Over The Moon Events
Terms & Conditions
Definition
In these Terms and Conditions of hire, ‘The Company’ means Everfair WA Pty Ltd (trading as Over The Moon Events), ABN 52 154 852 570 their sub-contractors, agents and authorised employees. ‘The Hirer’ means the person, company or agent of The Hirer on the tax invoice hiring The Equipment from The Company. The person who signs for The Equipment warrants that they have the authority of The Hirer to sign for on their behalf. ‘The Equipment’ means the goods hired as they appear on the tax invoice, for the function, event or purpose, for which the goods are to be used. ‘The Agreement’ means the Hire Agreement or Hire Contract / tax invoice between The Company and The Hirer of The Equipment.
Agreement
By making payment or part-payment for The Equipment, The Hirer agrees to have read, understood and be bound by these Terms and Conditions. All equipment hire is subject to the Terms and Conditions of Hire as printed hereon. They will bind The Hirer.
Ownership
The Equipment supplied for hire patently remains the property of The Company.
Inspection
The Company’s policy ensures that all hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from their premises. It is The Hirer’s responsibility to check all of the ordered hire equipment upon delivery or collection and to notify The Company of any breakages or missing items within 2 hours of receiving the goods/hire equipment. The Hirer acknowledges that it is aware of the proper use for which the goods/hire equipment are designed, has inspected the goods/hire equipment, and expressly agrees that the goods/hire equipment are:
a) in clean condition;
b) in satisfactory working order/fit for purpose; and
c) of the quantity and specifications as ordered.
Payment
Payment by The Hirer is due in full seven (7) days prior to the booking date or, if agreed upon, prior to delivery or collection of the goods. The Company reserves the right to withhold deposit if payment has not been received prior to delivery. An extra delivery charge will apply should The Company be required to re-deliver as a result of non-payment on delivery.
Payment methods include Electronic Funds Transfer (as per the bank details on the invoice), cash and credit card (which incurs a small surcharge which is advised prior to payment). EFT confirmations can be emailed to info@overthemoonevents.com.au for faster processing.
Hiring Charges
All hiring charges are valid for a 24 hr hire period, unless otherwise advised by The Company or arranged by The Hirer. Equipment not returned within the specified period shall be charged at The Company’s hire rate.
If The Hirer wishes to extend the hire period, they must advise The Company, prior to completion of the hire period, unless agreeable arrangements have been entered into. Payment for the extended period of hire must be paid in advance up to and including the time when The Hirer advises The Company that the hire period has ended and then returns or arranges for The Equipment to be picked up from the delivery site (or otherwise agreed location). The Company reserves the right to amend or revise its rate or prices without notice.
Postponement
If The Hirer chooses to postpone the hire of The Equipment, charges shall apply as stated in the ‘Cancellation’ clause below.
Cancellation
If The Hirer cancels The Agreement prior to the commencement of the stated delivery date, The Company reserves the right to keep any deposit paid. If The Hirer’s booking has been directly affected by imposed Government sanctions, please refer to the Covid-19 clause below.
Covid-19
As of March 2020, there has been a number of nationwide Government imposed sanctions restricting the number of people attending events, which have since been lifted, however the possibility remains that they may be reinstated at any time. As a result of the severe impact these sanctions have had on the events industry, we have revised our Terms and Conditions accordingly with respect to any future Government-imposed sanctions as follows:
Any bookings that are cancelled as a result of the Covid-19 pandemic, regardless of monies paid are strictly non-refundable. The choice afforded to The Hirer, in lieu of a refund, is the rollover of all monies paid to a postponed date not more than 12 months from the date of contact advising of the forced rescheduling of the booking. We will accept postponements of bookings who commit to a change of date only.
Bookings that have been paid in full that require a reduction in numbers can reduce the booking by our standard 10% as per the Cancellation clause above. If The Hirer requires further reductions, furniture hire items may be added that amount to the value forgone in the reductions made.
We understand that financial losses will occur. As a result of the Covid-19 fallout, cancellation will result in a financial loss for both The Hirer and The Company. The Hirer forgoes monies paid and The Company loses the projected income needed to keep its business operational whilst forced into shutdown. This situation affects the businesses in the events industry individually as well as collectively. The Company is committed to finding solutions that limit the financial impact for all parties concerned. The Hirer needs to fully understand that they are offered a choice when forced into cancelling the current date of their event. To minimise the financial loss incurred, the postponement is the option. If The Hirer chooses not to postpone for reasons deemed out of their control these Terms and Conditions stand firm.
Order Reductions / Increases
The Hirer is permitted to reduce the quantity of chairs (without penalty) up until 6 calendar months prior to the event. Thereafter, The Hirer can reduce the quantity of chairs and tables by 10% (without penalty) up until one (1) calendar month prior to the event. Final numbers are to be confirmed one (1) calendar month prior to the event and the balance of payment is due one (1) week prior to the event. If The Hirer reduces the number of items further than 10% within 6 months of the event, the Company reserves the right to charge the previous confirmed amount with a maximum reduction of 10% of the order. An administration fee of $15 will be charged each time the selected hire products are requested to be reduced within 6 months of the event.
Should The Hirer’s numbers increase, it is recommended they contact the The Company as soon as possible to request the additional items. The Company cannot guarantee the additional items will be available, however will endeavour to accommodate the request as best they can.
Delivery, Setup and Collection
Unless otherwise stated on invoice, the delivery, pick up and setup charges are extra. Any quoted charges are for the delivery suburb and for standard level access a maximum of 50 metres to the delivery point from the delivery vehicle.
There must be a site contact available at all times during the delivery and collection days to sign for both the delivery and collection. The Hirer must provide The Company with the name/s of this person/s and contact details. Delivery access must be arranged by The Hirer prior to driver arriving. Assistance may be required to lift some furniture on arrival. All hire items must be packed using the packing materials supplied and stored in an accessible, dry and secure place ready for collection. Additional fees will be charged (at an hourly rate of $50 per man hour) for any items that are not packed and ready for collection at the designated time which requires our staff to pack up items and results in a delay to our staff. This amount will be invoiced to The Hirer. If The Company staff is setting up equipment, The Hirer is responsible for allowing sufficient time and access to the venue. In this instance, an additional fee may be charged if The Company is required to employ additional staff due to time restrictions at the delivery location.
Positioning of Hired Equipment
Although The Company will endeavor to take every care possible when delivering, installing, dismantling and collection equipment, it shall not be liable for any damage or loss to the site, site access or plants and The Hirer shall indemnify The Company from and against all actions, claims, costs, demands and liabilities in connection there with. Any resulting additional costs, including reasonably incurred legal costs by The Company, shall be paid by The Hirer. All equipment is not to be removed from delivery location unless prior approval is granted by The Company. If set up has been requested and the venue is not ready at the agreed time of delivery, The Company will place all items in what they deem to be a suitable area nearby. An additional fee of $120 will be charged if The Company is requested to return to the site to set up.
Equipment Use
The Hirer shall check the quantity of all hired items against the tax invoice provided and will advise of any discrepancies within 2 hours of delivery. Advice after the function will not be considered as advice of any discrepancy. Damage to hire equipment during use or transportation by The Hirer is the responsibility of The Hirer. If, at any time during the hire period, The Hirer considers The Equipment to be faulty, it is The Hirer’s responsibility to contact The Company immediately by telephone to report the problem. Failure to do so, or advice after use, will cause The Hirer to be responsible for all hire charges, and repair or replacement cost if necessary. The Company reserves the right to repair or replace the faulty equipment as soon as practical during the hire period to the reasonable satisfaction of The Hirer. On no account should The Hirer attempt to repair The Equipment without prior consent of The Company. Call out charges based on time taken will be charged to The Hirer, relative to the time of day, if The Equipment is proven to be satisfactory by The Company and not faulty as claimed by The Hirer. In no event shall The Company be responsible for any expenditure, damages or consequential loss incurred by The Hirer, invitees, agents or assigns arising out of any failure of The Equipment whether caused by fair wear and tear or negligence on the part of The Company or for any other reason whatsoever. The Hirer shall, on completion of the hire period, ensure that The Equipment is packed securely using all the boxes and packing materials supplied when delivered as directed by the delivery staff. If equipment requires re-packing by The Company’s staff prior to transportation, additional fees may be charged. Any breakages to hire equipment during transportation due to The Hirer’s negligence in re-packing will be charged at full replacement value.
Loss, Damages and Cleaning
The Hirer accepts full responsibility to compensate The Company for the value of the goods/hire equipment, or parts thereof which may be lost, stolen, damaged or broken during the hire period. A cleaning charge will be applied to all goods returned dirty or still containing foodstuffs, debris or residue. Linen need not be washed but must be returned dry to avoid mildew. Returned linen that displays burns, holes, rips and staple marks or mildew will be charged at full replacement cost. Linen with stains including (but not limited to) candle-wax, mould, rust, graffiti and/or heavy food/beverage stains that are unable to be restored to a clean condition via ordinary laundering procedures, and are required to have specialised cleaning (ie. drycleaning), that cost will be charged to The Hirer at the appropriate rate. All tables must be wiped down and clean. Cushions found to have stains will be charged a cleaning fee as above.
If, upon the return of the goods/hire equipment, The Company finds The Equipment to be dirty or not in satisfactory working condition, The Hirer shall pay to The Company the cost and expenses of cleaning and restoring the goods/hire equipment to good working order. Misplaced and damaged items, including but not limited to, breakages of glassware and crockery, will be charged at replacement value, on the return date stated on the tax invoice, unless an agreement is made. This right shall not be prejudiced by or prejudice any other right under this agreement. Credit card details are to be provided by The Hirer prior to the delivery/collection date and The Company has the permission of The Hirer to charge applicable replacement/restoration costs to this card. The Company will advise The Hirer of the amount charged and a receipt will be sent. Should misplaced items be returned within one calendar month of the hire, a full refund for those items will be issued by The Company to The Hirer.
Insurance
Insurance is The Hirer’s responsibility during the hire period. The Hirer is responsible for the security of The Equipment at all times during the hire period. Any lost, broken, damaged or destroyed equipment will be charged to The Hirer, at full replacement value.
Weather
The Company must be informed of the wet weather option for The Hirer’s event at least 7 days prior to the booking date. The Company will endeavour to do everything they can to accommodate any reasonable request to set up the hire equipment in an alternative location. The Company does not accept responsibility for any issues that may result from transferring The Hirer’s event location to their chosen wet weather alternative location. If the alternative location involves additional staff, travel time or expenses then extra fees may be incurred. A final decision on the alternative location must be made at least 24 hours prior to the original delivery time. One person (preferably bride or groom) must be nominated to make decision. The Company have the right to refuse to set up hire items without notification if severe weather conditions is deemed to be detrimental to those items or dangerous to your guests and the public. In the event that bad weather prevents The Company from setting up items, or if The Hirer’s wet weather alternative means the items are no longer required, no monies will be refunded as the items will have been held for The Hirer’s event and cannot be re-booked.
Third Party Liability
The Hirer hereby indemnifies and holds indemnified The Company from and against all claims, actions, suits, demands and expenses in any way arising from injury, death, loss of income or damage caused to The Hirer or its property, or any other third parties or property, in respect of equipment hired.
Non-Disparagement
All parties relating to this contract agree to refrain from disparaging the other party in any manner, and in any format, verbal, written or digital, nor otherwise take any action which could reasonably be expected to adversely affect the other party’s personal or professional reputation. The parties agree that damages to said party’s reputation caused by any such disparagement would be difficult or impossible to measure and agree to liquidated damages in the amount of $50,000 to be awarded to the party against whom such disparagement was committed by any court of law having jurisdiction over the parties and the subject matter herein.
Acceptance of Terms & Conditions
By paying the deposit, The Hirer hereby unconditionally accepts the above terms and conditions and acknowledges that its acceptance is a condition precedent to taking possession of the goods/services/hire equipment from The Company. The company’s decision is final in all matters pertaining to the Terms and Conditions of hire.