Terms and Conditions
Our standard terms and conditions are:
1. Definitions
In this Agreement:
- 1.1 ‘Agreement’ means these General terms of business and any schedules or annexures hereto;1.2 ‘Booking’ means the Hire Company’s document setting out the Hire Items and the Fee for same;
1.3 ‘Booking Fee’ means 25% of the Fee payable by the Client for provision of the Hire Items for the Hire Term as set out in the Booking, or as otherwise agreed in writing between the parties and subject to clause 5.4;
1.4 ‘Client’ means the person or entity to whom the Hire Items are provided in accordance with this Agreement;
1.5 ‘Commencement Date’ means the day the Hire Company receives payment of the Booking Fee;
1.6 ‘Confidential Information’ means, in the relation to a party, the information and material of that party (or related person or Related Body Corporate), that is not publicly available, including the party’s: trade secrets; strategic, corporate and financial information; material and information relating to the methods of operation of the business; material and information relating to its clients and/or prospective clients; material and information relating to suppliers; sales and pricing information; marketing and business plans; software and hardware; programming information and data; intellectual property; and other information which is by its nature confidential;
1.7 ‘Delivery’ means delivery to the address advised in the Booking;
1.8 ‘Event’ means the period that the Hire Items will be provided as set out in theBooking;
1.9 ‘Force Majeure’ means a circumstance beyond the reasonable control of a party which occurs without the fault or negligence of the party affected, and includes, inevitable accident, storm, flood, fire, earthquake, explosion, pandemic (excluding COVID-19), peril of navigation, hostility, war (declared or undeclared), insurrection, executive or administrative order or act of either general or particular application of any government, whether de jure or de facto, or of any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws, regulations or policies, quarantine or customs restrictions, breakdown or damage to or confiscation of property;
1.10 ‘Fee’ means the Fee payable by the Client for provision of the Hire Items for the Hire Term as set out in the Booking, or as otherwise agreed in writing between the parties;
1.11 ‘Hire Company’ means C. Salem & J.M Salem ABN: 668 437 101 35 trading as Confetti Party Hire;
1.12 ‘Hire Company Contact’ means the person identified as such in writing by The Hire Company to the Client from time to time;
1.13 ‘Hire Items’ means any product, decorations, props, furniture and any items provided by the Hire Company to the Client;
1.14 ‘Hire Term’ means the period described as such in the Booking;
1.15 ‘Person’ includes any natural person, partnership, association, trust, business, or other organisation or entity of any description and a person’s legal personal representative(s), successors, assigns or substitutes;
1.16 ‘Related Body Corporate’ has the same meaning as it has in the Corporations Act 2001 (Cth).
2. Commencement and Duration
2.1 The Client appoints The Hire Company to provide the Hire Items in accordance with these terms and conditions.
2.2 This Agreement will start on the Commencement Date and will continue until terminated in accordance with its terms.
3. Provision of Services
3.1 The Hire Company agrees to provide the Hire Items to the Client as agreed by the Hire Company and the Client in accordance with and subject to this Agreement.
3.2 The Client is to do all things reasonably necessary as requested by The Hire Company, to enable The Hire Company to provide the Hire Items.
4. Instructions and Compliance
4.1 The Hire Company will liaise with and obtain instructions concerning the provision of the Hire Items from the Client from time to time.
4.2 The Client will do all things reasonably requested of it by the Hire Company, in a timely manner.
4.3 The Hire Company will comply with all reasonable guidelines, requirements and instructions provided by the Client concerning the provision of the Hire Items. However, it is the Hire Company’s obligation to determine how the Hire Items are provided.
4.4 The Hire Company will comply with all applicable laws concerning the provision of the Hire Items.
5. Payment of Invoices and Expenses
5.1 Subject to sub-clause 5.4, the Client agrees to pay the Booking Fee within seven (7) days of the date of the invoice.
5.2 Once the Booking Fee is paid the Booking and Hire Items are secured.
5.3 The Fee minus the Booking fee is due fourteen (14) days prior to the Event.
5.4 If the Booking is made within fourteen (14) days of the Event the Fee is required to secure the Booking and must be paid within forty-eight (48) hours from the time the invoice is provided, or before pick up or delivery of the Hire Items, whichever is the earlier.
5.5 If any invoice, or expense, is not paid in accordance with this Agreement, The Hire Company is entitled to:
- (i) charge interest at the rate of 10% pa, on the amount outstanding until paid; and
- (ii) cancel the Booking and retain the Booking Fee; and
- (iii) send your invoice to a debt collection agency.
which rights are in addition to any other right of The Hire Company’.
5.6 Any payments under this clause are to be made by direct deposit only.
6. Hire and Delivery
6.1 The Hire Company will provide details of Delivery times prior to the Event. These times are indicative only and may be subject to change. The Hire Company will not be liable for late Delivery under circumstances which are outside the Hire Company’s control.
6.2 The Fee does not include any Delivery fees.
6.3 Any amount quoted in the Booking relates to the Hire Term stipulated in the Booking.
6.4 If the Booking stipulates that Hire Items are to be collected from or returned to the
Hire Company’s warehouse, the Client must ensure the Hire Items are collected on a Friday between 10am and 4pm and returned on a Monday between 10am and 4pm. The Client must advise the Hire Company in advance what time they will be attending so the Hire Company can meet them on site.
6.5 The Booking will include details of when the Hire Items are to be returned by the Client or collected by the Hire Company. If the Hire Items cannot be collected or are not returned on the date specified in the Booking, an additional fee of 50% of the daily rate will be charged to the Client.
6.6 Standard Delivery hours and pick up hours are between 7am and 7pm. Any required delivery or pickup outside of these standard hours will incur an additional surcharge.
6.7 Public holiday surcharges for Delivery and pick up on public holidays will be charged by the Hire Company.
6.8 Delivery and pickup will be made to street level, ground floor and level floors only. If Delivery is to higher than ground level and includes stairs or hard access levels the Hire Company must be notified before the Booking Fee is paid as extra surcharges apply. If no notice is provided the Hire Company can charge the Client the additional fees incurred by them.
6.9 Any changes to requests for Hire Items can be made at any time and the Hire Company will use their best endeavours to provide the requested Hire Items, subject to availability. Any changes which would result in a reduction of the Fee must be made to the Hire Company in writing at least fourteen (14) days prior to the Event. Any requests later than fourteen (14) days prior to the event will be charged in accordance with the Booking, that is, no reduction will be made to the Fee.
7. Hire Conditions
7.1 All Hire Items must be wiped down with a damp cloth by the Client prior to pick up by the Hire Company. The Hire Company will not accept returned Hire Items that are dirty or have not been cleaned by the Client. If this occurs the Client will be liable for the additional cost of cleaning the Hire Item and the Hire Company will provide an invoice to the Client for this amount.
7.2 All Hire Items will be delivered to and collected from the the same address that the Delivery occurred, subject to clause 6.4. The Client is not permitted to remove or transport any of the Hire Items to any other location which is not the Delivery or Event location provided in the Booking.
7.3 The Hire Company will not be liable in any way if the Hire Items cannot fit within the venue due to accessibility issues and the Client will not be entitled to a refund in any way.
7.4 All packaging materials including boxes and wrapping materials must be returned with the Hire Items. Failure to comply with this clause will result in replacement charges.
8. Damage to Hire Items
8.1 The Client is not permitted to alter, change or manipulate the Hire Items in any way which may cause damage whether superficial or not.
8.2 Once the Hire Items have been delivered or received as stipulated in the Booking the Client will be responsible for the Hire Items and is liable for any damage, loss or destruction to any Hire Items caused by the Client any associated person or any persons attending the Event or in connection with the Booking (unless caused by the negligence of the Hire Company, its employees or agents).
8.3 The Client must report to the Hire Company any damage to the Hire Items of the type referred to in clause 8.2 immediately upon becoming aware of the damage.
8.4 The Client must pay to the Hire Company the cost of repairing and making good any damage of the type referred to in clause 8.2 including the cost of labour and materials and replacement of Hire Items and must if required by the Hire Company itself repair and make good any such damage.
8.5 the Client must pay to the Hire Company the amount of any revenue which the Hire Company calculates to have been lost by reason of any damage of the type referred to in clause 8.2 or the repairing and making good of any such damage.
9. Specific Hire Item Conditions
9.1 If the Client installs, attaches or applies other decorating items to the Hire Items, including but not limited to balloons, flowers, signs, decals or any other form of decoration, the Client must uninstall and remove the decorating items from the Hire Items prior to the Hire Company arriving to pick up the items or prior to the Client dropping the Hire Items back to the Hire Company.
9.2 Plinths must not be turned upside down and must always remain upright.
9.3 The Client should follow the balloon care guidelines to prolong the life of their
balloons and the Hire Company will not be liable for the deflation or damage to any balloons following Delivery or pick up by the Client.
10. Nature of Relationship
10.1 The Hire Company is at liberty to subcontract any part of the Booking and/or the Delivery to a third party at their absolute discretion. The Client agrees not to make any claim against the Hire Company in relation to any of the Hire Items being performed by a third party.
11. Termination or Rescheduling
11.1 The Hire Company may terminate the Agreement at any time prior to the Event provided they provide no less than seven (7) days’ written notice to the Client.
11.2 If either party needs to reschedule the Event due to a Force Majeure the Hire Company agrees to credit the Client and reschedule the Event at a date and time that is suitable to both parties. The Client will not be entitled to a refund under this clause.
11.3 Should a Client need to reschedule the Event due to the Client or a close relation of the Client being diagnosed with Covid-19, the following will apply:-
a) Within fourteen (14) days of the Event, a rescheduling fee of $50 will be payable to the Hire Company, payable on cancellation.
b) Should a Client need to reschedule, the new date that the Event has been rescheduled to must be within 6 months of the original date of the Event. If this does not occur the Fee is payable to the Hire company and no refund is required to be issued to the Client.
c) If a credit is issued to a Client due to a reschedule, the credit is to be used in one transaction ie for one Event. The Client is not permitted to use the credit over several orders or events.
11.4 Should the Hire Company terminate the Agreement with less than seven (7) days’
notice the Client will be entitled to a full refund of the Fee.
11.5 Any cancellation or date changes must be received by the Hire Company in writing.
11.6 The Hire Company is at liberty to deny any request for any change to the Event or to the Booking.
11.7 If the Client cancels the Booking thirty-one (31) days or more prior to the Event, the Hire Company will provide a full refund of the Fee excluding the Booking Fee.
11.8 If the Client cancels the Booking fourteen (14) days or more prior to the Event, the Hire Company will provide a 50% refund of the Fee excluding the Booking Fee.
11.9 If the Client cancels the Booking within fourteen (14) days from the Event, the Hire Company will not provide any refund.
12. Indemnity, Liability and Disclaimer
12.1 Subject to clause 12.3, the Client agrees to indemnify, to keep indemnified, and save harmless the Hire Company, its employees and agents, from and against all claims, demands, actions, damages, costs, losses and expenses of any nature whatsoever (Claims) which may be incurred directly or indirectly by reason of or in relation to the Hire Items or the Booking, including without limitation, Claims arising out of or in connection with any breach by the Client of this Agreement.
12.2 The Client’s obligations in clause 12.1 do not apply to the extent that any Claim arises out of any act or omission of the Hire Company or any of their respective employees, agents or contractors.
12.3 The Hire Company must not be liable to the Client for any loss of life, personal injury or damage to or loss of property which may be suffered or sustained at the Event or in connection with the Booking or Hire Items for any cause whatsoever, save where any such death, injury or damage results from a negligent act or omission of the Hire Company, its agents or employees.
12.4 The Client agrees host the Event and enter into the Booking at its own risk and releases the Hire Company from all claims and demands of any kind and from any liability which may arise in respect of any accident, damage or injury occurring to any person or property in or about the Event or in connection with the Booking, unless caused by an act or omission of the Hire Company (except where acting on instructions of the Client).
13. Force Majeure
13.1 The obligations of a party, other than the obligation to pay money, must be suspended during the time and to the extent that the party is prevented from or delayed in complying with that obligation by Force Majeure.
13.2 A party affected by Force Majeure must:
(a) as soon as possible after being affected give to the other party full particulars of the Force Majeure and the manner in which the Booking is prevented or delayed; and
(b) promptly and diligently take appropriate action to enable it to perform the obligations prevented or delayed by Force Majeure except that the party is not obliged to settle a strike, lockout or other labour difficulty.
13.3 The parties must use reasonable endeavours to remove or mitigate any Force Majeure at the earliest possible time.
14. GST
14.1 For the purpose of this clause, unless the context otherwise requires:
(a) Act means the A New Tax System (Goods and Services Tax) Act 1999 as amended.
(b) GST has the meaning given in Section 195-1 of the Act.
14.2 Where any other term is used in this clause which is defined in the Act, it must have the same meaning which it bears in the Act.
14.3 The following principles apply when determining the amount payable (Payment) for any taxable supply made pursuant to this Agreement:
(a) If the Payment is determined by reference to any cost, expense or liability incurred by a person, the reference to cost, expense or liability means the actual amount incurred less the amount of any GST input tax credit or similar rebate which is or can be claimed by the person in respect of that cost, expense or liability;
(b) If the Payment arises from a revenue sharing arrangement or an obligation to pay a specified percentage of any revenue, sales, fee or any other amount, the Payment is to be calculated by reference to the relevant amount gross of GST, with the recipient of the Payment responsible for paying GST; and
(c) If a person is liable to GST in relation to making the taxable supply, the Payment for the taxable supply as calculated under this clause, must be increased by the applicable GST.
14.4 A party’s right to any payment from the other party under this Agreement is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.
14.5 Any Booking Fee, Fee or amount payable under this Agreement will include GST in the invoice provided.
15. General Provisions
15.1 Any variation or replacement of this Agreement must be in writing and signed by the parties.
15.2 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, it may be deleted or modified to the extent that is necessary and this Agreement will otherwise remain in force.
15.3 This Agreement contains the entire understanding between the parties concerning its subject matter and supersedes all prior communications, representations, agreements and understandings between the parties.
15.4 A single or partial exercise or waiver of a right under this Agreement does not prevent any other exercise of that right, or the exercise of any other right.
15.5 A party cannot assign or otherwise transfer the benefit of this Agreement without the prior written consent of the other parties.
15.6 Neither party will be liable for failing to perform any obligation under this Agreement if the failure is triggered by something beyond its reasonable control. This clause does not excuse payment of monies due.
15.7 This Agreement is governed by the laws of New South Wales.
I acknowledge that I have read and understood the above terms and conditions of this Agreement and confirm that the Client agrees to be bound by and accept those terms and conditions. I warrant that I am duly authorised by the Client and have the authority to sign this contract for and on behalf of the Client.