Events 720 Pty Ltd
Terms and Conditions – Custom Products
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.
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”.
- Intellectual Property - where Events 720 has created and presented a concept, design or images related to any exhibition product, the intellectual property of the design is owned solely by Events 720 unless payment for the design, concept or image is provided.
- 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 Purchase Terms and Conditions
- Ownership – The ownership of any custom product remains in the possession of Events 720 Pty Ltd until the installation and effective handover to the Purchaser. At the conclusion of installation, Events 720 Pty Ltd will hand over the custom product to the Purchaser, and effectively transfer ownership to the Purchaser. If installation does not occur by Events 720 Pty Ltd, the ownership will transfer at the time the custom product is delivered or collection is arranged.
- 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 custom product remains in the possession of Events 720 Pty Ltd for the duration of the time from the signed job order for the custom product, until the completion of installation and effective hand over, unless otherwise stated and agreed to by both parties.
- 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.
- Design Agreement - Events 720 Pty Ltd provides quotations based on the agreement of approved renders and designs. In the event that the Purchaser changes their mind on design and wants a different product other than has been agreed to in the final design, the Purchaser will incur the cost for any additional materials as well as the cost of any materials that have already been purchased.
- Storage – Events 720 Pty Ltd can offer storage solutions for custom products at a nominated price to be paid in advance by the Purchaser. At your instruction, Events 720 Pty Ltd can provide information regarding insurance solutions while the custom product is in storage. Events 720 Pty Ltd will not be responsible for custom products held in storage that result in damage, loss or theft.
- Indemnity during uninstallation – The Purchaser is to indemnify Events 720 Pty Ltd from any damage that occurs the custom products during the uninstallation that have not resulted from negligence or a breach in any uninstallation instructions.
- Insurance – The Purchaser is to engage and maintain the appropriate insurance to cover the custom product from the moment that ownership is transferred to the Purchaser. Events 720 Pty Ltd has engaged and maintains ‘Marine Transit Insurance’ up to $100,000 per load of custom product, and will review this amount periodically to meet the needs of the current agreements and obligations. In the event that Events 720 Pty Ltd is not contracted to install the custom product, the Purchaser is to arrange and maintain the appropriate insurance to cover the cost of the custom product once the custom product leaves the Events 720 Pty Ltd premises. It is required that the Purchaser organise and maintain appropriate insurance for the custom product if they wish to utilise Events 720 Pty Ltd storage solutions. Events 720 Pty Ltd will not be responsible for any damage, theft or loss that occurs after the transfer of ownership occurs.
- Potential Issues – If the Purchaser has concerns regarding the quality of the custom products, the concerns are to be raised immediately with Events 720 Pty Ltd. Events 720 Pty Ltd will make every endeavour to address concerns and rectify any potential issues within a reasonable timeframe. There will be no discussion and no concessions available if potential issues are not raised and notified to Events 720 Pty Ltd before the close of an event date.
- General terms – All other general terms listed as terms and conditions are applicable to custom products and engagement with Purchasers, unless otherwise agreed.