Events 720 Pty Ltd
Terms and Conditions – Custom Product Hire
Hire Product – relates to all equipment that is hired or available to hire from Events 720 Pty Ltd. Including but not limited to any rental stands, furniture, televisions, audio-visual equipment.
Hirer – means any person or entity, including its employees and agents, who engages Events 720 Pty Ltd to hire and use the products and services Events 720 Pty Ltd provides.
Owner – all references to “Owner” are interchangeable and mean Events 720 Pty Ltd 20 151 359 079, its employees and its agents.
Purchaser – means any entity or person, including its employees and agents, that engage Events 720 Pty Ltd to buy any custom product.
Custom Product – includes, but is not limited to, custom furniture, custom exhibition or trade show displays, custom exhibition or trade show stands.
Custom Hire Product – includes, but is not limited to, any product that is designed in collaboration between “Hirer” and Events 720 Pty Ltd for the purpose of being used during a specific contracted time (hire contract or any other such engagement as agreed by the “Hirer” and Events 720 Pty Ltd).
Hire Contract – means a contractual agreement that is made between Events 720 Pty Ltd and the “Hirer”.
Claims - means any claim, legal action or liability for damages or compensation. It also includes liability to pay any penalty or expenses, including repair and extraneous costs.
Terms of payment – the “Hirer” agrees to the terms of payment upon entering and completing a “Hire contract” with Events 720 Pty Ltd.
- Shipping – All items requiring shipping and cartage are to be organised by Events 720 Pty Ltd unless otherwise specified in writing.
- Terms of payment – By entering a hire contract with Events 720 Pty Ltd, the “Hirer” agrees to pay all hire charges, including any extraneous charge for damage, loss of property and cancellation of orders that do not comply with the terms and conditions as listed. Events 720 Pty Ltd has the discretion to charge accordingly for the products available for hire. Payments for products hired are to be paid via direct debit to the nominated Events 720 Pty Ltd account, unless made through the Events 720 Pty Ltd online store, store.events720.com, and paid by other means. Any invoices issued for extraneous reasons that fall outside of the initial order and payment process are to be paid immediately upon receipt of the invoice. Any invoices that are not paid will incur further expenses and charges in the event that Events 720 Pty Ltd need to engage external services to recover the payment. These external services will be charged to the “Hirer”.
- Force Majeure – If Events 720 Pty Ltd is unable to complete its contractual obligations, wholly or partly, because of any reason beyond its control, they may give written notice as is appropriately acceptable from becoming aware of the force majeure. A force majeure may include, but is not limited to; extreme weather, strikes, fires, civil commotion or unrest, interference by civil or military authorities or act of war.
- Limited Liability – As permitted by law, all warranties and guarantees that may otherwise apply or could be implied are void. Events 720 Pty Ltd acknowledge its obligation in a potential breach of any condition, warranty or guarantee is limited to providing a replacement or a similar item, or repairing the item and not charging for the replacement or repairing the item.
- Insurance – At all times of the hire contract, the “Hirer” is to maintain appropriate insurance policies at their own expense for coverage in the event:
- That a theft or damage should occur to the item or hire product. The amount of the insurance shall be appropriate for the full replacement cost of the item or hire product; and
- Liability, property and casualty insurance to protect and cover Events 720 Pty Ltd against all claims, loss or damage.
- Inspection of Property – Events 720 Pty Ltd may make routine and unannounced visits to the stand and inspect the hire products. The “Hirer” is to acknowledge that these inspections may occur without any notice, and they are expected to be co-operative and assist Events 720 Pty Ltd. Events 720 Pty Ltd will be indemnified from the “Hirer” in any claims or action of trespass in the course of attempting to inspect the hire products. At no point in the duration of the hire contract does the “Hirer” become in possession of property or title to property, the “Hirer’s” interest in the hire products is as bailee of Events 720 Pty Ltd only, who remain in full possession of the hire product and titles.
- Release and Indemnity – All “Hirers” are to release Events 720 Pty Ltd from indemnity, as well as to indemnify Events 720 Pty Ltd against any third-party claims or actions, as well as costs and expenses for damage or injury to person or property that could arise directly or indirectly out of the hire or use of the hire products, including any breach on the “Hirer’s” behalf.
- Security Interest – As per the Personal Property Securities Act 2009 (Cth), these terms create a security interest in the hire products that favours Events 720 Pty Ltd. The “Hirer” must provide information and complete acts that enables Events 720 Pty Ltd to perfect any security interest created or provided for by these terms, as a perforce security interest with first priority.
- Jurisdiction – These terms and conditions are governed by the Laws of Victoria, providing for any overriding Commonwealth jurisdiction. All parties are to submit to the jurisdiction provided by Victoria unless otherwise specified.
- Terms – If any term listed shall become void or unenforceable for any reason, then it serves that the specific term is to be removed as to the intent to not infect any other terms and that all other parts are to remain enforceable. Failure by Events 720 Pty Ltd to insist upon strict implication or performance of these terms is not to be construed as a breach or waiver of any of these terms.
Custom Product Hire Terms and Conditions
- Ownership - All hire goods remain the property of Events 720 Pty Ltd at all times.
- Prices – Prices will vary for custom products and are at the discretion of Events 720 Pty Ltd. All prices are exclusive of GST, unless otherwise specified.
- Duration - The hire contract will stipulate the duration of the hire, and prices may vary accordingly.
- Payment – Payment is split into two payments unless another agreement is provided in writing and Events 720 Pty Ltd is agreeable. The first payment is 75% of the total amount to be paid immediately upon the custom contract being signed and allows production to begin. The remaining 25% must be paid no later than 7 days before event start date.
- Changes to Order - Any upgrades or changes to order made 7 days prior to hire contract start date are to be charged as per a separate invoice and paid immediately following the conclusion of the contract end date. Events 720 Pty Ltd reserves the right to add a surcharge to any invoices that result from a late addition to orders.
- Cancellation - Any hire products that have been processed and delivered and then cancelled will not be refunded. Cancellation of any custom hire products requires a minimum of 28 days’ notice from the start date of the hire contract. Further charges could apply for cancellation of items.
- Potential problems - If any issues with any hire product arises upon delivery or during an event, Events 720 Pty Ltd must be notified immediately. There will be no discussion and no concession available for issues raised at the close of an event or at the end date of a hire contract.
- Lost, damaged or stolen property – It is the “Hirer’s” responsibility for the return of products in the condition they were received. Any items stolen or lost will be charged to the “Hirer” at the full rate in a separate invoice after the conclusion of an event and must be paid immediately. Events 720 Pty Ltd must be notified immediately of any loss of hire product, but also if there is any damage that results in the hire product not working as it should. In the event that the hire products become damaged or stop working, the “Hirer” is to stop using the product, notify Events 720 Pty Ltd and take steps to ensure that no further damage to the product can occur. The “Hirer” is not to attempt to fix the hire product themselves, and could incur extra charges if it is proven that this has occurred. Any negligent behaviour on the part of the “Hirer” will result in further charges to repair or replace the item, and could result in charges related to the time it takes to replace or repair the item as well as any other expense Events 720 Pty Ltd could incur in the process or repairing or replacing the item.
- Obligations on the Hirer – The “Hirer” hires the hire product at their own risk and responsibility, from the time of delivery and during possession, until collection or the hire product is returned to Events 720 Pty Ltd. The “Hirer”, where necessary, must be responsible for organising and obtaining the appropriate permits and/or plans and pay such fees as may be required to use the hire products. Upon delivery or installation, the “Hirer” must examine the hire product immediately to satisfy itself as to the condition of the hire product. Acceptance of the hire product indicates that the condition was an acceptable standard and that the “Hirer” has examined the hire product. The “Hirer” is not to rely upon the skill or judgement of Events 720 Pty Ltd as to any representation about the hire product’s purpose, suitability or performance. The “Hirer” is liable for extra costs in the event that the “Hirer” alter the installation or delivery requirements. The “Hirer” is not to remove the hire product from the designated location detailed in the hire contract, unless in writing with Events 720 Pty Ltd approval, also in writing. The “Hirer” must not sub-hire under any circumstances. The “Hirer” must assume the risk and indemnify Events 720 Pty Ltd from and against any and all property damage and personal injury that results from using the hire products, contact with underground cables, pipes or other services and obstructions; and all necessary surface repairs. The “Hirer” must use the hire products for their intended purpose, and only in the capacity that it was designed to be used in. The “Hirer” must comply with all written instructions from Events 720 Pty Ltd that accompany the hire products. The “Hirer” must ensure that all the hire products are ready for collection within a timely manner and are in properly packed condition and readily accessible. In the event of damage, cleaning or drying costs as a result of negligence or fault of the “Hirer”, the “Hirer” shall pay Events 720 Pty Ltd appropriately to have the hire products restored to the original condition.