Le Décor – Terms and Conditions

PLEASE READ CAREFULLY

 

Definitions

  • Owner: means (LE DECOR) (trading as le décor), its employees and agents.
  • Hiree: means the person, firm or company, jointly and severally if more than one, hiring Goods from the Owner.
  • Goods: means all goods supplied by the Owner to the Hiree and includes any services provided by the Owner in delivery, unpacking, installing and collection of Goods.
  • Terms: means these Terms and Conditions of Hire.
  • Site: means the geographical location at which the hired Goods are to be used.
  • Hire Period: means the period from delivery of Goods until the agreed pick-up time of Goods.

 

  1. Basis of Contract
    1. Unless otherwise agreed in writing by the Owner and the Hiree, these Terms and Conditions shall be the only Terms and Conditions on which the Owner will provide Goods and or services to the Hiree.
    2. These Terms and Conditions are accepted by the Hiree upon electronically signing this document.
    3. A written quote for customization of Goods provided by the Owner to the Hiree is valid for 30 days from issue date. Any Terms in the Owner’s quote form part of the Terms of the Contract, and if inconsistent will prevail.
    4. If an order placed by the Hiree is accepted by the Owner, the Owner agrees to hire the Goods to the Hiree for the Hire Period for use at the Site on these Terms.
    5. Goods hired shall at all times remain the property of the Owner.
  2. Hire Charges and variation
    1. Prices listed for the hire of Goods are inclusive of GST.
    2. Prices listed are for use for a 24 hour period unless otherwise agreed in writing by the Owner. All charges are according to time out not time used.
    3. Items will not be reserved without payment. The Hiree has 7 days within invoice issue date to secure items with full payment. If the order is placed less than 7 days from event date, then payment in full is required within 24 hours from invoice issue date.
    4. Public holiday surcharge applies to all bookings on public holidays.
    5. Additional enterprise rates may apply for the hire of Goods from the Owner for use by registered businesses.
    6. Any prices displayed are subject to change at any time, without notice, at the discretion of management.
    7. All pricing displayed on confirmed paid deposit will be honoured.
    8. Payment must be made by Cash, EFTPOS, Credit card or PayPal.
    9. The Hiree agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hiree of its obligations pursuant to these Terms (including legal and debt recovery costs).
  3. Variation, Cancellation and Refund
    1. Unless otherwise agreed in writing by the Owner, the Hiree will not be granted any form of refund on Goods customized for the Hiree’s event.
    2. The hiree may cancel any order 14 days prior to the event and be refunded 100% of payments made to the Owner. For cancellations less than 14 days prior to the event, the Hiree will be refunded 50% of payments made to the Owner. For orders cancelled less than 7 days prior to an event, the balance of the invoiced fee is due in full.
    3. If, through circumstances beyond the control of the Owner, the Owner is unable to provide Goods, then the Owner may cancel any order (even if it has already been accepted) by notice in writing.
  4. Damage to Equipment
    1. Breakdowns or defects in the goods resulting from: proper and ordinary use; or the development of an inherent fault or a fault not ascertainable prior to start of the Hire Period; may, at the Owner’s option, either be repaired or the goods replaced at the Owner’s expense. If repair is impracticable and if replacement goods are not available, the proportional charge for broken or defective goods will be credited to the Hiree and the Owner will not have any other liability to the Hiree.
    2. No relief from hire charges nor any claims will be allowed by the Owner: for damages due to causes out of the Owner’s control including, without limitation, breakdowns, bad weather or site conditions; or the Hiree not informing the Owner of the defect or breakdown immediately it occurs.
    3. The Hiree must not try to effect any repairs on the goods without the prior approval of the Owner.
    4. Damage incurred to rental equipment for any reason whatsoever, except damage caused by reasonable wear and tear, require the Hiree to pay the full replacement cost of the goods damaged.
  5. Delivery, Assembly of Goods, and Site of Use.
    1. By placing their order, the Hiree must ensure they have a suitable, sheltered, flat, space to accommodate the Goods ordered. The Hiree may use the Goods outdoors if weather permits during the Hire period, but must have an alternative sheltered area for use on the Site, should poor weather conditions prevent outdoor use.
    2. The Hiree must not try and move the Goods by themselves.
    3. The Owner will only accept bookings within the Sydney Metropolitan area, unless otherwise agreed in writing. The boundaries of theSydney metro areaare defined as the Hawkesbury/Nepean River in the north/north west, and then the outer boundaries of the City of Penrith, Camden Council, the City of Campbelltown and Sutherland Shire.
    4. Time of delivery and collection:
      1. Deliveries are scheduled Monday-Friday 6.30pm-9.30pm and Saturday-Sunday 8.30am-5.30pm unless otherwise agreed by the Owner in writing.
      2. For weekend events, we may deliver as early as Thursday. If you are scheduled for a Friday delivery, we may call you at the beginning of the week and move the delivery day up according to our workload or weather conditions.
      3. Pickups scheduled for Monday may be pushed back to another day. Your flexibility is greatly appreciated. Keep in mind the safety of equipment is the Hiree’s responsibility from time of delivery to the time of pickup.
      4. If collection is scheduled after 11.59pm then the Hiree will be required to pay an additional charge of $50.00.
    5. The Hiree must be present at time of delivery to sign the rental, though there is a waiver that can be signed if customer will not be there for delivery/ pickup giving complete responsibility for all equipment rented.
  6. Responsibility of Hiree
    1. The Hiree bears the responsibility of the equipment for the period of delivery of the goods until the pick-up of the goods.
    2. The Hiree assumes responsibility for proper care of all rental items and agrees to pay for damages or loss of the goods, regardless of cause, except reasonable wear and tear.
    3. The Hiree is responsible for counting and inspecting items when delivered/picked up. Otherwise amounts delivered/picked up will be considered correct with signed contract.
    4. The Hiree is responsible for returning items at designated return time or will be charged a late fee.
    5. The Hiree must use the goods in strict conformity with the goods’ instructions and specifications and must not try and move the good by themselves.
    6. The Hiree is responsible for providing safe and proper access to and at the Site. The Hiree is liable for all injury, loss or damage suffered by the Owner, its employees or agents while at the Site.
    7. The Hiree agrees to have a confirmed credit card on record with us at all times the hire period. The Hiree authorized the Owner to store your credit card information and to charge all sums due to us at any time during the term of this agreement, including damages, non-returned items, and late returns.
  7. Release and Indemnity
    1. The Hiree hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third party claims, actions, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hiree.
  8. Default and Termination
    1. If the hiree breaches any terms of this Agreement, then the owner may:
      1. Require immediate payment of all money hich would become payable by the Hiree to the Owner at a later date on any account, without further notice;
      2. Charge the hiree for the cost of repairing or replacing any lost, damaged or destroyed goods;
      3. charge the Hiree for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;
      4. claim damages from Hiree for breach of the Hire Contract; and/or
      5. Cease or suspend, for such period as the Owner thinks fit, the supply of any further goods to the Hiree.