Terms & Conditions

1. DEFINITIONS AND EXPLANATIONS

In these Terms and Conditions these words and phrases have the following meanings:

“Acceptance” and “Accepted” means acceptance of the Offer and agreement to Hire by the Hirer.
“Agreement” means the agreement between the Business and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Standard Terms and Conditions and any special conditions.
“Business” means Behind the Scenes Event Hire ABN 55 629 387 999, their employees, sub-contractors or agents.
“Cancellation” means the cancellation by the Hirer of this Contract, which Cancellation must be communicated to The Business by SMS, phone call or email.
“Delivery Address” means, except where otherwise stated in the Special Conditions or in the Agreement to Hire, the Site.
“Deposit” means any sum which is agreed upon as a deposit.
“Dry Hire” means the hiring of the Equipment to the Hirer without the provision of persons to operate the Equipment.
“Equipment” means collectively all the goods and equipment agreed to and separately each item of the goods and equipment designated in the agreement and includes all additional Equipment.
“Hirer” means the company or person the agreement is made with as “the Hirer” and includes where applicable its lawful successors and assignees.
“Offer” means any written offer to hire the Equipment to the Hirer by SMS or email.
“Owner’s Premises” means the premises where the Owner stores the Equipment.
“Period of Hire” means the period for which the Equipment is hired by the Hirer as specified in the agreement, being the period commencing on the delivery of the Equipment to the Site, being the Delivery Address as stated in the agreement and expiring on the Collection Date as stated in the agreement.
“Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment.
“Terms” means these Standard Terms and Conditions which will always be available on the Owner’s website, together with any Special Conditions set out and the agreement itself.
“Venue” means the place where the Equipment is to be used by the Hirer.

2. Hirer’s Responsibility

The Hirer is responsible for:

All Equipment rented from the time of delivery and until the Equipment are collected by
the Business or returned by the Hirer to the Businesses premises.
To thoroughly wash, clean and pack the Equipment in boxes, cartons or receptacles provided by the Business and that all Equipment comprising tables and chairs shall be neatly and properly stacked for collection by the Business. The Business’s employees (including its driver/s) will not re-pack Equipment collected by the Business at the end of the rental period, unless agreed in writing by the Business.
Setting up and packing down Equipment delivered by the Business to the Hirer. The Hire shall bear the sole risk and expense related to and associated with such services.

3. Marquee & Pagoda Hire

Marquees & Pagodas shall be the responsibility of the Business to erect and dismantle – unless agreed upon in writing by the Business and Hirer. In such cases the Hirer shall bear the sole risk and expense related to and associated with such services.
Please see clause 4. for positioning of equipment

4. Positioning of Equipment

The Hirer is responsible for indicating clearly the location of any overhead wires or underground pipes, conduits or other services which may suffer damage occasioned by the transport, assembly or dismantling of the equipment.
The Business will take every care, but shall not be liable for any damage to the site, site access, plants or gardens beds, overhead or underground service or conduit.

5. Rental Rates & Quotations

The Business quotations for rental of the Equipment are subject to an inspection of the site and the erection and dismantling of Equipment, during ordinary working hours (8am – 4pm, Monday – Friday). If site grounds or floors are uneven, the Business may in its sole and absolute discretion impose an additional fee for labour and materials for leveling of the site and the Customer agrees to pay the said fee.
Rental prices quoted by the Business are for a minimum 24 hour rental. The hiring charges are for the agreed period as per the tax invoice or Agreement. If the equipment is unavailable for pick up or return, the Business reserves the right to charge the Hirer for extra time as per the 24 hour rate.
All rental prices quoted are subject to change by the Business in its sole and absolute discretion without any notice to the Hirer.

6. Booking Terms

20% deposit required on Agreement unless otherwise agreed by the Businesses.
Agreement to be paid in full 3 days prior to delivery unless otherwise agreed by the Businesses.

7. Cancellation

If the Hirer cancels the Agreement, the Business reserves the right to charge the following.

20% of agreement – if event is cancelled. The Business will apply the 20% as a credit to be used within a 12 month period unless otherwise agreed by the Business.
25% of agreement – if cancelled 7 – 4 days prior to delivery
50% of agreement – if cancelled 4 – 2 days prior to delivery
100% of agreement – if cancelled 1 day or the day of agreed delivery

8. Bond/Security

All Hirers, unless prior arrangements are made, are required to offer a valid credit card as security and to reserve hire equipment exclusively.
The Hirer authorises the Business to action any charges on that credit card given as security, in accordance with the Business’s policies. The Hirer also authorises the Business to action charges on that credit card given as security in relation to missing, damaged or dirty items.

9. Delivery & Pick Up

Delivery and Pick up of the Equipment is at the Customer’s expense.
The Hirer is responsible for being present to accept delivery of the equipment. The Hirer is responsible for any loss or damage incurred if they arrange Equipment to be delivered without being present or without an authorised agent present i.e. The Hirer is responsible for losses or damage resulting from equipment being delivered to an unattended premises or location as requested by the Hirer.
Quoted charges are for the delivery suburb and for a standard level access of 30 metres to the delivery point from the delivery vehicle. The Business reserves the right to charge the Hirer extra for difficult access which has not been quoted, disclosed or discovered until on site. Difficult access is defined as time consuming factors such as long carry, many stairs, obstructions, uneven ground, narrow passage, overhanging obstructions etc.
Waiting time is also chargeable @ 25 / hour / person.
In the event a Hirer’s order results in any additional / extra labour or overtime by the Businesses employees the related or associated cost and expense for that labour shall be payable by the Hirer to the Business on demand.
The Business will do its best to carry out the Hirer’s delivery instructions but accepts no responsibility for the non arrival or late arrival of any Equipment.

10. Damage to equipment

The Hirer shall be responsible for any loss of or damage to the Equipment for any reason.
The Hirer agrees that at the end of Agreement any Equipment repairs or replacements will be paid in full by the Hirer.
All glassware damage or breakage is charged at a fee of $4.80 + GST per glass

11. Positioning of Equipment

The Hirer is responsible for indicating clearly the location of any overhead wires or underground pipes, conduits or other services which may suffer damage occasioned by the transport, assembly or dismantling of the equipment. The Business will take every care, but shall not be liable for any damage to the site, site access, plants or gardens beds, overhead or underground service or conduit.

12. 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.

13. Liability of Third Parties

The Business will not be liable for any claim for personal injury, death, loss or damage to the property however caused unless it is proved that such injury was caused by faulty material, workmanship or negligence on the part of the Business. The Businesses decision is final in all matters relating to these Terms & Conditions of Hire

14. Rental Agreement

This Rental Agreement supersedes all negotiations and prior agreements, whether
written or oral, in respect of the Business renting the Equipment, or Equipment of a
similar class, category or description, to the Hirer

15. Terms of Offer

For any special celebration affected by NSW imposed COVID restrictions, we will gladly credit any monies paid to a revised celebration date, pending item and service availability. If you cannot confirm a revised date, we will credit all funds paid or your booking deposit, which can be used on any future celebration, pending item and service availability.
*This offer is available for confirmed client orders affected by NSW imposed directives due to the COVID pandemic and is available for one (1) postponement. Should your special celebration require a subsequent postponement, a $150.00 re-booking administrative fee will be charged and is payable at the time of re-booking.
Further charges may incur above the original quoted order. Additional charges may include variance in product pricing, CPI inflation, and/or increased service & labour fees. For example, where delivery, installation and retrieval prices must be reconsidered to cover a higher labour cost or rescheduled events occurring on dates such as Public Holidays.
This offer is not available for events cancelled or postponed due to personal preference. Our standard contract terms apply for order changes made due to personal preference rather than amendments made as a result of NSW imposed directive/s.