Definitions:
The Supplier shall refer to Farfalla Designs, trading as "Farfalla Party & Wedding Design" from here on in.
The hirer entering into the contract will be referred to as the “hirer” from here on in
Terms and conditions:
1. The hirer enters into a contract and agrees and accepts the terms and conditions from the date they make a booking with the supplier.
2. The company/and or person who has made the booking is liable for all payment. Payment will be required before the event via EFT. Cash is the only method of payment which is accepted on the day and the person hiring the equipment must be there at the time the equipment is delivered to pay in cash or have provided the money to another person who will be present. The hirer must have the correct change in cash. If that hirer or representative for that hirer is not there to provide the cash on delivery, we reserve the right not to deliver the equipment / not to start setting up (if applicable).
3. Supplier reserves the right to change the prices/specials on the website at any time without notice.
4. Supplier might request the bond to cover for any damages, theft, cancellations, cleaning or inability to access the equipment to be picked up at the agreed time.
5. Cancelled bookings outside of a 14 days period from the event date incur a non refundable charge of 50%. Bookings cancelled within a 14 days period incur a 100% cancellation fee.
6. In the event that a credit is applied to a booking granted by management, the customer has 24 months to use this credit from the time of the original booking.
7. Farfalla Designs reserves the right to reschedule a booking if it is a safety risk to deliver or set up equipment, in the case of extreme weather conditions such as torrential rains, hail, flooding, extreme thunderstorms, earthquake or an area being restricted from access due to a terrorist attack. Should we not be able to deliver at a later time on the event date, we will happily deliver on the next available day. Should the event have to be cancelled for one of these reasons and your event can’t be rescheduled to another time, a credit can be applied for a future booking.
8. The hire is for one day 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. This may be taken from the bond, and 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.
9. The hirer accepts full responsibility for the equipment once they take possession of the equipment. This is from the time it is delivered, to the time it is collected. In the case that the driver is held up on the day and will not make the scheduled pick up time, you are still liable for it till the time the driver arrives. The hirer is liable for the replacement cost of any equipment that is stolen, goes missing, is vandalised or broken. The hirer is liable for any damages caused to the equipment.
10. 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.
11. Delivery of all equipment is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the equipment is more than 10 metres away from where our vehicle can park. Extra charges also apply for stairs, steep descents and going up levels in buildings. The hirer is responsible for telling us via email if the delivery has any of these conditions. Failure to do so will result in extra charges, and in extreme cases refusal to deliver. Extra charges will be taken out of the bond or will be payable on the day in cash.
12. The hirer assumes proper knowledge in the operation and handling of the equipment and does not hold Supplier responsible for any injury caused to themselves or others whilst moving or setting up any equipment.
13. The equipment remains the property of Supplier at all times.The hirer may not transfer this contract to another party without written consent of Supplier.
14. The hirer must inspect and check all equipment and notify Supplier at the time of delivery if there is any equipment missing, damaged or unfit for use. Failure to do so will see the hirer responsible for any damages or missing equipment upon pick up.
15. No warranty is provided by Supplier for the equipment’s fitness for any particular use. We may also replace any item with a similar item in the case that the original product booked may be unavailable due to unforeseen circumstances.
16. The laws of VIC shall govern this agreement. Venue for any legal proceedings brought in connection with this contract shall be in VIC.
17. Renter agrees to defend, indemnify, assume liability for and hold Supplier harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the use of the Equipment, regardless of the basis.
18. The terms and conditions can only be amended by Supplier.
19. 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. This agreement binds and benefits the heirs, successors and assignees of the parties.
20. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
21. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time. |