Terms And Conditions

Terms and Conditions of Hire


Luna Vintage Event Styling – ABN 14 676 548 397

Definitions
(a) The “Owner”and “Supplier” is Luna Vintage Event Styling

 (b) The “Hirer” refers to the person, firm or corporation hiring equipment from the Owner
(c) The “Equipment” and the “Items” means all the equipment and accessories supplied to the Hirer

(d) “Terms” means these Terms and Conditions of Hire

 

1. Ownership

The equipment supplied for hire remains at all times the property of the owner.

2. Inspection

As part of the owner’s stringent quality assurance process, all equipment is checked, counted and cleaned prior to dispatch. It is the Hirer’s responsibility to check all of the ordered equipment on delivery or collection and the Hirer must notify the owner of any breakages or missing items within 2 hours of receiving the equipment for hire. The Hirer acknowledges that it is aware of the proper use for which the equipment hired is designed and it has inspected the equipment and expressly agrees that the equipment is:

2.1   in clean condition;
2.2   in satisfactory working order;
2.3   is fit for the purpose; and
2.4   is of a quality and specifications as ordered.

3. Charges and Terms

The hirer enters into a contract and agrees and accepts the terms and conditions from the date they make a booking with the supplier.

The hire period is for 3 days unless agreed upon mutually in writing by both parties. Failure to return the equipment or inability for our drivers to access the equipment for pick up will incur a daily charge for the equipment for any days beyond the agreed hire period. Any additional charges incurred may be invoiced. If the hirer fails to return the equipment, the hirer gives us permission to enter the premises of where the equipment is held to collect the equipment without being responsible for any damages caused to enter the premises.

The Hirer agrees to pay the owner’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, gst, duty, levy or other expenses paid or payable by the owner at the rate and in the manner specified from the commencement date and time of the hire until the equipment is returned by the Hirer to the premises of the owner, or the Hirer notifies the owner’s hire controller that the equipment is ready for collection.

If the Hirer requests the owner transport the equipment to or from the owner’s premises, the Hirer shall pay the owner all charges and expenses incurred by the owner in delivery, installing and collecting the equipment in addition to the hire charges. 

The owner reserves the right to amend or revise its rate or prices without notice.

4. Contracts

Any changes to this contract must be written and signed by both Hirer and Suppplier. Oral agreements are non-binding. The latest contract supersedes all previous contracts between Hirer and Supplier.

The equipment remains the property of Supplier at all times. The hirer may not transfer this contract to another party without written consent of Owner.

4. Payment Terms

Payment for hire of goods must be made by:

(a) 25% of the agreed hire price upon time of booking order (non-refundable) Payment is required by Direct Debit to the account supplied on the invoice.

(b) the final 75% at 14 days prior to date of delivery.

(c) orders placed less than 14 days from hire date require full payment to confirm booking.

The Hirer authorises the owner to issue an invoice for any subsequent loss, damage, repairs or other expenses with the amount shown on the relevant invoice or outlined in section 8.

Refunds relating to amendments of contracts made prior to 14 days from the delivery/collection minus any subsequent expenses, will be refunded by direct deposit to the provided account within seven days after the return date of the hire items.

All payments are to be made by Direct Debit into the account supplied on the invoice

Deposit payments are non refundable.

6. Cancellations

Hire Contract cancellations are at the discretion of the hirer. The Hirer may cancel a confirmed order in writing but may forfeit any hire fees paid as follows:

(a) Cancelled bookings outside of a 48 hour period from the event date incur a non-refundable charge of 50%. Bookings cancelled within a 48 hour period incur a 100% cancellation fee. If items are removed from an order or quantities reduced, a cancellation fee will also apply to these items at 50% for items cancelled outside of a 48 hour period of the event date and 100% inside a 48 hour period of the event date. Cancelled bookings as a result of Covid 19 restrictions still apply.

(b) In the event that a credit is applied to a booking granted by management, the customer has 6 months to use this credit from the time of the original booking.

6. The Hirer’s Obligations

The Hirer must:

(a) accept responsibility for the equipment hired from the time of its delivery until collection or by return to the owner;

(b) assume the risk of and indemnify and hold the owner harmless from and against any and all property damage and personal injury resulting from:

(i) the use of the equipment;
(ii) contact with underground cables, pipes, services or other obstruction;
(iii) all necessary service repairs;

(c) use the equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed;

(d) ensure all equipment is returned or ready for collection by the owner’s driver, in a clean, dry and properly packed condition and if being collected, is readily acceptable. the Hirer must pay all cleaning and drying costs and for any damage resulting from not properly drying, cleaning or packing the equipment.

 

7. Property

The Hirer acknowledges that the owner may inspect the equipment at any time during the period of hire, whether notice of such inspection is given to the Hirer or not, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the equipment. The Hirer shall indemnify the owner in relation to any action of trespass or any other action or claim against the owner in the course of the owner exercising its right to inspect the equipment.

8. Loss of or Damage to Equipment

If on the return of the equipment to the owner the equipment is found by the owner to be in an unclean condition or not in a substantial working order, the Hirer shall pay to the owner the cost and expenses of restoring the equipment to a clean condition and good working order. Hire items that are returned with burns, holes & rips will be charged at full replacement cost. If items are returned unclean with stains including but not limited to candle wax, mould, rust, graffiti or heavy food beverage stains that are unable to be restored to a clean condition by ordinary laundering procedures, are required to have professional cleaning, then that cost will be charged to the Hirer at the appropriate rate. The Hirer accepts full responsibility to compensate the owner for the value of the equipment or parts thereof which may be lost or stolen from the time of commencement of the hire or delivery, whichever is earlier, until the equipment is returned to the owner’s premises or collected by the owner. This right shall not be prejudiced by or prejudice any other right under these terms. The owner’s staff is not required to be held liable for any breakages or missing items unless expressly evidenced, and agreed, between the owner and the Hirer.

9. Release and Indemnity

the Hirer hereby releases the owner from, and agrees to indemnify the owner in respect of any third party claims, action, suits, demands, costs and expenses for damage or injury to person, death, loss of income or damage caused to the Hirer or its property arising directly or indirectly out of the hire or use of the equipment by the Hirer or these terms.

10. Insurance

The Hirer must maintain at its own expense all appropriate policies of insurance where applicable:

(a) for theft and damage to the equipment hired in an amount not less than the full replacement cost of the equipment;

(b) for liability, property and casualty insurance cover in amounts necessary to fully protect the owner and its equipment against all claims, loss or damage whatsoever.

 

11. Set-up and Removal of the Equipment

(a) The owner is not responsible for the set-up of the equipment, unless otherwise expressly stated on the invoice and agreed in writing between the owner and the Hirer.

(b) Wet Weather

(i) Luna Vintage Event Styling must be informed of the wet weather option for a ceremony 7 days prior to the hire date. If the alternative involves extra staff, time travel or expenses the Hirer is responsible for the additional fees.

(ii)   The final call on wet weather must be made by 9am on the day of the wedding. If Luna Vintage Event Hire does not hear from the Hirer, Luna Vintage Event Styling will set up where originally requested unless strong wind or heavy rain prevents Luna Vintage Event Styling from doing so.

(iii)  Luna Vintage Event Styling has the right to refuse to set up hire equipment without notification if severe weather conditions are deemed detrimental to those items or dangerous to the guests and public. If weather prevents Luna Vintage Event Styling from setting up items or if the Hirer’s wet weather alternative mean the equipment is no longer required, no money will be refunded.

(c) The hirer is responsible for having someone available to take delivery of the equipment at the nominated date and time. If the hirer fails to be there at that time, an additional delivery fee will be charged to re-deliver the equipment at another time.

12. Removal

The Hirer must not remove the equipment from the delivery site, without the written consent of the owner, except for the purpose of returning the goods to the owner’s premises.

13. Force Majeure

If the owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of god, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.

14. Acceptance of Terms and Conditions

The Hirer hereby unconditionally accepts these terms and acknowledges that its acceptance is a condition precedent to taking possession of the equipment from the owner

15. Miscellaneous
(a) The hirer agrees to ensure that any site specified on the hire agreement, will be clear of all obstructions to allow the Owner to erect, install or place the hire equipment safely.
(b) If any of the Terms becomes void or unenforceable for any reason then that part will be severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. Failure by the Owner to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that the Owner may have and shall not be deemed a waiver of any subsequent breach by the Hirer of any of these Terms.

16. Jurisdiction

These terms and conditions are governed by the Laws of New South Wales and the Hirer and the Owner submit to the jurisdiction of the courts of that State.