Terms and Conditions of Hire
Terms and Conditions of Hire
Thank you for considering using D PLUS D Events’ services for your event. To run a successful partnership and in making your event a memorable & hassle-free experience, we do require the following terms & conditions to be read, understood & adhered to.
Definitions
In these terms & conditions the following terms have the following meanings:
“Product” means all property including but not limited to all furniture, props, designs, drawings, packaging & road cases, photographs & pictures, and intellectual property which the Owner agrees to hire to the Client.
“Client” including their officers, agents, employees, and contractors means the person hiring the Equipment from the Owner.
“Owner” means the company which supplies the Equipment to the Hirer, being D PLUS D Events Pty Ltd T/A D PLUS D Events ABN 72 862 480 173.
Validity of Quotes
Quotes provided to any Client are valid for a 14-day period after which items and pricing may vary.
Confirmation of bookings
Bookings are only confirmed once the Client has returned a signed agreement of the quote along with a 30% deposit in an accepted payment form.
Payment of charges
Non-Account Client.
The Client must first pay a 30% deposit to confirm and lock in the booking. Final payment (full balance) quoted will be required ten (10) full working days (excluding public holidays) prior to the function based on minimum confirmed numbers. If full payment has not been made prior to the event date The Owner reserves the right to automatically deduct it from the credit card provided on the “Credit Card Security Bond Form” two days prior to the hire date. If this credit card is declined and full payment is not processed, the hired Products will not be packed, delivered, or provided on-site until full payment has been made. Any additional equipment required at the function shall be payable on the day requested.
The Client agrees to provide the Owner with a completed credit card security bond form, authorizing the Owner to debit the Client’s credit card for any missing or damaged product post event.
Account Client.
Payment terms are as per current account arrangements with Owner.
Accepted Forms of Payment
All credit card payments are subject to a 1.54% merchant fee (1.95% for AMEX), but we do not accept Diners. This surcharge will be added on at the time of processing.
Payment via EFT (direct deposit, NOT BPAY) is only applicable at least five (5) working days prior to the function.
Payment details are as follows:
Account Name: D PLUS D Events Pty Ltd T/A D PLUS D Events
BSB: 062 000
Account: 2036 2515
Pricing
Pricing on initial quotes is based on specified venue access as shown in the quote, and a minimum 3 hours’ crew call-out fee for set up and collection. Should it be advised that there is less time available for set up &/or collection, a revised or additional labour cost may be required.
Prices quoted are for delivery on street level. Extra charges may be payable for delivery to and removal from higher or lower levels.
The Owner will normally include complimentary styling board(s) with quotations where requested by the Client. The Owner reserves the right to charge additional styling fees when a client requests multiple styling concept boards but will flag any such proposed fees in advance.
All costs are net and payable to D PLUS D Events.
Costs include all Government and State Taxes (including GST), which shall be borne & paid by the client.
Damage Waiver
A damage waiver is payable by the Client to cover all costs associated with normal wear and tear to Products and any accidental damage to a particular Product, provided that the replacement cost and/or cost of repairs to any Product which was damaged does not exceed 10% of the hiring fee for the particular Product.
The damage waiver does not apply to or cover any other damage to or loss of Equipment including, without limitation:
(a) damage resulting from overloading, exceeding rated capacity, misuse, abuse, or improper servicing of Equipment.
(b) damage or loss due to disappearance of the Equipment.
(c) damage caused by the use or operation of Equipment in contravention of any of these Terms.
(d) damage to, or loss of, the Equipment from any unknown cause.
Cancellation
Cancellation by the client must be in writing, cancellations made after quote has been confirmed will be subject to the following:
More than 30 days prior to the date of hire: Subject to 15% of the total amount of the hire value plus all costs incurred in the preparation of any custom designed or ordered items.
Less than 30 days prior to date of hire: Subject to 30% of the total amount of the hire value plus all costs incurred in the preparation of any custom designed or ordered items.
Less than 14 days to date of hire: Subject to 100% of the total amount of the hire value
Removal of Products from Confirmed Quote
Once a deposit is made the quote remains flexible until 14 days prior to the hire date. If the hire date is more than 14 days away, products can be removed entirely from the quote without penalty unless a product is custom ordered or custom designed, in which case all costs incurred will not be refunded. Once the hire date is less than 14 days away, if a product is removed from the quote (e.g. if the order contains 100 chair covers, and all 100 are removed) the client is subject to pay 100% of the hire value.
Final Numbers
To provide you with the best service & availability of Products, final numbers are due ten (10) working days (excluding public holidays) prior to the Client’s event. These are the minimum numbers on which we will base all charges on; numbers may increase after this point by mutual agreement.
Surcharges
Should the event fall on a weekend or public holiday, additional charges will apply to transport & labour costs to allow for holiday & weekend rates.
Should the venue require items to be removed from premises outside normal business hours an additional labour fee will be charged.
Unless agreed at time of quoting, D PLUS D Events require minimum 3 hours set up time prior to event start time. If the venue cannot allow this set-up window, then an additional labour cost may be applicable.
Any additional charges incurred by the venue including but not limited to scissor lift hire, rigging point hire, etc. will be borne by the Client.
Liability/Indemnity
The Client will indemnify and keep indemnified D PLUS D Events and its agents against any loss, damage or injury however caused from any negligent act, omission, or breach of this contract of the
Client or its agents, which occurs during this event except to the extent to which the loss, damage or injury is caused by D PLUS D Events or its employee.
The Client’s total liability for any loss (including any indirect or consequential loss) suffered or otherwise incurred by D PLUS D Events is capped at ten times the total fees paid by the Client under this Agreement.
The Client Agrees
As the Client, I agree and accept full responsibility for the following conditions:
- Through the period of hire to maintain the Products (including packaging and road cases) and to return Products in the same conditions as it was when the Client first took possession.
- To be responsible for all damage to Products caused by the weather including but not limited to rain, hail, and wind.
- To not use the Products at locations or for purposes different to the Products’ general designated purpose and specified suitability, such as indoor vs outdoor use. The Client acknowledges responsibility for the Products and is liable for any damage.
- Where permitted to accept Products directly from the Owner’s premises, to transport the Owner’s products using appropriate protective equipment for transportation and take full responsibility and liability for any damages incurred in transit. The Owner reserves the right to refuse collection of Products where the Client does not have appropriate protective equipment for transportation and takes no liability for any delays incurred accordingly. The Client takes responsibility for ensuring that the correct number and types of Products have been collected.
- Promptly to pay all charges in accordance with the terms set out herein irrespective that no demand shall have been made by the Owner.
- To return all Products promptly to the Owner at the end of the hire period, without any requirement by the Owner to make demand in relation thereto.
- To permit (and obtain permission) for the Owner and any of its officers, servants and agent to enter the premises where the Equipment may be located and (without prejudice to any other claims or rights as the Owner may have to damages of otherwise) to inspect the Owner’s Products or to merit the repossession by the Owner of the Products if the Owner determines that any breach of the terms or conditions of the hire has been committed.
- The Client is responsible to ensure that D PLUS D Events has accurate bump in/out times at least 1 week prior to the event date.
- All expenses, costs or disbursements incurred by the Owner in recovering any outstanding monies, including debt collection fees and Solicitor costs, shall be paid by the Client.
- Where the Owner agrees by special arrangement to deliver Equipment to a person (whether or not an officer, servant or agent of the Hirer and whosoever identified), nominated by the Client, that person shall be deemed to be the authorized agent of the Client for all purposes of the contract and be bound by these terms and conditions without releasing the Client named herein from being personally and severely liable hereunder.
- To be responsible for all loss or damage whatsoever or howsoever caused to any person or property in relation to the Product or the use thereof and without limiting that responsibility, the Client shall be liable to effect public risk insurance in relation to the Products for the duration of the period of hire.
- Acknowledge that repairs of damaged Products will not be undertaken without the written authority of D PLUS D Events.
- All missing Products or those damaged beyond repair will be paid for at current retail value.
- Subject to the next sentence, the Owner reserves the right to take photos at event locations utilising the Owner’s equipment. The Owner will not take photos if specifically requested so by the Client, and in any event, photos will be selected with due care to exclude recognisable private property and persons. Photos may be used in media produced or used by the Owner.
- Where the Client is more than one person, liability shall be joint and several.
- In signing this document, I also acknowledge that I have been provided with the authority to act on behalf of the party referred to as the “Client”.
Insurances
D PLUS D Events carries public liability insurance to the value of $20,000,000.00. However, we recommend that separate “event” insurance be considered to cover against such eventualities as inclement weather, theft, equipment failure and any other unforeseen incidents.
Copyright
D PLUS D Events owns all intellectual property, including all designs, literary and artistic works, documentation, plans, drawings, specifications, sketches, reports, graphics, and logos created by it in relation to the event. Any evidence of breach of copyright will be subject to legal action.
Impossibility/ Force Majeure
Should events beyond a party’s control, such as airline strikes, acts of God or civil disturbances, materially affect that party’s ability to perform its obligations under the contract, it shall be terminated without penalty and (except for D PLUS D Events obligation to repay to the Client any amount including but not limited to any deposit paid in relation to the event) no party shall be liable to pay to the other party any amounts as a result of the termination.