TERMS & CONDITIONS

The following Terms and Conditions apply to all sales and services between the Avideas Qld Pty Ltd ABN 52 562 742 904 (The Company) and The Hirer.

1. DEFINITIONS

“Company” is Avideas Qld Pty Ltd
“Hirer” refers to the person(s), firm or corporation hiring Equipment from The Company.

“Equipment” refers to all the Equipment and accessories supplied to The Hirer.

2. QUOTATIONS

(a) Unless otherwise stated, all quotes provided are valid for seven (7) calendar days from the date of issue. The Company reserves the right to adjust the prices in any quotation once the expiry period has been reached. Equipment is hired on a ‘first come, first served’ basis and a quotation does not guarantee the availability of any/all items.

(b) The amount quoted is for one (1) hire of the Equipment only. The Hirer agrees that any and all additional charges for hire loss, hire extension, damages and repairs will be paid by The Hirer.

3. HIRE PERIODS

Hire rates are based on a 1-3 day period. Extended hire periods can be arranged in the original booking stages by The Hirer. The Company will need to check Equipment availability and logistics before approving the Hire Extension. The Company will then provide a quotation for an extended hire period on the request from The Hirer.

4. DEPOSITS, PAYMENTS AND OTHER FEES

(a) A strictly non-refundable deposit of 40% of the total hire/service cost is required to be paid to The Company to confirm The Hirer’s booking. The deposit amount paid will reduce the total bill payable.

Deposits are required for all orders, with the exception of:

i. Orders placed less than thirty (30) days from delivery require full payment to secure the booking.

ii. All Custom Built or Special Purchase Equipment requires full payment at the point of booking to commence manufacture and/or buying process.

(b) Once a deposit has been made, the booking can be adjusted +/- 20% up until twenty-one (21) days prior to the date of the event, excluding custom builds and/or subcontracted Equipment.

i. If The Hirer requests to have item(s) removed from the booking after the deposit is paid and in excess of +/- 20%; the 40% deposit is non-refundable, nor transferable.

ii. Any adjustments to Custom builds and/or Subcontracted Equipment that incur charges will be paid for in full by The Hirer.

(c) In addition to the signing of these Terms and Conditions, payment of the deposit is deemed that this agreement has been read, understood and agreed to.

(d) The Hirer invoiced is liable for all payments and additional damages incurred by The Company. If The Hirer is booking on behalf of another person(s), they accept full liability on behalf of the Third party and all associated costs.

i. If The Hirer requests in writing, for the invoicing and liability to be transferred to the Third Party, this agreement must be signed by the Third Party with full billing and contact details provided for The Company to verify.

(e) The Hirer takes full responsibility that all relevant details and information on the issued invoices are correct including any/all subsequent invoices.

(f) Any Labour required to be undertaken on a Public Holiday will incur additional charges.

i. Labour will be charged at 200% of the standard rate.

ii. Labour will be calculated at minimum four (4) hours per crew member required.

(g) The Total Invoice must be paid fourteen (14) days before delivery or pick up of any Equipment. If The Hirer does not comply with this, Equipment will not be released and the deposit will be strictly non-refundable.

5. DRY HIRE

(a) “Dry Hire” is available on most items and will be permitted at the discretion of The Company.

(b) The Hirer is responsible for pick up and return to The Company Warehouse which is open for collections 9am - 4pm Monday through Friday. Weekend collections are not available.

(c) The Hirer is responsible to organise appropriate labour to load their vehicle. In the event The Company resources are required additional fees may apply.

(d) All Equipment must be transported in a closed vehicle (eg. Truck or Van) with the necessary blankets, straps and ties. Utes, Trailers and Flatbed Trucks may not be accepted.

(e) For Dry Hires; if The Hirer does not provide suitable packing blankets and security straps, a fee of $22 + GST per packaging item required, will be charged prior to Equipment being released.

i. If these are not returned they will be considered as a purchase and a replacement fee will be charged to The Hirer.

(f) All Equipment must be returned to The Company Warehouse on the return date stated. Any late returns must be communicated to The Company and may incur additional extended hire fees.

(g) All Dry Hires incur a minimum $65 + GST fee for Cleaning, Maintenance & Handling.

i. This fee may be evaluated if the number and nature of items wishing to be hired is deemed to be in excess of this amount.

6. CANCELLATION

(a) Booking deposits paid are non-refundable to cancellation, change of mind or change of date. No refund applies to the deposit amount.

(b) In the occurrence that a refund would be deemed eligible, and has been confirmed in writing between The Company and The Hirer; any refunds will incur an administration fee of $95 + GST.

(d) Cancellations made more than fourteen (14) days from delivery will receive a refund of any funds remitted, excluding the booking deposit.

(e) Cancellations made less than fourteen (14) days from delivery will receive a refund of delivery and collection fees only. The remainder of the booking must be paid in full as the cost of Equipment is considered a lost opportunity to The Company.

(f) Strictly no refund applies for Equipment cancelled within 24 hours of delivery, or cancellation on delivery.

(g) Strictly no refund applies to cancellations of Custom Built or Special Purchase Equipment. Full payment must be paid by The Hirer.

(h) Booking deposits are non transferable.

7. FORCE MAJEURE

(a) The Company will not be liable or responsible for any failure to perform, or delay in performance caused by events outside our reasonable control (including but not limited to; adverse weather conditions, pandemic/epidemic, war or acts of terrorism and/or Government directives). In these circumstances, we shall use every effort to notify you as soon as is reasonably practical and attempt to find a solution for The Hirer.

(b) The Company will not be liable for any consequences beyond The Company’s reasonable control.

(c) Any request for refunds or postponements will be referred to The Company's standard Terms and Conditions, unless otherwise agreed upon in writing between The Hirer and The Company.

8. DELIVERY, SET UP AND PICKUP

(a) Any inductions, permits or additional documents required to be supplied by The Company will incur an admin fee of $95.00. All details need to be provided seven (7) days prior to the delivery date. Failure to do this may result in Equipment not being released.

(b) There must be an on-site contact available at all times during the delivery and collection days to sign for both the delivery and collection.

i. The Hirer must provide The Company with the name(s) of this person(s) and appropriate contact details.

ii. Delivery access and permission(s) must be arranged by The Hirer prior to The Company’s driver arriving.

(c) The Hirer must provide clear delivery and pick up instructions at least seven (7) days prior to the event date. These instructions include date, time, location, on-site contact details and any further information which is needed for the delivery and collection of hired Equipment..

(d) If The Company is setting up Equipment, The Hirer is responsible for allowing sufficient time and access to the venue for set up.

(e) It is The Hirer’s responsibility to notify The Company of any access restrictions prior to time of delivery. These can include but are not limited to;

i. Inability to use working lifts

ii. No parking available in Loading Docks

iii. Workplace Health and Safety Threats

iiiv. Delays on-site that exceeds a 1 hour timeframe

v. For reasons out of The Hirer’s reasonable control that force delivery to be rearranged at a later time.

Any associated costs for the aforementioned, will be the responsibility of The Hirer and paid within seven (7) days.

(e) When Equipment is received, it is the responsibility of The Hirer to check the itemised receipt to confirm all Equipment has been delivered. If item(s) are missing from the order and are shown on the receipt, it is the responsibility of The Hirer to inform The Company immediately.

(f) Prices quoted are for delivery at street level. Extra charges may apply for delivery and removal from higher, lower levels or difficult delivery areas.

9. SAFETY & SECURITY

(a) The Company adheres to the laws of the Workplace Health and Safety Act (2011) QLD.

i. The Hirer is to ensure all appropriate safety measures are in place where necessary for the safety of The Company’s delivery and installation team.

ii. The Hirer will undertake any safety inspections required to ensure there are no breaches, and confirm all works are being performed according to standards and specifications.

iii. The Hirer is to ensure that there are strictly no alterations or modifications made to any delivered Equipment by any person other than an employee of The Company.

(b) The Hirer is responsible for taking care when handling any Equipment and is responsible for informing other parties about relevant Terms and Conditions of the Hire.

(c) The Hirer is responsible for notifying The Company immediately in the event of any loss or damage to Equipment. It is the responsibility of The Hirer to cover any additional charge(s) for the lost/damaged Equipment.

10. LIABILITY AND INDEMNITY

NOTE: All stock is used and therefore reasonable signs of wear and tear will show as they are continual hire items.

(a) The Hirer assumes all responsibility for the Equipment from the time of delivery until the time of collection by The Company. The Hirer is liable for all Equipment damaged or lost during this period.

(b) Insurance is not covered by The Company once the Equipment has been delivered or picked up from The Company Warehouse.

i. The Hirer shall maintain at its expense the liability, property and casualty insurance coverage in amount necessary to fully protect The Company Equipment against all claims, loss or damage of whatever nature or type, except to the extent that any claims, loss or damage arises from negligence or any breach by The Company.

i. In no case should the Equipment be used or left outside overnight; in the rain; in windy conditions or exposed to mildew.

ii. Any damage(s) to Equipment left outside will be paid by The Hirer.

(d) If an item is returned excessively dirty or stained, The Company will arrange for professional cleaning, and The Hirer must be responsible for, and pay any relevant cleaning charges within seven (7) days..

(e) If an item is returned damaged but repairable, The Company will arrange for repair, and The Hirer must be responsible for and pay any relevant repair charges within seven (7) days..

(f) If an item is lost or damaged beyond repair, The Hirer must be responsible for and pay for the cost of replacement within seven (7) days.

(g) It is the responsibility of The Hirer to ensure all tableware items are rinsed of food and drinks and repackaged exactly as delivered.

(h) All Equipment must be repackaged and returned back to The Company in the same packaging and boxes provided upon delivery or collection from The Company Warehouse.

(i) It is the responsibility of The Hirer for any “Dry Hires” to arrive with an appropriate vehicle, packing blankets, safety straps to ensure the safe transportation of Equipment.

i. There will be no liability taken by The Company for consequential damages if correct packaging and safe transportation is not undertaken by The Hirer.

ii. The Hirer agrees that The Company has the right to refuse collection of Equipment if they deem the transportation to be unsafe.

(j) In the event that The Company is issued with a fine due to the Instructions of The Hirer, the fine will be payable by The Hirer within seven (7) days.

(k) The Company shall not be liable for any loss or damages arising from the misuse or abuse of Equipment by The Hirer. The Hirer must keep The Company indemnified in respect thereof for any loss or damage(s).

(l) The Company shall not be liable for any damages caused by its Equipment in the event that the venue, room or premises are not cleared to receive The Company’s Equipment.

(m) The Hirer agrees that all charges for but not limited to hire loss, hire extension, damage and repair, legal fees, collection fees or any additional expenses incurred will be borne by The Hirer.

11. TERMS OF TRADE

We Avideas Qld Pty Ltd, agree to supply to its customers with services and/or goods (as referred to in the quotes/invoices) from time to time on the following terms and conditions:

(a) Immediate notification to Avideas Qld Pty Ltd of any alteration to ownership, legal entity or trading style.

(b) Any additions, alterations, extras or variations to that specified shall be in writing. Avideas Qld Pty Ltd shall not be compelled to proceed with the same until any price variation and payment arrangements have been confirmed in writing.

(c) Accounts for the services provided will be submitted at completion of the work and would be payable within the terms specified on the invoice or statement. In addition Avideas Qld Pty Ltd reserves the right to charge an accounting fee of $15 per week on all overdue payments.

(d) No claims shall be recognised by Avideas Qld Pty Ltd unless the claim is made within three (3) days of supplying the goods/services. All reasonable claims so notified shall be recognised, notwithstanding, such complaint, payment for those items acknowledged as correct shall be made in accordance with the agreed terms of trading.

(e) Should collection proceedings at any time be required to enforce payments to Avideas Qld Pty Ltd, We agree to reimburse Avideas Qld Pty Ltd with all costs, disbursements, debt collection agency fees, search fees, solicitors costs and commissions payable to the debt collection agency.

(f) If work being performed is for a Pty Ltd Company then all the directors of the company agree that if payment is not made by their company to Avideas Qld Pty Ltd then all director’s can and will be held personally liable for this account and this will be a continuing guarantee until cancelled in writing.

(g) The applicant hereby grants a licence to Avideas Qld Pty Ltd, their agents, or to an officer of the Courts to enter any premises of the applicants where the goods are situated to re-take possession of and remove the goods in respect of which the title has not passed to the buyer (even if installed).

(h) This agreement is to be construed in accordance with and governed by the laws of the State of Queensland and the parties consent to the jurisdiction of the Courts in the District of the Gold Coast in the State of Queensland.