Terms and Conditions
Terms and Conditions“The Company” means Eventbiz Pty Ltd Trading Expo Solutions. A.B.N. 12 649 956 779 and includes its servants or Agents.
• “The Customer” means the person or persons company to whom the Tax Invoice is addressed and shall include their legal representative, administrators, and successors and or permitted assignees.
• “Equipment” means the items hired by the Customer from the Company.
• These conditions apply to all hires by the Company to each Customer unless the Customer is otherwise notified in writing. No variation or cancellation of any of these Conditions of hire will be binding on the Company unless agreed to by a responsible officer of the Company in writing.
• A deposit of 30% is required to secure a quote. Upon payment you will be deemed to have accepted our terms and conditions.
• Delivery of the good will be as at a day and time agreed on with the Exhibition Organiser. Please advise us if you require your hire items to be delivered at a different day or time.
Exchange & Refund Policy
• In the event of a cancellation six weeks prior to the installation date, Expo Solutions will retain the first deposit amount, or 10% of the total booking value; whichever is greatest. Within 7 days of the event, there will be no refund provided. Cancellations made before 6 week will receive a full refund of their deposit.
• All equipment supplied on hire is the property of the Company and remains so until it is A) returned to the Company. B) The Customer will be responsible for the equipment until it is returned to the Company, and C) shall maintain the equipment in good condition, reasonable wear and tear excepted. The Customer warrants that the equipment will be returned in good working order to the Company. The Company makes no representation as to the suitability of the equipment for a particular need or event, and it is the Customer’s responsibility to make that judgment on its own behalf.
• If after commencement of hire by the Company any specification changes are requested, the cost of such changes will be borne by the Customer.
• The Company’s delivery dockets shall be conclusive evidence of the quantity and identity of the equipment delivered and as to the date of delivery. The Customer shall be responsible at their own cost for providing a representative to check the quantity and identity of equipment delivered and to sign the Company delivery docket. The Customer acknowledges and agrees that the Company shall be able to deliver the equipment whether or not a representative of the Customer is present at the time of delivery.
• The Company shall not be liable for any loss or damages arising out of the overloading, misuse, or abuse of the equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof.
• The Customer is responsible for the security of the equipment until such time as it is returned to or collected by the Company. In the event of the equipment being stolen from the job site, the Customer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. Until the Company receives such notification, the hiring charges will continue. The Customer shall also indemnify the Company for any such loss of the equipment at the current replacement cost of the equipment, and must pay that cost to the Company on demand.
• The Customer shall ensure that suitable access to and egress from the site is adequate to suit the mode of delivery or pick up.
• The Company must be notified immediately of any equipment lost or damaged during the hire period. The Customer indemnifies the Company in respect of all such loss. The Customer must pay on demand to the Company the following amounts;
i. If the equipment is lost, the Customer must pay to the Company the current replacement cost of the equipment;
ii. If the equipment is damaged, the Customer must pay for all repairs;
iii. If no notice is given to the Company of a lost item it shall be deemed as extended hire until such item is returned, and hire fees with continue until notice is given or the Equipment is found. • The Company shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by the Company to the Customer are excluded, to the full extent permitted by law. The liability of the Company resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the equipment to the Customer or the repair of the equipment supplied to the Customer.
• The Company adheres to the law of the relevant Occupational Health and Safety Acts of A.C.T. & N.S.W. The Customer is to ensure adequate safety measures are adopted when necessary. The Customer will make any inspections to ensure that there are no breaches of safety requirements at the site whether imposed by authority or otherwise; and that all works are performed according to relevant safety codes, standards and manufacturer’s specifications; and that there are no alterations or modifications to any equipment made by any person other than an employee of the Company.
• All payments are strictly due as specified on the Company Quotation. Payment must be received within The Company’s trading terms, namely 30 days from invoice. Failure to meet the Company’s trading terms will result in the supply of further goods to be withheld until such time as the payment is made in full. The Company reserves the right to charge interest up to 10% per month on overdue accounts. Should payment in full not be paid within 60 days, legal action will be taken to recover the debt owing without further notice & all credit facilities will be closed. Any expenses, costs or disbursements incurred by the Company in recovering any outstanding Monies including dishonoured cheques, debt collection agency fees and solicitor’s costs shall be paid by the Customer. In order to retake possession of the equipment, it shall be lawful for the Company to enter into or upon any premises where the same may be and the Customer hereby agrees to indemnify and to keep indemnified the Company against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Company arising from the Company’s entry into or upon any premises in exercise of its rights of repossession.
• Included in the contract price is a non-refundable Damage Waiver Fee. Damage Waiver is not insurance, but is an agreement by the Company that the Customer is not liable for normal wear and tear to the equipment, in some circumstances only.
• DAMAGE WAIVER DOES NOT APPLY, and the Customer must pay for the damage to the equipment, in any of the following circumstances;
i. where the equipment is lost or stolen; or
ii. where the Customer has breached any of these Terms and Conditions of Hire; or
iii. where the damage to the equipment is, in the Company’s opinion, more than normal wear and tear;
iv. where the damage is caused by the negligence of the Customer or the Customer’s agent;
v. or where the damage to the equipment is caused by vandalism, by any unknown cause, or in the Company’s opinion, in any way whatsoever other than by the ordinary use of the Equipment by the Customer; or
vi. where the damage is caused by overloading, misuse, abuse or improper servicing of the equipment.
• Where the Company determines that one or more of the circumstances above applies, the Damage Waiver will not apply unless the Customer is able to establish to the reasonable satisfaction of the Company that the relevant circumstances do not apply.
• This Contract will be governed and constructed in accordance with the laws of the state of NSW, the parties submit to the jurisdiction of the Courts of that state for determination of any dispute claim or demand arising out of these Terms & Conditions.