Sydney Flower Walls

Terms and Conditions

Definitions

  • Owner: trading as Sydney Flower Walls, its employees and agents.

  • Hiree: is the person, firm or company jointly and severally if more than one, hiring Goods from the Owner.

  • Goods: all the goods supplied by the Owner to the Hiree and includes any services provided by the Owner in delivery, unpacking, installing and collection of Goods.

  • Terms: means these Terms and Conditions of Hire.

  • Site: means the geographical location at which the hired Goods are to be used.

  • Hire Period: the period of time from the delivery of Goods until the agreed pick-up time of Goods.

The Contract

1. Unless otherwise agreed in writing by the Owner and the Hiree, these Terms and Conditions shall be the only Terms and Conditions on which the Owner will provide Goods or Services to the Hiree.

2. These Terms and Conditions are accepted by the Hiree upon payment of services.

3. A written quote for customisation of Goods provided by the Owner to the Hiree is valid for 30 days from issue date. Any Terms in the Owner’s quote form part of the Terms of the Contract, and if inconsistent will prevail.

4. If an order placed by the Hiree is accepted by the Owner, the Owner agrees to hire the Goods to the Hiree for the Hire Period of ruse at the Site on these Terms.

5. Goods hired shall at all times remain the property of the Owner.

6. The Hiree consents to the Owner the use of photos and videos for marketing purposes provided to and taken by Owner or others whether for profit or not.

 

Hire Charges

7. Prices listed for the hire of Goods are inclusive of GST.

8. Prices listed are for use for a 24-hour period unless otherwise agreed in writing by the Owner. All charges are according to the time out, not time used.

9. Items will not be reserved without payment, unless otherwise agreed in writing by the Owner.

10. To secure the Goods, the Hiree agrees to place a 50% deposit within 5 days or receiving invoice. Items will not be reserved without payment, unless otherwise agreed in writing by the Owner.

11. Balance for Goods and Services is due 2 weeks prior to the booking date.

12. Public holiday surcharge applies to all bookings on public holidays, unless otherwise agreed in writing by the Owner.

13. Any prices displayed on the website and price list are subject to change at any time, without notice, at the discretion of the Owner.

14. All pricing displayed on confirmed paid deposit will be honoured.

15. The Owner reserves the right to charge the Hiree $100 for parking in certain areas, dependent on the venue. Such as if there is limited use of a loading dock or there is limited parking. If no information is provided to the Owner about this, the Owner reserves the right to cancel the Hiree booking or will require the Hiree to pay the outstanding $100 fee following the end of the event.

16. The Hiree agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hiree of its obligations pursuant to these Terms (including legal and debt recovery costs).

17. The Owner will not be held responsible for any damages that occur to any property or persons during the event.

18. The Owner will not be held responsible for any circumstances that may prevent us from attending your event. These may include but are not limited to severe weather conditions, traffic delays, breakdown of our vehicles, sickness or equipment failure.

Changes, Cancellation and Refund

19. Unless otherwise agreed in writing by the Owner, the Hiree will not be granted any form of refund on Goods customized for the Hiree’s event.

20. The Hiree may cancel any order 14 days prior to the event and be refunded 100% of payments made to the Owner. For cancellations less than 14 days prior to the event, the Hiree will be refunded 50% of payments made to the Owner. For orders cancelled less than 7 days prior to an event, the balance of the invoiced fee is due in full.

21. If through circumstances beyond the control of the Owner, the Owner is unable to provide Goods, then the Owner may cancel any order (event if it has already been accepted) by notice in writing and issue full refund or alternate option.

 

Damages

22. Breakdowns or defects in the goods resulting from: proper and ordinary use; or the development of an inherent fault of a fault not ascertainable prior to start of the Hire Period; may, at the Owner’s option, either be repaired or the goods replaced at the Owner’s expense. If the repair is impracticable and if replacement goods are not available, the proportional charge for broken or defective goods will be credited to the Hiree and the Owner will not have any other liability to the Hiree.

23. No relief from hire charges nor any claims will be allowed by the Owner: for damages due to causes out of the Owner’s control including, without limitation, breakdowns, bad weather or site conditions; or the Hiree not informing the Owner of the defect or breakdown immediately it occurs.

24. The Hiree must not try to repair any of the Goods, without the prior approval of the Owner.

25. Damage incurred to rental equipment for any reason whatsoever, except damaged caused by reasonable wear and tear, require the Hiree to pay the full replacement cost of the goods damaged. The set up will be photographed when complete before use and at collection for any evidence.

Delivery, Bump In/Out and Site of Use

26. By placing their order, the Hiree must ensure they have a suitable space to accommodate the Goods ordered.

27. The Hiree may use the Goods outdoors if the weather permits during the Hire period and must have informed the Owner in writing.

28. It is the Hiree’s responsibility to have an alternative sheltered area for use on the Site, should poor weather conditions prevent outdoor use. Cancellations and changes will not be accepted by the Owner due to change in weather forecast.

29. The Hiree must not try and move the Goods by themselves, without Owners present.

30. The Owner will only accept bookings within the Sydney Metropolitan (Greater Sydney) area, unless otherwise agreed in writing.

31. For Bump In/Out Times between 6:00pm and 7:00am a $70 surcharge will apply.

 

Responsibility of Hiree

32. The Hiree bears the responsibility of the equipment for the period of delivery of the goods until the pick-up of the goods.

33. The Hiree assumes responsibility for proper care of all rental items and agrees to pay for damages or loss of the goods, regardless of cause, except reasonable wear and tear.

34. The Hiree is responsible for counting and inspecting items when delivered/picked up. Otherwise amounts delivered/picked up will be considered correct with a signed contract.

35. The Hiree is responsible for retuning items at designated return time or will be charged a late fee.

36. The Hiree must use the goods in strict conformity with the good’s instructions and specifications and must not try and move the goods by themselves.

37. The Hiree is responsible for providing safe and proper access to and at the Site. The Hiree is liable for all injury, loss or damage suffered by the Owner, its employees or agents while at the Site.

Release and Indemnity

38. The Hiree hereby releases the Owner from, and agrees to the indemnify the Owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hiree.

 

Default and Termination

39. If the Hiree breaches any terms of this Agreement, then the Owner may:

a. Require immediate payment of all money which would become payable by the Hiree to the Owner at a later date on any account, without further notice;

b. Charge the Hiree for the cost of repairing or replacing any lost, damaged or destroyed goods;

c. Charge the Hiree for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;

d. Claim damages from Hiree for breach of the Hire Contract; and/or

e. Cease or suspend, for such period as the Owner thinks fit, the supply of any further goods to the Hiree.