Terms & conditions
1. DISCLAIMER
These Terms and 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.
2. QUOTATION
Unless otherwise stated in writing the Company's Quote will be valid for a period of up to thirty (30) days from date of issue. The Quote is for the negotiated hiring term only. The Customer agrees that additional charges will be incurred for hire loss, hire extension, damage and repair and must be paid in addition to the Quote together with all collection fees, legal fees or any expenses involved in the collection of these charges.
3. DEPOSIT
The Customer must pay the Deposit within seven (7) days of order confirmation to authorise the Company to proceed with the official order. Full payment of the balance of the Quote is due fourteen (14) days prior to the Event. Upon payment of the Deposit the Customer will have been deemed to have accepted these Terms and Conditions of Hire. The Customer who makes the Booking is liable for all payments. Payment will be required before the Event via EFT to the bank details provided on the Quote.
4. CANCELLATION OF ORDERS
Cancellations that are made more than fourteen (14) days prior to the Delivery Date will receive a refund of any payment remitted, excluding the Deposit. Bookings which are cancelled within fourteen (14) days of the Delivery Date will incur a cancellation fee equivalent to 100% of the Quote (excluding delivery and labour costs). At the discretion of the Company the Deposit may be transferred to another Event within 9 months of the original Event date.
5. VARIATIONS
Upon payment of the Deposit, the Quote remains flexible until 14 days prior to the Delivery Date. If the Delivery Date is more than 14 days away, items of Equipment may be removed from the Quote without penalty unless such item has been custom ordered or custom designed. If an item is removed from the Quote within 14 days of the Delivery Date, the Customer must pay 100% of Quote. If the Customer requires any variations to the Equipment or the Booking after acceptance of the Quote, the cost of such changes will be borne by the Customer. The Company reserves the right to charge the Customer an administration fee of $150.00 (exclusive of GST) for each and every variation. This administration fee also applies to cancelled or re-scheduled events, in addition to the Deposit.
6. FINAL NUMBERS
In order to provide the best service & availability of Equipment, final guest numbers must be provided no later than fourteen (14) Business Days prior to the Event. The Quote will be based on these numbers and any increase in numbers after this point may require additional Equipment and therefore incur additional charges.
7. USE OF EQUIPMENT
All Equipment supplied on hire is the property of the Company and remains so even whilst in the possession of the Customer. The Customer will be responsible for the Equipment until it is returned to the Company, and shall maintain the Equipment in good condition. 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 any particular purpose, and it is the Customer's responsibility to determine the suitability of the Equipment for the Event.
8. HIRE PERIOD
The Quote will be based on hire of the Equipment for a period of one (1) day unless agreed upon mutually in writing by both parties. Failure to return the Equipment or inability for the Company's drivers to access the Equipment for pick up will incur an additional daily charge for the Equipment. Any additional charges incurred may be charged to a credit card or invoiced at the Company's discretion. The Customer must give notice in writing to the Company if any extension of the hire period is required. An additional daily charge will apply for each day of extended hire. No refunds will be issued for the early return of Equipment on extended hire. If the Customer fails to return the Equipment and has not given notice that it requires an extension of the hire period, the Customer gives permission to the Company and its employees to enter the premises of where the Equipment is held to collect the Equipment.
9. DELIVERY
Every endeavour will be made to complete delivery on the Delivery Date, however the Company will not be liable if the Equipment cannot be delivered on time due to either the Site being inaccessible or adverse weather conditions. Unless otherwise stated the Company will not accept cancellation of a Booking 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 the Site the Equipment must be available to be picked up at the Site 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 is included in the Quote, 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 charge additional fees. Additional fees also apply for after-hours bump in and out which occur between 6pm - 8am and on public holidays.
10. SITE APPROVAL
The Customer is responsible, at its own cost, for obtaining any permits or approvals from any authority necessary to hold the Event, including the right to erect the Equipment or to have the Equipment erected on the Site. The Customer shall solely be responsible for ensuring 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. The Customer must inform the Company of the location of any underground cables or pipes located at the Site. The Customer must ensure that the Site has adequate 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. If the Equipment is installed in a public place, security is required overnight. The Customer must notify the Company of predicted adverse weather conditions which may affect the integrity of the Equipment. For winds exceeding 60km/h the Company must reassess the site to ensure its safety and suitability for the Event. The Customer must have a representative on the Site for the purpose of instructing the Company as to the position of the Equipment. If the Customer fails to provide a representative on the Site the Company may erect the Equipment where it thinks fit and it shall be deemed to have performed the Contract. Equipment delivered to an unattended Site is at the Customer's risk. 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 including consequential loss. The Company reserves the right to refuse delivery to the Site if it assesses that the Site is not suitable for the Equipment.
11. USE OF EQUIPMENT
The Customer acknowledges that it has received adequate instructions on the correct use of the Equipment, which includes demonstration or verbal or written instructions and warrants that it will follow those instructions. Unless otherwise agreed in writing between the parties, the Company will provide labour for erection and dismantling and the cost thereof is included in the Quote. The Customer must not erect and/or dismantle the Equipment without express written permission of the Company. The Company takes care and exercises due diligence when erecting and dismantling a tipi, therefore the time on site may vary due to the access, Site, ground conditions and weather in which the Company's employees are operating. The Company shall not be responsible for the time taken and additional expenses incurred as a result of delays in erecting or dismantling Equipment.
12. SECURITY
The Customer is responsible for the security and safekeeping of the Equipment until it is returned to or collected by the Company. In the event of the Equipment being stolen from the Site, the Customer shall immediately notify the Company in writing stating the full circumstances of the theft and the time the police were notified. The Customer will be charged additional hiring fees unless or until the Company receives such notification.
13. EQUIPMENT CARE
The Customer must take care when handling Equipment and is responsible for informing other parties about the Company’s Terms and Conditions of Hire. The Company’s Equipment will be delivered clean and ready to use. Furniture is for indoor use only, unless previously authorised in writing by the Company. The Customer shall be liable for any loss or damage to the Equipment during the hire period whatsoever the cause and the Customer agrees to keep the Company indemnified in respect thereof. The Customer accepts full responsibility for the Equipment on and from delivery. The Customer agrees to pay full replacement costs for any Equipment lost or considered by the Company as being irreparably damaged. The Company reserves the right to pre-authorise a credit card, and charge for any additional cleaning, repairs or replacement of Equipment as deemed necessary by the Company.
14. EXCLUSION OF LIABILTY
To the maximum extent permitted by law, the Company shall not in any way be liable for, and the Customer will indemnify the Company against all claims for the injury to persons or loss or damage to property howsoever caused unless it be proved that such injury or damage was caused by negligence on the part of the Company. All warranties by the Company to the Customer are excluded, to the fullest 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.
15. FORCE MAJEURE
Neither the Company nor the Customer 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. The Company may give written notice to the Customer, giving full particulars of such Force Majeure. The Company shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, 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 Customer as a result of any delays caused by Force Majeure.
16. DAMAGE WAIVER
A compulsory Damage Waiver fee of 5% is applied at the time of Booking. The Damage Waiver fee covers reasonable wear and tear of the Equipment. The Damage Waiver does not cover damage resulting from misuse or abuse of the Equipment, negligent acts or omissions of the Customer, failing to maintain the Equipment or during transport loading/unloading. It is the Customer’s responsibility to maintain the condition and safekeeping of the Equipment and may be liable for any Equipment which is lost, stolen or damaged during the hire period.
17. SAFETY
The Company adheres to the law of the relevant Work Health and Safety Acts of ACT and NSW. The Customer is responsible for ensuring 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 an 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.
18. SUB-CONTRACTING
The Company has the right to sub-contract any Booking at its discretion.
19. GOODS & SERVICES TAX (GST)
Unless expressly stated otherwise, any sum payable, or amount used in calculation of a sum payable under these Terms and Conditions of Hire has been determined without regard to GST and must be increased on account of GST payable.
20. 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 and Conditions of Hire.
21. 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.
22. AGREEMENT
The Customer hereby agrees:
a) through the period of hire, to maintain the Equipment (including packaging and road cases) and to return Equipment in the same conditions as it was when delivered to the Customer;
b) to be responsible for all damage to Equipment caused by the weather including but not limited to rain, hail and wind;
c) to promptly 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) permit (and obtain permission) for the Company and any of its officers, servants and agents to enter the Site and (without prejudice to any other claims or rights as the Company may have to damages of otherwise) to inspect the Equipment or to merit the repossession by the Company of the Equipment if the Company determines that any breach of these Terms and Conditions of Hire has been committed;
f) it is responsible for ensuring the Company has accurate bump in/out times at least two (2) weeks prior to the Event;
g) to pay all expenses, costs or disbursements incurred by the Company in recovering any outstanding monies, including debt collection fees and solicitor costs;
h) where the Company agrees in writing to deliver the 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 authorised agent of the Customer for all purposes of the contract and be bound by these Terms and Conditions of Hire without releasing the Customer from being personally and severally 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) and acknowledges that repairs of damaged Equipment will not be undertaken without the written authority of the Company; and
k) all missing Equipment or that which is damaged beyond repair will be paid for at full replacement value.
23. DEFINITIONS
"Booking" means a booking by the Customer for the Equipment
"Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in Melbourne, Victoria are open for business
"Company" means the partnership trading as South Coast Tipis ABN 43 319 135 671
"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.
"Delivery Date" means the date of the Event or such earlier date as is agreed in writing between the parties
"Deposit" means a non-refundable payment of 20% of the total rental charge as shown on the Quote
"Equipment" means the items hired by the Customer from the Company from time to time.
"Event" means the event to be held by the Customer for which the Equipment is required
"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, epidemic, pandemic (including Covid-19), civil disobedience, legislation not in force at the date of this Agreement or labour disputes
"Quote" means the written quotation for the total hire charge provided by the Company to the Customer in accordance with clause 2.
"Site" means the location where the Equipment is to be erected as specified by the Customer