For the purposes of these terms and conditions, the Hirer of the equipment shall be referred to as the “Customer.”
The owner and supplier of the equipment and related services shall be referred to as “Love It Party Hire” and may be referred to here as Owner.
“Equipment” or “Hired Items” refers to all items hired and collected by the Customer or delivered by Love It Party Hire to the Customer.
PRELIMINARIES
These terms will apply to all the Customer’s dealings with Love It Party Hire, including being incorporated in all agreements, quotations or orders under which Love It Party Hire is to rent equipment and/or provide services to the Customer together with any additional terms included in a Quote (provided such additional terms are recorded in writing).
You will be taken to have accepted these terms if you click the tick box to accept these terms and conditions at the time of sending for Quote, or if through other means you order, accept or pay for any hired items or services provided by Love It Party Hire after receiving or becoming aware of these terms. The Customer warrants and represents to Love It Party Hire that this agreement (Terms and Conditions) constitutes legal, valid and binding obligations enforceable against the Customer in accordance with its terms.
The Customer must not proceed with any reservation, booking, payment or acceptance of the hired items or services if the Customer does not agree to these terms.
In the event of any inconsistency between these terms and any Quote, the clauses of these terms will prevail to the extent of such inconsistency.
AGREEMENT TO HIRE
Love It Party Hire agrees to provide to the Customer, and the Customer accepts from Love It Party Hire, the hire of the hired items upon and subject to the provisions of these terms, including those mentioned in the Quote.
The Customer shall assume all risks and liabilities for and in respect of the hired items and for injuries to or death of persons and damage to property howsoever arising from the possession and/or use of the hired items during the period of hire.
The Customer will indemnify Love It Party Hire against the loss of or damage to the hired items whether by fire, theft, accident, seizure, confiscation or otherwise and will indemnify Love It Party Hire and hold Love It Party Hire harmless from all other losses, damages, claims, penalties, liabilities and expenses (including legal costs on an indemnity basis) howsoever arising incurred as a result of or in connection with the possession and/or use of the hired items or seizure or the taking of possession of the hired items.
The Customer acknowledges that the Customer has not relied in any way on the skill or judgement of Love It Party Hire owners/staffs in deciding to enter into this agreement and that the Customer has satisfied itself as to the condition and suitability of the hired items and their fitness for the Customer’s purposes.
BOOKINGS
Inquiries and bookings shall be made via our website. You need to enter the start and end date of your event to allow us to allocate the requested items for you and prepare for the delivery and/or pick-up.
Select the correct options at checkout. If this is a delivery, you will be charged for a ground level front door home delivery and collection by default. If you require out-of-hours, city, specific venue, park deliveries, or otherwise, ensure these options are selected or otherwise mentioned in your message before submitting for quotation. If you select customer pick-up, your items will be ready for collection, and no delivery will be booked. There is a $10 prep fee for the first $200 worth of order or 5% of the hire fee if more.
Alternative ways of booking are available such as by emailing us, phone call, sms, social media chats, and other means. The same will need to be confirmed via a Quote from Love It Party Hire and accepted by the Customer for it to be binding on both parties (accepted directly or indirectly through the actions of the Customer such as, but not limited to, payment of the required deposit).
NON-REFUNDABLE DEPOSIT
A non-refundable deposit of 30% of total quoted hire cost or $50, whichever is higher, is required to secure a booking. Without the deposit, the booking is not confirmed and availability is not guaranteed.
If your event is one month (31 days) away or less, you will need to pay the full hire amount and bond (and delivery/collection and setup/takedown if ordered) upon receipt of our quote.
In case of cancellation for whatever reason (including inclement weather), the deposit will be forfeited unless ample time for your notice has been given. In accordance with our cancellation policy, the deposit shall be forfeited as follows: 30% of the total booking cost (excluding bond but including delivery & collection and setup and take down if ordered) if cancelled 31 days or more prior to the start of your hire period, 50% if within 15-30 days, and 100% if cancelled 14 days or less.
SECURITY BOND
Love It Party Hire requires all Customers to pay a security bond of $100 (or more depending on the volume of their order or nature of the items you’ve ordered – final bond amount to be informed/confirmed by us) for the hired items. This amount is refunded to you when you return the items clean, dry and damage-free (after the relevant checks have been done by us).
Bond loss can occur if items are returned dirty, damaged, missing, returned late or not left at the ground level at the FRONT of your property/venue for collection.
FULL PAYMENT AND ORDER VARIATIONS
The balance of your account is due and payable one month (31 days) before your event. If you have not made the payment by then, we will send you a reminder via text message, email or other means of communication. When you have placed your order one month or less prior to your event, the total hire and bond are payable at the time of receiving our quote.
Unless otherwise arranged with Love It Party Hire, no delivery or pick up of hired items will be made until the hire amount is paid in full.
The Customer may add items/quantities to the original order by notifying Love It Party Hire. We will do our best to accommodate your request, subject to availability. When your event is sooner than 31 days, the additional amount becomes due and payable immediately.
If items are removed from a secured booking due to a change of mind, fees will apply depending on the notice given. If notice is given 31 days or longer, 30% of the removed items will be charged as cancellation fee, if notice is 15-30 days, 50% and if 14 days or less, 100%.
DELIVERY
Delivery and handling fees will be charged to the Customer for loading/unloading, delivery, and collection of equipment. Fees vary based on the distance from Love It Party Hire premises. Unless a setup and pack-down fee has been charged and agreed upon, Love It Party Hire shall not be responsible for setting up the hired items.
The delivery and pickup charge only covers for one person (driver). If your order includes bulky and heavy items such as marquee, tables, and sound system, we will need you to assist the driver in unloading and loading. If you are not able, please let us know ahead of time – extra charge may apply if we need to send a helper.
If your order are non-bulky items, we would appreciate the assistance provided in unloading and loading.
The Customer is responsible for having someone available to take delivery on the nominated date. If no one is available, an additional delivery fee will be charged for a second delivery unless prior arrangements have been made to leave the equipment at the front.
The delivery & collection rates shown in our website or indicated in your checkout (if applicable) are standard delivery only where the following conditions exist, in which case no additional hire costs apply:
- Delivery and collection can be made on weekdays (Monday to Friday) 9-5PM.
- Delivery is at a house where the delivery is made prior to the event hire period, you can accept your equipment earlier (potentially 1-2 days) and collection can be made later on the day of your event or 1-2 days thereafter.
- Party hire equipment that is not required to be set up (e.g. DIY gazebo, chairs, table, etc) is delivered only to the nearest FRONT entrance of a house or building (garage, front door etc).
- We can park directly adjacent to your house/venue on the street or in your driveway and your garage or entrance is readily accessible. This means that your delivery or set up area is within 20 metres from where our vehicle can park and is on the ground level of a building/venue.
- Your function is at a hotel, function room or similar venue and they can accept equipment being left in the lobby, a loading area or spare room.
Delivery and collection surcharge
Additional charges may apply for the following situations:
- Delivery is at the rear of the property/venue – You require your party hire equipment to be taken to and from the rear of a property. Minimum additional charge of $60 plus GST will be added to the quote, unless our delivery vehicle (usually with trailer in tow) can access/park at the back of the property and within 10m to where we unload the hired items.
- Parking access – If we can park within 10 meters, there is no extra charge. If however parking is available only 10 to 50 meters away from your house/venue on the street or in your driveway, a minimum of $60 plus GST will be added in our quote. If farther than 50m, please supply/describe more details as the extra charge will depend on the distance.
- Hired items need to be delivered upstairs – If the hired items are taken upstairs (not at ground level), a minimum of $100 plus GST each way will be charged if there are no service lift/elevators (depends on how many levels). If there is a service lift/elevator, only a minimum of $50 plus GST each way will be charged.
- Weekdays outside normal working hours – a surcharge of $50 plus GST on top of normal delivery/collection fees if you requested that your delivery/collection is outside our normal working hours. (We will waive this if we were the ones who requested the time outside our normal working hours to help us manage our deliveries for the day).
- Saturday and Sunday deliveries/collection (subject to availability of delivery staff) – will need to be arranged with us – additional $100 plus GST fee on top of normal delivery/collection fees. (We will waive this if we were the ones who requested the delivery/collection on the weekend to help us manage our deliveries for the day).
Note: The website is not able to add these to the cart – we will add it manually when we send you the quote.
CUSTOMER PICK-UP
The Customer acknowledges that the hired items were received in good order and condition. Customers must use ropes, protective blankets, and/or tarps to ensure the safe transport (on collection and return) of hired items. Failure to produce these may result in the refusal of pick-up at the sole discretion of Love It Party Hire.
Customer pick-up is subject to a flat setup fee of $10 plus GST for orders worth $200 or less. Orders higher than $200 are subject to a 5% set-up fee. (Note: Our website does not automatically add this – we will advise/include this when we send you our quote.)
EQUIPMENT USE – SPECIFIC REQUIREMENTS
- Outdoor cinema: Our cinema system (screens, projector, speakers, blower) could not be used outdoors during inclement weather (windy, raining, hail, severe fog, etc.). Unfortunately we do not refund for cancellation due to inclement weather (please see our cancellation policy in our terms and conditions page) – so please have an alternate plan to have your cinema night indoors. When outdoor conditions are right, make sure to peg the screen down and secure with tie down ropes all the time to ensure they are secure. Water/liquid in any form (including overnight fog/dew) must not be allowed to fall on the speakers, projector, blower and/or power plugs. After use, please take them down and store them indoors – please do not leave them overnight outside.
- Chairs: White chairs (including pipee, americana, tiffany, tolix bar chairs, etc.) that are used on grass or dirt will need to be cleaned by the customer before our pick-up or before returning them to us. Alternatively, we can do the cleaning on your behalf for $1 each ($2 if heavily soiled) – please select appropriate option or indicate this in your message at checkout.
- Americana/tiffany chairs and cake plinths: Crepe paper or confetti of any kind is not allowed on Americana chairs and cake plinths.
- Gazebos/Marquees: The Customer must ensure that gazebos/marquees are used only in accordance with our instructions and any manufacturer’s instructions affixed to the gazebo/marquee or further instructions by Love It Party Hire. Any damage that may occur to the surrounding ground by gazebo/marquee placement or pegs placed into the ground is accepted and acknowledged by the Customer as the Customer’s sole expense to bear. The Customer must ensure that the gazebos/marquees are not used in the case of, or if there is a likely chance of, severe wind, thunder or lightning storm, or weather conditions that otherwise don’t comply with the instructions. The Customer must not allow more people than the maximum capacity specified to occupy the gazebo/marquee at any one time.
- Gas & electrical/Electronic equipment: The Customer acknowledges and agrees that they are fully responsible for ensuring that any electrical/electronic equipment provided, including generators, ovens, stoves, inflatables, water heaters, food warmers, sound and lighting equipment, projectors, etc., is kept dry and away from potentially hazardous elements such as rain or lightning, and is not plugged in to a power point that would over burden the power source. The Customer is responsible for ensuring that all gas & electrical/electronic hired items are turned off when not in use and are not left on such that damage could occur for example due to rain or fire. The Customer must check over any electrical/electronic or gas-powered hired items for safety including checking for gas leaks, electrical faults or product damage and any issues noted are to be reported to Love It Party Hire immediately and should not use that product.
Love It Party Hire may, at any time, provide additional instructions in relation to the use of the hired items, whether verbally or in writing. The Customer must comply with the instructions given by Love It Party Hire in connection with the hired items whether or not known at the time of accepting a quote.
GENERAL USE REQUIREMENTS
The Customer must not:
- use the hired items for any dangerous or illegal purpose
- make any alterations to the hired items, including by unauthorised repair
- use or allow the hired items to be used while the operator or user is under the influence of alcohol or drugs
- use the hired items when they are damaged or unsafe
- affix or install any accessories, equipment or device on or to the hired items Love It Party Hire prior written instruction or consent
- allow to operate or use any person that is intoxicated or under the influence of illicit substances
- sub-hire the hired items to any third party
CLEANING AFTER THE EVENT
Love It Party Hire will deliver equipment in a fairly clean and well-maintained condition. The Customer must notify Love It Party Hire of any unsatisfactory conditions within (three) 3 hours of receiving the equipment. Otherwise, any damage or uncleanliness will be deemed the Customer’s responsibility.
Linens (e.g., tablecloths, seat covers) that are heavily soiled, mildewed or damaged will incur full replacement costs. Similarly, if they are returned with stains not able to be removed with regular washing, the Customer will be charged the full replacement cost.
Hired items that are used outdoors (most common ones being, but not limited to, gazebos/marquees, chairs and tables) tend to be soiled more than when used indoors. Customers must ensure that the soil/dirt and stains from foods/drinks are wiped clean, so that they are as clean as when the Customer received them at the start of the hire period.
All equipment must be returned in a clean and dry condition. If Love It Party Hire considers that the hired items are returned in a substantially different state of cleanliness (inside and/or outside) to the state the Customer received them, Love It Party Hire will charge the Customer the reasonable costs of having the hired items professionally cleaned.
We understand customers may not have the time to clean the hired items after their party. For that reason, we offer cleaning on your behalf for a minimum of $20 or at the following prices, whichever is higher: tables – $2 each, chairs – $1 each ($2 if heavily soiled), seat covers – $1 each (to be replaced if heavily soiled or stained), table cloths $5 each (to be replaced if heavily soiled or stained), and food machines – $25 each. Please discuss with us for other items. GST will be added on top of the cleaning fees above.
RETURN OF HIRED ITEMS
The Customer is only entitled to possess the hired items for the hire period agreed in the quote. All equipment must remain at the Customer’s address as provided at the time of booking unless written consent is given by Love It Party Hire to relocate or transport them somewhere else.
The Customer must, on the return date (and by the return time specified in the quote, if any), make the hired items available for collection by Love It Party Hire or return the hired items to Love It Party Hire.
Customer drop-offs are available Monday to Friday, 9AM – 5PM at our premise (other times may be arranged with appointment). If no one is available, instructions will be provided via email, phone call, SMS, chats or other communication methods to leave the items at the driveway, and send a photo with the Customer’s name for confirmation of return.
Weekend arrangements can be made by appointment. All Customer returns must be made by 5PM on the due date, unless otherwise arranged with Love It Party Hire.
If the hired items are not returned to Love It Party Hire, or not available for collection by Love It Party Hire, at the expiry of the hire period, the Customer shall pay an additional charge of 1 day’s hire of the hired items for each block of a 4-day period that the Customer retains possession of the hired items.
If hired items are not returned within 3 days of the return date, Love It Party Hire at their discretion may charge the amount for the cost of the equipment.
If the Customer returns the hired items before the return date, the Customer will be liable for the full fees as if the hired items were in the Customer’s possession from the start date until the return date, despite the early return of the hired items.
Love It Party Hire reserves the right to inspect the hired items within 72 hours of return of the hired items to Love It Party Hire to determine that the hired items are in the same working condition in which they were provided to the Customer and return has otherwise been completed in accordance with these terms.
Love It Party Hire will promptly release the bond on completion of the required inspection and the items are found to be in order.
DAMAGE, LOST OR STOLEN
Upon delivery and until the return of the equipment to Love It Party Hire premises, the Customer has full responsibility for all hired equipment.
The Customer must protect the equipment from the elements during the hire period. In poor weather conditions, storage of the equipment is the Customer’s responsibility. Any weather-related damage is the Customer’s full responsibility and will be charged at full replacement cost.
The Customer will pay full replacement cost for any equipment that is badly damaged, lost, or stolen, and will cover repair costs for damaged equipment. Love It Party Hire will determine if damaged equipment requires repair or replacement (including cost from the supplier, delivery charges and 30% overhead).
If Love It Party Hire notifies the Customer, the Customer must replace all parts of the hired items which during the hire period have become worn out, lost, stolen, damaged beyond repair or permanently rendered unfit for use (fair wear and tear excepted). Otherwise, the bond shall be reduced by such charges. If the bond is not sufficient, the difference immediately becomes due and payable via cash, Pay ID, bank transfer or any other means (to be advised by Love It Party Hire).
POSTPONEMENT / RESCHEDULING
The Customer may postpone their event for whatever reason provided Love It Party Hire is advised in writing fourteen (14) days prior to the commencement of hire. Love It Party Hire may accommodate the request subject to availability of equipment. Postponement can only be made for the next 90 days from the original hire start date. The total hire amount which you would have paid shall not be refunded. The amount you have paid for the bond shall be refunded.
CANCELLATION POLICY
For the purpose of this Cancellation Policy, secured booking refers to bookings for which the required deposit or full payment has been made.
The Customer may cancel a secured booking at any time by notifying Love It Party Hire in writing. No cancellation by the Customer is valid unless acknowledged in writing by Love It Party Hire. Cancellation fees will apply for cancelling a secured booking.
Secured bookings that are cancelled will be subject to the following cancellation fee:
- 30% of the total booking cost (excluding bond but including delivery & collection and setup and take down if ordered) – to be charged if cancelled thirty-one (31) days or more before the scheduled start of hire period.
- 50% of the total booking cost (excluding bond but including delivery & collection and setup and take down if ordered) – to be charged if cancelled fifteen to thirty (15-30) days before the scheduled start of hire period.
- 100% of the total booking cost (excluding bond but including delivery & collection and setup and take down if ordered) – to be charged if cancelled zero (0) to fourteen (14) days before the scheduled start of hire period.
If the deposit paid to date (at the time of cancellation) is sufficient to satisfy the cancellation fee, any remainder shall be refunded to the Customer. If insufficient, the difference will immediately become due and payable.
Unfortunately, cancellations due to weather are still subject to the above cancellation policy.
FORCE MAJEURE
For the purposes of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to war, severe flooding/rain/wind, fire, explosion, pandemics, civil disobedience, and new legislation or labour disputes.
Neither Love It Party Hire nor the Customer will be liable for delay or failure to perform its obligations under this agreement due to Force Majeure.
Love It Party Hire shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, including but not limited to, loss of turnover, profits, business or goodwill, or any liability to any other party, or for any loss or damage suffered by the Customer due to delays caused by Force Majeure events.
TERMINATION OF HIRE
Without prejudice to any other remedies available to Love It Party Hire and notwithstanding the period of hire, Love It Party Hire may terminate the hire agreement at any time by giving the Customer 24 hours’ notice of its intention to terminate, or without notice if the Customer shall commit any breach of the hire agreement, or be wound up, or go into voluntary liquidation or commit an act of bankruptcy or if a receiver of its assets or any of them is appointed or if it makes an assignment or compromise for the benefit of its creditors, or if its business is placed under official management or if it ceases to carry on business, or if the Customer, being an individual, is declared mentally ill or is convicted of a criminal offence, or dies.
Upon termination of the hire agreement, as aforesaid Love It Party Hire shall be entitled to take possession of the hired items and for this purpose the Customer irrevocably appoints Love It Party Hire and authorises Love It Party Hire to enter the Customer’s premises or enter on any land or premises owned by or under the control of the Customer upon which the hired items are then situated to retake possession of the hired items.
AMENDMENTS
Love It Party Hire reserves the right to modify these terms and conditions at any time to suit changing business needs. Changes will be effective once posted on the Love It Party Hire website. It is the Customer’s responsibility to regularly review the terms and conditions on the Love It Party Hire website during the hire period.