These Terms and Conditions of Hire apply to all equipment, goods and services supplied by Festival Hire/Barossa Function Hire (“the Company”, “we”, “us” or “our”) to the customer (“Customer” or “Hirer”).
By accepting a quotation, paying a deposit, taking possession of hired Equipment, or allowing the Company to commence delivery, installation or other services, the Customer acknowledges that they have read, understood and accepted these Terms and Conditions.
No variation of these Terms and Conditions will be binding upon the Company unless agreed to in writing by an authorised representative of the Company.
QUOTATIONS
(a) Unless otherwise stated in writing, quotations are valid for 30 days from the date of issue and remain subject to availability of Equipment at the time the booking is confirmed.
(b) Unless otherwise specified, the amount quoted is for the hire period stated on the quotation. Where a quotation is based on a one-day hire, late or extended returns may be charged at 20% of the applicable hire charge for each additional hire period, unless otherwise agreed.
(c) Quotations are based on the information supplied by the Customer and, where applicable, are subject to site inspection.
(d) Unless specifically included in the quotation, additional time or costs incurred due to site access, clearing, levelling, packing, waiting time, additional labour, additional cartage, changes to the installation or other circumstances outside the Company’s reasonable control may be charged to the Customer.
(e) Equipment remains subject to availability until the required deposit or other agreed confirmation has been received by the Company.
DEPOSIT
(a) A 30% deposit is required to secure the booking unless otherwise agreed in writing by the Company.
(b) Payment of the deposit constitutes acceptance of the quotation and these Terms and Conditions.
PAYMENT
(a) Full payment must be made at least 24 hours prior to dispatch or delivery and cleared into the Company’s account unless alternative payment terms have been agreed beforehand.
(b) Customer collections must be paid in full prior to or at the time of collection from the Company’s warehouse.
(c) Approved credit-account customers must make payment in accordance with the payment terms shown on their invoice or account agreement.
(d) The Company may withhold delivery, installation or further supply of Equipment where an account is overdue.
(e) The Customer is responsible for reasonable expenses and costs incurred by the Company in recovering overdue amounts, including debt collection agency fees, dishonoured payment fees and reasonable legal costs.
(f) A 10% account keeping fee may be charged weekly on overdue accounts, to the extent permitted by law.
CANCELLATION AND VARIATION OF ORDERS
(a) Once a deposit has been paid, cancellation may incur an administration fee of up to $330. This fee will be applied at the discretion of the Company.
(b) Cancellations must be received in writing at least 14 clear days prior to the delivery date.
(c) Cancellations made with less than 14 days’ notice will incur a cancellation fee equal to 30% of the hire amount.
(d) Cancellations made within 7 days of the delivery date will be charged at the full hire amount.
(e) Requests to reduce quantities, remove Equipment or otherwise substantially vary an order may be treated as a partial cancellation and the applicable cancellation terms may apply.
(f) Additions to an order are subject to Equipment availability and may result in additional hire, labour, transport and installation charges.
(g) Where the Company has incurred non-refundable third-party expenses or has obtained Equipment specifically for the Customer’s booking, those costs may also be payable by the Customer to the extent permitted by law.
SUBSTITUTION
(a) The Company will make reasonable efforts to supply the Equipment specified in the quotation.
(b) Where Equipment becomes unavailable due to circumstances outside the Company’s reasonable control, the Company may substitute the Equipment with the nearest reasonably available equivalent.
(c) Where practicable, the Company will attempt to contact the Customer before making a significant substitution.
DELIVERY AND COLLECTION
(a) Unless otherwise stated, delivery charges are based on reasonable vehicle access and delivery to standard ground level.
(b) Additional charges may apply where delivery or collection involves stairs, lifts, difficult access, excessive carrying distances, restricted access, waiting time or other conditions not disclosed when the quotation was prepared.
(c) Additional labour charges may apply for services including table setting, positioning or rearranging furniture, installation of items not included in the quotation, moving Customer property or other work requested onsite.
(d) The Company will make reasonable efforts to meet requested delivery and collection times. However, unless expressly agreed otherwise in writing, delivery and collection times are estimates and the Company will not be liable for delays outside its reasonable control.
(e) The Customer must ensure that all Equipment is accessible and ready for collection at the agreed time and location.
(f) Additional charges may apply where the Company is unable to deliver or collect Equipment because the site is inaccessible, unattended or the Equipment is not ready for collection.
DELIVERY DOCKETS AND SHORTAGES
(a) The Company’s delivery docket, collection docket, electronic record or other dispatch documentation will be evidence of the quantity and type of Equipment supplied or returned.
(b) The Customer should provide an authorised representative to check the Equipment on delivery or collection where reasonably practicable.
(c) The Company may deliver Equipment where no Customer representative is present where this has been agreed or where reasonable access has been provided.
(d) Any shortage, incorrect Equipment or apparent damage must be notified to the Company within 24 hours of receiving the Equipment and, wherever possible, prior to commencement of the event.
(e) Claims for shortages made after the event may not be accepted where the Company has not been provided with a reasonable opportunity to verify the shortage.
EXTENDED HIRE AND LATE RETURNS
(a) Equipment must be returned or made available for collection at the agreed date and time.
(b) The Customer must obtain the Company’s approval for any extension of the hire period.
(c) Additional hire charges will apply where Equipment is retained beyond the agreed hire period.
(d) Where Equipment is not returned or made available for collection when due, hire charges may continue until the Equipment is returned to the Company or the Company is notified of its loss.
(e) No refund will ordinarily be provided for the early return of Equipment hired for an agreed extended period.
RESPONSIBILITY FOR EQUIPMENT
(a) The Customer is responsible for the Equipment from the time it leaves the Company’s possession until it is returned to, or collected and taken back into the possession of, the Company.
(b) During this period the Customer bears responsibility for loss, theft, damage, misuse or destruction of the Equipment, except to the extent caused by the Company.
(c) The Customer must use the Equipment only for its intended purpose and in accordance with any instructions, safety requirements, manufacturer specifications and applicable laws.
(d) The Customer must not overload, exceed the rated capacity of, misuse, abuse, modify, relocate or interfere with Equipment in a manner that may affect its safety or operation.
SITE APPROVAL AND CUSTOMER RESPONSIBILITIES
(a) The Customer is responsible for ensuring the site is suitable, safe, accessible and ready for delivery and installation.
(b) The Customer is responsible for obtaining all necessary approvals, permits, permissions and authority requirements relating to the event, venue or installation unless the Company has specifically agreed in writing to obtain them.
(c) The Customer must ensure that the ground, floor, foundations or other surfaces upon which Equipment is to be installed are suitable and capable of safely supporting the Equipment and anticipated loads.
(d) The Customer must advise the Company of known underground and overhead services, hazards and site restrictions before installation.
(e) Underground water pipes, irrigation, electrical cables, gas services, communications services and other underground infrastructure must be clearly identified and marked before the Company commences pegging or installation.
(f) The Company accepts no responsibility for damage to unidentified underground services caused during normal pegging, anchoring or installation activities, to the extent permitted by law.
(g) The Customer must ensure suitable access and egress is available for the Company’s vehicles, trucks, forklifts, trailers and personnel.
SECURITY, LOSS AND THEFT
(a) The Customer is responsible for the security of all Equipment during the hire period.
(b) The Company must be notified immediately if Equipment is lost, stolen or cannot be accounted for.
(c) In the event of theft, the Customer must notify the police and provide the Company with details of the incident and police report or event number where available.
(d) The Customer is responsible for the reasonable replacement cost of Equipment lost, stolen, destroyed or damaged beyond economical repair while under the Customer’s responsibility, except to the extent caused by the Company.
(e) Hire charges may continue until the Company is notified that Equipment has been lost or stolen.
DAMAGE AND SHORTAGES
(a) The Company’s records regarding the quantity and condition of Equipment before dispatch and following return will be relied upon when assessing shortages or damage.
(b) The Customer is responsible for the reasonable cost of repairing damaged Equipment or replacing Equipment that is lost, destroyed or damaged beyond economical repair while under the Customer’s responsibility.
(c) Fair wear and tear resulting from normal and proper use is excluded.
(d) Damage resulting from overloading, misuse, abuse, improper operation, unauthorised relocation, alteration or failure to follow instructions will be the Customer’s responsibility.
(e) The Customer remains bound by these Terms and Conditions whether or not a physical copy has been signed where the Customer has otherwise accepted the quotation, paid the deposit or taken possession of the Equipment.
CLEANING
(a) Equipment must be returned reasonably clean and packed in the appropriate containers, racks or cartons where supplied.
(b) Catering Equipment, including cutlery, crockery and glassware, must have excess food and liquids removed before return.
(c) Equipment returned excessively dirty may incur an additional cleaning charge.
(d) Where applicable, a cleaning charge of up to 20% of the applicable hire charge may be applied where Equipment is returned in a condition requiring additional cleaning.
(e) Tablecloths, linen, tea towels, canvas products and similar items must not be packed while wet where doing so may cause mould, staining or other damage.
(f) Damage resulting from wet or inappropriate packing may be charged to the Customer.
ELECTRICAL EQUIPMENT
(a) The Customer must provide a suitable, safe and compliant electrical supply for electrical Equipment.
(b) The Customer must not connect Equipment to an unsuitable or overloaded electrical supply.
(c) Damage caused by an unsuitable electrical supply, overloading, electrical fault originating from the Customer’s supply or other electrical Equipment not supplied by the Company may be charged to the Customer.
(d) Electrical Equipment must be used in accordance with applicable electrical safety requirements and manufacturer instructions.
INSURANCE
(a) Unless expressly stated otherwise, the Company does not provide insurance covering the Customer against loss, theft, damage or non-return of hired Equipment.
(b) The Customer is responsible for determining whether insurance is required for the Equipment, event or hire period.
(c) For significant events, the Customer should consider maintaining appropriate public liability, event and hired-equipment insurance.
SAFETY
(a) The Company will carry out its work in accordance with applicable South Australian work health and safety legislation, including the Work Health and Safety Act 2012 (SA) and applicable regulations, codes of practice and safety requirements.
(b) The Customer must take all reasonably practicable steps to provide and maintain a safe site for the Company’s employees, contractors, event personnel and other persons.
(c) The Customer is responsible for ensuring appropriate safety measures are maintained throughout the event and hire period.
(d) The Customer must ensure that Equipment is operated and used in accordance with relevant legislation, applicable Australian Standards, manufacturer specifications and the Company’s instructions.
(e) The Customer must not permit any unauthorised alteration or modification of Equipment.
(f) Where the Company reasonably considers that a site, weather condition, installation, use of Equipment or other circumstance creates an unacceptable safety risk, the Company may stop work, delay installation, modify the installation, require an area to be cleared, or decline to install or continue work until the risk has been adequately controlled.
(g) The Customer must follow all reasonable safety directions given by the Company in relation to hired Equipment.
SITE INFORMATION AND SUITABILITY
(a) The Customer must provide the Company with accurate information regarding the event site, including surface type, access, underground and overhead services, slopes, drainage, existing structures and any known site restrictions.
(b) The Company reserves the right to inspect the site before installation and to alter the proposed installation method where reasonably necessary for safety, access or structural requirements.
(c) The Customer is responsible for ensuring the site is suitable for the intended event and use of the structure.
(d) Where site conditions differ materially from the information provided at quotation stage, the Company may charge additional labour, transport, equipment, weighting, flooring or other costs reasonably incurred.
UNDERGROUND AND OVERHEAD SERVICES
(a) Before the Company commences installation, the Customer must identify and clearly mark the location of all underground services including water, irrigation, electricity, gas, sewer, communications, drainage and other infrastructure.
(b) The Customer must advise the Company of overhead powerlines, trees, structures or other hazards that may affect installation.
(c) Where the Customer cannot confirm the location of underground services, the Company may require a service-location report, relevant underground-service information, non-invasive anchoring method or additional weighting.
(d) The Company may refuse to peg or anchor into the ground where the location of underground services cannot be reasonably established.
(e) Additional costs associated with alternative anchoring or weighting methods will be payable by the Customer.
PEGGING, ANCHORING AND WEIGHTING
(a) The Company will determine the appropriate anchoring, pegging, ballast or weighting system having regard to the structure, surface, site conditions, manufacturer requirements and applicable engineering or industry guidance.
(b) The Customer must not remove, relocate, loosen, disconnect or interfere with any peg, anchor, ratchet strap, ballast, concrete weight, bracing or other structural component.
(c) Where pegging is not permitted or appropriate, suitable ballast or weighting must be used.
(d) The Customer is responsible for advising the Company before quotation acceptance where a venue, landlord, council or other authority prohibits ground penetration.
(e) Additional ballast, handling, transport, labour or lifting equipment required because pegging cannot be used will be charged to the Customer unless specifically included in the quotation.
ALTERATION OR RELOCATION OF STRUCTURES
(a) Marquees, pavilions and temporary structures must not be moved, relocated, altered, extended, reduced or dismantled by the Customer.
(b) Walls, doors, gables, roof components, bracing, weights, anchors and structural components must not be removed or altered without the Company’s approval.
(c) Any alteration to the structure requested after installation must be carried out by the Company or an authorised representative and may incur additional charges.
(d) Where a Customer or third party alters or interferes with a structure without approval, the Company may require the structure to be evacuated until it has been inspected and made safe.
CUSTOMER-SUPPLIED EQUIPMENT AND ATTACHMENTS
(a) The Customer must not attach signage, lighting, decorations, rigging, speakers, screens, banners, heating equipment, temporary cabling or other items to the structure without the Company’s prior approval.
(b) Items must not be suspended from structural components unless the structure has been assessed as suitable for the proposed load.
(c) The Company accepts no responsibility for damage or structural issues resulting from unauthorised attachments or loads.
(d) Where the Company approves an attachment, the Customer must comply with any load limits or installation requirements specified by the Company.
FLOORING AND GROUND CONDITIONS
(a) The Customer must advise the Company of uneven, soft, sloping, wet, unstable or otherwise unsuitable ground conditions before installation.
(b) Temporary flooring is installed over the existing ground conditions and does not create a level permanent floor unless specifically designed and quoted to do so.
(c) The Company does not warrant that standard temporary flooring will eliminate all movement, unevenness, moisture or ground irregularities.
(d) Additional sub-flooring, levelling, packing or specialised flooring required because of site conditions will be charged separately.
(e) The Customer must keep access points, emergency exits and flooring clear of trip hazards, spills and obstructions during the event.
GENERATORS AND ELECTRICAL SUPPLY
(a) Where the Customer provides their own generator or electrical supply, the Customer is responsible for ensuring that the supply is adequately sized, safe, compliant and suitable for the equipment being operated.
(b) The Company is not responsible for power outages, tripping, equipment failure or event disruption caused by inadequate or unsuitable Customer-supplied power.
(c) Where the Company supplies a generator, the quoted capacity is based on the electrical load information provided by the Customer at the time of quotation.
(d) The Customer must advise the Company of all electrical equipment intended to be connected to the generator or power distribution system.
(e) Additional electrical equipment added after quotation may require a larger generator, additional distribution equipment or electrical services and may incur additional costs.
(f) Generators must not be relocated or additional loads connected without approval where doing so may affect the capacity or safe operation of the system.
HEATING, COOKING AND OPEN FLAMES
(a) Cooking equipment, heaters, naked flames, fire pits, barbecues and other heat-producing equipment must not be used within or adjacent to marquees or temporary structures unless specifically approved and installed in accordance with applicable requirements.
(b) The Customer is responsible for ensuring appropriate fire extinguishers, fire blankets, clearances and emergency provisions are provided where required.
(c) The Company may prohibit the use of equipment that it reasonably considers presents an unacceptable fire or safety risk.
SITE ACCESS FOR MARQUEE OPERATIONS
(a) The Customer must provide suitable access for the Company’s vehicles, trucks, trailers, forklifts and installation personnel.
(b) Access must be reasonably firm, clear and capable of supporting the vehicles or machinery required for the installation.
(c) The Customer must advise the Company in advance of restricted access, gates, height restrictions, soft ground, steep inclines, stairs, lifts, security requirements or other access limitations.
(d) Additional labour, equipment or transport costs caused by access conditions not previously disclosed may be charged to the Customer.
(e) The Company may decline to drive vehicles or machinery onto an area where it reasonably considers there is a risk of bogging, property damage, injury or unsafe operation.
PERMISSIONS, PERMITS AND VENUE REQUIREMENTS
(a) Unless expressly included in the Company’s quotation, the Customer is responsible for obtaining all required council approvals, venue approvals, permits, occupancy approvals, event approvals and other permissions required for the event.
(b) The Customer must provide the Company with any venue-specific installation requirements before the installation date.
(c) Where a council, venue, property owner, engineer or other authority requires additional anchoring, weighting, documentation, certification, modification or inspection, the Customer will be responsible for any resulting additional costs unless otherwise agreed.
WEATHER AND UNSAFE CONDITIONS
(a) The Customer acknowledges that marquees and temporary structures are affected by weather conditions and must be managed in accordance with the Company’s Wind Evacuation Plan.
(b) The Company may postpone, suspend or cancel installation or dismantling where weather conditions make the work unsafe.
(c) The Company may refuse to install, or may require additional anchoring or weighting, where forecast weather conditions create an increased risk.
(d) If the Company reasonably considers that a marquee or temporary structure is unsafe for continued occupation, the Company may direct that the structure be evacuated.
(e) The Customer must comply immediately with any direction from the Company, emergency services, venue management or relevant authority to evacuate or cease use of a structure.
(f) Where the Company cannot safely install or dismantle because of weather or site conditions, additional attendance, labour, transport or extended hire charges may apply where reasonably incurred.
WEATHER-RELATED CANCELLATION OR POSTPONEMENT
(a) Weather conditions alone do not automatically entitle the Customer to a refund or cancellation without charge.
(b) Where an event is postponed because of weather, the Company will endeavour to transfer the booking to a new date subject to Equipment availability and any additional costs incurred.
(c) Costs already incurred by the Company for labour, transport, subcontractors, special-order Equipment, installation, dismantling or other committed expenses may remain payable.
(d) Any cancellation remains subject to the Company’s standard cancellation terms unless otherwise agreed in writing.
EMERGENCY ACCESS AND EVACUATION
(a) The Customer must maintain clear access to all emergency exits, accessways, fire equipment and evacuation routes throughout the event.
(b) The Customer must not block marquee exits with furniture, staging, bars, catering equipment, decorations or other items.
(c) For larger events, the Customer is responsible for ensuring that the marquee forms part of the event’s Emergency Management Plan where required.
(d) The Company’s Wind Evacuation Plan must be incorporated into the event’s operating procedures where applicable.
DAMAGE CAUSED BY OTHER CONTRACTORS
(a) The Customer is responsible for ensuring that caterers, electricians, decorators, audio-visual contractors, security personnel and other third-party suppliers do not damage, alter or interfere with the Company’s Equipment.
(b) Damage caused by another contractor while the Equipment is under the Customer’s responsibility will remain the Customer’s responsibility, without limiting the Customer’s ability to recover those costs from the contractor concerned.
COMPANY RIGHT TO MAKE SAFE
Where the Company reasonably believes that a structure, installation or item of Equipment has become unsafe, the Company may take any reasonable action necessary to protect persons and property, including restricting access, removing Equipment, altering the installation, adding anchoring or weighting, or directing evacuation.
Reasonable costs incurred in making the structure safe may be charged to the Customer where the unsafe condition was caused by the Customer, the event, another contractor, a change in site conditions or circumstances outside the Company’s control.
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
(a) To the maximum extent permitted by law, the Company will not be liable for indirect, consequential, special or economic loss arising from the hire or use of Equipment, including loss of revenue, profit, opportunity or event-related income.
(b) Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
(c) Where the Company’s liability cannot lawfully be excluded, its liability will be limited to the extent permitted by law.
EVENTS OUTSIDE THE COMPANY’S CONTROL
The Company will not be responsible for failure or delay in performing its obligations where caused by circumstances beyond its reasonable control, including severe weather, fire, flood, road closure, accident, government restriction, industrial action, equipment failure despite reasonable maintenance, emergency, natural disaster or other events beyond the Company’s reasonable control.
Where such circumstances occur, the Company will use reasonable endeavours to minimise disruption and communicate with the Customer.
GST AND GOVERNMENT CHARGES
(a) Unless otherwise stated, prices will be treated as inclusive or exclusive of GST as specified on the quotation.
(b) The Customer is responsible for applicable government fees, permits, approvals or charges associated with their event unless specifically included in the Company’s quotation.
GOVERNING LAW
These Terms and Conditions are governed by the laws of South Australia.
The parties submit to the jurisdiction of the courts and tribunals of South Australia for the determination of disputes arising from these Terms and Conditions.
INTERPRETATION
“Festival Hire” or “Barossa Function Hire” – “the Company” means Natrasha Pty Ltd, being the entity supplying the Equipment and services identified on the relevant quotation or invoice.
“Customer” or “Hirer” means the person, persons, company, organisation or other entity to whom the quotation, contract or invoice is addressed and includes their authorised representatives, successors and permitted assigns.
“Equipment” means all goods, equipment, structures, furniture, catering equipment, accessories and other items hired or supplied by the Company under the relevant quotation or contract.
“Hire Period” means the period specified in the quotation or otherwise agreed between the Company and the Customer.
Acceptance of a quotation issued by Festival Hire payment of a deposit or taking possession of Equipment constitutes acknowledgement that the Customer has read, understood and agreed to these Terms and Conditions of Hire.
AFTER-HOURS EMERGENCY
After-hours emergency only: 0410 605 527