Terms & Conditions
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Black Label Events PTY LTD
TERMS AND CONDITIONS OF HIRE
1. Definition
In these terms and conditions of hire, “THE COMPANY” means Black Label Events, ABN 38 627 122 570 their sub-contractors, agents and authorised employees. ‘THE HIRER’ means the person, company or agent of The Hirer on the tax invoice hiring the equipment from The Company. The person who signs for the equipment warrants that they have the authority of the Hirer to sign for on their behalf. ‘THE EQUIPMENT’ means the goods hired as they appear on the tax invoice, for the function, event or purpose, for which the goods are to be used. ‘THE AGREEMENT’ means the Hire Agreement or Hire Contract / Tax Invoice between The Owner and The Hirer of The Equipment.
2. Agreement
The Company will issue The Agreement for the hire goods, which The Hirer or agent of the Hirer, will sign prior to or upon receipt of The Equipment and pay the total invoice amount if prepayment has not been made. If signed by an agent of The Hirer, this warrants that they have the authority for and on behalf of The Hirer. By making payment for The Equipment, The Hirer agrees to have read, understood and be bound by these Terms and Conditions.
3. General
All equipment hire is subject to the ‘Terms and Conditions of Hire’ as printed hereon and on the contract. They will bind The Hirer.
4. Ownership
The equipment supplied for hire patently remains the property of the Company.
5. Inspection
Our Company Policy ensures all hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from our premises. It is the Hirers responsibility to check all of the ordered hire equipment upon delivery or collection and notify the Company of any breakages or missing items within 2 hours of receiving the goods/hire equipment. The Hirer acknowledges that it is aware of the proper use for which the goods/hire equipment are designed, has inspected the goods/hire equipment, and expressly agrees that the goods/hire equipment
are:
a) in clean condition;
b) in satisfactory working order/fit for purpose; and;
c) of the quantity and specifications as ordered.
6. Payment
Unless the Hirer has an account with us, payment is due in full 21days before booking date or if agreed upon prior to delivery or collection of the goods. The Company reserves the right to withhold deposit if payment has not been received prior to delivery. An extra delivery charge will apply should The Company have the need to redeliver as a result of non-payment on delivery. Payment methods include Electronic Funds Transfer (as per the bank details on the invoice), Cash, Cheque, Visa and MasterCard. The Hirer authorises The Company to deduct hire charges and any additional charges from the credit card. Refer to cancellation conditions below.
All EFT receipts can be emailed to info@blacklabelevents.com.au for faster processing.
7. Hiring Charges
All Hiring Charges are valid for the Hire Period stated on the Tax Invoice / Agreement; Hiring Charges are not based on the time/s the equipment is used. Equipment not returned within the date periods specified shall be charged at the Company’s Hire Rate. If The Hirer wishes to extend the hire period they must advise The Company, prior to completion to the hire period, unless agreeable arrangements have been entered into. Payment for the extended period of hire must be paid in advance up to and including the time when The Hirer advises The Company that the hire period has ended and then returns or arranges for the equipment to be picked up from the delivery site (or otherwise agreed location). The Company reserves the right to amend or revise its rate or prices without notice.
8. Postponement
If The Hirer chooses to postpone the hire of equipment, charges shall apply as stated in ‘CANCELLATION’ listed below.
9. Cancellation
If The Hirer cancels The Agreement prior to the commencement of the stated delivery date, then The Company reserves the right to keep any deposit paid. For Hirers whose booking was directly affected by imposed government sanctions please see clause 9a “COVID-19” below.
9a. COVID-19:
As of March 16th 2020 there has been a number of nation-wide government imposed sanctions restricting the number of people attending any given event on any given day from 500 to 100 to 2 pax as of March 23rd 2020 irrespective of event location. In light of these developments the events industry has been directly and severely impacted by these sanctions effective immediately. As a result we are forced to revise our terms and conditions accordingly. Please see below:
All bookings directly impacted by the COVID-19 Pandemic:
Cancellations regardless of monies paid are STRICTLY NON-REFUNDABLE. The choice afforded to the hirer in lieu of a refund is the rollover of all monies paid to a postponed date not more than 12 months from the date of contact advising of the forced rescheduling of the booking. We will accept postponements of bookings who commit to a change of date only.
Bookings that have paid in full that require a reduction in numbers can reduce the booking by our standard 10% as per clause 9 of this document. If the Hirer requires further reductions furniture hire items may be added that amount to the value forgone in the reductions made.
We understand that financial losses will occur. As a result of the COVID fallout cancellation will result in a financial loss for both the hirer and the company. The hirer forgoes monies paid and the company loses the projected income needed to keep its business operational whilst forced into shutdown. This situation affects us individually as well as collectively. Black Label Events are committed to finding solutions that limit the financial impact for all parties concerned. The hirer needs to fully understand that they are offered a choice when forced into cancelling the current date of their event. To minimise the financial loss incurred, the postponement is the option. If the hirer chooses not to postpone for reasons deemed out of their control these terms and conditions stand firm.
10. Alterations
If The Hirer reduces the quantity of Hire items within 28 days of the delivery date, The Company reserves the right to charge the original amount quoted on invoice. At anytime of the contract a maximum reduction of 10% of the total value of the order will be accepted. A maximum 10% reduction of chair numbers will be accepted. Any alterations in the selected hire products will be charged an administration fee of $15 for each time an order has to be revised.
11. Delivery, Setup and Collection
Unless otherwise stated on invoice Delivery, pick up and setup charges are extra. Any quoted charges are for the delivery suburb and for standard level access of maximum 25 metres to the delivery point from the delivery vehicle. There must be a Site contact available at all times during the delivery and collection days to sign for both the delivery and collection. The Hirer must provide Black Label Events with the name/s of this person/s and contact details. Drop off access must be arranged by the Hirers prior to driver arriving. Help may be required to lift some furniture on arrival. All hire items must be packed up as they were received and stored in an accessible, dry and secure place ready for collection. If any items are not packed away ready for pickup at designated time and causes delay to our staff which then requires our staff to pack up items will incur additional fees which will be charged at an hourly rate of $45per man hour. This will be charged to the hirer’s designated credit card. If Black Label Events is setting up equipment, the hirer is responsible for allowing sufficient time and access to the venue for setup. In this instance an additional fee could be charged if we need to put on extra staff due to time restrictions at delivery location.
12.Positioning of equipment delivered:
Although The Company will endeavor to take every care when delivering, installing, dismantling and picking up equipment, it shall not be liable for any damage or loss to the site, site access or plants and The Hirer shall indemnify The Company from and against all actions, claims, costs, demands and liabilities in connection there with. Any resulting additional costs, including reasonably incurred legal costs by The Company, shall be paid by The Hirer. All equipment is not to be removed from delivery location unless prior approval by us. If setup has been requested and venue is not ready prior to delivery we will place all items of to one side. Additional $120 fee will be charged if we have to return to site to setup.
13. Use of Equipment
The Hirer shall check as soon as (within 2hours) practical the quantity of all hired items against the Tax Invoice and should advise discrepancies. Advice after the function will not be considered as advice of any discrepancy. Damage to Hire Equipment during use or transportation by The Hirer is the responsibility of the Hirer. If at any time during the hire period The Hirer considers the equipment to be faulty, it is The Hirer’s responsibility to contact The Company in the first instance by telephone to report the problem. Failure to do so, or advice after use, will cause The Hirer to be responsible for all hire charges, and repair or replacement cost if necessary. The Company reserves the right to repair or replace the faulty equipment as soon as practical during the hire period to the reasonable satisfaction of The Hirer. On no account should The Hirer attempt to repair The Equipment without prior consent of The Company. Call out charges based on time taken will be charged to The Hirer, relative to the time of day, if the equipment is proven to be satisfactory by The Company and not faulty as claimed by The Hirer. In no event shall The Company be responsible for any expenditure, damages or consequential loss incurred by The Hirer, invitees, agents or assigns arising out of any failure of the equipment whether caused by fair wear and tear or negligence on the part of The Company or for any other reason whatsoever. The Hirer shall on completion of the hire period, ensure that the equipment is stacked as it was received and packed securely in all the boxes and containers in which the equipment was received when delivered or collected. Extra charges apply if equipment requires re-packing by delivery / pick up staff prior to transportation. Any equipment broken during transportation due to The Hirer being negligent in re-packing will be charged at full replacement value.
14. Loss, Damage and Cleaning
The Hirer accepts full responsibility to compensate the Company for the value of the goods/hire equipment, or parts thereof which may be lost, stolen, damaged or broken during the hire period. A cleaning charge will be applied to all goods returned dirty or still containing foodstuffs, debris or residue. Linen need not be washed but must be returned dry to avoid mildew. Returned Linen that displays burns, holes, rips and staple marks or mildew will be charged at full replacement cost. Linen with stains including (but not limited to) candle-wax, mould, rust, graffiti and/or heavy food/beverage stains that are unable to be restored to a clean condition via ordinary laundering procedures, and are required to have specialised cleaning (ie. Dry-cleaning), that cost will be charged to the Hirer at the appropriate rate. All tables must be wiped down and clean. Cushions found to have stains will be charged per cover cleaning fee.
If upon the return of the goods/hire equipment, the Company finds the equipment to not be dirty or not in satisfactory working condition, the hirer shall pay to the Company the cost and expenses of cleaning and restoring the goods/hire equipment to good working order. Misplaced and Damaged items, including but not limited to, Breakages of Glassware and Crockery, will be charged at replacement value, on the return date stated on the Tax Invoice, unless an agreement is made. This right shall not be prejudiced by or prejudice any other right under this agreement.
15. Insurance
Insurance is The Hirer’s responsibility during the hire period. The Hirer is responsible for the security of the equipment at all times during the hire period. Any lost, broken, damaged or destroyed equipment will be charged to The Hirer, at full replacement value.
16.Weather
Black Label Events must be informed of the wet weather option for your ceremony at least 14
days prior to the wedding day. We will do our best to accommodate reasonable requests to set up your ceremony in an alternative location. However, we do not accept responsibility for any problems that result from transferring your ceremony to your chosen wet weather alternative.
If the alternative location involves extra staff, travel time or expenses then extra fees may be
incurred. The final call on wet weather must be made by 9am on the day of the wedding or if
the wedding starts by 11am in the morning, then the final call must be made by 9pm the
previous day. One person (preferably bride or groom) must be nominated to make decision. If
for some reason we are unable to reach this contact on the day your ceremony hire will be set up where originally requested unless strong wind or heavy rain prevents us from doing so. We have the right to refuse to set up ceremony hire items without notification if severe weather
conditions is deemed detrimental to those items or dangerous to your guests and the public.
In the event that bad weather prevents us from setting up items, or if your wet weather
alternative means the items are no longer required, no monies will be refunded as the items have been held for your wedding and cannot be re-booked.
17. Liability to third parties
The hirer hereby indemnifies and holds indemnified the owner from and against all claims, actions, suits, demands and expenses in any way arising from injury, death, loss of income or damage caused to the hirer or its property, or any other third parties or property, in respect of equipment hired.
18. Non-Disparagement
All parties relating to this contact agree to refrain from disparaging the other party in any manner, and in any format, verbal, written or digital, nor otherwise take any action which could reasonably be expected to adversely affect the other party’s personal or professional reputation. The parties agree that damages to said party’s reputation caused by any such disparagement would be difficult or impossible to measure and agree to liquidated damages in the amount of $50,000 to be awarded to the party against whom such disparagement was committed by any court of law having jurisdiction over the parties and the subject matter herein.
19. Acceptance of Terms & Conditions
By paying deposit The hirer hereby unconditionally accepts the above terms and conditions and acknowledges that its acceptance is a condition precedent to taking possession of the goods/services/hire equipment from the owner.
20. The company’s decision is final in all matters pertaining to the terms and conditions of hire
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