**The Company reserves the Right to pre-authorise a valid credit card for an amount proportionate to the value of the booking as a form of security. The full amount will be released within 10 days from the event, providing no loss or damage has occurred.
The Customer acknowledges and agrees that obtaining authorisation for a transaction is not a guarantee of payment arising from that transaction. An authorisation only confirms that at the time the authorisation was obtained that the card number exists and is valid and the card has not been listed as lost or stolen at the time of the transaction and that the card has sufficient funds to cover the transaction.
HIRE TERMS
Disclaimer
These conditions of hire apply to all hires by the Company to each Customer unless the Customer is otherwise notified in writing. No variation or cancellation of any of these Conditions of hire will be binding on the Company unless agreed to by a responsible officer of the Company in writing.
Customer Responsibilities
When hiring items, all Customers must apply to the following hire conditions laid out by The Company, unless otherwise notified in writing. These responsibilities include, but not limited, to the items, hire period, delivery, equipment care, damage, equipment loss and cancellation.
It is the hirer's responsibility to ensure that all details and items on the issued invoice are correct, including all subsequent invoices issued if changes are made. The Company does not accept responsibility for incorrect items sent if they are stated on the invoice and paid for by the client.
Security Bond
The Hirer’s credit card details are to be provided at the time of booking as a security bond for all Equipment. The Hirer agrees to pay the Company’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 Company.
The Company has the right to request and pre-authorise a valid credit card number in the event of loss and/or damages to the hire Equipment and/or Labour required to carry out the delivery or pick up. The Company reserves the right to pre-authorise the card provided and release the funds after the event or charge the card in the event of loss, damages and additional costs associated with the booking. This amount will be refunded in full within 14 days following the event, providing the items are returned in their original condition, and no additional charges apply.
Value of booking $0 to $499 - Pre-authorisation amount of $200
Value of booking $500 to $999 - Pre-authorisation amount of $300
Value of booking $1,000 to $1,999 - Pre-authorisation amount of $400
Value of booking $2,000 to $2,999 - Pre-authorisation amount of $500
Value of booking $3,000 to $4,999 - Pre-authorisation amount of $600
Value of booking $5,000 to $9,999 - Pre-authorisation amount of $800
Value of booking over $10,000 - Pre-authorisation amount of $1,000
If the additional charges exceed the pre=authorised amount, the Company reserves the right to charge the balance owing on the credit card provided. The Company must notify the Customer in writing, however, in the event the Customer is non-compliant or non-responsive the additional charges can be made, as per acceptance of the Company’s terms and conditions at the time of booking.
The company has the right to cancel a booking if the security bond is not received within 24hr from the delivery / pick up date.
Hire Period
The hire is for one to three (1-3) days from the time of delivery, 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 charged to a credit card or invoiced. If the Customer fails to return the equipment, the Customer gives us permission to enter the premises of where the Equipment is held to collect the Equipment.
The Customer must return all Equipment when it is due back. A continuing hire fee for all Equipment not returned to the Company when it is due back will be charged to the Customer, at the standard daily rate of hire or hire period, until the Equipment has been returned to the Company. The Customer shall give appropriate notice in writing to the Company if any extension or termination of the hire is requested. No refunds will be issued for the early return of Equipment on extended hire.
Customers shall give appropriate notice in writing to the Company if any extension or termination of the hire is requested. No refunds will be issued for the early return of equipment on extended hire.
Condition of Equipment
The Company stocks only clean, high quality equipment. All equipment is checked individually before it is hired and delivered to the customer. When supplied on hire, all equipment is the property of The Company and remains the customers responsibility to maintain the good condition of the equipment (reasonable wear and tear excepted).
The Customer warrants that the equipment will be returned in good working order to the Company. The Company makes no representation as to the suitability of the equipment for a particular need or event, and it is the Customer's responsibility to make that judgment on their own behalf.
The Company’s hire range includes fragile items and breakables. The Customer is responsible for taking extra care when handling equipment and informing others (venue, third party etc) to prevent breakages or damage.
All Equipment from The Company is clean and ready to use. The Customer is responsible for cleaning food scraps off crockery and cutlery and to maintain the equipment in the same condition as it was when the Customer first took possession. The Customer is required to ensure the hire equipment are packed as they were supplied and are safe for transit, in the original boxes, crates and road cases in which they were supplied.
Furniture are for indoor use only, unless previously authorised in writing by The Company.
All textiles and table linen are to be returned dirty. Any permanent stains and damaged items will be charged at cost, less the damage waiver fee if the value of the damage exceeds this amount. Customers will be notified within 7 days from the date the items were returned or collected.
Damaged and Missing Items
The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the equipment by the Customer. The Customer accepts full responsibility for the equipment once they take it into possession. The Customer is liable for the replacement cost of any equipment that is stolen, missing, vandalised or broken. The Customer is liable for any damages caused to the equipment.
The Company must be notified immediately of any equipment lost or damaged during the hire period. The Customer is responsible for the security of the equipment until such time as it is returned to or collected by The Company. In the event of the equipment being stolen from the job site, the Customer shall notify The Company in writing stating the full circumstances of the theft and the time the police were notified. Until The Company receives such notification, the hiring charges will continue.
The Customer indemnifies The Company in respect of all such loss or damage. Such payment shall be made by the Customer within 7 days of such loss or damage coming to the attention of The Company. The Customer must pay on demand to The Company the following amounts:
i. If the equipment is lost, the Customer must pay to the Company the current replacement cost of the equipment;
ii. If the equipment is damaged, the Customer must pay for all repairs;
iii. If no notice is given to The Company of a lost item it shall be deemed as extended hire until such item is returned, and hire fees will continue until notice is given or the equipment is found.
The Customer agrees to pay full replacement costs for any Equipment lost or considered by the Company as being irreparably damaged. Such payment shall be made by the Customer within seven (7) days of such loss or damage coming to the attention of the Company.
Delivery, Pick Up and Labour fees
The Company makes no representation that Equipment will be available to meet every order. Availability of Equipment to meet each order is subject to the timing of that order. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Additional fees may apply in the event of a delayed or cancelled delivery due to unforeseen circumstances of natural causes. Unless otherwise stated the Company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Where it has been agreed between the Company and the Customer that Equipment is to be delivered to an address specified by the Customer the same shall be available to be picked up at the specified date arranged at that address on the last day of the hire period. Where the Customer has taken delivery at the premises of the Company all Equipment hired shall be returned to those premises by the time arranged on the last day of the hire period. In the event that the Equipment is not available to be picked up by the arranged time on the last day of hire or has not been returned to the premises of the Company by close of business on the last day of hire, then the Company must be notified immediately.
The delivery and collection fee is quoted at the time of booking, taking into account the number of items, labour and on road costs at the agreed time slot. If the number of items change, or the nature of the delivery changes, the Company has the right to review the delivery and labour fee. Additional fees apply for after-hours deliveries and pick ups which are from 6pm - 8am, Saturdays, Sundays and on Public Holidays. The cost of Labour in the initial quote is deemed variable and may be subject to change. This includes but is not limited to; additional time and resources on site due to difficulty, safety and/or access or any other reasons beyond the Company’s control, or not advised by the Customer at the time of quoting or booking.
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 Customer is responsible for advising via email if the delivery has any of these conditions. Failure to do so will result in extra charges.
Upon delivery, collection or return of the Equipment by the Company, The Customer must check the Equipment and quantities delivered (or returned). If there are any discrepancies between the Equipment delivered and the quoted order or return docket, the Customer must note them at the time of delivery, collection or return by amending the relevant documents In the presence of a Company representative.
The Customer is required to ensure all Equipment is packed as it was supplied and is safe for transit, in the original boxes, crates, bags, road cases and are placed in one central area, ready for collection. In the event the Equipment is not ready for collection, and additional time is required on site, additional fees will apply.
The Customer must ensure the Company has full access to its premises and the premises remains a safe working environment when the Company delivers Equipment to, or collects Equipment from the Customer’s address. If the premises are subject to access restrictions the Customer will be liable for reasonable associated costs incurred by the Company for:
(a) inductions on site or time taken to complete induction and/or health and safety checks; and (b) site access issues including but not limited to:
(i) The Company being unable to use working lifts;
(ii) delay on site that exceeds 1 hour, or the Company being unable to complete the installation / collection and having to re-enter the premises on another day to complete the installation and collection (such date to be advised by the Company), or any other reasons that are beyond the Company’s control
(iii) parking fines due to not being able to park vehicles at a loading bay.
If the Company arrives at the premises but was unable to complete the installation or collection due to reasons beyond the Company’s control, the Customer shall pay the Company reasonable costs to re-enter the premises on another day for installation. A reasonable re-delivery/re-collection fee may be charged if the Customer fails to comply with any of the provisions under this clause.
Dry Hire
Pickup is available from our warehouse in Annandale, NSW 2038 Monday-Friday between 10am-4pm based on the agreed date at the time of booking. It is the responsibility of the Customer to organise appropriate labour to load, in the event Company resources are required to load, additional fees will apply. Please note all Equipment must be transported in a closed vehicle (i.e. truck or van) with all necessary blankets, straps and ties. Utes and/or trailers will not be accepted. A minimum handling fee starting from $40 + GST is applicable for all dry hire orders and is evaluated based on the number and nature of the items..
All Equipment hired shall be returned to he Company at the mutually agreed time on the last day of the hire period as stated on the invoice. In the event that the Equipment is not returned to the Company by the close of business on the last day of hire, the Company must be notified immediately and reserves the right to reject a late return request and charge an additional hire fee.
Payment Policy
The Customer must pay a non-refundable 30% deposit as soon as the invoice is received. The Company to proceed with the official order. Full payment of the order is due 14 days prior to the event. Upon payment of the deposit the Customer will have been deemed to have accepted the Terms and Conditions of Hire.
The Customer who has made the booking is liable for all payment. Payment will be required before the event via EFT or credit card. Visa and Mastercard payments incur a 1.5% surcharge. Amex and PayPal payments incur a 2% surcharge. Only Visa, Mastercard or Amex credit cards are accepted.
The Company has the right to cancel a booking if a full payment is not received within 48hr from the delivery/pick up date. A handling fee of a minimum of $150 will be charged if the booking is cancelled due to late payments.
Damage Waiver Fee
A compulsory Damage Waiver fee of 4.5% (and 8% on all tableware items, including; linen, crockery, cutlery and glassware) is applied at the time of booking. The Damage Waiver covers reasonable wear and tear of the Equipment.
This waiver does not apply to any other damage to Equipment including:
(a) Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
(b) Damage caused by the use or operation of Equipment in contravention of any of the conditions of the Agreement; and
(c) Damage to, or loss of, the Equipment from any unknown cause.
(d) Damage resulting from Improper packaging and transportation of Equipment.
Order Changes & Cancellations
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. Once the hire date is less than 14 days away, if a product is removed from the quote the client is subject to pay 100% of the hire value.
Cancellations that are made more than 14 days from delivery will receive a refund of any funds remitted, excluding the booking deposit. Cancelled bookings within 14 days of the event date incur a 100% cancellation fee (excluding the delivery and labour expense).
In order to provide you with the best service & availability of equipment, final guest numbers are due 10 working days (excluding public holidays) prior to the Customer’s event. These are the minimum guest and equipment numbers on which we will base all charges; numbers may increase after this point by mutual agreement.
Fore Majeure
For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither the Company nor the Customer will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. The Company may give written notice to the Customer, giving full particulars of such Force Majeure.
The Company shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Customer as a result of any delays caused by such Force Majeure events.
Liability
The Company makes no representation that equipment will be available to meet every order. Availability of equipment to meet each order is subject to the timing of that order. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated, The Company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery.
The Company shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by The Company to the Customer are excluded, to the full extent permitted by law. The liability of The Company resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the equipment to the Customer or the repair of the equipment supplied to the Customer.
Interpretation
"Company" means Simply Seated
"Customer" means the person or persons company to whom the Tax Invoice is addressed and shall include their legal representative, administrators, and successors and or permitted assignees.
"Equipment" means the items hired by the Customer from the Company from time to time.
For the full terms and conditions of hire please visit the Simply Seated website, www.simplyseated.com.au/terms-of-use
ACCEPTANCE Of terms & conditions
The Company requires a valid credit card number in the event of loss and/or damages to the hire Equipment and/or Labour required to carry out the delivery or pick up. The Company reserves the right to pre-authorise the card provided and release the funds after the event or charge the card in the event of loss, damages and additional costs associated with the booking. Upon submitting the form below, the Customer accepts the Company’s Term and Conditions.