Terms & Conditions

1. Definitions. In these terms the following terms have the following meanings:
“Contract” means the contract to hire the Equipment, constituted by the Order,
these Terms, any Special Terms and such other documents or written
communications which evidence the agreement between the Owner and the
Hirer;

“Equipment” means all property including but not limited to all props, designs
drawings, packaging & road cases, photographs & pictures and intellectual
property which the Owner agrees to hire to the Hirer;

“Hirer” Including their officers, agents, servants, employees and contractors
means the person hiring the Equipment from the Owner;

“Owner” means the company which supplies the Equipment to the Hirer,
being PJ Event Decorators Pty Ltd ABN 45 104 627 214

“Hire Period” means the period for which the Equipment is hired, as shown on
the Order or subsequently agreed between the Owner and Hirer;

“Order” means the form used by the Owner for the placement of orders to hire
Equipment;

“Special Terms” means any terms (other than these Terms) which are
specified in the Order, or subsequently agreed in writing between the Owner
and Hirer; and “Terms” means these terms.

“Damage Waiver” means a non-refundable amount paid by the Hirer to cover
reasonable wear and tear of Equipment.

2. Application of Terms. These terms apply to all Equipment hired by the Hirer
from the Owner. If the Special Terms are inconsistent with these Terms, the
Special Terms prevail to the extent of any inconsistency.

3. Ordering and Acceptance. The Hirer may offer to hire the Equipment by
delivering an Order to the Owner. The Owner accepts the Order when the
Hirer delivers signed confirmation to the Owner
a. All confirmations are subject to availability at the time confirmation is
received by the Owner.
b. Late confirmations will incur additional charges, accordingly to the
following schedule:
– Seven (7) days out from the event 10% surcharge of total order.
– Three (3) days out from the event 15% surcharge of total order.

4. Production costs. If Equipment is required to be specially produced for the
event the Owner reserves the right to collect partial or full payment of the
Equipment being produced prior to commencement of production.

5. Payment.
a. Non Account Hire. The Hirer must pay 25% deposit within seven (7)
days of order confirmation to authorise the Owner to proceed with the
official order. Full payment of the order is due fourteen (14) days prior to
the event.
b. Non Account Hirers agree to provide the Owner with their credit card
number, expiry date and any other information that may be necessary to
debit the Hirer’s credit card for possible missing and damages post
event. The Hirer hereby authorises the Owner to debit the Hirer’s credit
card with the amount shown on all outstanding invoices if the Hirer has
not paid that amount within seven days post event, including any loss or
damage occasioned by the neglect of the Hirer.
c. Account Hire. Payment terms are Strictly 7 days net. Payment must be
received within seven (7) days of the Hirer taking delivery. The owner
reserves the right to charge Interest thereafter on the account
outstanding at the rate of eleven (11) per cent per annum calculated on
a daily basis and such interest shall be payable on demand. The Owner
reserves the right to vary this rate (from time to time) without notice.
d. Event Expos. Payment terms are Strictly 50% deposit on receipt of
confirmation of the authorised order and balance due fourteen (14) days
prior to the event.

6. Credit Card Payments. All credit cards payments are subject to a 2% + GST
merchant fee, except AMEX – 3% + GST

7. Cancellations are subject to the following schedule:
a. 100% of the Order for cancellations within thirty (30) days of delivery or
pick up.
b. 50% of the Order for cancellations thirty one (31) days to sixty (60) days
prior to delivery or pick up.
c. 25% of the Order for cancellations sixty one (61) days or more prior to
delivery or pick up.
8. Variations & Amendments. The Owner provides an obligation free quote.
The first variation to the confirmed order is free of charge. The Owner
reserves the right to charge the Hirer an administration fee of $150.00
(exclusive of GST) for each and every amendment to the order thereafter
unless the following applies:

General Hire
a. Seven (7) days out from the event 10% surcharge of total order.
b. Three (3) days out from the event 15% surcharge of total order.

Signage
a. Five (5) days out from the event 25% surcharge will be applied to the
signage component of the order.
b. Three (3) days out from the event 50% surcharge will be applied to the
signage component order.

Custom Built
a. Fourteen (14) days out from the event 25% surcharge will be applied to
the custom built component of the order.
b. Seven (7) days out from the event 50% surcharge will be applied to the
custom built component of the order.

Textiles
a. Fourteen (14) days out from the event 25% surcharge will be applied to
the textiles component of the order.
b. Seven (7) days out from the event 50% surcharge will be applied to the
textiles component order.

9. Late Returns. The Hirer must pay the Owner for all items returned after the
return date as outlined on the Order /invoice the full cost equal to one day’s
hire charge for each and every day late until delivered to the Owner.

10. The Hirer agrees:
a. Through the period of hire to maintain the Equipment (including
packaging and road cases) and to return Equipment in the same
condition as it was when the Hirer first took possession.
b. To be responsible for all damage to equipment caused by the weather
including but not limited to rain, hail, and wind.
c. Promptly to pay all charges in accordance with the terms set out herein
irrespective that no demand shall have been made by the Owner.
d. To return all Equipment promptly to the Owner at the end of the hire
period, without any requirements by the Owner to make demand in
relation thereto.
e. To permit (and obtain permission) for the Owner and any of its officers,
servants and agents to enter the premises where the Equipment may be
located and (without prejudice to any other claims or rights as the Owner
may have to damages or otherwise) to inspect the Owner’s Equipment
or to permit the repossession by the Owner of the Equipment if the
Owner determines that any breach of the terms or conditions of the hire
has been committed.
f. All expenses, costs or disbursements incurred by the Owner in
recovering any outstanding monies, including debt collection fees and
Solicitor costs, shall be paid by the Hirer.
g. Where the Owner agrees by special arrangement to deliver Equipment
to a person, (whether or not an officer, servant or agent of the Hirer and
whosoever identified), nominated by the Hirer, that person shall be
deemed to be the authorised agent of the Hirer for all purposes of the
contract and be bound by these terms and conditions without releasing
the Hirer named herein from being personally and severely liable
hereunder.
h. To be responsible for all loss or damage whatsoever or howsoever
caused to any person or property in relation to the Equipment or the use
thereof and without limiting that responsibility, the Hirer shall be liable to
effect public risk insurance in relation to the Equipment for the duration
of the period of hire.
i. To not assign either the Equipment in this contract or any obligation as
to payment hereunder to any person without prior written consent of the
Owner, which consent may be withheld absolutely and in any event any
consent shall not release the Hirer named herein from liability.

11. Indemnity. The Hirer indemnifies the Owner, its officers, employees and
agents against all Claims the Owner incurs as a result of: the Hirer’s
negligence; the Hirer’s breach of the Contract; the Hirer’s breach of any
warranty contained in these Terms; the Hirer’s breach of any law; preparation
of the Site for delivery or installation of the Equipment; the Owner’s entry
upon the Site; the delivery, installation, inspection, use, dismantling and
collection of the Equipment.

12. Owner Not Liable. The Owner is not liable to the Hirer for, and is released
from liability in respect of: failure to deliver or delay in delivery for any reason
including, without limitation: Act of God, lightning, fire, flood, explosion; Strike,
lock-out or other labour difficulty; failure to have the Equipment ready for
collection when the Hire Period commences; failure to deliver the Equipment
in accordance with the delivery instructions; loss, damage or injury to any
person, property, animal or thing resulting from the delivery, installation,
inspection, use, dismantling and collection of the Equipment; the break down
or failure of the Equipment; failure to provide Equipment of the type and in the
quantity specified in the Order; and defects in the installation of the
Equipment at the Site.

13. Damage Waiver – Compulsory. Damage Waiver is not insurance or a
substitute for insurance. It is non-refundable fee of 5% of the rental charges
for the Equipment and billed on the rental invoice to your rental charges. The
Damage Waiver covers reasonable wear and tear of the Equipment. The
Damage Waiver does not cover Damage resulting from misuse or abuse of
the Equipment, negligent acts or omissions of the Hirer, failing to maintain the
Equipment or during transport loading/unloading. It is the Hirer responsibility
to maintai the condition and safekeeping of the rental Equipment and may be
liable for any Equipment which is lost, stolen or damaged during the rental
period.

14. Damage & Loss. The Hirer shall be responsible for any loss or damage to
any of the Equipment arising during the time from when the Hirer is deemed
to have taken delivery of the Equipment until the Hirer returns the Equipment
to the Owner. The Hirer agrees to pay full replacement costs for any
Equipment lost or considered by the Owner as being irreparably damaged.
Such payment shall be made by the Hirer within seven (7) days of such loss
or damage coming to the attention of the Owner.

15. Copyright. The Hirer acknowledges that copyright in all designs, drawings,
proposals and other material produced by the Owner or any of its consultants
in connection with this Contract remains the property of the Owner (or its
consultants as the case may be). The Hirer must not infringe copyright in
respect of that material.

16. Governing law. The Contracts are governed by and will be construed in
accordance with the laws of New South Wales.