Full Terms & Conditions
The following Terms and Conditions are deemed to be accepted by the Hirer upon payment of a deposit and bond to Bling Event Studio who will make the goods or services available to the Client (Hirer).
goods means all goods, equipment, consumables, accessories and packing containers of whatever nature supplied by Bling Event Studio to the Hirer and hire of goods includes any services provided by Bling Event Studio in delivery, unpacking, installing and collection of goods;
GST means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 or any amending legislation;
Hire Period means,
1. For Client (Hirer) or courier pick up: from when the goods leave Bling Event Studio warehouse until they return to Bling Event Studio warehouse; or
2. For Bling Event Studio Delivery: between arrival at delivery address to departure from same.
Hirer means the person, firm or company, jointly and severally if more than one, hiring goods from Bling Event Studio;
The Owner means Bling Event Studio, its employees and agents;
Site means the site to which the goods are delivered;
Terms means these Terms and Conditions of Hire.
2. BASIS OF CONTRACT
2.1 Unless otherwise agreed in writing by Bling Event Studio and the Hirer, these terms and conditions shall be the only terms and conditions on which Bling Event Studio will provide the goods and or services to the Hirer;
2.2 These Terms are deemed to be accepted by the Hirer on payment of a booking deposit and bond, on receipt by Bling Event Studio of a signed Booking Confirmation or a signed Purchase Order;
2.3 The Terms apply exclusively to every contract for the hire of goods and supply of services by the Hirer from Bling Event Studio and cannot be varied or supplanted by any other terms without the prior written consent of Bling Event Studio;
2.4 A written quote provided by Bling Event Studio to the Hirer regarding the proposed hire of goods is valid for 30 days and is an invitation only to the Client to place an order based upon that quote. Any terms in Bling Event Studio’s quote form part of the Terms of the Contract and if inconsistent will prevail;
2.5 If an order placed by the Client is accepted by Bling Event Studio, Bling Event Studio agrees to hire the goods to the Hirer for the Hire Period for use at the Site on these Terms;
2.6 Goods hired shall at all times remain the property of the Owner.
3. HIRE CHARGES AND VARIATION
3.1 A minimum hire charge of $100.00 applies for any order;
3.2 Amount quoted is for use of the goods for the period indicated. Each additional days’ use will incur an additional charge of 100% of the daily hire rate.
3.3 Unless otherwise specified, any quotation assumes:
a) delivery, installation, removal and return of goods being provided during ordinary working hours, being: Monday to Friday, 8am to 6pm;
b) delivery being made to street level;
c) grounds or floors being level and clear;
d) open access to grounds or floors
3.4 Any variation to the assumptions in clause 3.2 and 3.3 will incur further charges payable by the Hirer for additional equipment used, time spent or overtime rates by Bling Event Studio;
3.5 Prices for the hire of goods and services include GST;
4. INVOICING, PAYMENT, AND BONDS
4.1 Payment for hire of goods and services must be made:
a) in the DEPOSIT AMOUNT nominated within the total quoted fee on ordering; and balance 14 days prior to delivery, or
b) if order placed less than 7 days from delivery, then payment in full is required to confirm the booking.
4.2 Payment must be made by cash, EFTPOS, credit card (MASTERCARD, VISA) or cheque.
4.3 Bling Event Studio requires a Security Bond for all hires. The Hirer agrees to provide Bling Event Studio with the Hirers current credit card, expiry date and any other information which may be necessary to debit the Hirers credit card. Subsequent charges for loss, damage, repairs, extra time or other expenses will be debited from the Hirers credit card and an invoice with receipt issued. Cash Security Bonds may be accepted subject to Bling Event Studio’s approval.
4.4 The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal and debt recovery costs).
4.5 The Hirer acknowledges and agrees that the Owner may pay a commission or other financial benefit to event organisers or like suppliers in connection with the hiring of the equipment by the Hirer.
5. VARIATION AND CANCELLATION
5.1 If through circumstances beyond the control of Bling Event Studio, Bling Event Studio is unable to provide goods, then Bling Event Studio may:
a) make changes to the goods provided that the end performance is not materially prejudiced; or
b) cancel any order (even if it has already been accepted) by notice in writing.
5.2 The Hirer may cancel an order but will forfeit all booking deposits. For orders cancelled less than seven days prior to the event, the balance of the invoiced fee is due in full.
For orders placed on account and cancelled more than 14 days prior to the delivery, a charge of 10% of the hire fee will be payable. For account orders cancelled less than 7 days prior to delivery a charge of 50% of the hire fee will be payable.
6. DELIVERY AND COLLECTION
6.1 Goods will be delivered in a clean state. The Hirer is responsible to ensure any goods from which food or drinks are to be served are fit for use.
6.2 The Hirer must allow Bling Event Studio servants, agents and insurers access to the goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. The Hirer is responsible for providing safe and proper access to and at the Site. The Hirer is liable for all injury, loss or damage suffered by Bling Event Studio, its employees or agents while at the Site.
6.3 The Hirer must make the goods available for collection by Bling Event Studio at the end of the Hire Period packed in their respective containers and crates in a complete, clean and dry state, otherwise additional charges will apply.
6.4 Bling Event Studio’s count and decision as to condition of goods prior to dispatch and on return shall be final.
6.5 The Hirer confirms they have taken all reasonable measures to make Bling Event Studio aware of any non-Hirer events to be held within a 20km radius of the Hirer’s event and occurring on or within 24hrs of the Hirer’s event that may impact on Bling Event Studio’s ability to perform its services within the agreed scope or time.
7. RESPONSIBILITY OF HIRER
7.1 The Hirer bears all risk in the goods for the Hire Period, including the Hirers ability or competence to use the equipment hired.
7.2 During the Hire Period, the Hirer is responsible for:
a) safekeeping of the goods during the Hire Period;
b) using of the goods in strict conformity with the goods instructions or specifications;
c) not using pigmented streamers or decorations within or near any marquee hired;
d) ensuring the goods are not moved from the Site, unless in an emergency and Bling Event Studio is advised immediately afterwards;
e) complying with all relevant laws, by-laws and regulations applicable to the installation, use and operation of the goods;
f) protecting the goods against spillage and soiling, damage, fire, tempest, flood, theft, distress or seizure;
g) using only fuel, power and consumables specified by Bling Event Studio; and
h) ensuring the goods are not operated for any purpose beyond their rated capacity or in a manner likely to result in undue wear; and
i) in the event goods break down or become unsafe, ensuring appropriate steps are taken to prevent injuries to persons and to prevent the goods sustaining further damage.
8.1The Hirer will maintain at its own expense all appropriate policies of insurance:
a) for loss of or damage to the goods hired;
b) for liability, property and casualty insurance coverage in amounts necessary to protect the owner and its staff and agents against any claims.
9. BREAKDOWN OR DEFECT
9.1 The Hirer must inspect all goods on receipt and notify Bling Event Studio of any shortages or damages within 24 hours of delivery. Any shortages not notified within this time will be charged for in full.
9.2 Breakdowns or defects in the goods resulting from,
a) proper and ordinary use; or
b) the development of an inherent fault or a fault not ascertainable prior to start of the Hire Period;
may, at Bling Event Studio’s option, either be repaired or the goods replaced at Bling Event Studio’s expense.
9.3 If repair is impracticable and if replacement goods are not available, the proportional charge for broken or defective goods will be credited to the Hirer and Bling Event Studio will not have any other liability whatever to the Hirer.
9.4 No relief from hire charges nor any claims will be allowed by Bling Event Studio:
a) for stoppages or damages due to causes out of Bling Event Studio’s control including, without limitation, breakdowns, bad weather or site conditions; or
b) the Hirer not informing Bling Event Studio of the defect or breakdown immediately it occurs.
9.5 The Hirer must not try to effect any repairs on the goods.
10. DEFAULT AND TERMINATION
10.1 If the Hirer:
a) breaches any term of the Terms;
b) is an individual and becomes bankrupt or enters into any scheme of arrangement or composition for the benefit of his or her creditors;
c) is a corporation and becomes insolvent or enters into any scheme of arrangement, any assignment or composition with or for the benefit of its creditors, has as a liquidator, administrator, receiver or manager appointed, or any action is taken for winding up or dissolution; then Bling Event Studio may, without prejudice to any other remedy available to it:
i. require immediate payment of all money which would become payable by the Hirer to Bling Event Studio at a later date on any account, without further notice;
ii. charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until the date of payment in full;
iii. charge the Hirer for, and the Hirer must indemnify Bling Event Studio from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover the goods;
iv. charge the Hirer for the cost of repairing or replacing any lost, damaged or destroyed goods;
v. charge the Hirer for subsequent lost hire charges as a result of the goods being lost, damaged or destroyed until the goods are repaired or replaced;
vi. claim damages from Hirer for breach of the Hire Contract; and/or
vii. cease or suspend for such period as Bling Event Studio thinks fit, supply of any further goods to the Hirer.
On termination, the Hirer must immediately make the goods available for collection. If the Hirer does not, Bling Event Studio is entitled to enter any land and or premises of the Hirer where the goods are suspected to be to repossess the goods. Bling Event Studio will not be liable for any damage caused and the Hirer must indemnify Bling Event Studio from any liability to it or any third party in respect of any damage, demands, proceedings, costs and expenses howsoever arising.
11. LIMITATION AND EXCLUSION
11.1 Except as specifically set out in the Terms, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
11.2 Replacement or repair of the goods is the absolute limit of Bling Event Studio liability howsoever arising under the Terms or from the use of or any other dealings with the goods by the Hirer or a third party.
11.3 Force Majeure – If Bling Event Studio is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) Bling Event Studio may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Hirer under this contract shall, to the extent that they are affected by the force majeure, be suspended during the term of the Force Majeure. Bling Event Studio shall not be liable for any indirect or consequential losses or expenses suffered by the Hirer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.
11.4 Bling Event Studio will not be liable for any loss or damage suffered by the Hirer where Bling Event Studio has failed to meet any delivery date or varies, cancels or suspends the supply of the goods.
11.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
12.1 The owner shall not be liable to the Hirer or Hirer’s clients servants or agents for any damages, suits, claims, demands of every description whatsoever or howsoever arising either directly or indirectly from representation, warranties, terms and conditions express or implied (except part v division 2a of the terms and Trade Practices Act (1974) or relative state legislation) use, maintenance, transport, operation of the goods or otherwise and whether resulting from negligence of the owner, its servants or agents or otherwise.
12.2 If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.
13. RELEASE AND INDEMNITY
13.1 The Hirer 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 Hirer.
14. HIRER BOUND
14.1 The Hirer shall be bound by these Conditions whether signed by the Hirer or his agents, employees, servants, representatives or contractors.