Terms & Conditions

1. BINDING CONTRACT

2. This Agreement is entered into and will be binding on us and you when
book the Hire Items.
3. Until you have paid the full Price, we may at any time withdraw it by any
means, including verbally, by email, SMS or letter to you. We may “hold”
the Hire Items for you for a period of forty eight (48) hours, after which
those Hire Items may be offered to another client.

2. TERMS OF PAYMENT

1. The Booking Fee of $250.00 must be paid at the time of Booking. Such
Booking Fee is non-refundable (except where otherwise outlined within
these Terms). By paying the Booking Fee, you acknowledge and accept
that the Booking Fee is not refundable and not transferable unless
specified in this Agreement.
2. The remainder of the Price (“Final Payment”) is within fourteen (14) days
of the Delivery Date. Any payments made to us may be made by bank
deposit to the nominated bank account on the Invoice.
3. If payment is not made in accordance with this Agreement, we are not
obliged to deliver the Hire Items and may withhold delivery until such
payment is made. You agree and acknowledge that we are not responsible
in any way for any delay or change to your event as a result of any late or
non-payments by you.
4. If any Hire Items require any custom work, manufacturing, adaptions, or
specific requirements to be made, we will require full payment for these
items in order for such work to be performed.

5. You acknowledge that through booking the Hire Items for the Delivery Date,
you accept that we will suffer loss by declining other work for that date,
from the date that you agree to this Agreement.
6. You will be required to pay a “bond” before taking possession of the
equipment. The amount of the bond is $200.00.
7. Where the Hire Items are returned in the condition it was provided to you,
you will be refunded the bond upon return of the Hire Items. Where items
are damaged or lost, and the bond is not sufficient to cover the loss or
damage to the item, you will be liable for any costs above and beyond the
bond amount in order to repair or replace the item. It is at our sole
discretion as to whether to repair or replace.

3. THE HIRE ITEMS

1. In accordance with the terms of this Agreement, we will deliver the Hire
Items on the Delivery Date to the address provided for in the Invoice.
2. The Price of the Hire Items is automatically calculated, taking into account
driving distance plus any cartage such a lifts, stairs or non-residential site
delivery.
3. You must:
1. You agree and acknowledge that we will not be held liable for any Hire
Items that are delivered to, or left at, the wrong location;
2. ensure that the Hire Items are kept in a safe environment and only used for
the intended hire purpose.
3. Ensure that the Hire Items remain on the location it is placed, and installed
by our crew unless otherwise agreed (for example, in inclement weather).
4. ensure that when it is time for us to collect the Hire Items from the Site,
they are all located in one place for ease of collection. Where this does not
occur, further charges will apply.
4. You agree and acknowledge that if the Site is not as outlined by you, we
may charge additional fees which will be immediately invoiced to you and
payment will be required within three (3) business days of the date of the
new invoice.
5. Any request to cancel or change the Hire Items must be submitted within
forty eight (48) hours via email and acknowledged by us. A change in the
Hire Items will always be subject to availability. We reserve the right to
accept or reject any such requests at our full discretion.
6. The Hire Items will, at all times, remain our property. You have no legal or
equitable interest in the Hire Items or any part thereof. Your possession of
the Hire Items (upon delivery) will be as a Bailee for the entire period from
the time that you book the Hire Items up to the time in which the Hire Items
are collected in accordance with our Collection Schedule (“Period of
Hire”).
7. Upon delivery, the Hire Items must be inspected by you to determine
whether the Hire Items delivered are complete in accordance with this
Agreement and are in good order and working condition. You will on
completion of the inspection be deemed to have satisfied yourself that the

Hire Items are suitable, fit and merchantable and capable of meeting all the
requirements of the Hire Items.
8. Any shortages or malfunctioning of the Hire Items must be notified by you
to us, in writing, immediately following your discovery.
9. If weather is predicted during the Period of Hire, it is your responsibility to
make alternative arrangements as to the Hire Items’ location. The
alternative location must be ascertained prior to the Period of Hire. You
cannot cancel the Services or postpone the Period of Hire where inclement
weather is predicted or is experienced.
10. During the Period of Hire, and for any period of time you are in possession
of the Hire Items, you are a bailee of the Hire Items. In addition to all duties
imposed at law upon bailees, it is an essential term of this Agreement that
you will:
1. At all times, ensure that the Hire Items are supervised and not left
unattended, whether it be prior to use, during use, or awaiting delivery;
2. Ensure that you have the appropriate permission from the relevant Council
or authority which allows you to place the Hire Items at your selected
location (and in instances where you fail to do so, we will not be
responsible for any fees, charges or fines incurred);
3. At all times exercise all reasonable care and diligence in the use of the Hire
Items in accordance with Manufacturer’s or Owner’s specifications;
4. Where you have responsibility to return the Hire Items, you must return
them in a clean state and in good order and working condition to us at our
address for delivery on or prior to the expiration of the Period of Hire;
5. Where we are to collect the Hire Items at the expiration of the Period of
Hire, you must make them available for collection in a clean state and in
good order and working condition at the Site on the Collection Date;
6. Not, without our written consent provided prior to the Delivery Date, adhere
anything to any Hire Item including but not limited to: vinyl, glue, tape,
staples, stickers. If prior written consent is provided, you must return the
Hire Items to the condition they were in when delivered;
7. Be responsible for all accidental damage to the Hire Items, save and
except where, in our reasonable opinion, such damage is caused by us;
8. Be responsible for all loss or damage to the Hire Items, except for damage
which has been caused by reasonable wear and tear;
9. At no time during the Period of Hire part with possession of the Hire Items
or in any way deal with them in a manner inconsistent with our rights as
owner;
10. Ensure that the Hire Items are secure at all times and where being stored
in unlocked premises, supply such security measures to ensure that the
Hire Items are secure at all times;
11. Keep the Hire Items safe at all times during the Period of Hire;

12. Not remove or deface any label, Manufacturer’s serial numbers or other
marks identifying the Hire Items and/or our ownership of the Hire Items;
and
13. Not permit any person to improperly use the Hire Items.
11. In the event that the Hire Items or any part of them are lost, stolen or
damaged during the Period of Hire in circumstances where you bear
responsibility under this Agreement, you will be liable to us and will
indemnify us for the cost and expenses of the replacement of such lost or
stolen Hire Items and/or for the replacement of Hire Items which, in our
sole determination, are damaged beyond repair and/or for the costs and
expenses of repairing or re-instating damaged Hire Items.
12. In the event that you fail or refuse for any reason whatsoever to return or
make available for collection the Hire Items to us at the expiration of the
Period of Hire, then you will be in breach of an essential term of this
Agreement and without prejudice to any other rights which we may have,
either pursuant to this Agreement or at law, you will be liable to pay us on a
Day-Rate basis for the hiring of the Hire Items for such further period or as
otherwise notified by us.
13. For the purposes of clause 3.11 above, such further period of time will
commence at the expiration of the Period of Hire and conclude at the
earliest to occur of, the date when the Hire Items are returned to us in good
working order and condition or the date when we receive from you the full
monetary compensation for the loss or damage to the Hire Items. The loss
or damage to the Hire Items will be the replacement cost of the Hire Items
at that time or, where the Hire Items cannot be replaced, the cost of new
substitute Hire Items that can substantially be used for the same purpose
as the lost damaged or destroyed Hire Items. In addition, you fully
indemnify us for any other liability, loss or cost that we might sustain as a
consequence of us being unable to meet any other contractual obligation to
supply those Hire Items (or any other item thereof).

4. SERVICES

1. Where we provide Services for you at the Site, each of the following are
Essential Terms of this Agreement, which you must comply with. You must:
2. Ensure that we are able to access the Site at all times specified by us and
at all other reasonable times so as to enable us to provide the Services;
3. Do all such things as are necessary to discharge your obligations under all
applicable Occupation Health and Safety legislation, regulations and codes
of practice so as to ensure that the Site and the Hire Items as installed are
safe and free from defects and dangerous conditions;
2. You acknowledge that we may in providing the Services be dependent
upon other contractors preparing the Site for the Hire Items or their
installation. We will not be liable for any delay in installing the Hire Items or
for providing the Services where such delay is a consequence of any act or
omission.

3. It is the exclusive responsibility of you to ensure that all required facilities
are available and are in place, are safe and in good working order.

5. TAKING AND USING PHOTOS

1. You expressly grant us permission to use photos from your Event in various
forms of advertising promoting our business. Where images are provided
by your photographer, appropriate credit will be given but you must warrant
that you have obtained permission from the copyright owner of the photo
for its use.
2. We may use and publish photographs of all involved in the event for
editorial, trade, advertising, website use, or any other purpose and in any
manner and medium that they see fit to promote our services and
inventory.
3. We may, at our cost and discretion, document aspects of your event with
photography, video and or written word with our selected suppliers. We will
be respectful of your privacy and anonymity by not including your name or
photos of you and your guests if you do not wish for this information to be
published. Should you find that we post photographs but wish for us to take
them down, please inform us and we will use our best efforts to do so as
soon as practicable.
4. All creative work and General Equipment provided by us must be credited
accordingly. All publications (media, print, blog, social media) must credit us
as the supplier for the concept & items hired within your quote/invoice. All
subcontractors/third party suppliers must also credit accordingly when
using our services or the Hire Items.

6. DEFAULT EVENTS

1. You will be in default if:
2. You breach any of your obligations under this Agreement and fail to remedy
such breach within seven (7) days of being requested by us to do so;
3. You breach any essential term of this Agreement;
4. Where you are a corporation that is insolvent, is wound-up or goes into
Liquidation or has an Administrator appointed to you or has a Receiver
appointed over any of your assets;
5. Where you are a natural person, you become insolvent or make an
assignment for the benefit of your creditors or commit an act of bankruptcy
under theBankruptcy Act1966 (Cth) or are declared.
2. On the happening of a default event we may, without prejudice to any of
our other rights either under this Agreement or at law and without previous
notice to you, enter any Site where we believe the Hire Items to be located
and re-possess them and you hereby agree not to make any claim or bring
any action against us as a result of the re-possession of the Hire Items.

3. You agree to indemnify us and keep us indemnified against any loss or
liability expense or cost which might be incurred by us in entering upon the
Site and taking possession of the Hire Items or any item thereof. Such
indemnity covers any liability to any third party for trespass or for damage
to the Site occasioned through the entry upon the Site, the re-possession of
the Hire Items or their removal from the area.

7. WARRANTIES

1. We warrant to you that the Hire Items will be provided using reasonable
care and skill, however, subject to any condition, warranty or right implied
or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any
other law which cannot by law be excluded by agreement, or any express
provision in this Agreement, we give no warranties regarding any Hire
Items supplied and all other implied or imposed conditions, warranties and
rights are excluded. Where any condition, warranty or right is implied or
imposed by law and cannot be excluded, we limit our liability for breach of
that implied or imposed condition, warranty or right to the fullest extent
permitted by law.
2. Subject to the qualifications in section 64A of Schedule 2 of the CCA or any
other law, our liability for any breach of any implied or imposed condition,
warranty or right in connection with the Hire Items is limited to one or more
of the following (at the election of us):
1. The supply to you of substituted equivalent Hire Items; or
2. The payment of the costs of supplying to you substituted equivalent Hire
Items; or
3. The repayment to you of the goods.

8. LIMITATION OF LIABILITY

1. Our liability is limited as follows:
2. We are not liable to you for any loss or damage which you might sustain as
a consequence of you ordering the wrong Hire Items or insufficient
quantities of the Hire Items or where the Hire Items are hired for a purpose
which is outside of the Hire Items’ function.
3. We will have no liability where the Site is not prepared for the delivery and
installation of the Hire Items on the Delivery Date.
4. We have no liability to you for any damage or loss which you might sustain
where the cause of that damage or loss is the negligence of you or any of
your agents or guests.
5. It is your responsibility to ensure that the Site is safe and you indemnify us
against any liability to any third party who suffers injury, loss or damage
where such injury, loss or damage is caused wholly or partly as a
consequence of any negligent act or omission or other failure on the part of
you to ensure that the Site is safe.

9. CANCELLATION OR CHANGE OF DATE

1. You may cancel this Agreement at any time, by notifying us in writing and
by doing so, you forfeit the Booking Fee and any monies paid to date in
accordance with this Agreement.

2. You may postpone or change the date for the Hire Items on one occasion,
however the postponement or change of date is subject to availability.
3. You agree and acknowledge that we have the right, at any time, to cancel
this Agreement if we:
1. Consider that you are not meeting your contractual obligations; or
2. You, in our reasonable opinion, make unreasonable or excessive demands;
and
In both cases you will forfeit the monies paid.

10. FORCE MAJEURE

1. We will not be liable or responsible for any failure to perform, or the delay in
performance of, any of our obligations under the Agreement that is caused
by any act or event beyond our control. Examples include, but are not
limited to, acts of God, flood, fire, warfare, government laws or regulations,
electrical fire, strikes by vendors (known as ‘force majeure
circumstances’).
2. If a genuine force majeure circumstance occurs and means that the
performance of our obligations under the Agreement has become
impossible, we will contact you as soon as reasonably possible to notify
you. The provision of the Hire Items will be suspended and the time for
performance of our obligations under the Agreement will be extended for
the duration of that force majeure circumstance. This clause does not apply
in circumstances where an event outside of our control occurs, but the
circumstances still make the booking possible (notwithstanding any
inconvenience or hardship).
3. If you cancel the Hire Items or wish to vary the Agreement because the
alleged event outside of our control causes mere inconvenience or
changes the booking in a manner that does not suit you, any fees and
charges that are deemed non-refundable remain so and we are only
obliged to use our reasonable endeavours to provide an alternative date.
4. In genuine force majeure circumstances, we will endeavour to arrange a
new time and date for the provision of the Hire Items after the event outside
of our control is over. Parties must use all reasonable endeavours to
mutually agree on a new date, but if the parties are unable to agree on an
alternative date, we will treat the Agreement as being terminated by you at
will and all monies paid to date, including the Booking Fee, will be forfeited.
In force majeure circumstances, where an alternative date can be mutually
agreed, we will credit, where possible, any amount paid already for that
new date.
5. If you choose to have your Hire Items allocated again and an event beyond
our control is reasonably foreseeable, then the Agreement is varied at your
own risk and we will not be liable for any loss suffered as a result of the
failure of your second allocation not being required. We are under no
obligation to provide a further date as a result of any cancellation or
postponement.

11. GST

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If, and to the extent, any supply of the Goods under the Agreement is a taxable
supply within the meaning of the A New Tax System (Goods and Services Tax)
Act 1999 (Cth), the price for the Goods will be increased to include GST payable
by the Supplier in respect of the supply. All rebates, discounts or other reductions
in price will be calculated on the GST exclusive price.

12. JURISDICTION

This Agreement and any dispute relating to the same are governed exclusively by
the laws of Queensland. Any legal proceedings relating to them can only be taken
in courts with jurisdiction in Queensland.

13. SEVERABILITY AND WAIVER

1. If the whole or any part of a provision of this Agreement is or becomes
invalid or unenforceable under the law of any jurisdiction, it is severed in
that jurisdiction to the extent that it is invalid or unenforceable and whether
it is in severable terms or not. This does not apply if the severance of a
provision of this Agreement in accordance with that clause would materially
affect or alter the nature or effect of the parties' obligations under this
Agreement.
2. Our failure to exercise or enforce any one or more of our rights under this
Agreement will not constitute a waiver of such rights unless such waiver is
granted to you in writing.

14. AMENDMENTS AND VARIATIONS

We reserve the right to revise and update this Agreement by making any changes
immediately without notifying you, except by providing you with the amended
terms. We may revise these terms from time to time. The revised terms will take
effect when we have provided them to you and your continued usage of our Hire
Items after any changes to these terms will mean you accept those changes.

15. EXECUTION BY PARTIES

This Agreement must be executed by each authorised person named (unless the
parties are an incorporated entity). In instances where it is signed by one
authorised person, that authorised person acknowledges and warrants that they
have the authorisation to execute accept the Agreement on behalf of the other
authorised person. In doing so, they also warrant that the other person has read
and understood this Agreement prior to providing permission to accept.