Disclaimer

1. QUOTATION

Unless otherwise stated in writing the Company's quotation will be valid for a period of up to thirty (30) days from date of issue, after which the Customer agrees to and accepts these Terms and Conditions of Hire.

Minimum Spend Requirements

A minimum hire spend of $2,000 (ex GST) applies to all orders requiring delivery and collection by the Company.

A minimum hire spend of $500 (ex GST) applies to all dry hire (customer pickup) orders.

These minimum spend amounts apply to hire items only and exclude delivery, labour, installation, styling, and other service charges.

The amount quoted is for one use of the Equipment only for the hire period. The Customer agrees that all charges for hire loss, hire extension, damage and repair will be paid, and that all collection fees, legal fees or any expenses involved in the collection of these charges will be borne by the Customer.

2. DEPOSIT & PAYMENT TERMS

The Customer must pay a non-refundable 30% deposit immediately upon confirmation to authorise the Company to proceed with the official order. Full payment of the order is due fourteen (14) days prior to the event. Upon payment of the deposit the Customer will have been deemed to have accepted the Terms and Conditions of Hire. The 30% is non-refundable and non-transferable.

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 $150 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.

Payments may be made by EFT or credit card. Visa and Mastercard payments incur a 1.5% surcharge and AMEX 2%.

3. SECURITY BOND

The Customer’s credit card details are to be provided at the time of booking as a security bond for all Equipment. The Customer agrees to pay the Company’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the Company.

The Company has the right to request and pre-authorise a valid credit card number in the event of loss and/or damages to the hire Equipment and/or Labour required to carry out the delivery or pick up. The Company reserves the right to pre-authorise the card provided and release the funds after the event or charge the card in the event of loss, damages and additional costs associated with the booking. This amount will be released in full within 14 days following the event, providing the items are returned in their original condition, and no additional charges apply.

If the additional charges exceed the pre-authorised amount, the Company reserves the right to charge the balance owing on the credit card provided. The Company must notify the Customer in writing, however, in the event the Customer is non-compliant or non-responsive the additional charges can be made, as per acceptance of the Company’s terms and conditions at the time of booking.

The Company has the right to cancel a booking if a security bond is not received within 24hr from the delivery/pick up date.

4. CANCELLATION OF ORDERS

Cancellations that are made more than fourteen (14) days from delivery will receive a refund of any funds remitted, excluding the booking deposit. Cancelled bookings within fourteen (14) days from the event date incur a 100% cancellation fee (excluding delivery and labour costs) due to loss of opportunity. If the booking is postponed on more than one occasion, a full cancellation fee will apply.

5. REMOVAL OF ITEMS FROM CONFIRMED QUOTE / INVOICE

Once a deposit is made the booking can be adjusted up to +/- 10% up until 14 days prior to the event, excluding custom builds and/or subcontracted equipment which are charged at 100%. An administration fee of up to 20% of the value of the items removed may be charged, with a minimum of $150 administration fee.

6. FINAL NUMBERS

In order to provide you with the best service & availability of Equipment, final guest numbers are due fourteen (14) working days (excluding public holidays) prior to the Customer’s event. These are the minimum guest and Equipment numbers on which we will base all charges on; numbers may increase after this point by mutual agreement. An administration fee may apply.

7. USE OF EQUIPMENT

All Equipment supplied on hire is the property of the Company and remains so until it is returned to the Company. The Customer will be responsible for the Equipment 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 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.

8. ADDITIONAL EQUIPMENT

If after commencement of hire from the Company any specification changes are requested, the cost of such changes will be borne by the Customer.

9. HIRE PERIOD

The hire is for one to three (1-3) days 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.

10. EXTENDED HIRE

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. No refunds will be issued for the early return of Equipment on extended hire.

11. DELIVERY, COLLECTION AND LABOUR FEES

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. Additional fees may apply in the event of a delayed or cancelled delivery due to unforeseen circumstances of natural causes. 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 that address on the last day of the hire period. Where the Customer has taken 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 hire or has not been returned to the premises of the Company by close of business on the last day of hire, then the Company must be notified immediately.

The delivery and collection fee are quoted at the time of booking, taking into account the number of items, labour and on road costs at the agreed time slot. If the number of items change, or the nature of the delivery changes, the Company has the right to review the delivery and labour fee. Additional fees apply for after-hours deliveries and pickups which are from 6pm - 8am, Saturdays, Sundays and on Public Holidays. The cost of Labour in the initial quote is deemed variable and may be subject to change. This includes but is not limited to; additional time and resources on site due to difficulty, safety and/or access or any other reasons beyond the Company’s control, or not advised by the Customer at the time of quoting or booking.

Delivery of all Equipment is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the Equipment is more than 10 metres away from where our vehicle can park. Extra charges also apply for stairs, steep descents and going up levels in buildings. The Customer is responsible for advising via email if the delivery has any of these conditions. Failure to do so will result in extra charges.

Upon delivery, collection or return of the Equipment by the Company, The Customer must check the Equipment and quantities delivered (or returned). If there are any discrepancies between the Equipment delivered and the quoted order or return docket, the Customer must note them at the time of delivery, collection or return by amending the relevant documents in the presence of a Company representative.

The Customer is required to ensure all Equipment is packed as it was supplied and is safe for transit, in the original boxes, crates, bags, road cases and are placed in one central area, ready for collection. In the event the Equipment is not ready for collection, and additional time is required on site, additional fees will apply.

The Customer must ensure the Company has full access to its premises and the premises remains a safe working environment when the Company delivers Equipment to or collects Equipment from the Customer’s address. If the premises are subject to access restrictions the Customer will be liable for reasonable associated costs incurred by the Company for:(a) inductions on site or time taken to complete induction and/or health and safety checks; and (b) site access issues including but not limited to:(i) The Company being unable to use working lifts; (ii) delay on site that exceeds 1 hour, or the Company being unable to complete the installation / collection and having to re-enter the premises on another day to complete the installation and collection (such date to be advised by the Company), or any other reasons that are beyond the Company’s control (iii) parking fines due to not being able to park vehicles at a loading bay. If the Company arrives at the premises but was unable to complete the installation or collection due to reasons beyond the Company’s control, the Customer shall pay the Company reasonable costs to re-enter the premises on another day for installation. A reasonable re-delivery/re-collection fee may be charged if the Customer fails to comply with any of the provisions under this clause.

12. DRY HIRE

Pickup is available from our warehouses in NSW, QLD, VIC — Monday-Friday between 10am-4pm based on the agreed date at the time of booking. It is the responsibility of the Customer to organise appropriate labour to load; in the event Company resources are required to load, additional fees will apply. All Equipment must be transported in a closed vehicle (i.e., truck or van) with all necessary blankets, straps and ties. Utes and/or trailers will not be accepted. A minimum handling fee starting from $300 + GST is applicable for all dry hire orders and is evaluated based on the number and nature of the items.

All Equipment hired must be returned to the Company on the return date as stated on the invoice. In the event that the Equipment is not returned to the Company by the close of business on the last day of hire, the Company must be notified immediately and reserves the right to charge an additional hire fee.

13. 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 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 Furniture and that the foundations upon which the Equipment is to be erected are sufficiently firm and otherwise suitable to safely carry the Equipment and the load to be put on it without subsidence. In the event that the Company incurs or suffers any loss, costs or damages as a consequence of the Customer's 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.

14. 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.

15. SECURITY

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 lighting, waterproofing, safe power supply, public protection, covering of power lines and such facilities are provided as required for safety.

16. EQUIPMENT CARE

The Customer is responsible for handling Equipment carefully and for informing other parties of these Terms and Conditions of Hire. Equipment is supplied clean and ready to use. The Customer is responsible for cleaning food scraps off crockery and cutlery and repacking into the original packaging. If dinnerware is returned without being rinsed, an additional cleaning fee will apply. Damaged boxes or packaging incur a replacement fee. Furniture is for indoor use only unless previously authorised in writing by the Company. Table linen may be returned dirty, but not wet. Permanent stains, wax, mold, rips, or burn marks will result in a replacement fee and the client will be notified within seven (7) days of return. Open candles on tablecloths are not permitted. Candles must have a drip tray or be in a closed vessel, otherwise full replacement fees apply. The Customer is responsible for notifying the Company of any loss or damages. The Company reserves the right to pre-authorise a credit card and charge for cleaning, repairs, or replacement as deemed necessary.

17. 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:

i. The current replacement cost if Equipment is lost.
ii. The full cost of repairs if Equipment is damaged.
iii. If no notice of a lost item is given, it shall be deemed extended hire until the item is returned, and hire fees will continue.

Payment for replacement or irreparably damaged Equipment must be made within seven (7) days. If not, the Company may charge the account provided.

18. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS

The Company is not liable for contingent, consequential, indirect, special, or punitive damages of any kind. All warranties are excluded to the full extent permitted by law. Liability that cannot be excluded by law is limited to the resupply or repair of the Equipment.

The Company shall not be liable for damage caused to walls, floors, doors, windows, stairs, furniture, fixtures, fittings, artworks, or landscaping. Consequential costs or damages arising from failure, delay, bad weather, or Equipment malfunction are the responsibility of the Customer.

19. FORCE MAJEURE

“Force Majeure” means events beyond reasonable control, including acts of God, war, fire, civil disobedience, legislation not in force at the date of the Agreement, or labour disputes. The Company is not liable for consequences of such events affecting its obligations.

20. DAMAGE WAIVER

A compulsory Damage Waiver fee of 4.5% (8% on tableware items including linen, crockery, cutlery, glassware, barware, and catering equipment) is applied at booking. This covers reasonable wear and tear of the Equipment.

The waiver does not cover:
a) Damage from overloading, exceeding capacity, misuse, or improper servicing.
b) Damage caused by use contrary to these Terms.
c) Loss of Equipment from unknown causes.
d) Damage resulting from improper packaging or transportation.

21. SAFETY

The Company adheres to the relevant Work Health and Safety Acts. The Customer must ensure safety measures are adopted, inspections are made to prevent breaches, and that work complies with safety codes and manufacturer specifications. No alterations may be made by anyone other than the Company’s employees.

22. GOODS & SERVICES TAX (GST)

Where applicable, GST will be charged in accordance with Federal and State legislation.

23. GOVERNING LAWS AND VENUE

This Agreement is governed by the laws of NSW. Parties submit to the jurisdiction of NSW courts for any disputes arising from these Terms.

24. MISCELLANEOUS

The Company reserves the right to take photos at events using Company Equipment. Photos focus on Equipment and exclude recognisable private property or persons. Photos may be used in publications or social media.

25. AGREEMENT

The Customer agrees and accepts full responsibility to:

a) Maintain Equipment during hire and return it in the same condition.
b) Be responsible for damage caused by weather, including rain, hail, and wind.
c) Pay all charges promptly.
d) Return Equipment promptly at the end of the hire period.
e) Allow the Company access to inspect or repossess Equipment in the event of breach.
f) Ensure accurate bump in/out times at least two weeks prior to the event.
g) Cover costs for recovering outstanding monies, including debt collection and solicitor fees.
h) Authorize agents nominated to receive Equipment on their behalf to be bound by these Terms.
i) Cover all loss or damage to any person or property in relation to Equipment and maintain public risk insurance.
j) Approve all repairs in writing before they are undertaken.
k) Pay current retail value for missing or irreparably damaged Equipment.

26. INTERPRETATION

Company: Simply Seated Pty Ltd
Customer: Person(s) or company invoiced, including legal representatives, administrators, and successors.
Equipment: Items hired from the Company.

27. DESIGN INTELLECTUAL PROPERTY (IP) PROTECTION

a) Ownership of Designs: Simply Seated and its designers retain full ownership of all intellectual property rights, including drawings, concepts, and prototypes, unless explicitly transferred in writing.
 b) License for Use: Clients receive a limited, non-exclusive license for use solely for the agreed project scope. Additional use requires prior written consent.
 c) Prohibited Use: Designs cannot be duplicated, reproduced, modified, or distributed without written permission.
 d) Third-party Sharing: Clients may not share designs with third parties without prior approval, except to execute the project.
 e) Legal Recourse: Unauthorized use will be treated as infringement and may result in legal action.
 f) Custom Agreements: Any amendments must be in a written agreement signed by Simply Seated and the client.