Hunter Wedding Hires (HWH) Terms & Conditions
Unless otherwise stated in writing the Company's quotation will be valid for a period of up to thirty 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 payment of the deposit. 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.
A non-refundable deposit of 30% or $50 (whichever is higher) is required to secure a quote.
3. Security Deposit
i. A security deposit shall be required on hires that are picked up from HWH.
ii. An additional security deposit of $100 shall be required for carpet hire
iii. A security deposit is not required if HWH is setting up or dropping off but due care must be taken with hire items whilst in use.
4. Special conditions
i. Carpet will not be used if raining or in wet conditions
ii. HWH reserves the right (except for chairs) to not place an item(s) in wet conditions and no refunds will be issued.
iii. No refunds if inclement weather affects an event, though a change of venue is permissible unless timing disrupts another HWH event being held immediately after. A backup plan is recommended.
iv. HWH cannot guarantee the colouring of floral products, time of year can impact what is available
5. Cancellation and Variation of Orders
i. The cancellation fee is 20% or $50 (whichever is higher) of the original contract price. If paid in full and within 14 days no refund shall be given.
ii. Variation of an order may be made before full payment is made except under the following circumstances, in which full payment of these items will stand
special order of hire items e.g. particular colours or quantities of sashes or runners not in possession of HWH
custom made signs
special orders of vases or other décor items
flowers or petals
iii. Payment must be made in full 14 days prior to the hire
iv. No variation of an order will result in a reduction of the contract price within 14 days or after full payment is made. Where the Customer seeks to vary an order within 14 days any additional items are welcome but must be paid for immediately.
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 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.
8. Dispatch Dockets
HWH shall provide a copy of the delivery docket to the customer on pickup or drop off of hire items. A copy signed by the customer or customer representative shall remain in the Company's possession. Dispatch Dockets shall be conclusive evidence of the quantity and identity of the Equipment dispatched and as to the date of delivery. The Customer shall be responsible at their own cost for providing a representative to check the quantity and identity of Equipment delivered and to sign the Company Dispatch Docket. The Customer acknowledges and agrees that the Company shall be able to deliver the Equipment whether or not a representative of the Customer is present at the time of delivery.
9. 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.
10. 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 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 hirer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. 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.
12. Access to Site
The Customer shall ensure that suitable access to and from the site is adequate to suit the mode of delivery or pick up.
13. Losses 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;
14. 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 adheres to the law of the relevant Occupational Health and Safety Acts of A.C.T. & N.S.W. 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.
17. Electrical Damage
Any damage to the Equipment caused by fusion or malfunction of electrical equipment is the Customer's liability and the Customer must take adequate precautions. The Customer will be charged for any repairs required to the damaged equipment.
18. Payment Terms
All payments are strictly due as specified on the Company Quotation. Should payment in full not be paid HWH reserves the right to keep any monies paid and not fulfil the agreement agreed upon by the customer.
19. 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" means Hunter Wedding Hire or HWH
A.B.N. 275 701 185 228
"The 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.