Terms & Conditions
The following Terms & Conditions must be accepted by the “Hirer” prior to Kelly Ann Events making the goods or services available to the “Hirer”
Date of last update: 26 July 2018
Equipment means all property including but not limited to all props which Kelly Ann Events agrees to hire to the Hirer.
Hirer means the person hiring the Equipment from Kelly Ann Events including their officers, agents, servants, employees and contractors
1. Introduction. These are the terms and conditions of Kelly Ann Events ABN 43 272 750 049.
2. Application. These terms apply to all Equipment hired by the Hirer from Kelly Ann Events.
3. Offer and Acceptance. The Hirer may offer to hire the Equipment via the Kelly Ann Events website. The Hirer will receive from Kelly Ann Events an email quotation that is valid for seven (7) days from the date of the quotation. The Hirer may accept the quotation by responding to the email and paying a deposit in accordance with clause 5 below. Kelly Ann Events reserves the right to alter or decline a quotation after the expiry of seven (7) days. All orders are subject to availability.
4. Security Bond. A security bond of $100 (or 10% of the booking total if over $1,000 plus GST) is required to be paid in respect of all bookings. This bond will be returned to the Hirer when the Equipment is returned to Kelly Ann Events in the same condition as it was when the Hirer first took possession. This bond is paid in addition to any replacement costs for any damaged or lost Equipment in accordance with clause 14 below.
5. Payment. The Hirer must pay a non-refundable 50% deposit within seven (7) days of receiving a tax invoice from Kelly Ann Events to confirm its booking, failing which the Equipment will be made available for hire by others. Payment of the balance is due fourteen (14) days prior to the event. Payment can be made by direct deposit to a bank account nominated by Kelly Ann Events (the details of which are listed on the tax invoice) or by credit card. Equipment will not be released to the Hirer until Kelly Ann Events has received payment of the tax invoice in full.
6. Credit Card Payments. All credit card payments are subject to a 1.85% merchant fee.
7. Hire Period. If the Hirer collects and returns the Equipment, the hire period is four (4) days. If Kelly Ann Events delivers and collects the Equipment, the hire period is 24 hours.
8. Collection and Return. Equipment can be picked up on the Thursday (between 10am and 3pm) before the Hirer’s event and returned to Kelly Ann Events on the following Monday (between 10am and 3pm). Equipment can be collected from and returned to: 1/18 Amay Crescent, Ferntree Gully in Victoria 3156.
9. Delivery and Pick Up. If requested, for an additional cost, Kelly Ann Events will deliver Equipment where the cost of the booking is $150 (or more) + GST. Delivery and associated labour costs vary depending on various factors including delivery to and removal from higher or lower levels other than street level, presence of stairs or steep inclines. At the time of booking, Hirer must inform Kelly Ann Events of such obstacles. Hirer must ensure that Equipment is packed down and ready for collection by Kelly Ann Events otherwise late fees in accordance with clause 15 will apply. All delivery times allow for a two (2) hour window. Whilst Kelly Ann Events will do its best to deliver within this window, it cannot guarantee an exact time for delivery. If delivery is required, please contact us for a quote.
10. Dangerous Conditions. In the event of severe inclement weather such as torrential rains, strong winds, flooding and extreme thunderstorms, Kelly Ann Events reserves the right to withhold Equipment (either in whole or in part) if there is risk of the Equipment being damaged or a hazard to any person, property, animal or thing. Kelly Ann Events will substitute the Equipment with something more suitable to the elements, if possible.
11. Hirer Responsibilities. In addition to other responsibilities set out elsewhere in these terms, the Hirer agrees to:
a. maintain and return the Equipment in the same condition as it was when the Hirer first took possession;
b. be responsible for all damage to Equipment, howsoever caused, whilst in the Hirer’s possession;
c. promptly pay all charges in accordance with these terms;
d. promptly return all Equipment (including any associated boxes and packaging) to Kelly Ann Events at the end of the hire period, without the need for Kelly Ann Events to demand the same;
e. allow Kelly Ann Events (including its officers, employees and agents) to enter the site where the Equipment may be located during the hire period in order to (without prejudice to any other claims or rights that Kelly Ann Events may have) allow the repossession by Kelly Ann Events of the Equipment if any breach of these terms has been committed;
f. pay all expenses, costs or disbursements (including legal costs) incurred by Kelly Ann Events in recovering any outstanding monies due under these terms; and
g. provide Kelly Ann Events with their credit card number, expiry date and any other information that may be required to debit the Hirer’s credit card for any late returns and damages or loss fees post the event. The Hirer hereby authorises Kelly Ann Events 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 (7) days post the event.
12. Indemnity. The Hirer indemnifies Kelly Ann Events (including its officers, employees and agents) against all claims Kelly Ann Events may incur as a result of the Hirer’s negligence or breach of these terms.
13. Liability. Kelly Ann Events takes all reasonable steps to fulfil orders but is not liable to the Hirer should any of the following occur.
a. Failure to deliver or delay in delivery, for any reason.
b. Failure to have the Equipment ready for collection by the Hirer when the Hire Period begins.
c. Failure to deliver the Equipment in accordance with any delivery instructions from the Hirer.
d. Loss, damage or injury to any person, property, animal or thing arising from the delivery, installation, inspection, use, dismantling and collection of the Equipment.
e. Break down or failure of the Equipment.
f. Failure to provide Equipment of the type and in the quantity specified by the Hirer.
g. Defects in the installation of the Equipment at the site.
14. Damage & Loss. The Hirer is responsible for any damage or loss to any of the Equipment that arises during the time from when the Hirer takes delivery of the Equipment until the Hirer returns the Equipment to Kelly Ann Events. The Hirer must pay full replacement costs for any Equipment lost or considered by Kelly Ann Events to be irreparably damaged, within seven (7) days of such damage or loss coming to the attention of Kelly Ann Events and being notified to the Hirer.
15. Late Returns. The Hirer must pay the following to Kelly Ann Events for all Equipment returned after the return date (as outlined in the quote/tax invoice):
a. A daily fee of $35 for each and every day (or part thereof) late until delivered to Kelly Ann Events; and
b. Transportation and labour fees (to be reasonably determined by Kelly Ann Events) for each and every attempt made by Kelly Ann Events to collect the Equipment.
16. Cancellations. Cancellations are subject to the following schedule:
a. 100% of the order for cancellations made within thirty (30) days of collection or delivery;
b. 50% of the order for cancellations made within thirty one (31) days and sixty (60) days of collection or delivery; and
c. 25% of the order for cancellations made within sixty (61) days or more prior to collection or delivery.
In addition to the above cancellation fees, a $55 administration fee applies.
17. Graphic Design Work. Hirer is required to sign off on proofs and drafts for customised graphic design work. Kelly Ann Events takes no responsibility for errors in final materials that Hirer has approved. Kelly Ann Events takes all reasonable steps to avoid mistakes when providing graphic design work but shall incur no liability should errors be found after Hirer has given approval. Cancellations of customised graphic design work will forfeit 100% of the order cost.
18. Photography. Hirer agrees to allow Kelly Ann Events to photograph the Equipment whilst on site at the event and use such photos for business and marketing purposes including on Kelly Ann Events website and social media accounts.
19. Copyright. The Hirer acknowledges that copyright in all designs, drawings, proposals and other material produced by Kelly Ann Events remains the property Kelly Ann Events. The Hirer must not infringe copyright in respect of that material.
20. Governing law. These terms are governed by and will be construed in accordance with the laws of Victoria.