Over The Moon Lighting

Terms & Conditions

 

Definition

In these Terms and Conditions of hire, ‘The Company’ means Everfair WA Pty Ltd (trading as Over The Moon Lighting), ABN 52 154 852 570 including its sub-contractors, agents and authorised employees. ‘The Hirer’ means the person, company or agent of The Hirer on the tax invoice hiring The Equipment from The Company. The person who signs for The Equipment warrants that they have the authority of The Hirer to sign for on their behalf. ‘The Equipment’ means the goods hired as they appear on the tax invoice, for the function, event or purpose, for which the goods are to be used. ‘The Agreement’ means the Hire Agreement or Hire Contract / tax invoice between The Company and The Hirer of The Equipment.

Agreement

By making payment or part-payment for The Equipment, The Hirer agrees to have read, understood and be bound by these Terms and Conditions. All equipment hire is subject to the Terms and Conditions of Hire as printed hereon. They will bind The Hirer.

Ownership

The Equipment supplied for hire remains the property of The Company.

Inspection

The Company’s policy ensures that all hire equipment is thoroughly checked, counted and cleaned prior to delivery or collection from their premises. It is The Hirer’s responsibility to check all of the ordered hire equipment upon delivery or collection and to notify The Company of any breakages or missing items within 2 hours of receiving the goods/hire equipment. The Hirer acknowledges that it is aware of the proper use for which the goods/hire equipment are designed, has inspected the goods/hire equipment, and expressly agrees that the goods/hire equipment are:

a) in clean condition;

b) in satisfactory working order/fit for purpose; and

c) of the quantity and specifications as ordered.

Payment

Payment by The Hirer is due in full seven (7) days prior to the booking date or, if agreed upon, prior to delivery or collection of the goods. The Company reserves the right to withhold deposit if payment has not been received prior to delivery. An extra delivery charge will apply should The Company be required to re-deliver as a result of non-payment on delivery.

Payment methods include Electronic Funds Transfer (as per the bank details on the invoice), cash and credit card (which incurs a small surcharge which is advised prior to payment). EFT confirmations can be emailed to info@overthemoonlighting.com.au for faster processing.

Hiring Charges

All hiring charges are valid for a 24 hr hire period, unless otherwise advised by The Company or arranged by The Hirer. Equipment not returned within the specified period shall be charged at The Company’s hire rate.

If The Hirer wishes to extend the hire period, they must advise The Company, prior to completion of the hire period, unless agreeable arrangements have been entered into. Payment for the extended period of hire must be paid in advance up to and including the time when The Hirer advises The Company that the hire period has ended and then returns or arranges for The Equipment to be picked up from the delivery site (or otherwise agreed location). The Company reserves the right to amend or revise its rate or prices without notice.

Postponement

If The Hirer chooses to postpone the hire of The Equipment, charges shall apply as stated in the ‘Cancellation’ clause below.

Cancellation

If The Hirer cancels The Agreement prior to the commencement of the stated delivery date, The Company reserves the right to keep any deposit paid.  Where equipment, labour or installation services have been specifically reserved for an event date, The Company reserves the right to charge reasonable cancellation fees to recover costs incurred and loss of booking opportunity.

Order Reductions / Increases

Hire quantities may be increased or reduced up to 14 days prior to the event, subject to equipment availability.  Within 14 days of the event date, The Company reserves the right to charge for the originally confirmed equipment quantities and services booked.  Additional equipment requested after final confirmation is subject to availability and cannot be guaranteed.

Delivery, Setup and Collection

Unless otherwise stated on the invoice, delivery, pick-up and setup charges are additional. Any quoted charges are based on the delivery suburb and standard level access, with a maximum distance of 50 metres from the delivery vehicle to the delivery point.  There must be a site contact available at all times during the delivery and collection periods to sign for both delivery and collection. The Hirer must provide The Company with the name and contact details of this person.

Delivery access must be arranged by The Hirer prior to the driver’s arrival.  Additional fees may be charged where equipment is not accessible for collection at the agreed time, where site access is delayed or restricted, or where additional labour is required due to circumstances beyond The Company’s control. Any such costs will be invoiced to The Hirer.  If The Company staff are setting up equipment, The Hirer is responsible for ensuring sufficient time and access to the venue.  An additional fee may be charged if The Company is required to employ additional staff due to time restrictions at the delivery location.

The Hirer must ensure safe and unobstructed access to all installation and collection areas. Power outlets and installation points must be available and accessible at the agreed installation time. If access is delayed or restricted, additional labour charges may apply.

Lighting Installation

The Company will install lighting equipment in accordance with the agreed quotation and site requirements.  The Hirer is responsible for ensuring that suitable mounting points, structures and power sources are available unless otherwise agreed.  Once installed, lighting equipment must not be moved, altered, disconnected or adjusted by The Hirer, venue staff or any third party.  The Company reserves the right to refuse installation where conditions are deemed unsafe or unsuitable.

Electrical Safety

The Hirer must not tamper with, alter, disconnect or modify any electrical equipment supplied by The Company.  Equipment must only be used for its intended purpose.  Any damage resulting from misuse, unauthorised modification or improper connection shall be the responsibility of The Hirer.

Once installed, lighting equipment must not be moved, repositioned, disconnected, altered or interfered with by The Hirer, venue staff, contractors or any third party without prior approval from The Company. Any damage or faults resulting from unauthorised interference will be the responsibility of The Hirer and may result in additional charges.

Positioning of Hired Equipment

Although The Company will endeavor to take every care possible when delivering, installing, dismantling and collecting equipment, it shall not be liable for any damage or loss to the site, site access or plants and The Hirer shall indemnify The Company from and against all actions, claims, costs, demands and liabilities in connection therewith. Any resulting additional costs, including reasonably incurred legal costs by The Company, shall be paid by The Hirer. All equipment is not to be removed from delivery location unless prior approval is granted by The Company. If set up has been requested and the venue is not ready at the agreed time of delivery, The Company will place all items in what they deem to be a suitable area nearby. An additional fee of $120 will be charged if The Company is requested to return to the site to set up.

Equipment Use

The Hirer shall check the quantity of all hired items against the tax invoice provided and will advise of any discrepancies within 2 hours of delivery. Advice after the function will not be considered as advice of any discrepancy. Damage to hire equipment during use or transportation by The Hirer is the responsibility of The Hirer. If, at any time during the hire period, The Hirer considers The Equipment to be faulty, it is The Hirer’s responsibility to contact The Company immediately by telephone to report the problem. Failure to do so, or advice after use, will cause The Hirer to be responsible for all hire charges, and repair or replacement cost if necessary. The Company reserves the right to repair or replace the faulty equipment as soon as practical during the hire period to the reasonable satisfaction of The Hirer. On no account should The Hirer attempt to repair The Equipment without prior consent of The Company. Call out charges based on time taken will be charged to The Hirer, relative to the time of day, if The Equipment is proven to be satisfactory by The Company and not faulty as claimed by The Hirer. In no event shall The Company be responsible for any expenditure, damages or consequential loss incurred by The Hirer, invitees, agents or assigns arising out of any failure of The Equipment whether caused by fair wear and tear or negligence on the part of The Company or for any other reason whatsoever.

Loss, Damages and Cleaning

The Hirer is responsible for all hired equipment from the time of delivery until collection.  Any equipment that is lost, stolen, damaged or destroyed during the hire period will be charged at replacement value.  Equipment must be returned in substantially the same condition as supplied, allowing for normal wear and tear.  Additional charges may apply where excessive cleaning, repair or restoration is required.

Insurance

Insurance is The Hirer’s responsibility during the hire period. The Hirer is responsible for the security of The Equipment at all times during the hire period. Any lost, broken, damaged or destroyed equipment will be charged to The Hirer, at full replacement value.

Weather

The Company must be informed of the wet weather option for The Hirer’s event at least 7 days prior to the booking date. The Company will endeavour to do everything they can to accommodate any reasonable request to set up the hire equipment in an alternative location. The Company does not accept responsibility for any issues that may result from transferring The Hirer’s event location to their chosen wet weather alternative location. If the alternative location involves additional staff, travel time or expenses then extra fees may be incurred. A final decision on the alternative location must be made at least 24 hours prior to the original delivery time. The Hirer must nominate a single authorised contact person to make weather-related decisions on behalf of the booking.  The Company has the right to refuse to set up hire items without notification if severe weather conditions is deemed to be detrimental to those items or dangerous to your guests and the public.  In the event that bad weather prevents The Company from setting up items, or if The Hirer’s wet weather alternative means the items are no longer required, no monies will be refunded as the items will have been held for The Hirer’s event and cannot be re-booked.

In the event of wet weather, The Hirer acknowledges that additional labour charges may apply where equipment requires drying, cleaning, inspection, repair or reinstatement due to exposure to adverse weather conditions.

Product Sales

All product sales are subject to availability.  Product descriptions and images are provided as accurately as possible; however slight variations may occur.  Ownership of purchased goods passes to the buyer upon full payment.  Risk in purchased goods passes upon delivery.  Returns and warranty claims are subject to Australian Consumer Law.

Consumer Guarantees

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.  Where goods are supplied for personal, domestic or household use, statutory consumer guarantees may apply.

Third Party Liability

The Hirer hereby indemnifies and holds harmless The Company from and against all claims, actions, suits, demands and expenses in any way arising from injury, death, loss of income or damage caused to The Hirer or its property, or any other third parties or property, in respect of equipment hired.

Acceptance of Terms & Conditions

By paying the deposit, The Hirer hereby unconditionally accepts the above terms and conditions and acknowledges that its acceptance is a condition precedent to taking possession of the goods/services/hire equipment from The Company. The Company’s decision is final in all matters pertaining to the Terms and Conditions of hire.