Terms & Conditions

Definitions:
– “Sydney Fairy Lights Pty Ltd” will be referred to as the “The Supplier”.
– The client or company entering the contract will be referred to as the “The Hirer”.                           
Terms and conditions:

1. The Hirer immediately enters a legally binding contract and agrees and accepts the terms and conditions from the date they make a booking with the Supplier or the date any payment was made to the Supplier. This includes all bookings made via email, website, social media, text message or any verbal communication between the Hirer and the Supplier with or without signed documentation.

2. The company/and or person who has made the booking is liable for all payments and accepts a 20% non-refundable deposit is required, and until paid the booking will not be secured or guaranteed. The remaining balance will be required the week of the Hirers event, at the Suppliers chosen day unless notified beforehand or other arrangements have been made between the Supplier and the Hirer. Final payment can be made via EFT, Credit Card or PayPal, unless otherwise organised and approved by the appropriate team member associated with the Supplier on alternate payment arrangements. VISA, MasterCard, American Express and all other major credit cards are accepted and incur a 3-5% surcharge that will be reflected on the invoice. Cash is the preferred method of payment if paying on the delivery date. The Suppliers delivery vehicles facilitate POS terminals that accept all major credit cards and incur a 3-5% surcharge. The Hirer or a chosen representative for the Hirer must be there at the time the equipment is delivered to pay in cash, or to complete a card payment and must make the Supplier aware of the representatives identity prior to the Supplier arriving to complete any work. The Hirer or representative must have the correct change in cash. If the Hirer or representative is not there to provide the cash or card payment on delivery, the Supplier reserves the right to not deliver the equipment or charge the credit card provided at the time of the booking.

3. The Supplier reserves the right to change the prices/specials at any time without notice.

4. The Supplier has the right to request credit card details or a cash payment for any damages, theft, cancellations, cleaning or inability to access the equipment to be collected at the agreed time. By making a booking the Hirer authorises for their credit card to be charged, or cash bond to be kept in the event that any equipment is lost, stolen, damaged, requires cleaning, a booking is cancelled or is unable to be collected at the agreed time were an extended rental fee will be due and payable.

5. If the Hirer cancels their booking at any time and for any reason before their event date, the Supplier reserves the right to withhold all moneys previously paid. This includes Deposits, Partial Payments and Full Payments. The supplier reserves the right to offer a change of date, or credit to the Hirer, only if the Supplier has available dates or determines a credit is due, while reserving the right to decline both.

6. If a credit is issued by management, the Hirer has 6 months to redeem this credit from the time of the original booking.

7. The Supplier reserves the right to reschedule a booking if it is a safety risk to deliver or install any equipment, in the case of extreme weather conditions such as torrential rains, hail, strong winds, flooding, extreme thunderstorms, earthquake or an area being restricted from access. Should the Supplier not be able to deliver on the event date, the Supplier will happily deliver on the next available day. Should the event have to be cancelled for one of these reasons, and the Hirer’s event can not be rescheduled to another time, a credit of 50% from original booking can be issued for a future booking.

8. The hire is for one day (24hours) unless agreed upon mutually in writing by both parties. Failure to return the equipment or inability for the Suppliers driver to access the equipment for collection will incur a daily charge at the Suppliers discretion. This will be taken from the bond, charged to the Hirers credit card or invoiced. If the Hirer fails to return any equipment, the Hirer gives the Supplier permission to enter the premises of where the equipment is held to collect the equipment without being responsible for any damages caused to enter the premises.

9. The Hirer accepts full responsibility for the equipment once they take possession. This is from the time it is delivered, to the time it is collected or from the time the Hirer collects it, to the time they return it. In the case that the driver is held up on the day and will not make the scheduled collection time, the Hirer continues to be liable for the equipment until the time the driver arrives. The Hirer is liable for the replacement cost of any equipment that is stolen, missing, vandalised or broken. No refunds will be granted to the Hirer due to any of these incidents.

10. The Hirer is responsible for being present or having a representative present to take delivery of the equipment at the nominated date and time. If the Hirer or representative fail to be there at that time, and the Suppliers delivery team are unable to deliver, an additional delivery fee will be charged to re-deliver the equipment at another scheduled time. Deliveries outside of the Suppliers standard delivery hours of 9am-5pm may incur an additional fee, please call or email to confirm. All extra charges will be invoiced, charged to the nominated credit card or paid in cash when the Suppliers delivery crew return.

11. Delivery of all equipment is at ground level only. Extra charges may occur on top of the usual delivery charges where the delivery of the equipment is more than 15 metres away from where the Suppliers vehicle can park. Extra charges also apply for stairs, steep descents and buildings above ground level. The Hirer is responsible for informing the Supplier whilst booking if the delivery has any of these conditions. Failure to do so will result in extra charges, and in extreme cases refusal to deliver. Extra charges will be taken out of the bond, charged to the Hirers credit card, or invoiced. If invoiced, the Hirer must pay by the due date. Failure to do so will incur further charges and possible legal action in the form of debt collectors, which can result in a notice of default being placed with Vada advantage Ltd (CRAA) adversely effecting your credit rating and ability to obtain a line of credit in the future.

12. All equipment is the responsibility of the Hirer to set up or install (Instructions can be provided over the phone or via email). If Installation is required, this service can be offered for an additional fee and must be pre booked with the Suppliers bookings team prior to the delivery date to ensure the extra installation time is factored into the delivery schedule.

13. The Hirer accepts responsibility for the operation and handling of the equipment, following standard OH&S policies, and does not hold the Supplier responsible for any injury caused to themselves or others whilst moving or setting up any equipment. Refer to, policies.education.nsw.gov.au for further information.

14. The Hirer must inspect and check all equipment and notify the Supplier at the time of delivery or customer collection if there is any equipment missing, damaged or unfit for use. Failure to do so will see the Hirer responsible for any damages or missing equipment.

15. No warranty is provided by the Supplier for the equipment’s fitness for any particular use. In the event of adverse weather conditions, the Supplier will take no responsibility if the equipment can not be used.

16. Any email address provided by the Hirer upon booking agree to periodically receive email specials. If the Hirer wishes not to receive these, please notify the Suppliers team when booking so the email address can be unsubscribed from their email newsletters.

17. The laws of NSW shall govern this agreement. Any legal proceedings brought in connection with this contract shall be in NSW.

18. The Hirer agrees to defend, indemnify, assume liability and hold supplier harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the use of the equipment, regardless of the basis.

19. The terms and conditions can only be amended by the Supplier.

20. Any changes to this contract must be written and signed by both the Hirer and the Supplier. Oral agreements are non-binding. The latest contract supersedes all previous contracts between the Hirer and the Supplier. This agreement binds and benefits the heirs, successors and assignees of the parties.

21. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.

22. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later date.

23. All images and videos on all social media sites, advertisement sites and the Suppliers website is protected by a copyright act and by no circumstance can any content be used by any other person(s) or companies without permission by the Supplier. The Hirer also agrees to allow the Supplier to use any photos taken by them or any photos taken on the Hirers property by the Suppliers staff.