1. Company/we/us/our refers to Party by Design.
2. Customer/you/your refers the person who requested the Package as named below under Party Package Details “Party Package”
3. When the word Equipment is used it refers to the products hired. Services refer to the package that includes both the equipment, delivery and setup as requested by the Customer from the Company. Contract means the contract between the Company and the Customer who is hiring the Equipment or Service.
4. Date of the contract means when the hiring of the Equipment or provision of the Service is required by the customer and continues until the Date shown below (Return/Collection Date)
5. Package Cost refers to price of Equipment or Services as agreed between the Customer and the Company.
Terms and Conditions
We agree to hire the Equipment described below to you on these Terms and Conditions of Hire
1. Upon receipt of instructions or confirmation by way of payment of the deposit received by the Company from the Customer for the supply of Equipment or for services required, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
2. You will pay the Package Cost in return for the hiring of Equipment or request of Service from us. This price shall be as indicated on invoices provided by the Company to the Buyer
3. A Deposit totalling 50% of the Package cost is required by the company within 48 hours of the confirmation/instruction of the equipment or services required by the customer. This deposit is non refundable at the point 4 weeks prior to the Date required.
4. If the deposit of 50% is not received within 48 hours of the receipt of instructions or confirmation received by the Company from the Customer for the supply of Equipment or for services required
5. The Final payment of 50% of the package cost by the customer to the company is required 2 weeks prior to the Date required.
6. The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
7. If the Equipment is returned or unable to be collected at no fault of the company later than the Return/Collection (without our agreement in writing) the Equipment will be automatically recharged at the current rate
8. Once the Equipment is Collected by the customer or delivered by the company you are solely responsible for any damage or loss until the equipment is returned to the company or collected by the company.
9. If a Service/Setup is requested you are solely responsible for any damage or loss once the company leaves your premises
10. At the point of collection by the customer or delivery by the company you are responsible for inspecting the equipment. A product list tallying all the equipment will be provided. This will be checked and signed by both customer and company. Any damaged products will be noted. At the collection by the company or return by the customer the product list will once again be checked for loss or damage and signed by both customer and company.
11. We do not represent that the equipment is new but that it is suitable for normal use.
12. Any costs incurred by the company that results from an overdue account will be payable by you, including debt collection costs and interest on the amount due from the due date until the date of payment, at a rate equal to the current overdraft rate that we have with our principal banker.
13. You will take all proper care of the Equipment supplied the equipment will be protected from damage or harm. On return/collection of the equipment you will notify us of any loss or damage
14. You are responsible for the loss or damage of any items of Equipment.
15. If any of the Equipment is damaged you will pay the cost of repairs, however if the equipment is unable to be repaired or repair costs more than replacement then you will pay for the cost of replacement. If the Equipment is lost prior to collection or return then you will pay us the cost of replacement.
16. A $100 bond is required from the date of hire to cover damage or loss to any of the equipment provided. Please allow 2 days from our agreed date for return by customer or collection by company for your hired items to be inspected and bond be refunded if no items are damaged or lost
17. You agree it is your responsibility that all children using the Equipment are properly supervised at all times by their parents or caregivers to prevent injury while using the Equipment.
18. You acknowledge that the Company is not at fault for any injury that occurs from our equipment. Nor are we responsible for any liability you incur from the use of the Equipment.
19. You agree that the company is not held liable for any loss or damage whether direct or indirect, which occurs as a result of your use of the Equipment and you will indemnify us against any claim by a third party in respect of any loss,damage, injury or liability arising out of this hiring or from the use of the Equipment by, or on behalf of you.
20. You acknowledge that agreement is personal to only you and may not be allocated to anyone else. You agree that you will not sublet the Equipment to any other party.
21. You as the customer give the company, our employees or any other agents to enter the premises where the equipment is, even if this is at a location different from the address provided below and take possession of the equipment.
22. You acknowledge that this agreement may be terminated by the company without notice and at our discretion if we feel the following occurs
1. The Equipment is not being properly used, or
2. The Equipment has been mistreated, or
3. The Equipment is not being kept properly secure, or
4. The Equipment may be lost, or
5. The Hire Charges or any other money due to us are not paid on their due date, or
6. You have committed any breach of this agreement
23. If we terminate this agreement, you agree to advise us immediately of the whereabouts of the Equipment and to assist us, our employees and/or agents to recover possession of the Equipment.