These are the terms and conditions subject to which we (Cuvee Perth Event Hire) allow you (the hirer) to hire our equipment (including all items that we offer for hire) and/or provide styling services. By signing this agreement, paying us any fees or taking possession of our equipment you agree to be bound and it will be deemed consent to these terms and conditions.

 

1. We own the equipment and hire it to you for the hire period, for a fee detailed in the Quotation and Hire Agreement. You may not deal with the equipment in any way which is contrary to our ownership of it.

2. The Hire Agreement and the quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us.

   1. By consenting, you accept the terms set out in the Hire Agreement and quotation.

3. Equipment must only be used at the site or sites (the site) specified in the Hire Agreement and may not be sub hired without our consent.

4. Equipment must only be used for its normal function as determined by us.

5. Risk in the equipment passes immediately to you when the equipment leaves our possession and you are responsible for care of all items. You remain responsible until the equipment is safely returned to our possession.

   1. Leaving our possession is defined as when you or a representative physically come in contact with equipment at our facility, you interfere with the item during our set up at the site, we communicate that we have completed set up at the site or we leave the site.

   2. Returned possession is when we formally acknowledge that all equipment is returned to our facility or we commence pack up at your site.

   3. Interfering with our pack up will be deemed interfering with our possession and further acceptance on your part of risk in the equipment.

6. Any damage or loss, including replacement, repair or cleaning, of equipment during the hire period will be the financial responsibility of the hirer, except in the case of a manufacturing fault. Damage liability includes damage due to weather or other natural events.

   1. Any damage discovered after a hire period will be deemed to have been the responsibility of the most recent hirer, up to three months post hire.

7. Theft or damage by third parties must be reported to us immediately.

8. All equipment must be returned in a reasonably clean manner as determined by us.

   1. Blackboards must be free of all writing and dust.

   2. Equipment must not be covered in rice, confetti, glitter, wax, pen, marker or similar foreign objects that were not on the equipment prior to hire.

   3. Fabrics are not to be cleaned by the hirer without our written permission.

   4. If unsure of the state of cleanliness required for each piece of equipment or the method of cleaning you must contact us for instructions.

   5. All damage during cleaning for equipment while in your possession will result in fees being passed on to you as specified in clause 6.

9. It is the responsibility of the hirer to confirm the condition of all equipment is undamaged and present at the time of pick up, delivery or set up as detailed in the quotation.

   1. If there is a defect, incorrect or missing equipment we must be notified within one hour of you gaining possession. After this time, it will be taken as agreement that the equipment provision requirements of this agreement have been met.

   2. We will not be liable for any loss due to equipment covered by this clause.

10. If equipment fails during the hire period we will endeavour to repair or replace the equipment. If the equipment failure is not proven to be a manufacturing fault, clause 6 will apply.

11. It is the responsibility of the hirer to have an adverse weather plan in place. All equipment must remain protected and any items that are not useable due to weather will still incur the full hire fee.

    1. If equipment is in your possession overnight, it must be covered or brought inside/undercover to protect from the elements and dew.

12. If a bond is requested in the quotation in addition to the deposit, this will be held as security against damage to the equipment until all equipment is returned in a satisfactory condition.

    1. If we deem any damage to our equipment has occurred during your hire period, you authorise us to use the bond to restore equipment as detailed in clause 6. This does not limit your liability and all restoration costs above the amount of bond held remain the responsibility of the hirer.

13. All deposits and bond must be paid within 2 business days of booking or immediately if the hire period will commence within two weeks. We reserve the right to cancel any booking when this does not occur and charge for all costs to that date.

14. All hire and service fees must be finalised two weeks prior to the hire period commencing. We reserve the right to cancel any booking when this does not occur and remove all costs to that date from the deposit and refund the balance to the hirer.

15. If you elect to pick up the equipment from our facility, no assistance will be provided to load or unload the items. This includes no mechanical aides.

16. If we agree to deliver the equipment to the site for your set up, the hirer or an approved representative must be at the site to accept delivery of the equipment. No equipment will be left unattended.

    1. If delivery cannot be completed during the first attempt, all additional costs for additional attempts will be the responsibility of the hirer.

17. Delivery and collection of equipment is quoted to be kerbside drop off and pick up. Additional costs may be incurred to leave or collect items that are not by the kerbside.

18. If set up or pack up is to be undertaken by us and cannot occur at the time specified in the quotation due to any party other than us, additional fees may be incurred by the hirer at our discretion.

19. If we are not able to provide equipment at the time specified in the quotation or variation, we will not be liable for loss incurred by the hirer.

20. If equipment is returned after the hire period has concluded, the full daily hire fee will be payable for each day or part thereof that the return is delayed.

    1. If equipment is not returned within 2 business days of the hire period, the hirer will be liable for the full cost of replacement.

21. The hire or service detailed in the quotation may be cancelled by the hirer at any time in writing.

    1. If the hirer cancels the hire and/or service, all costs incurred to date including consultation and contractor fees will be deducted from the deposit and the balance will be invoiced if above the deposit amount.

       1. In addition, cancellation by the hirer with less than 2 weeks to 3 days’ notice prior to the hire period, 25% of the quoted fee will be payable by the hirer.

       2. 27.1.2. Cancellation less than 3 days prior to the hire period will result in 50% of the hire fee being payable by the hirer.

22. This agreement will be terminated once all fees have been paid to us and all equipment returned to our warehouse.

    1. It may be terminated in writing by us at any time without liability for loss to the hirer or any third parties.

23. Variations may be made to this agreement in writing with the consent of both parties.

    1. Any increase in the final invoice due to variations less than 2 weeks from the event, must be paid in full at the time of variation in order to give the variation effect.

24. Electronic communication in the form of email is an accepted form of written communication for this agreement.

25. All warranties, conditions and terms implied by statute or common law are excluded from this agreement as permitted by law to the fullest extent.

26. No verbal agreements or advice form part of this agreement.

27. We make no warranties that items are fit for purpose.

28. We are not liable for any injury, death or other damage that arises from the use of our equipment or the actions of the hirer.

29. If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement.

30. Any disagreement is to be attempted to be resolved by mediation at the hirer’s expense prior to legal proceedings being commenced.

31. Failure to comply with this agreement by Cuvée Perth Event Hire that is out of our reasonable control will not render us liable for loss to the hirer or third party.