in the event of loss or damages. The Company reserves the right to pre-authorise a credit card, and charge for any additional cleaning, repairs or replacement as deemed necessary by The Company.
LOSS AND DAMAGES
The Company must be notified immediately of any Equipment lost or damaged 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 amounts: i. If the Equipment is lost, the Customer must pay to the Company the current replacement cost of the Equipment; ii. If the Equipment is damaged, the Customer must pay for all repairs; iii. If no notice is given to the Company of a lost item, it shall be deemed as extended hire until such item is returned, and hire fees with continue until notice is given or the Equipment is found.
The Customer agrees to pay full replacement costs for any Equipment lost or considered by the Company as being irreparably damaged. Such payment shall be made by the Customer within seven (7) days of such loss or damage coming to the attention of the Company. In the event payment is not made within the seven (7) day period the Company has the right to charge the account details provided.
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
The Company shall not in any event be liable for contingent, consequential, indirect, special, and 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 shall not be liable for any damages caused by its Equipment, this includes but is not limited to walls, floors, doors, windows, stairs, furniture, fixtures, fittings, artworks and landscaping. In the event the site is not clear to receive The Company’s Equipment and The Company (or its Contractors) move existing furniture, The Company are not liable for any damage caused.
The Company shall not accept any consequential costs or damages arising from the failure, delay, bad weather or malfunction of the Equipment. The Customer is responsible for taking precautions to ensure alternative arrangements are made in such a situation.
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, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. The Company will not be liable for the consequences of any circumstance reasonably beyond The Company’s control which affects its obligations under this Agreement.
GOODS & SERVICES TAX (GST)
Where applicable the Customer will be charged in accordance with current Federal and State legislation.
GOVERNING LAWS AND VENUE
This Contract will be governed and constructed in accordance with the laws of the state of NSW, the parties submit to the jurisdiction of the Courts of that state for determination of any dispute claim or demand arising out of these Terms & Conditions.
The Company reserves the right to take photos at event locations utilising the Company's Equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognisable private property and persons. Photos may be used in publications or other media produced, used, or contracted by the Company.
The Customer agrees and accepts full responsibility for the following conditions:
a) Through the period of hire to maintain the Equipment (including packaging and road cases) and to return Products in the same conditions as it was when the Customer first took possession
b) To be responsible for all damage to Equipment caused by the weather including but not limited to rain, hail and wind
c) Promptly to pay all charges in accordance with the terms set out herein irrespective that no demand shall have been made by the Company
d) To return all Equipment promptly to the Company at the end of the hire period, without any requirement by the Company to make demand in relation thereto
e) To permit (and obtain permission) for the Company and any of its officers, servants and agents to enter the premises where the Equipment may be located and (without prejudice to any other claims or rights as the Company may have to damages of otherwise) to inspect the Company’s Equipment or to merit the repossession by the Company of the Equipment if the Company determines that any breach of the terms or conditions of the hire has been committed
f) The Customer is responsible to ensure that Festive Nights Party Hire has accurate bump in/out times at least 2 weeks prior to the event date
g) All expenses, costs or disbursements incurred by the Company in recovering any outstanding monies, including debt collection fees and Solicitor costs, shall be paid by The Customer.
h) Where the Company agrees by special arrangement to deliver Equipment to a person (whether or not an officer, servant or agent of the Customer and whosoever identified), nominated by the Customer, that person shall be deemed to be the authorized agent of the Customer for all purposes of the contract and be bound by these terms and conditions without releasing the Customer named herein from being personally and severely liable hereunder
i) To be responsible for all loss or damage whatsoever or howsoever caused to any person or property in relation to the Equipment or the use thereof and without limiting that responsibility, the Customer shall be liable to affect public risk insurance in relation to the Equipment for the duration of the period of hire
j) Acknowledge that repairs of damaged Equipment will not be undertaken without the written authority of Festive Nights Party Hire
k) All missing Equipment or those damaged beyond repair will be paid for at current retail value.