Terms and Conditions
These terms for the Hire Goods and Equipment (the ‘Agreement to Hire”) is an agreement by you the Hirer to hire from the Owner the Goods and Equipment agreed for the Hire Fee for those Goods and Equipment, be that agreement made by SMS, email, facsimile or any other method of communication.
If an agreement to hire is made it will, with the Owner’s Standard Terms and Conditions, constitute the contract between the Owner and you the Hirer for the hire of the Goods and Equipment ordered.
(a) The “Owner” is Bridal Redefined Pty Ltd Trading as Pink and Ivory ABN 51630195390 Including its employees.
(b) The “Hirer” refers to the person, firm or corporation hiring equipment from the Owner
(c) “Equipment” means all the equipment and accessories supplied to the Hirer
(d) “Terms” means these Terms and Conditions of Hire
2. CONDITIONS OF HIRE
(a) The hiring of the equipment will commence from the commencement date specified on your invoice and continue for the term specified. The hirer is entitled to use the equipment for the hire period. Any extension of the period and changes must be agreed to by the Owner.
(b) The hirer shall not remove the Hire equipment or any part thereof from the situation and position of its installation without consent from the owner.
(c) The hirer acknowledges that he/she has received adequate instruction on the correct use of the equipment, which includes demonstration or verbal or written instructions.
(d) The hirer agrees not to use the equipment at locations or purposes different to the equipment’s general designated purpose and specified suitability (such as indoor versus outdoor use).
(e) The hirer acknowledges responsibility for the equipment and is liable for any damage.
(f) The owner reserves the right to take photos at event locations utilising the Owner’s equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognizable private property and persons. Photos may be used in publications or other media material produced, used, or contracted by the Owner.
(g) All items will be purposely packed by the Owner for collection by the Hirer. The Hirer is to ensure that they are returned carefully repackaged back to the Owner with due care. They are to be purposely repacked and returned in their original crates, boxes or packaging.
(a) The hirer agrees to pay Pink and Ivory ABN 51630195390 the hire fee and the damage waiver fee specified for the equipment for the hire period including any applicable GST, stamp duties, penalties, levies or freight and other charges relevant to this agreement.
(b) The required fees must be paid to Pink and Ivory ABN 51630195390 10 days prior to the commencement date of the hire period.
(c) Equipment not returned on time and in accordance with this agreement will be subject to a continuance of the agreed rental until return is complete.
(d) Payment for hire of goods must be made by; (i) 30% of the agreed hire price upon confirmation of order; and (ii) the balance of the agreed hire price made 10 days prior to delivery of the goods. Payment must be made by Visa Card, Mastercard, bank transfer or cash.
(e) The Owner requires security details at the time of order placement. An order will not be confirmed until and unless security detail is endorsed and supplied to the Owner.
(f) All orders placed less than 7 days from delivery require full payment to confirm the booking.
(g) All prices on the Pink and Ivory ABN 51630195390 website are in Australian Dollars (AUD).
(h) All custom built or special purchase equipment requires full payment at point of booking in order to commence manufacture or buying process.
The Hirer may cancel an order but may forfeit any hire fees paid as follows:
(a) If booking is cancelled more than 7 days before the event date, Pink and Ivory ABN 51630195390 will make a full refund of any hire fees paid minus the 30% deposit paid;
(b) Bookings cancelled or item quantities reduced within 7 days of the event date will forfeit 100% of the total hire fee.
5. DELIVERY & COLLECTION
(a) The goods shall be returned in a reasonably clean, but not necessarily sterile state or a cleaning fee may apply.
(b) The Hirer must allow any Pink and Ivory ABN 51630195390 representative access to the goods at all reasonable times.
(c) The Hirer must provide safe and proper access to and at the event site.
(d) The Hirer is liable for all injury, loss or damage suffered by Pink and Ivory ABN 51630195390, its employees or agents while at the event site.
(e) Prices quoted are for delivery on street level. Extra charges shall be payable for delivery to and removal from higher or lower levels.
(f) Upon installation, delivery or collection of the Equipment, immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment, the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the Owner in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees and cartage;
(a) The Hirer is responsible for the equipment from the time of delivery until collection by the Owner and shall pay for all equipment damage or loss however caused during that period. Damage waiver is payable by the Hirer to cover all costs associated with normal wear and tear to the equipment hired, the waiver does not apply to any other damage including:
(i) damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of equipment;
(ii) Damage due to mysterious disappearance of the equipment;
(iii) Damage caused by the use or operation of equipment in contravention of any of the conditions of the agreement;
(iv) Damage to, or loss of, the equipment from any unknown cause.
(v) Cigarette burns on any furniture or décor items.
(vi) Red wine spillages on any furniture or décor items.
(b) The Hirer shall protect the equipment from the elements during the time of delivery, use, storage or waiting period before pick-up.
(c) The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Owner and its equipment against all claims, loss or damage of whatever nature or type.
(d) The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the equipment hereby hired and the Hirer indemnifies the Owner in respect to any claims for such loss or damage.
(e) Any person signing the documents for and on behalf of the Hirer hereby covenants with the Owner that he or she has the authority of the Hirer to make this agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to this agreement and hereby indemnifies the Owner against all losses and cost incurred by the Owner arising out of the person signing this agreement failing to have such power and/or authority.
(f) Where the Hirer is more than one person liability shall be joint and several.
(g) If the damage and/or loss is more than 10% of the total hire cost (excluding delivery, setup and GST) due to the negligence or willful act or omission of the Hirer or the breach of any of these Terms by the Hirer, the Hirer shall without limitation be liable for; (1) any costs incurred by the Owner in repairing or replacing the Equipment; (2) any other costs whatsoever incurred or loss suffered by the Owner as a result of the damage to or loss of the Equipment.
7. 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 Pink and Ivory ABN 51630195390 nor the Hirer 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. Pink and Ivory ABN 51630195390 may give written notice to the Hirer, giving full particulars of such Force Majeure.
Pink and Ivory ABN 51630195390 shall not be liable for any indirect or consequential losses or expenses suffered by the Hirer, 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 Hirer as a result of any delays caused by such Force Majeure events.
The hirer agrees to ensure that any site specified on the hire agreement, will be clear of all obstructions to allow Pink and Ivory ABN 51630195390 to erect, install or place the hire equipment safely. These terms and conditions are governed by the Laws of Victoria and the Hirer and the Owner submit to the jurisdiction of the courts of the State.
While we take care to ensure that all prices quoted on our site are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product you will receive a full refund. We are under no obligation to sell the product to you at the incorrect (lower) price (even after we have sent you an order confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognised by you as such.
9. AVAILABILITY OF PRODUCT
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid and/or inform you when the product is in stock.
We reserve the right to withdraw any products from our site at any time and/or remove or edit any materials or content on our site. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from our site, whether it has been sold or not, removing or editing any materials or contents on our site or for refusing to process or accept an order after we have sent you the order confirmation.