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Terms and Conditions of Hire

DEFINITIONS
  1. The ‘Company’ is Pink Caviar Projects Pty Ltd trading as Pink Caviar Events (ABN 50 166 515 751).
  2. The ‘Customer refers to any individual, firm, or corporation hiring Equipment or appoints services from the ‘Company’.
  3. The ‘Equipment’ refers to all centrepieces, furniture, decor, linens, lighting accessories and other hire items supplied to the ‘Customer’.
  4. The ‘Hire Date’ is the day of the event (supplied by the Customer to the Company).
  5. The ‘Hire Fee’ is the amount paid to the Company for the hire of equipment.
  6. The ‘Hire Period’ is the period which the Equipment is hired by the Customer as specified in the agreement, commencing on the delivery (or pick up) of the Equipment to the Site and expiring on the collection/ return date as stated in the agreement.
  7. ‘Extended Hire’ is the daily rate charged to the Customer after the return date until the Equipment is returned to the Company.
  8. ‘Payment Date’ is the date on payment of services is required.
  9. ‘Site’ is the location on which the Equipment will be used.
CONDITIONS OF HIRE

The hiring of Equipment is done on a first to book basis and subject to availability. To secure the Equipment for your booking, a 25% deposit needs to be paid by the due date given and these Standard Terms and Conditions of Hire signed and returned to the Company. Should both these not be done by the due date the Company has the right to hire any Equipment to another Customer. This is a hiring agreement only and does not constitute or give rise to any sale of the Equipment to the Customer. Pink Caviar Events is the sole exclusive owner of the Equipment.

QUOTATION

Unless otherwise stated in writing the Company’s quotation will be valid for a period of fourteen (14) days from the date of issue. Booking requests made within fourteen (14) days of hire date is subject to written confirmation and availability and will require immediate full payment by credit card or cash.

On payment of the Hire without the Customer’s written confirmation to such, it shall be deemed that the Customer agrees to and accepts these Terms and Conditions of Hire. The Hire Period will begin from the commencement date specified by the Company and shall be collected by or returned by the date specified by the Company. Any extension of the hire period needs to be agreed to by the Company and may incur additional fees.

DEPOSIT AND PAYMENT TERMS

The Customer will pay the Hire Fee to the Company on the Payment Date as stated in the agreement.  A non-refundable deposit of 25% (of the total booking amount including GST, delivery fees and/or required setup and collection) is required at the time of the booking. Final payment of the remaining 75% of the total booking cost shall be paid fourteen (14) days prior to the Hire Date.

Payments can be made by in cash, direct deposit into the company’s bank account (BSB 302-973 / Acc 0288485 / Name Pink Caviar Projects Pty Ltd) or by Credit Card via our secure online portal by the due date specified. Please note that all credit cards will incur a 2.5% surcharge (Visa and Mastercard only). Please advise us if you wish to pay by credit card, and we will send through the secure link. Should the final payment not be made fourteen (14) days prior to the Hire Date the company reserves the right to no longer supply any Equipment to the Customer. The deposit will not be returned should this occur.

MINIMUM HIRE FEE

The minimum hire fee for any event is $250, excluding any delivery, pick up and GST fee.

CANCELLATION POLICY

The Customer may cancel an order at any time by giving the company written notice to info@pinkcaviar.com.au. No cancellation by the Customer is valid unless it has been acknowledged in writing by the Company. Please note that the following cancellations fee will occur:

  • Cancellation more than 60 days prior to the event – Loss of deposit
  • Cancelled 60 to 30 days prior to the event – 50% of total booking cost
  • Cancelled 30 days prior to the event – 100% of total booking cost

Cancellations of bookings/events due to weather shall still be subject to the cancellation policy above. The Company is in no way responsible for inclement weather that may cause the Customer to cancel their hire booking.

INSURANCE

Pink Caviar Events carry public liability insurance to the value of $20,000,000. However, we recommend that separate “event” insurance be considered to cover against such eventualities as inclement weather, theft, equipment failure and any other unforeseen incidents.

SECURITY BOND AND PROOF OF ID

Credit card details (via our Bond form) and a copy of Customer’s driver’s licence is required as a security bond and held in the case of any damages, breakages, theft or unaccounted Equipment from the Company. Any damaged, missing and/or very unclean items will be charged at full replacement cost and/or cleaning cost will then be deducted from the Customer’s nominated credit card. General linen dry cleaning is included in the Hire Fee paid by the Customer. Credit card information will be destroyed after the Hire Period is completed. The company reserves the right to request an additional security bond to cover any high-value Equipment. The amount will be determined by individual booking requirements. If a pre-paid Bond is required, the Company will return this to the Customer within seven (7) days of the Hire Period end by EFT.

USE OF EQUIPMENT

All Equipment supplied on hire is the property of the Company and remains so until it is returned to the Company. The Customer will be responsible for the Equipment until it is returned to the Company and warrants that the Equipment will be returned in good working order to the Company. The Company makes no representation as to the suitability of the Equipment for a need or event, and it is the Customer’s responsibility to make that judgment on their behalf.

SITE APPROVAL AND ACCESS

The Customer shall be responsible for giving any local or other authorities any necessary notice of their intention to erect the Equipment or to have Equipment erected and shall pay all fees in connection in addition to that. All permits will be at the responsibility of the Customer.

The Customer shall solely be responsible for ensuring that the site is cleared and ready for the delivery and set up of the Hire Equipment. The Customer must also take into account access to the site to suitable access to, and egress from the site is adequate to suit the mode of delivery or pick up. The Company must be notified in advance if the Site has difficult access like stairs, steep driveways, parking problems or height restrictions. The Customer will be liable for any fees will apply for additional crew or time taken in the delivery and set up of Hire Equipment.

Parking arrangements must be made in order to allow access for our vehicle and team to set up and pack down your event. Should parking fees be incurred by our staff, these charges will be passed onto the Customer.

DELIVERY AND SET-UP

There must be a site contact available during the delivery time frame to receive the delivery of the Hire Equipment. A fee will be charged to the Customer for the delivery and set up of Hire Equipment. This fee will vary depending upon the distance travelled, the amount of Equipment hired, the amount of setup required and installation time. The Customer will be advised of the fee at the time of quotation once all Equipment has been decided upon. This fee may be subject to change should the Customer then change the amount of Equipment hired or amount to be set up. Delivery will be made to Ground level unless organised prior with the Company.

DIY HIRE

This is when the Customer will be responsible for the pick-up, set up and return of the Hire Equipment. Collection and return times will be confirmed at time of booking. Generally speaking, pickups will occur on Fridays between 8am -12pm and returns will occur on Mondays between 8am -12pm. A credit card form is required to be completed at the time of hire for any loss/ damages. One-way delivery and/or pick up can be organised if requested by the Customer at the time of confirming a DIY hire booking.

COLLECTION OR EQUIPMENT RETURN

Should the Company be required to return to the Site to collect the Equipment, a fee will be charged to the Customer. No collection fees will be charged if the Customer wishes to return the Equipment to the Company’s address in The Hills District, Sydney. Hire Equipment must be returned to the Company within 24 hours of the Hire Period ending to avoid Extended Hire fees to be charged.

WAITING TIMES 

Should Pink Caviar staff be made to wait more than 15 minutes at the time of delivery or pick up, waiting time charges will commence. Time will be charged at $50+GST per 1/2 hour, in 15-minute increments.

SECURITY AND SAFETY

In the event of the Equipment being stolen from the Site, the Customer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. A copy of the police report must be included for insurance purposes. Until the Company receives such notification, the hiring charges will continue. The Customer shall also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment and must pay that cost to the Company on demand. The Customer must ensure that there is adequate lighting, waterproofing, safe power supply, public protection, covering of power lines and such facilities as might be considered necessary for the facility or in the interests of safety.

ADDITIONAL EQUIPMENT

If after the commencement of hire by the Company any specification changes are requested, the cost of such changes will be borne by the Customer.

MISUSE OF EQUIPMENT

The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof.  Any Equipment used outside is done so entirely at the risk of the Customer. In no case should the Equipment be used or left outside in the rain or overnight.

EXTENDED HIRE

The Customer must return all Equipment when it is due or ensure access is supplied to the Company if they are to return to collect the Equipment. An Extended Hire fee for all Equipment not returned to the Company when it is due will be charged to the Customer, at a daily rate of hire, until the Equipment has been returned to the Company. The Customer shall give appropriate notice in writing to the Company if any extension or termination of the hire is requested. No refunds will be issued for the early return of Equipment on extended hire.

DAMAGE, LOST, STOLEN OR UNCLEAN EQUIPMENT

Upon delivery and set up of the Equipment and until the collection or return of the Equipment, the Customer has full responsibility of all Equipment hired. The Customer will pay either the repair or the full replacement cost of any Equipment badly damaged, lost or stolen. Any damaged Equipment will be decided by the Company if it can be repaired or require replacement. Burns, holes, tears, water damage or other similar damage to Equipment shall be replaced at the full cost to the Customer. Such payment shall be made by the Customer within seven (7) days of such loss or damage coming to the attention of the Company.

  • For linens, tablecloths, napkins, chair covers etc., the cost of general dry cleaning is included and therefore not the responsibility of the Customer.
  • For glassware, crockery, platters and cutlery, the Customer will be responsible for the cleaning of the Equipment in accordance with the cleaning instructions given at the time of hire. For any Equipment returned unclean, the Customer shall pay the company the full cost of returning the Equipment to a clean condition.
  • Coloured metal cutlery must not be left soaking in water or cleaned with any harsh cleaning chemicals. All cutlery must be fully dried before packing.

The Customer shall protect the Equipment from the elements during the time of hire. In poor weather conditions storage of the Equipment may be necessary and is the responsibility of the Customer to see that the Equipment is stored safely. Any Equipment damaged from weather is the full responsibility of the Customer and shall be paid at full replacement cost to the Company.

The Company’s Equipment shall be delivered and set up in a clean and well-maintained condition. It is the Customers responsibility to notify the Company should the Equipment not be in a satisfactory condition within two (2) hours of set up completion. Otherwise, any damage or uncleanliness of Equipment shall be deemed the Customers accountability.

Replacement values can be found here.

LIMITATION OF LIABILITY

The liability of the Company is limited as follows:

  • The Company is not liable to the Customer for any loss or damage which the Customer might sustain as a consequence of the Customer ordering the wrong Equipment or insufficient quantities of the Equipment or where the Equipment is hired for a purpose which is outside of the Equipment’s purpose.
  • The Company will have no liability to the Customer if it is the responsibility of the Customer to prepare the Site for the delivery and installation of the Equipment or where it is the responsibility of the Customer to provide the facilities and at the time of delivery of the Equipment to the Site, the Site is not so prepared or the facilities not available
  • The Company has no liability to the Customer for any damage or loss which the Customer might sustain where the cause of that damage or loss is the negligence of the Customer or any of its agents.
  • The Company is not liable for failure to perform if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

Where it is the responsibility of the Customer to ensure that the Site is safe, then the Customer indemnifies the Company against any liability to any third party who suffers injury, loss or damage caused wholly or partly as a consequence of any negligent act, omission or other failures on the part of the Customer.

GOVERNING LAW

These terms will be governed and constructed in accordance with the laws of the state of NSW and each party submits to the jurisdiction of the Courts of that state for determination of any dispute claim or demand arising out of these Terms and Conditions of Hire.

DISCLAIMER

The company shall in no way be held responsible or accountable for any injury, death or loss of income caused to the Customer, any third parties or properties due to the hire of Equipment or provided services by the Company.

AGREEMENT

The Customer acknowledges that they have read and understood the above Standard Terms and Conditions of Hire.

Last Updated June 2019