1. DEFINITIONS
In these Terms and Conditions:
(a) The “Owner” means T&L Installation Pty Ltd trading as Betta Event Hire.
(b) The “Site” means the Owner’s website located at www.bettaeventhire.com.au
(c) The “Hirer” means the person, business, organisation or entity hiring the Equipment from the Owner and includes any authorised representative of the Hirer.
(d) The “Equipment” means all equipment, accessories, furniture, marquees, flooring, catering equipment, décor items and other goods supplied by the Owner to the Hirer.
2. INTRODUCTION
(a) These Terms and Conditions govern the hire of Equipment from the Owner and apply to all quotations, bookings, hires, deliveries and services provided by the Owner.
(b) By accepting a quotation, paying a deposit, placing an order or accepting delivery of the Equipment, the Hirer agrees to be bound by these Terms and Conditions.
(c) The Owner may amend these Terms and Conditions from time to time. The Terms and Conditions published on the Site at the time of booking shall apply to the hire unless otherwise agreed in writing by the Owner.
3. THE HIRER
The hirer will hire the Equipment at its own risk, and bear responsibility for the Equipment hired from the time of its delivery into the possession of the Hirer until collection by or returned to the Owner. In accepting the Equipment, the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. Should the Hirer alter any installation or delivery requirements during, or after installation or delivery, the Hirer is liable for all extra costs of the Owner’s employees;
The Hirer will:
(a) Not remove the Equipment from the location designated on the invoice without the Owner’s written permission.
(b) Comply with any written or verbal instructions given to the Hirer or accompanying the Equipment.
(c) Be responsible for the Equipment from the time of delivery or collection until it is returned to, or collected by, the Owner.
(d) Not sub-hire any equipment unless authorised by the Owner.
(e) Ensure all Equipment is returned or ready for collection by the Owner’s driver, in a clean, dry and properly packed condition and if being collected, is readily accessible.
(f) Pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment.
(g) Be responsible for obtaining any permits, approvals and/or plans required for the installation and use of the Equipment and pay any associated fees.
(h) The Hirer warrants that all information provided regarding site conditions, access, dimensions, underground services and installation requirements is accurate. Any delays, additional labour, equipment, machinery, return visits or other costs incurred as a result of incorrect or incomplete information supplied by the Hirer will be charged to the Hirer.
(i) The Hirer is solely responsible for identifying and marking the location of all underground services including, but not limited to, electrical cables, water pipes, gas lines, irrigation systems, septic systems and telecommunications infrastructure as it may compromise the safety of staff, guests, Equipment or property.
(j) The Hirer is responsible for ensuring the Site is level, clear, accessible and ready for installation upon arrival. Any delays, additional labour, machinery, return visits or equipment required due to site conditions may incur additional charges.
(k) The Owner does not assess or warrant the drainage, ground stability, soil conditions, surface conditions or overall suitability of the Site. The Hirer accepts responsibility for determining the suitability of the Site and any risks associated with the installation and use of the Equipment at that location.
(l) Marquees are temporary structures and weather conditions may affect their safe installation and use. The Owner reserves the right to alter, postpone, relocate, modify or cancel any installation where weather conditions, including high winds, heavy rain, flooding, hail or other unsafe conditions, may compromise the safety of staff, guests or Equipment. The Hirer agrees to comply with any reasonable directions provided by the Owner regarding the installation and use of the Equipment.
(m) No items are to be attached, suspended or secured to any marquee, structure, flooring or other hired Equipment without the prior written approval of the Owner. This includes, but is not limited to, chandeliers, lighting, floral installations, draping, signage, audio equipment and decorations. Any approved attachments remain the sole responsibility of the Hirer and must be installed and removed by suitably qualified persons.
(n) For the safety of our staff and to adhere to health and hygiene regulations all hired items must be cleaned of food and beverages. This includes but is not limited to cutlery, crockery, glassware, catering supplies and any other catering equipment. If these items are not returned in a satisfactory condition then the following minimum cleaning charges will apply: Glassware $20.00 per box, Crockery & Cutlery $20.00 per 10 items and Catering equipment between $20 – $100 depending on the item. Please contact the office if you are unable to clean the hired equipment before your items are returned to the office.
(o) Please do not use coloured paper napkins or wax candles on the linen, as it will stain. Please do not throw confetti near the Americana or Bentwood Chairs, as it will stain and do not leave the chairs outside overnight or underneath trees overnight. All linen must be clean from loose food, dust, decorations, confetti, glitter etc.
(p) Please ensure the Americana chairs are not left outside at the end of your event. Please fold the chairs and place them somewhere secure to prevent any damage/stains to the chairs and seat cushions. If the chairs are left outside overnight and are returned stained, then the Hirer will be responsible for the replacement cost.
(q) Furniture, cushions, linen and soft furnishings must be protected from rain, moisture, dew, excessive sunlight and other environmental conditions. Any items returned mouldy, stained, wet or otherwise damaged may incur cleaning, repair or replacement charges.
(r) The Hirer is responsible for securing all hired Equipment against theft, loss, vandalism, misuse and unauthorised access throughout the hire period.
(s) The Hirer must immediately notify the Owner of any loss, theft, damage, accident or incident involving the Equipment during the hire period.
(t) The Hirer is responsible for any loss or damage caused to the Equipment by heaters, naked flames, candles, fires, fireworks, sparklers, smoke machines, cooking equipment, catering operations or any other heat source. Any resulting cleaning, repair, replacement or loss of hire costs shall be payable by the Hirer.
4. PAYMENT and CHARGES
(a) Quotes are valid for 14 days from the date of issue unless otherwise stated. After this period, the quoted prices are no longer guaranteed and may be revised.
(b) Unless otherwise agreed in writing, a 50% deposit is required to confirm and secure a booking. No booking shall be confirmed until the required deposit has been received by the Owner. Deposits are non-refundable. By paying a deposit, the Hirer acknowledges and agrees to these Terms and Conditions.Â
(c) Final payment is due 10 days prior to the delivery or pick-up date.Â
(d) The Owner reserves the right to request a refundable security bond for any hire at its sole discretion. The security bond may be required prior to delivery or collection of the Equipment and may be used to cover any unpaid charges, loss, damage, excessive cleaning costs or other amounts owing under these Terms and Conditions. Any remaining balance of the security bond will be refunded following the return and inspection of the Equipment.
(e) The Owner reserves the right to refuse, decline, cancel or modify any booking or order at its sole discretion.
(f) 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.
(g) All prices are quoted in Australian Dollars (AUD) and apply only to the hire period specified in the quotation or invoice.
(h) The Hirer agrees to pay all charges relating to loss, theft, damage, repair, replacement, cleaning, late return, hire extensions and loss of hire income associated with the Equipment. Any collection costs, recovery costs, legal fees or other expenses incurred by the Owner in recovering such amounts shall be payable by the Hirer.
(i) Prices quoted do not include Additional Services including, but not limited to, furniture set-up, furniture relocation, after-hours services, site inspections, design or concept development, CAD drawings, floor plans or any other services not specifically listed in the quotation. Additional Services are available upon request and may incur additional charges.
(j) Any changes to the booking, including additions, removals or substitutions of Equipment, may result in a revised quotation and additional charges.
(k) The Owner reserves the right to withhold delivery, installation or collection of Equipment where any amount owing remains unpaid.
5. DAMAGE WAIVER
The 7% Damage Waiver (excluding GST) is payable by the Hirer and covers normal wear and tear and minor accidental damage to the Equipment during the hire period, subject to the exclusions set out below. The Damage Waiver is not insurance and does not cover loss, theft, negligence, misuse or any of the exclusions listed in this section. The Damage Waiver will apply only where the repair or replacement cost of the damaged Equipment does not exceed 25% of the hire 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 to, or loss of, the Equipment from any unknown cause.
(d) Damage, destruction or breakage of the Equipment caused by fire, storm, flood, accident, negligence or misuse.
(e) Failure to return the hired equipment by the return date unless an extension has been approved by the owner.
(f) Damage resulting from not properly drying, cleaning and/or packing the Equipment.
(g) The Damage Waiver covers accidental breakage of up to four (4) glasses per hire. Additional broken, chipped or missing glassware will be charged at the applicable replacement rate.
(h) Any non-removable stains, burns, mould, odours or other permanent damage to the Equipment will be charged at the full repair or replacement cost, as determined by the Owner.
(i) Equipment that is lost, stolen or damaged beyond economical repair shall be charged at the full replacement value, including any freight, import, sourcing or associated costs incurred by the Owner.
(j) The Hirer agrees to compensate the Owner for any loss of hire income incurred while damaged Equipment is being repaired, replaced or otherwise unavailable for hire as a result of loss, theft or damage occurring during the hire period, until such Equipment is returned to a hireable condition.
(k) Damage caused by heaters, naked flames, candles, fireworks, sparklers, smoke machines, cooking equipment, catering operations or any other heat source.
6. CANCELLATION
Due to the nature of event hire and the reservation of Equipment, labour and event dates, cancellations may result in the forfeiture of some or all amounts paid.
(a) All booking deposits are non-refundable.
(b) Cancellations made more than six (6) weeks prior to the scheduled delivery or Hirer collection date will forfeit the booking deposit. Any additional amounts paid above the 50% deposit may be refunded at the Owner’s discretion, less any cancellation fees, administration costs or expenses incurred by the Owner.
(c) No refund will be provided for cancellations made less than six (6) weeks prior to the scheduled delivery or Hirer collection date. The Hirer remains liable for the full amount of the booking.
(d) Any reduction in the scope of a booking, including the removal of Equipment or services after confirmation, may be treated as a partial cancellation and may incur cancellation fees at the Owner’s discretion.
(e) No refund applies to cancellations for Custom Built or Special Purchase Equipment. The Hirer shall be liable for all costs incurred by the Owner in relation to such Equipment.
(f) Where the Owner cancels an installation due to forecast dangerous weather conditions, including extreme wind gusts that may compromise the safety of staff, guests or Equipment, the Hirer will be entitled to a full refund of monies paid for the affected Equipment.
(g) Where an event is unable to proceed due to government-imposed restrictions, public health orders or other circumstances beyond the reasonable control of the Hirer, the Owner may, at its sole discretion, issue a credit for monies paid. Any such credit will be subject to the Credit Terms and Conditions below.
(h) Credit vouchers are valid for twelve (12) months from the original event date and are subject to Equipment availability. Credit vouchers are non-transferable, not redeemable for cash and may only be used by the original client named on the booking. Credit vouchers cannot be redeemed for events between 1 June and 31 August inclusive.
7. LIABILITY and INDEMNITY
(a) 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 loss, theft or damage however caused during that period. The Hirer shall protect the Equipment from the elements during delivery, use, storage and any period prior to collection. The Owner does not provide insurance cover for loss of, or damage to, the Equipment whilst in the possession of the Hirer. The Owner shall not be liable for any loss or damage caused to any person, property, animal or thing whatsoever arising from the use of the Equipment hereby hired and the Hirer indemnifies the Owner against any claims for such loss or damage.
(b) In addition to the cost of repair or replacement of the Equipment, the Hirer shall be liable for any loss of hire income incurred by the Owner as a result of the Equipment being lost, stolen, damaged or destroyed until such time as the Equipment is repaired or replaced and returned to a hireable condition.
(c) The Owner’s count and/or assessment of the condition of the Equipment prior to dispatch and upon return shall be final.
(d) The Hirer grants the Owner access at all reasonable times to inspect, maintain or repair the Equipment and, in the event of default, to recover or remove the Equipment. The Hirer shall not attempt to repair the Equipment and must notify the Owner immediately in the event of any breakdown, loss or damage.
(e) If the Hirer fails to return the Equipment, make the Equipment available for collection, or otherwise breaches these Terms and Conditions, the Owner reserves the right to enter the Site or any location where the Equipment is reasonably believed to be located for the purpose of recovering the Equipment. Any costs incurred by the Owner in locating, recovering, transporting, storing, repairing or replacing the Equipment shall be payable by the Hirer.
(f) The Hirer agrees not to use the Equipment for any purpose other than its intended use or at any location other than that specified in the booking without the Owner’s prior written approval. The Hirer acknowledges responsibility for the Equipment and shall be liable for any resulting loss or damage.
(g) The Owner accepts no responsibility for third-party equipment, decorations, lighting, chandeliers, signage, florals or any other items attached to, suspended from or installed within the Owner’s Equipment. Any approval granted by the Owner does not transfer responsibility for installation, safety, compliance or suitability.
(h) The Owner reserves the right to cancel, postpone, modify or delay any installation, collection or dismantling where weather conditions, including but not limited to dangerous wind gusts, heavy rain, electrical storms, flooding, hail, extreme heat or unsafe site conditions may compromise the safety of staff, guests, Equipment or property.
(i) The Owner shall not be liable for any failure or delay in performing its obligations where such failure or delay arises from circumstances beyond its reasonable control including, but not limited to, extreme weather, natural disasters, road closures, accidents, government restrictions, supplier failures, labour shortages or other unforeseen events.
(j) Where the Hirer consists of more than one person or entity, the liability of each Hirer shall be joint and several.
(k) The Owner shall not be liable for any indirect, consequential, special or economic loss, loss of profits, loss of revenue, loss of opportunity, event cancellation costs or any other consequential loss arising from the hire, use, delivery, installation, collection, delay, cancellation or unavailability of the Equipment.
(l) The Owner reserves the right to photograph, film and otherwise record its Equipment and installations at event locations. The Owner may also use photographs, videos and other media featuring the Owner’s Equipment that have been supplied to, shared with or made available to the Owner by the Hirer, photographers, videographers, venues, planners or other event suppliers, provided such use is permitted by the owner of the content. Such photographs, videos and other media may be used for marketing, advertising, website, social media, promotional and other business purposes.
8. DELIVERY and COLLECTION
(a) Betta Event Hire offers both delivery and warehouse collection of hired Equipment. Warehouse collection orders are subject to a minimum hire value of $75.00, excluding the Warehouse Preparation & Handling Fee. This fee contributes to the costs associated with processing the booking, order administration, preparing and checking Equipment prior to hire, and inspecting, cleaning and restocking Equipment upon its return.
Standard delivery orders are subject to a minimum hire value of $350.00, excluding delivery and collection charges. Where the total hire value of the Equipment is less than $350.00, the minimum hire charge of $350.00 will apply, in addition to any applicable delivery and collection charges.
Delivery orders located outside our standard delivery area (approximately 40–45 minutes or more from our Kilsyth warehouse) are subject to a minimum hire value of $800.00 (excluding delivery and collection charges). Betta Event Hire reserves the right to vary this minimum based on the delivery location, travel time, site accessibility, logistical requirements and seasonal demand.
Certain Equipment is available for delivery only and cannot be collected from our warehouse. Delivery and collection charges are calculated based on factors including travel distance, vehicle requirements, labour, and the size, weight and complexity of the order.
(b) Hired Equipment may be collected from the Owner’s premises in Kilsyth during designated collection hours. Warehouse collection orders are subject to a minimum hire value of $75.00, excluding the Warehouse Preparation & Handling Fee.Â
(c) Delivery and collection times are estimates only. Unless otherwise agreed in writing, deliveries and collections may occur at any time between 8:00am and 5:00pm. Additional charges may apply for specific delivery times, after-hours services, public holidays or weekend requirements.
(d) The Owner will make every reasonable effort to accommodate the Hirer’s requested delivery and collection dates and times. However, due to scheduling requirements, weather conditions, staffing availability and peak seasonal demand, the Owner reserves the right to deliver or collect the Equipment on alternative dates or at alternative times where reasonably necessary. The Owner will provide notice of any significant changes wherever practicable.
(e) Furniture setup, styling, positioning, relocation and pack-down services are not included in the standard hire rates unless specifically quoted. Additional charges may apply for these services.
(f) The Hirer is responsible for ensuring that a suitable person is available to accept delivery and facilitate collection of the Equipment.
(g) The Equipment must remain at the agreed delivery and collection location and be readily accessible for collection. Additional labour charges, return visit fees, waiting time charges or collection fees may apply where the Equipment is not accessible at the scheduled collection time.
(h) The Hirer must inspect the Equipment upon delivery or collection and notify the Owner of any shortages, defects or discrepancies within 24 hours. Failure to notify the Owner within this period shall be deemed acceptance that the Equipment has been received in good order and condition.
(i) Where marquees, walls, flooring or other Equipment are wet, muddy or otherwise unsuitable for packing and storage at the scheduled collection time, the Owner reserves the right to delay collection until the Equipment is sufficiently dry and safe to remove. Any additional labour, travel, collection or return visit costs incurred as a result may be charged to the Hirer.
(j) Failure to have the Equipment available for collection or returned on the agreed date may result in additional hire charges, late fees, collection charges and any other costs incurred by the Owner.
(k) The Hirer is responsible for ensuring safe and reasonable access for delivery and collection vehicles and staff. Additional charges may apply where difficult access, excessive carrying distances, stairs, restricted access, locked gates, steep gradients or other site conditions result in additional labour, equipment or time being required.
9. ACCEPTANCE OF THESE TERMS
(a) By accepting a quotation, paying a deposit, placing a booking, accepting delivery of the Equipment or otherwise engaging the services of the Owner, the Hirer acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.
(b) The Owner reserves the right to amend these Terms and Conditions from time to time. The Terms and Conditions in effect at the time a booking is confirmed shall apply to that booking unless otherwise agreed in writing by the Owner