BOUJEE EVENTS PERTH TERMS AND CONDITIONS

 

All customers are required to accept the terms and conditions below and are deemed to have read and accepted them upon making a booking via any means. If you have any questions or concerns about the below conditions, please do not hesitate to contact us.

 

Definitions

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• “The Owner” refers to Boujee Events Perth

• “Client” refers to the person, firm or corporation booking an event or hiring equipment from the       Owner

• "Equipment" means all items and associated packaging (including boxes, crates, tubs, bags and   containers) that are hired and collected by the Client or delivered by the Owner to the Client   whether or not the items have been paid for. The Equipment shall always remain the property of   the Owner whilst on hire;

• "Hire Period" means the time from when the goods are collected by the Client or delivered by the   Owner to the Client. Until they are returned to, or are collected by, the Owner;

• "Site" means the site to which the goods are delivered;

• "The Terms" means these Terms and Conditions of Hire;

 

1.    Basis of Contract

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The Terms apply exclusively to every contract for the hire of the Equipment by the Client from the Owner and cannot be varied or substituted for by any other terms without the prior written consent of the Owner save as provided in 1.1.

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1.1.  A written quote provided by the Owner to the Client regarding the proposed hire of        the Equipment is valid for [7] days after which time acceptance of any order placed is subject to  written confirmation by the Owner.

1.2.  Any terms within the quote form part of the Terms and in the case of any inconsistency such terms will prevail and take priority over the Terms.

1.3.  If an order placed by the Client is accepted by the Owner, the Owner agrees to hire the Equipment to the Client for the Hire Period for use at the Site as per the Terms.

1.4.  Bookings are only confirmed once deposit payment has been received by the Owner, and a confirmation email sent to the client. Booking time slot availability is not guaranteed until deposit payment has been received.

1.5.  The Client agrees not to modify or permanently attach anything to the Equipment for their own purposes whilst on hire and shall return the Equipment in the same condition the Client received it.

1.6.  Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Owner.

 

2.    Hire charges and variation

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2.1.  Amounts quoted are for use of the Equipment as specified within the quote. Extended hire periods are available, subject to availability and must be confirmed by the Owner prior to acceptance of the quote.

2.2.  Unless otherwise specified, any quotation assumes and is to be implied as incorporating the following conditions:

2.2.1.  Delivery being made to street level only;

2.2.2.  Grounds or floors being level and clear;

2.2.3.  The goods being returned in a good and clean condition.

2.2.4.  The Client removing all rubbish they bring with them. This includes bottles, food scraps, wrapping paper and all general rubbish.

2.3.  Any departure from, or non-compliance with the conditions in clause 2.2 will give rise to further charges payable by the Client for additional equipment used, time spent or overtime labour rates incurred by the Owner.

2.4.  All hire prices quoted include GST

 

3.    Invoice, payment and bonds

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3.1.  Payment for hire of equipment or services is required as follows:

3.1.1.  A non-refundable deposit, at time of booking, equal to 50% of the total fees, or $100.00, (whichever is the greater): and

3.1.2.  100% of the total fees must be paid at least 14 days prior to the Hire period, and where full payment has not been made as required above, the Owner may treat the contract as at an end and such moneys held by the Owner shall be forfeited without prejudice to its rights at law and arising out of breach of contract.

3.2.  Payment must be made by bank deposit, credit card or cash.

3.3.  The Owner may require a security bond to be paid in addition to any hire or service fees as deemed necessary. A security bond may be required prior to the delivery date or applied upon sighting of delivery site during delivery on the agreed delivery day. No goods will be delivered until the bond payment has been received by the Owner if deemed necessary.

3.4.  Any portion of the security bond not applied will be refunded by bank deposit within fourteen days of return of goods.

 

4.    Variation and Cancellation

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4.1.  If through circumstances beyond the control of the Owner, the Owner is unable to provide any equipment, then the Owner may:

4.1.1.  Make changes to the equipment provided given that the end performance is not materially prejudiced; or

4.1.2.  Cancel any order (even if it has already been accepted) by notice in writing.

4.2.  The Client may cancel any order, however will forfeit their deposit.

4.2.1.  If cancellation is less than seven days prior to delivery date, all moneys held by the Owner will be forfeited in full.

4.3.  If the Client seeks to vary or modify a booking, to which the Owner agrees as evidenced by a new contract being entered into, and the Client subsequently cancels the new contract, the first contract shall not be nor be deemed to be novated or cancelled and the deposit paid there under shall be duly forfeited.

4.4.  The Owner reserves the right to cancel any booking on reasonable grounds at any time prior to the booking. Should this occur the Client will be refunded in full with the exception of where the Client has failed to fulfil their obligations within the terms.

4.5.  The Customer agrees that the Owner can request a location change due to:

4.5.1.  Predicted weather

4.5.2.  For security of the property and safety of staff

4.6.  Alternative plans, location or rescheduling must occur 4 days prior to the booking date or as agreed to in writing by the Owner.

4.7.  In the event of unexpected bad weather, if agreed to by the Owner;

4.7.1.  Set up can occur under a marquee/canopy. This is to be organised by the Client.

4.7.2.  The booking may take place at an alternate location.

4.8.  Should a booking not go ahead due to bad weather, bookings which are paid in full will be re-scheduled within a 3 month period. Additional costs for perishable items e.g. flowers, food etc. will be incurred if cancelled less than 72 hours prior to the event. Rescheduled dates are subject to availability.

4.9.  It is the responsibility of the customer to source an alternative location. The Owner is not      obligated to accept any new location proposed to by the Client

4.10. The Owner may refuse set up should an alternative location not be sought.

 

5.    Delivery and collection

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5.1.  Equipment collected by the Client for the purposes of DIY will be supplied in a clean state or condition, and must be returned in the same condition. Failure to adhere will incur a minimum 1 hour charge, at $50.00 per hr for cleaning.

5.2.  The Client is responsible for providing safe and proper access to, at and from the Site.

5.3.  The Client is liable for all injury, loss or damage suffered by the Owner, its employees or agents while at the Site.

5.4.  The Client must make the goods available for collection by the Owner at the pre-arranged designated time (as specified in the booking). Should the Owner incur delay as a result of the Equipment not being available for collection, the Client will be charged at a rate of $25 per half hour or part thereof.

5.5.  The Owners count and decision as to the condition of goods prior to dispatch and on return shall be final.

 

6.    Responsibility of the Client

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6.1.  The Client bears all risks in relation to the goods for the Hire Period

6.2.  During the hire period the Client is responsible for:

6.2.1.  Safe keeping of the goods

6.2.2.  Using the goods in strict conformity with the goods instruction or specifications and generally in accordance with the purpose for which they are designed

6.2.3.  Not using pigmented streamers or decoration within or near any of the Equipment

6.2.4.  Ensuring that goods are not moved or relocated from the Site, unless in an emergency, and the Owner is advised immediately afterwards

6.2.5.  Complying with all relevant laws, by-laws and regulations applicable to the installation, use and operations of the goods

6.2.6.  Protecting the Goods against being soiled or contaminated, damage, fire, theft, distress or seizure; and

6.2.7.  Ensuring the goods are not operated for any purpose beyond their rated capacity or in a manner likely to result in undue wear

 

7.  The Client remains liable where:

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7.1  The Client fails, refuses or is unable or unwilling to return or produce all of the goods to the Owner at the end of the hire period in good and proper order and in substantially identical condition to that in which they were at the time of collection or delivery

7.2.  The Client has not taken reasonable precautions to safeguard the goods

7.3.  The Client has not complied with the terms

7.4.  Accessories or packaging are lost or damaged

7.5.  The Equipment has been carried or used over or upon water

7.6.  Loss or damage to the Equipment has been caused by heaters, catering equipment, catering odours or coloured streamers

7.7.  Damage to Equipment has been caused by graffiti or vandalism

 

8.    Break down or defect

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8.1.  Break downs or defects in the goods resulting from:

8.1.1.  Proper or ordinary use; or

8.1.2.  The development of an inherent fault or a fault not ascertainable prior to the start of the hire period. May at the Owner’s option, either be repaired or the Equipment replaced at the Owner's expense.

8.2.  If repair is impracticable and if replacement goods are not available, the proportional charge for broken or defective equipment will be credited to the Client and the Owner will not have any other liability whatsoever to the Client in connection with such deficiency.

8.3.  No relief from hire charges nor any claims will be allowed or admitted by the Owner:

8.3.1.  For stoppages due to causes beyond the Owners control, knowledge or obligations under these Terms including, without limitations, bad weather or Site conditions; or

8.3.2.  The Client not informing the Owner of any defect or breakdown immediately as it occurs.

8.4.  The Client must not attempt or carry out try to effect any repairs to or modification of on the Equipment or otherwise interfere therewith

8.5.  The Owner is not responsible under these Terms or otherwise for and does not warrant that it holds expertise for assessing Site conditions or related issues such as drainage or stability of the Site which is and shall remain the Client’s responsibility solely.

 

9.    Default and termination

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9.1.  If the Client:

9.1.1.  breaches any of the Terms then the Owner may, without prejudice to any other remedy available to it;

9.1.1.1.  charge the Client for the cost of repairing or replacing any lost, damaged or destroyed goods;

9.1.1.2.  charge the Client for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;

9.1.1.3.  claim damages from the Client for breach of the Contract; and/or

9.1.1.4.  cease or suspend for such period as the Owner deems fit, supply of any further goods to the Client.

9.2.  Upon termination the Client must immediately return or make the goods available for collection. If the Client does not, the Owner is entitled to enter any premises of the Client where the goods are believed to be, to repossess the goods. The Owner will not be liable for any damage so caused and the Client must and is hereby deemed to agree to indemnify the Owner from any liability incurred by it, to it, or owed to any third party or being in respect of any damage, demands, proceedings, costs and expenses whatsoever arising therefrom. Further, the Client hereby irrevocably authorises the Owner to enter such premises and this authority shall be liable to be pleaded as a bar to or defence of any proceedings or prosecution claiming trespass or unlawful entry by or arising out of the Owners entry upon such premises.

 

10.    Limitation and exclusion

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10.1. Except as specifically set out in the Terms, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the equipment, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded;

10.2. Replacement or repair of the equipment is the absolute limit of the Owners liability howsoever arising under the Terms or from the use of or any other dealings with the equipment by the Client or any third party

10.3. The Owner is not liable for any indirect or consequential losses or expenses suffered by the Client or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability caused to or suffered by any other party.

10.4. The Owner will not be liable for any loss or damage suffered by the Client where the Owner has failed to meet any delivery date or varies, cancels or suspends the supply of equipment

10.5. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying any application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

 

11.  Miscellaneous

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11.1. Failure by the Owner to enforce any of the Terms shall not be construed as a waiver of any of the Owners rights.

11.2  If any term is unenforceable it shall be read down so as to be enforceable, or if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.