Terms & 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.
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 time acceptance of any order placed is subject to written confirmation. Acceptance of the quotation is subject to written confirmation and payment of deposit. On commencement of hire without the Customer's written confirmation to such action it shall be deemed that the Customer agrees to and accepts these Terms and Conditions of Hire.
The amount quoted is for one use of the Equipment only - for the negotiated hiring term. 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.
The Customer must pay a non-refundable 30% deposit within seven (7) days of order 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 Customer who has made the booking is liable for all payment. Payment will be required before the event via EFT or credit card. Visa and Mastercard payments incur a 1.5% surcharge. Amex and PayPal payments incur a 2% surcharge.
3. 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.
4. REMOVAL OF ITEMS FROM CONFIRMED QUOTE
Once a deposit is made the quote remains flexible until 14 days prior to the hire date. If the hire date is more than 14 days away, products can be removed entirely from the quote without penalty unless a product is custom ordered or custom designed. Once the hire date is less than 14 days away, if a product is removed from the quote the client is subject to pay 100% of the hire value.
5. FINAL NUMBERS
In order to provide you with the best service & availability of Equipment, final guest numbers are due ten (10) 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.
6. 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.
7. 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.
8. 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.
9. 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, 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.
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. 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.
Delivery of all furniture is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the furniture 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 hirer is responsible for advising via email if the delivery has any of these conditions. Failure to do so will result in extra charges.
11. DRY HIRE
Pickup is available from our warehouse in Marrickville, NSW 2204 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 help to load. Please note 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.
12. 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 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.
13. 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.
15. 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.
16. 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.
17. FORCE MAJEURE
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, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither the Company nor the Customer will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. The Company may give written notice to the Customer, giving full particulars of such Force Majeure.
The Company shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Customer as a result of any delays caused by such Force Majeure events.
18. DAMAGE WAIVER
A compulsory Damage Waiver fee of 2% (and 6% on all tableware items, including; linen, crockery, cutlery and glassware) is applied at the time of booking. The Damage Waiver covers reasonable wear and tear of the Equipment. The Damage Waiver does not cover damage resulting from misuse or abuse of the Equipment, negligent acts or omissions of the Customer, failing to maintain the Equipment or during transport loading/unloading. It is the Customer’s responsibility to maintain the condition and safekeeping of the hire Equipment and may be liable for any Equipment which is lost, stolen or damaged during the rental period.
The Company adheres to the law of the relevant Work Health and Safety Acts of ACT and NSW. The Customer is to ensure adequate safety measures are adopted when necessary. The Customer will make any inspections to ensure that there are no breaches of safety requirements at the site whether imposed by authority or otherwise; and that all works are performed according to relevant safety codes, standards and manufacturer's specifications; and that there are no alterations or modifications to any Equipment made by any person other than an employee of the Company.
20. PAYMENT TERMS
The Customer must pay 30% deposit within seven (7) days of order 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. Visa and Mastercard payments incur a 1.5% surcharge. Amex and PayPal payments incur a 2% surcharge. Only Visa, Mastercard or Amex credit cards are accepted.
21. GOODS & SERVICES TAX (GST)
Where applicable the Customer will be charged in accordance with current Federal and State legislation.
22. 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 Simply Seated 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 Hirer 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 Simply Seated.
k) All missing Equipment or those damaged beyond repair will be paid for at current retail value.
"Company" means Simply Seated
"Customer" means the person or persons company to whom the Tax Invoice is addressed and shall include their legal representative, administrators, and successors and or permitted assignees.
"Equipment" means the items hired by the Customer from the Company from time to time.