Terms and conditions of rental
‘Company’ means Twilight Event Hire pty ltd.
‘Client’ is the person hiring the Equipment from the Company.
‘Equipment’ is the equipment and other materials specified on the Invoice and nothing else.
‘Period of Hire is the period between completing the set up of the Equipment and beginning the dismantling.
‘Hire Charge’ is the amount payable by the Client to the Company as specified on the Invoice.
‘Invoice’ is the invoice or invoices issued by the Company to the Client in relation to the Run Sheet.
‘A deposit’ is required up front per booking. Once paid the booking is secured.
‘Full Balance’ is due 28 days prior to your event date.
‘Third Party Supplier’ is a company or individual not owned directly by the Company and shall not form any party of a contractual obligation between the Company and the Client.
‘Third Party Equipment’ is equipment owned, maintained and supplied by a Third Party Supplier.
All such equipment shall not be the responsibility of the Company.
Unless stated in writing all orders are accepted subject to the Terms and Conditions of hiring stated below and by the Client making payment is deemed to have acknowledged and accepted this.
We reserve the right to amend our website and our terms and conditions at any time, without prior notice.
THE COMPANY UNDERTAKES:
- To deliver the Equipment and proceed to erect / deliver it on or before the set-up date shown as stated by Twilight Event Hire pty ltd
- To dismantle and or remove the Equipment from the site on or after the dismantling date as stated by Twilight Event Hire pty ltd.
THE CLIENT UNDERTAKES:
- To pay the deposit and to pay the final balance in accordance with the Invoice.
- The Company reserves the right not to provide the equipment should payment not be received on time.
- To provide the Company with either a plan showing the position in which the equipment is to be erected / delivered, all underground services and any apparent obstacles, or to make available a representative on the site for that purpose. In the absence of both, the Company will erect / deliver the equipment in what is deemed to be the most suitable place. In any event, the Client and not the Company will be responsible for any damage to underground cables or pipes.
- To obtain permits from any authorities who are or may be concerned and to make application where necessary to the Planning Authority, Local Council, District Surveyor, Police, Fire Brigade and any similar authority or organisation. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Company by the Client.
- Where appropriate to obtain a licence from the Local Authority. Any requirements under the licence must be notified to the Company in writing, at least 28 days prior to erection. Should the Company for any reason be unable to comply with these requirements, then the Client shall be notified and the Contract shall be deemed to have been cancelled by the Client.
- If any part of the Equipment includes electrical apparatus the Company will supply power leads to within 20 metres of the Equipment. Power supply will need to be organised by the Client.
- Not to enter the Equipment whilst it is being erected or dismantled by the Company.
- Not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of the Company.
- Not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Equipment without the prior written consent of the Company.
- Not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without the Company’s prior written consent.
- Supply a power source or suitable generator to power the equipment hired.
- Contact the Company immediately if you notice any unsecured parts of the structure.
- Ensure that the equipment hired is used in line with current COVID-19 guidelines. The client shall indemnify Twilight Event Hire pty ltd from any complaints, fines or proceedings that may arise from the misuse of the equipment.
- The Hire Charge is based on the assumption that the Client provides or hires a firm, level and penetrable site of turf (or some other material not impervious to stakes and able to absorb rainwater). The site must be served by a firm access road adjacent to the site with adequate hard standing for commercial vehicles that is free from flooding, power lines, trees and overhead obstruction. If this is not the case or if the Client wishes the Company to erect the Equipment in a different position on the site to the one indicated by the Client to the Company at the time of booking, any additional costs incurred by the Company shall be paid by the Client.
- If there are underground services, such as water lines / sewerage / irrigation, they need to be clearly marked out with tape / spray paint by the client so these areas can be avoided.
- The company requires flat, level, penetrable ground to set up and take down of the structures
- In the event of very severe and extreme weather conditions where it is unsafe to set up the equipment the Company reserve the right to cancel. The company would do everything possible to avoid cancelling by being flexible with set up times and dates and providing extra reinforcements for the equipment. In the event of cancellation by the Company due to extreme weather conditions, the client shall receive a refund of monies paid minus the deposit.
LOSS OR DAMAGE OR EXCESSIVE SOILING
- The Client shall throughout the period of hire be responsible for the maintenance and safe custody of the Equipment.
- The Client must be satisfied with the Equipment before use and should notify the Company of any miscounts, incorrect deliveries or unacceptable Equipment before use.
- The Client shall be responsible for and indemnify the company against any loss of or damage to all hired equipment whatsoever the cause.
- No smoking is allowed inside the Equipment. The Client is liable for any damage or extra cleaning required due to smoking inside the Equipment.
- All waste, rubbish, food, glassware, crockery and other items or equipment belonging to third party suppliers must be removed from inside the Companies equipment before the agreed bump out date. If the Companies agents or contractors have to remove third party supplier equipment up on pack down an hourly cleaning / labour fee will be incurred.
- The client is strongly advised to provide event / wedding insurance in their name for the hired equipment at least 28 days prior to the delivery date of the equipment.
- If a Damage Waiver Fee is included on the paid Invoice the above clauses 5c and 5d will not apply but the client will remain responsible for the first $500 of any loss and for any loss or damage resulting from their negligence or legal liability.
- The Hire Charge does not include fixing any repairs to the Site unless caused by the negligence of the Company’s agents or contractors.
- All sums payable under this agreement unless otherwise stated are inclusive of GST and other duties or taxes.
EXCLUSION OF LIABILITY
- The Company will make every effort to complete the erection of the Equipment on or before the Set Up date as agreed between the company and the client provided that the Client has complied with the undertakings set out above. If the Equipment is not erected on or before the Set Up date shown as agreed by the company and the client, the client shall have the right to withdraw and the Company shall return all monies paid. If the Equipment is not erected because of delays due to weather or other circumstances beyond its reasonable control the Company shall be liable to refund all monies minus the Deposit and shall not be liable to pay further compensation to the Client.
- The Company will take all reasonable care to avoid damage to the Clients’ own equipment but cannot be responsible for any loss suffered by the Client unless it is a result of the negligence of the Company’s agents or contractors.
- The Company shall take no responsibility for the failure, breakdown, loss, theft or damage to ANY Third Party Equipment. This specifically includes generators, lights, toilets and PA systems. Whilst Third Party Equipment might be included on the Company’s Booking Form, it is agreed between the Company and the Client that the Company is exempt from any contractual obligation or indemnification resulting from breakdown, failure, theft or loss of equipment provided by a Third Party Suppler. The client will comply with the Terms and Conditions of Hire specific to the Third Party Equipment supplied by the Third Party Supplier.
THIRD PARTY LIABILITY
- The Company will not be responsible for any claims of injury to persons or loss or damage to property however caused, unless it be proved that such injury or damage was caused by faulty material, workmanship or negligence on the part of the Company.
DELIVERY, SET UP AND PACK DOWN
- The Client will be responsible for all delivery charges including petrol, tolls and labour in respect of the delivery and pick up of the equipment. If the equipment is returned to the Company due to breakdown or failure caused solely by reasonable wear and tear and not by the hirer’s negligence or misuse, the Company will pay for the delivery charges. Delivery charges will be quoted to the client and invoiced before the event takes place. The delivery fee quoted will be inclusive of all transportation, fuel, accommodation (if applicable) and labours costs.
- If the Companies agents or contractors are required to work over multiple days to set up and / or pack down the Equipment, the Client must ensure there is suitable onsite access to toilet and shower facilities. If facilities cannot be provided, alternative accommodation costs will be paid for the Client.
BOOKINGS & CANCELLATIONS
- To secure a Twilight Event Hire pty ltd equipment hire the Client will be required to pay a non-refundable deposit, which is a percentage of the total hire cost. You will be offered a credit to use within 12 months of the original hire date, should you choose to postpone. If you wish to cancel your booking entirely no refund will be given.
- Full payment is required from The Client 28 days prior to the event.
- We strongly advise that all clients take out separate travel, event and or wedding insurance.
We reserve the right to hold certain information about you (in accordance with the Privacy and Data Protection Act 2014) for the following purposes:
- To send updates regarding the status of your orders
- To send newsletters and details of offers and promotions in which we believe you will be interested.
- Your details will not be shared with 3rd parties.
- You agree to allow Twilight Event Hire pty ltd to use any photographs and images taken to be used for social media and marketing material.
This contract will be governed by the laws of Australia
COVID- 19 POLICY
In light of the current uncertainty that we are all facing we are working with our clients to be as supportive and flexible as possible.
Please see a summary below of what we are implementing to assist you:
If you are required to postpone your booking date due to COVID-19 restrictions i.e. limited numbers on gatherings, government lockdown or government imposed rules we will:
- Offer you a credit / gift voucher – We will work with you to find another suitable date (this will be subject to availability).
- Alter your hire requirements – If your plans change i.e. a change of venue, guest numbers or you would like to hire different equipment then we will allow you to use your credit to hire other items and or move event location (subject to availability and additional delivery / travel costs may be incurred)
Details to note:
- If you postpone your event you are still required to pay the outstanding balance by the original due date (28 days prior to your event)
- If you choose to postpone your hire for a second time then you will be required to pay a 5% administration fee
If you are worried or you have any concerns about your event then please contact us and we can discuss how we can help.