Terms & Conditions

TERMS AND CONDITIONS – FOR THIS SPACE PICK ‘N’ MIX

As I'm sure you would understand, like any small business, it is vital for the continued viability and success of our operation that our terms and conditions are strictly met. We endeavour to supply to you well maintained products so that you can create the style you want for your wedding day. We understand that planning your wedding can be a stressful time, so we are here to assist in making the process as easy and hassle-free as possible.

By engaging our services you agree to these terms below in full.

The Terms and Conditions attached hereto (Terms) form the entire agreement between you and THIS SPACE PICK ‘N’ MIX of This Space Events ABN 161 318 281 47 (“Us’, “we” “our”)

PAYMENT

1.      Engagement of the services of This Space to supply product for your wedding – 50% deposit paid within five (5) working days

a.      this deposit is non-refundable

b.     product will not be reserved for your wedding until the quote has been signed, the deposit has been paid and terms and conditions have been agreed on

2.     Final Balance = 50%, plus or minus any adjustments as previously agreed

a.     Due and payable fourteen (14) days prior to pickup date

b.     If full payment has not been made three (3) days prior to pickup date, the product will not be picked, packed and made available for collection

c.     A bond will be charged on pick up/delivery of the products and will be fully refundable subject to the return of the hired products in the same condition as they were picked up/delivered by the Hirer.

3. Bond = 20% of grand total. Fully refundable subject to the return of the hired products in the same condition as they were picked up/delivered by the Hirer. Not applicable to jobs at which This Space transports the products to/from the venue.

a. Due and payable fourteen (14) days prior to pick up date.

b. If full payment has not been made three (3) days prior to pick up date, the product will not be picked, packed and made available for collection.

Should you engage This Space in shorter lead times than those stated above, payments are accumulated and accelerated to comply with the above.

TERMS & CONDITIONS
Definitions. In these terms the following terms have the following meanings:

“Contract” means the contract to hire the equipment, established by the order, these terms, or any written communications which give evidence of the agreement between the Owner and the Hirer.

“Product” means all property including but not limited to all props, designs & drawings, packaging & protective cases, and intellectual property which the owner agrees to hire to the Hirer.

“Hirer” Including their officers, agents, servants, employees and contractors means the person hiring the equipment from the Owner;

“Owner” means the company which supplies the equipment to the Hirer, being This Space Events ABN 161 318 281 47

“Hire Period” means the period for which the equipment is hired, as shown on the order or subsequently agreed between the Owner and Hirer.

“Order” means the form used by the Owner for the securement of orders to hire equipment.

“Special Terms” means any terms (other than these Terms) which are specified in the order, or subsequently agreed in writing between the Owner and Hirer; and “terms” means these terms.

“Payment” means the price for hiring the Product as shown on the order including deposit, final balance and bond;

“Venue” means the premises the Hirer specifies as the event address for the Product.

“Terms” means these terms.

1.     Ordering and Acceptance. The Hirer may offer to hire the equipment by delivering an order to the Owner. The Owner accepts the order when the Hirer delivers signed confirmation to the Owner.

a.     All confirmations are subject to availability at the time confirmation is received by the Owner.

b.     Late confirmations will incur additional charges, accordingly to the following schedule:
- Five (5) days out from the event 10% surcharge of total order
- Three (3) days out from the event 15% surcharge of total order
Due to the late nature of this booking the above is void on this occasion

2.     Production Costs. If equipment is required to be specially produced for the
event the Owner reserves the right to collect partial or full payment of the
equipment being produced prior to commencement of production or as agreed between the Owner and the Hirer.

3.     Payment.

a.     The Hirer. The Hirer must pay 50% deposit within five (5) working days of order confirmation to authorise the Owner to proceed with the official order. Full payment of the order is due fourteen (14) days prior to the event.

b.     The Hirer agrees to provide the Owner with their credit card number, expiry date and any other information that may be necessary to debit the Hirer’s credit card for possible missing and damages post event. The Hirer hereby authorises the Owner 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 days post event, including any loss or damage occasioned by the neglect of the Hirer.

c.     The Hirer agrees to pay the bond on pick up or delivery of the Products which will be fully refundable subject to the Product be returned in the same condition as it was when picked up/delivered.

4.     Credit Card Payments. All credit cards payments are subject to a 2.5%
merchant fee and AMEX – 3%. We would only advise for amounts over $2,000 AUD that direct deposit is our preferred method of payment.

5.     Cancellations are subject to the following schedule

a.     100% of the Order for cancellations within thirty (30) days of delivery or pick up

b.     50% of the Order for cancellations thirty one (31) days to three hundred and sixty five (365) days prior to delivery or pick up

c.     25% of the Order for cancellations three hundred and sixty five (365) days or more prior to delivery or pick up

6.     Minimum Spend. A minimum product spend of $550 inc GST has been put in place. The damage waiver and bond are costs that are charged in addition to this minimum spend.

7.     Third Party Suppliers. If at any time a supplier or venue that has been engaged on behalf of your organisation has not been able to deliver the product or agreed service as originally contracted for, This Space will endeavour to find a replacement of similar value or reimbursement.

8.     Pick Up and Return.

a.     Product hire is for a maximum of five (5) days, for example if stock is picked up on a Thursday, it must be returned by the Hirer by 4pm the following Monday

b.     The Hirer must pay any additional labour charges of $45.00 per hour to the Owner should pickup or return of product take place outside of the hours 9am-4pm.

9.     Late Returns. The Hirer must pay the Owner for all items returned after the return date as outlined on the Order/invoice the full cost equal to one day's hire charge for each and every day late until delivered to the Owner.

10.  Delivery & Pickup to Venue. If the Owner has been booked to deliver or pickup at the venue, the Hirer must pay any additional labour charges of $45.00 per hour per staff member to the Owner should the agreed terms of delivery and pick up times change as agreed to the original scope or in the event that the venue has changed the bump in and bump out schedules.

11.   The Hirer Agrees:

a.     Through the period of hire to maintain the product (including packaging and protective casing) and return equipment in the same condition as it was when the Hirer first took possession.

b.     To be responsible for all damage to product caused by the weather.

c.     To return all product promptly to the Owner at the end of the hire period, without any requirements by the Owner to make demand.

d.     All expenses and costs incurred by the Owner in recovering any outstanding monies, including debt collection fees and Solicitor costs, shall be paid by the Hirer.

e.     Where the Owner agrees by special arrangement to deliver product to a person, nominated by the Hirer, that person shall be responsible to be the authorised agent on behalf of the Hirer for all purposes of the contract and be bound by these terms and conditions.

f.      To be responsible for all loss or damage whatsoever caused to any person or property in relation to the product or the use, the Hirer shall be liable to effect public risk insurance in relation to therefore the duration of the period of hire.

g.     Should product require cleaning and repairs upon return, a minimum three (3) hour call out fee for crew will be charged at $135+GST to the Hirer and $45 per hour thereafter 

12.  Indemnity. The Hirer indemnifies the Owner and their staff against all Claims the Owner incurs as a result of: the Hirer’s negligence; the Hirer’s breach of the Contract; the Hirer’s breach of any warranty contained in these Terms; the Hirer’s breach of any law; preparation of the Site for delivery or installation of the Equipment; the Owner’s entry upon the Site; the delivery, installation, inspection, use, dismantling and collection of the equipment.

13.  Owner Not Liable. The Owner is not liable to the Hirer for, and is released from liability in respect of: failure to deliver or delay in delivery for any reason including, without limitation: Act of God, lightning, fire, flood, explosion; Strike, lock-out or other labour difficulty; failure to deliver the equipment in accordance with the delivery instructions provided by the Hirer; failure to provide equipment of the type and in the quantity specified in the Order; and defects in the installation of the equipment at the site.

14.  Damage & Loss. The Hirer shall be responsible for any loss or damage to any of the equipment arising during the time from when the Hirer is deemed to have taken delivery of the equipment until the Hirer returns the equipment to the Owner. The Hirer agrees to pay full replacement costs for any equipment lost or considered by the Owner as being irreparably damaged. Such payment shall be made by the Hirer within seven (7) days of such loss
or damage coming to the attention of the Owner.

15.  Copyright. The Hirer acknowledges that copyright in all designs, drawings,
proposals and other material produced by the Owner or any of its employees and contractors in connection with this contract remains the property of the Owner. The Hirer must not infringe copyright in respect of that material.

16.  Damage Waiver. A damage waiver is payable by the Hirer which covers all costs associated with normal wear and tear to products as well as any accidental damage to hired products, provided that the repair and/or replacement cost does not exceed 10% of the hiring fee for the particular product.
The damage waiver does not apply to or cover any other damage to or loss of product.

17.  Force Majeure. Should any act of God inclusive of earthquake, fire, flood, pandemic, epidemic  or civil disturbance prevent either the Hirer or the Owner from carrying out their obligations under this Agreement, neither the Hirer or the Owner shall be liable to one another for the non-performance of their obligations under this Agreement. If the Hirer cancels the Agreement for reasons foreshadowed in this clause, all money paid by the Hirer to the Owner will be refunded except for the Engagement of Service. If the Owner cancels the Agreement due to the reasons foreshadowed in this clause, then the Owner will refund all money paid by the Hirer to the Owner, including the Booking Fee.

18.  Covid-19. Both the Hirer and the Owner acknowledge and agree that if there is a change to the current Covid-19 legislation enforcing a lockdown and imposing further social distancing rules, whereby the Hirers event is prevented legally from taking place, this Agreement will be completely transferable to an alternative agreed date within a twelve month period (from the date of the said change in the legislation and or government announcement.