Terms and Conditions
The Deep Water Trust t/a The Event Lane
ABN 50 940 033 259
Ph 0410 204 689
(a) The “Owner” is The Event Lane
(b) The “Hirer” means the person, firm or corporation hiring the Structure from the Owner
(c) The “Structure” refers to The Light Tunnel.
TERMS AND CONDITIONS OF HIRE:
The quoted hire fee or invoice amount is for one use of the Structure only and for a maximum of 24 hours including the day of installation. The Structure is usually installed the day of the event and depending on the venue/location, will be dismantled the same day or the following day.
The Hirer agrees that all charges for hire (including consequential charges, e.g. overtime) loss, damage and repairs will be paid forthwith upon demand and that all collection fees (including legal fees) will be borne by the Hirer.
If the Structure is not ready for collection by the Owner at the Expiration of the hire period, the Hirer shall pay an additional charge of fifty percent (50%) of the quoted rate for hire for every additional day or part thereof that the Structure is retained by the Hirer, unless otherwise agreed and specified in this agreement.
Hiring quotations are subject to site inspection and to the erection and dismantling of the Structure. Extra charges shall be charged for delivery and removal from higher/lower levels that are not previously discussed with the Owner.
The Hirer agrees to have the site cleared and ready for the Structure to be installed.
The Hirer shall pay for any additional charges at the Owner’s current rate ($50 per hour, per person) for any extra labour required, such as the relocation of the Structure once it has initially been erected.
DEPOSIT, PAYMENTS AND CANCELLATIONS:
- The total hire amount will be paid as follows:
50% deposit on acceptance of the booking by the Owner. In the event of a cancellation by the Hirer, the following applies:
- The Hirer will receive 80% of the deposit paid if cancelled 8+ weeks from the date of the event
- The Hirer will receive 60% of the deposit paid if cancelled 6+ weeks from the date of the event
- The Hirer will receive 50% of the deposit paid if cancelled 4+ weeks from the date of the event
- The Hirer will receive 20% of the deposit paid if cancelled 2+ weeks from the date of the event.
The balance of the invoice is due 14 days prior to commencement of installation on the event day. If payment is not made, the Owner reserves the right to cancel the booking to which the Hirer will forfeit 100% of the deposit.
If the Hirer cancels the event booking after paying the total of the invoice amount, the Hirer will forfeit 80% of all monies paid.
The Owner is not obliged to deliver possession of the Structure to the Hirer until all invoice fees are paid and received/cleared.
The Structure is weather proof however in the case of wet weather, we understand events like reception dinners and cocktail parties will not go ahead outdoors. In this regard, any monies paid by the Hirer will be refunded however a $299 administration fee will be deducted. Cancelling the booking based on wet weather can only be made by the Owner and will usually be made within 24-48 hours from the event date booking. Time frames outside of this can be made at the discretion of the Owner.
The Structure has been certified by a structural engineer to sustain winds of 40kmh or less. Every event date will have wind speed forecasted by the Owner 24-48 hours before each booked event date. Should winds be forecast to reach 40kmh, the Owner reserves the right to cancel the booking. In this regard, all monies paid by the Hirer will be refunded however a $299 administration fee will be deducted. Time frames outside of this can be made at the discretion of the Owner.
Should winds reach 40kmh during the booked event time period, the Owner reserves the right to dismantle the Structure immediately and the Hirer will forfeit 100% of monies paid.
COUNCIL REQUIREMENTS AND UNDERGROUND SERVICE LOCATION
The Structure requires steel pegs to go one (1) metre into the ground. The Hirer is responsible for any council applications and fees associated with such application including those for the locating and marking of any underground service. The Owner will not be held liable for any penalty payable due to the Hirer not carrying out their legal obligations for such local council requirements or damage to any services not having been located and informed to the Owner and staff installing the hired Structure.
PRIVATE PROPERTY UNDERGROUND SERVICE LOCATION
The Structure requires steel pegs to go one (1) metre into the ground. The Hirer is responsible for any fees associated for the locating and marking of any underground service. The Owner will not be held liable for any penalty payable due to the Hirer not carrying out their legal obligations for such requirements or damage to any services not having been located and informed to the Owner and staff installing the hired Structure.
GROUND TYPE AND SURFACE AREA
The erection of the Structure requires a grassy, flat surface with the following cleared space: 8m wide, 12m long, 4.5m high. Should these requirements not be met on the event day, the Structure will not be erected and 90% of monies paid by the Hirer will be forfeited.
The Hirer shall pay to the Owner a bond in the amount detailed on the invoice. If the Hirer shall breach any of the obligations hereunder, the Owner shall have the right to apply the bond either in whole or in part towards the cost of replacement/rectification, however such application shall not prevent the Owner recovering from the Hirer damages for any breach of this agreement if such damages are in excess of the amount of the bond. The Owner will release the bond after inspection of the Structure within 2 days.
Any transportation charges will be outlined in the invoice.
ACCESS TO ELECTRICITY:
The Hirer agrees that the Owner shall have access to and the right to use the Hirer’s electrical and power lines for the purpose of installation and operation of the Structure.
COLLECTION OF EQUIPMENT:
The Structure shall be ready for collection by the Owner by the nominated time for collection in it's original condition.
REMOVAL OF EQUIPMENT:
The Hirer shall not move, repair or relocate the Structure or any part thereof from the position of its installation.
RIGHT TO INSPECT:
The Hirer hereby authorises the Owner access at all times to inspect, repair and/or examine the Structure and in case of default remove the Structure if required.
The Hirer indemnifies and shall keep indemnified and save harmless the Owner and the Owner’s agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise.
Certain conditions and warranties may be implied in this hire agreement by the Trade Practices Act and State legislation and these conditions are to read subject to such legislation. However, the Owner and Hirer agree that in the event of the Hirer suffering any loss, damage or claim howsoever arising as a result of hiring of the The Structure, the liability of the Owner is limited to the repair or replacement of the Structure and is not to include economic or consequential damages of any nature whatsoever.
TERMINATION BY THE OWNER:
The Owner may, notwithstanding the specified period of hire or any waiver of some precious default by the Hirer, terminate this agreement and repossess the Structure.
- If the Hirer shall fail to pay any hiring charge when such charges fall due payment.
- If the Hirer does or permits any act or thing to be done to the Structure by way of which the Owner’s rights in the Structure may be prejudiced.
- If the Hirer commits any breach of these condition of hire.
- If the Hirer becomes bankrupt or should any order be made or resolution passed for the winding up of the Hire.