Terms & Conditions

DISCLAIMER

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.

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.

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.

Value of booking $0 to $499 - Pre-authorisation amount of $200
Value of booking $500 to $999 - Pre-authorisation amount of $300
Value of booking $1,000 to $1,999 - Pre-authorisation amount of $400
Value of booking $2,000 to $2,999 - Pre-authorisation amount of $500
Value of booking $3,000 to $4,999 - Pre-authorisation amount of $600
Value of booking $5,000 to $9,999 - Pre-authorisation amount of $800
Value of booking over $10,000 - Pre-authorisation amount of $1,000

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 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.

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 warehouse in Annandale, NSW 2038 OR Northgate, QLD 4013 — 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.  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. A minimum handling fee starting from $40 + 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, which includes demonstration or verbal or written instructions.

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 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.

16. EQUIPMENT CARE

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 Company’s Equipment is clean and ready to use. The Customer is responsible for cleaning food scraps off crockery and cutlery and to pack into the same packaging when The Customer first took possession. If dinnerware it returned without being rinsed, an additional cleaning fee will apply. If boxes or packaging are returned damaged, a replacement fee will apply. Furniture is for indoor use only, unless previously authorised in writing by The Company.

All table linen can be returned dirty. The linen is not permitted to be returned wet due to potential for mold to grow. Any permanent stains, wax, mold, rips or burn marks will result in a replacement fee being charged and the client will be notified within seven (7) days from when the items are returned to the warehouse. The Company does not permit the use of open candles on tablecloths. All candles must have a drip tray and be contained in a closed vessel to ensure wax does not drip directly onto the tablecloths and table runners otherwise a full replacement fee will apply.

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.

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 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.

18. 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.

19. 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, 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.

20. DAMAGE WAIVER

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

This waiver does not apply to any other damage to Equipment including:
(a) Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
(b) Damage caused by the use or operation of Equipment in contravention of any of the conditions of the Agreement; and
(c) Damage to, or loss of, the Equipment from any unknown cause.
(d) Damage resulting from Improper packaging and transportation of Equipment.

21. SAFETY

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.

22. MARQUEE HIRE TERMS

The Company reserved the right to use a subcontractor to carry out its obligations under The Agreement.

(i). CONDITIONS OF SITE.
The Company's quotation for hire charges is made on the assumption that the site on which the tents or equipment are to be erected or to which goods are to be delivered is:

(a) Flat level firm ground with easy and safe access for heavy motor transport; and
(b) Has no drainpipes, cables or other services buried beneath the surface or otherwise concealed.

If the said site does not comply with these requirements The Company may, in its absolute discretion, either rescind the contract by giving oral or written notice to the Customer or make additional hire charges. The Company shall not be liable to the Customer for any loss damage or expense resulting from such rescission of the contract.

(ii). EXCLUSION OF THE COMPANY'S LIABILITY FOR DAMAGE TO SITE AND SERVICES.
Whether the said site complies with the foregoing requirements or not The Company shall not be under any liability to make good any damage to the site nor shall The Company be under any liability in respect of damage to grass/terrain, drain pipes, cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drainpipes or cables or other services shall have been supplied to The Company with reasonable notice prior to The Company entering the site.

(iii). THE POSITION OF TENTS AND EQUIPMENT
It is the Customer's responsibility to have a representative on the site for the purpose of instructing The Company as to the position of the tents and equipment. If the Customer shall fail to provide a representative on the site The Company may erect the tents and equipment where it thinks fit and it shall be deemed to have performed the Contract. Any wasted journeys due to the Customer's representatives being absent will be charged for. Deliveries left at unattended premises are left at the Customer's risk.

(iv). VARIATION OF HIRE CHARGES.
The Company reserves the right to vary the quoted hire charges in the event of any increase taking place before or during the period of hire in the cost of labour, materials or transport.

(v). ERECTION AND DISMANTLING.
The Company normally provides labour for erection and dismantling and the cost thereof is included in the hire charges. Only in exceptional circumstances and by special arrangement will The Company allow the Customer to erect and/or dismantle The Company's property.
The Company takes care and exercises due diligence when erecting and dismantling a marquee, therefore the time on site may vary due to the access, site, ground conditions and weather in which the staff are operating. The Company shall not be responsible for the time taken and possible expenses incurred caused by a delay in erecting or dismantling a structure.

(vi). PERMITS
The Customer is responsible for giving notice to or obtaining all necessary permits from any authorities who are or may be concerned and must make application where to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization. Any cost as incurred in delays or modifications in the work arising from the absence of or misrepresentation of all such necessary permissions and permits shall be payable to The Company by the Customer.

(vii) WEATHER
The Customer must notify The Company of adverse weather conditions which may affect the integrity of the structure.  For winds exceeding 60km/h The Company must reassess the site to ensure its safety and suitability for the event.

(viii). ELECTRICAL SUPPLY
The Customer is responsible for ensuring that the venue has sufficient power supply, plug points, connectors etc for any lighting hired as well as any other requirements they may have.

23. GOODS & SERVICES TAX (GST)

Where applicable the Customer will be charged in accordance with current Federal and State legislation.

24. 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.

25. MISCELLANEOUS

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.

 26. AGREEMENT

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 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 Simply Seated.
k)    All missing Equipment or those damaged beyond repair will be paid for at current retail value.

27. INTERPRETATION

"Company" means Simply Seated Pty Ltd
"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.