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Betta Party Hire: Terms and Conditions of Use

DEFINITIONS

1. In these conditions;

(a) The "Owner" is Betta Events PTY LTD, T/A Betta Party Hire

(b) The “Site” refers to www.bettapartyhire.com.au

(c) The “User” refers to you the person using the Site.

(d) The "Hirer" refers to you the person hiring the equipment from the Owner

(e) The "Equipment" means all the equipment and accessories supplied to the Hirer.

 

INTRODUCTION

1. This Agreement contains the complete terms and conditions of use that apply to you in joining, hiring, buying and all other activities you will make in our Site. By using, hiring or buying from this Site, you agree to be bound by its terms and conditions of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.

PAYMENT and CHARGES

2. The Owner has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by the Owner prior to confirmation and acceptance of an order. Unless credit terms have been agreed upon, payment for the products shall be made by credit card, PayPal or EFT. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. An order may be invoiced separately. The Owner has all the discretion to cancel or deny orders. The Owner is not responsible for pricing, typographical, or other errors in any offer by the Site and reserves the right to cancel any orders arising from such errors.

3. Amount quoted is in Australian dollars and is for the noted hiring term only. You agree that all charges for hire loss, hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be borne by the Hirer.

4. Prices quoted are for delivery on street level. Extra charges may be payable for delivery to and removal from higher or lower levels.

5. Prices quoted do not include Additional Services including but not limited to site inspections, furniture removal or relocation, and design/concept developments such as CAD drawings and floor plans. Additional Services are available upon request and incur additional charges.

6. Damage Waiver is payable by the You to cover all costs associated with normal wear and tear to the Equipment and any accidental damage to a particular item of Equipment, provided that the replacement cost and/or cost of repairs to any Equipment which was damaged does not exceed 10% of the hiring fee for the particular item. This waiver does not apply to any other damage to Equipment including;

(a) Damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment.

(b) Damage due to mysterious disappearance of the Equipment.

(c) Damage caused by the use or operation of Equipment in contravention of any of the conditions of the Agreement.

(d) Damage to, or loss of, the Equipment from any unknown cause.

7. All prices on this website are in Australian Dollars (AUD).

8. Cancellation of orders or products will forfeit all booking deposits. Refunds are made via cheque and incur a $35 administration fee.

(a) Cancellations that are made more than 14 days from delivery or Hirer pick-up date will receive a refund of any funds remitted, excluding the booking deposit.

(b) Cancellations made less than 14 days from delivery or Hirer pick-up date will receive a refund for the delivery and collection fees only - the cost for hire equipment is considered a cost of lost opportunity and is not refundable.

(c) No refund applies to cancellations for Custom Built or Special Purchase Equipment.

LIABILITY and INDEMNITY

9. The Hirer is responsible for the Equipment from the time of delivery or Hirer pick-up until collection by the Owner or return by the Hirer and shall pay for all Equipment damage or loss however caused during that period. The Hirer shall protect the Equipment from the elements from the time of delivery, use, storage or waiting period before collection. The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Owner and its Equipment against all claims, loss or damage of whatever nature or type. The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the Equipment hereby hired and the Hirer indemnifies the Owner in respect to any claims for such loss or damage.

10. The Owner's count and/or decision as to condition of the Equipment prior to dispatch and on return shall be final.

11. The Hirer shall not remove the Hire Equipment or any part thereof from the situation and position of its installation without written consent from the Owner. The Hirer grants the Owner access at all times to inspect or repair the Equipment and in the case of default to remove the Equipment. The Hirer shall on no account attempt to repair the Equipment but notify the Owner immediately in case of breakdown or failure.

12. The Hirer acknowledges that they have received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.

13. The Hirer agrees not to use the Equipment at locations or purposes different to the Equipment's general designated purpose and specified suitability, such as indoor vs. outdoor use. The Hirer acknowledges responsibility for the Equipment and is liable for any damage.

14. Where the Hirer is more than one person liability shall be joint and several.

15. The Owner reserves the right to take photos at event locations utilising the Owner's equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognizable private property and persons. Photos may be used in publications or other media produced, used, or contracted by the Owner.

ACCEPTANCE OF THESE TERMS

16. Your continued use of the Site following the posting of changes to these Terms and Conditions of Use will be deemed your acceptance of those changes.