NY Party Hire – Terms & Conditions of Hire

 

Terms and meanings: For the purpose of this document, following terms have meanings as outlined below.

‘Owner’ : NY Party Hire and includes its staff;

‘Hirer’ : The person, persons or a company who hire the products and services from the owner for a fee;

‘Equipment’ : All items which are hired by the Hirer from the Owner;

‘Special Terms’ : Any specific terms (in addition to the terms and conditions set out here) which are specified in the Order, or agreed in writing between the Owner and Hirer;

‘Order’ : The hire agreement to hire the Equipment, constituted by the Order, these Terms and Conditions, any Special Terms and any other documents or written communications which evidence the agreement between the Owner and the Hirer;

‘Breakage Fees’ : The amount the Hirer agrees to pay per item for any damages / loss of items during the period of hire including transporting of the items from and to the Owner’s location.

 

Making a booking “Order”

A non-refundable initial payment as outlined in the order is to be paid by the hirer to confirm the booking. The initial payment will form a part of the total hire fee. Depending on your order, this may be a portion of the full invoice or we may request you to pay the full invoice upfront. The payment can be made via bank transfer, cash or credit card (surcharge may apply for all Credit Card payments. AMEX is not accepted). Until the initial payment is paid by the hirer, the order is not confirmed. Once Hirer receives the order details, Hirer must make the initial deposit within two days.

Failure to make the initial payment within 2 days shall result in hirer having to confirm the availability with the Owner prior to making the initial payment as the Equipment may not be available.

By making the initial payment, Hirer confirms acceptance of the order, Terms and conditions detailed here and any Specific Terms outlined in the order.

 

Security Bond / Deposit

Hirer is required to keep a security bond when collecting the Equipment from the Owner. The amount of security bond depends on the Equipment being Hired and will be outlined in the Invoice. This security bond will be refunded to the Hirer once the Equipment is returned by the Hirer in the same condition as they were provided by the Owner.

Further to the refundable security bond , Owner requires the Hirer to provide details of a valid credit card upon making the booking. Hirer acknowledges that Owner shall use this credit card to cover for any breakage or cancellation fees relating to the Hirer’s Order. In cases where Hirer has not provided a valid credit card to the Owner, Hirer will be required to pay any breakage or cancellation fees within 7 business days of receiving the invoice. Please refer to the “Breakage Fees” document provided with the Order which outlines breakage fees for each item.

 

Breakage / Loss of Equipment

In the event of any breakage / loss of Equipment by the Hirer, Hirer is liable to pay the fees outlined in the “Breakage Fees” document for each item. Hirer is required to make payment for breakage /loss of items upon returning the remaining items back within the agreed items return date as outlined in the order. In cases where Hirer fail to make payment on the agreed date, an Invoice for the broken / lost items shall be issued to the Hirer requesting payment within 7 days. If Hirer fail to make payments by the dates specified in the invoice, Owner reserves the right to seek legal action and engage collection agencies to recover the money and any costs associated with these shall be passed on to the Hirer.

 

Cancellation of the Order / Reduction of Hire Items

The initial payment paid by the Hirer is non-refundable. Once the Initial payment is paid by the Hirer, since the items will be allocated to the Hirer, Owner will not accept any reduction of the hire items by Hirer. In cases where Hirer wish to reduce the hire items, Hirer is required to pay the full Hire fee as outlined in the Invoice even if Hirer decides not to collect the reduced items from the Owner.

In the event the Hirer cancels for any reason, the order within 7 days of the order collection date (Delivery date of the Equipment by Owner or pick up date of the Equipment by the Hirer), Hirer is required to pay the full amount as outlined in the Order. Hirer may make this payment by cash, or bank transfer. If no payment has been received via cash or bank transfer, Owner reserves the right to use the credit card provided by the Hirer or issue the Hirer an invoice to make payments within 7 days to cover these costs.

Under some circumstances, Owner may waive or reduce the cancellation fee at Owner’s discretion.

Cancellations or Postponement of orders due to Covid Restrictions will impact as below:

Orders Cancelled  Prior to 7 days of order collection date (delivery date of the equipment by Owner or Pick up date of equipment by Hirer), 50% of the Hire fee will be deducted from payment made by Hirer and balance will be refunded.

Orders Cancelled within 7 days of order collection date (delivery date of the equipment by Owner or Pick up date of equipment by Hirer), 100% of the Hire fee will be deducted from payment made by Hirer.

Same conditions as above applies even if Hirer wish to postpone the event to a future date.

Collection and Return of the Equipment by Hirer

Hirer may elect to collect and return back the Equipment to Owner’s warehouse at the open times specified in the Order. Hirer is required to present a valid NSW driver’s license when collecting the Equipment from Owner.

Loading and Unloading of the hire items is the responsibility of the Hirer. Owner shall not load or unload the Hire items in to the Hirer’s vehicle(s). If the Hirer require any assistance to load / unload the hire items, Hire acknowledge that any damage caused to the Hirer’s vehicle as a result of loading / unloading of the items by the Owner, Owner shall not be held liable for the damage.

When collecting the Equipment and returning the Equipment back, all furniture (Plastic / Tiffany / Kids Chairs / Bar Chairs / Glow Furniture) are required to be transported standing upright position.

Owner does not allow the chairs to be laid on the floor of the vehicle (Except for foldable chairs). Same conditions may apply for some tables and other furniture.

If transporting the Equipment in a vehicle without a roof (I.e. Ute / Trailer/ Open Truck), all Equipment must be covered with a tarp or any material which is water proof at all times regardless of rain or not. This is to avoid the Equipment being exposed to water and dust. Hirer is responsible to ensure all required ropes / tarps are readily available to transport the Equipment. Owner reserves the right not to provide the Equipment to the Hirer if these terms and conditions and any other specific terms outlined in the order is not met by the Hirer.

In the event where the Owner determines that the Hirer’s vehicle is not suitable to transport the Equipment safely and if there is a possibility of Equipment getting damaged, Owner reserves the right to request the Hirer to use another vehicle. In such situations, Hirer has the option to return with a suitable vehicle to transport the Equipment safely within the open times specified by the Owner.

In cases where Hirer failing to bring a vehicle sufficient to transport the Equipment safely, Owner is not responsible to have the warehouse open at any other time. Owner may decide to open the warehouse to the Hirer at any other time at their absolute discretion.

Hirer failing to use a sufficient vehicle to transport the Equipment and if Hirer decides not to continue with the order, it is taken as a cancellation and Hirer is required to pay the full order fee. This payment can be made as detailed under “Cancellation of the Order” section.

When returning the Equipment by the Hirer, Hirer is responsible of adhering to the same conditions mentioned in this terms and conditions document and any other Specific Terms stated in the Order.

When returning the Equipment by the Hirer, Equipment must be returned to the Owner’s warehouse within the timeframe specified by the Owner in the Order. When returning the items back, If Hirer does not adhere to above conditions relating to transporting the items, Owner reserves the right to withhold the full security deposit paid by the Hirer. If there are any physical damages to the Equipment as a result of not complying to above stated conditions relating to transporting of the Equipment, Hirer will be liable to pay the fees as outlined in the Breakage Fees document.

Hirer failing to return the Equipment within the time specified in the Order, a late payment fee of $20 per day will be charged to the Hirer.

If Hirer fails to return the Equipment within 3 days of the agreed return date as per the order, Owner reserves the right to charge the Hirer the full Hire fee for the following weekend. This fee will be the same total as the Hirer’s Order plus the late payment fees for the 3 days incurred. Owner reserves the right to use Hirer’s credit card supplied at the time of making the booking or issue the Hirer an invoice to make payments within 7 days to cover these costs.

Delivery and Pick Up of the Equipment by Owner

Equipment can be delivered by the Owner for an additional delivery fee. If Hirer elect for the Equipment to be delivered and picked up by the Owner, the additional delivery fee will be included in the order.

Delivery of the Equipment will be made only to a ground floor area accessible via a trolley (Flatbed or Normal Trolley depending on the Equipment being transported).

If the Equipment is delivered to a residential property, the Equipment will be delivered to the front of the house (in front of the garage or inside the garage if a trolley can be used) only. Items will NOT be taken inside the property or to the back / Side of the residential property.

In cases where a Hirer’s representative is at the premises to accept / return the items, It is Hirer’s responsibility to notify of these terms and conditions to the Hirer’s representative prior to NY Party Hire delivering / Picking Up the Items.

When items are ready to be picked up on the agreed date as per the Order, Hirer must ensure all items are ready at the front of the property or inside the garage where a trolley can be used. If the items are left at the back or Side of the property, Hirer will be charged for cartage of the items which will result in a NON refund of the security bond paid by Hirer.

If the Equipment is delivered to a commercial property (i.e. function centre / park), the delivery of the Equipment will only be made to an area where vehicle access is available. Hirer is responsible to organize with the management of the commercial property to ensure that necessary vehicle access is available for the Equipment to be delivered by the Owner and a secure area is available to store the Equipment without being exposed of any water / Dirt / or theft.

If required, Equipment will be carted to a maximum of 20m of flat surface without steps from the area where the delivery vehicle can be parked. Carting of the Equipment can only be made on a hard surface. Owner will reserve the right to refuse cartage if the pathway is made of materials not suitable to be accessed via a trolley such as Gravel / Sand / paved path / uneven grass, etc. Hirer will need to make arrangements to cart the items to upper floors or basements. Owner will only cart the items to the ground floor without steps. When items are ready to be collected after the function,

Hirer is responsible in ensuring that all the items are ready at the same place the items were delivered by the Owner. Hirer failing to adhere to above conditions will result in a NON refund of the security bond paid by the Hirer to the Owner.

Regarding Marquee Setup, If there are no sufficient access (i.e. side access of a house is not wide enough for the marquees to be moved, access floor area is not even / full of waste materials…) or if the area for the marquees to be setup is not sufficient or stable, Owner may advise Hirer that the marquee(s) shall not be setup due to above reasons. In such situations, Hirer is required to pay the full hire fee of the marquee including any delivery fees as stated in the Order. Hirer will not be charged a marquee setup fee.

When Equipment is ready for collection, all Equipment must be stored safely in the same area where the Equipment were delivered by the Owner. Hirer is responsible in ensuring that the Equipment is not in danger of being damaged, lost or exposed to being dirty / Wet.

Owner will use reasonable endeavours to deliver the Equipment on the date and time as agreed in the order. In the event of late delivery or non-delivery due to circumstances beyond control of the Owner, No liability will be accepted by Owner for damages / claims of any kind from Hirer or any other vendors used by Hirer. Unless it is specifically stated in the order, Owner will not accept cancellation of the order due to late delivery. If Hirer wishes to cancel the order due to late delivery, Hirer is required to pay the full hire fee including the delivery fee as agreed in the order.

When Equipment is ready for collection, Hirer must adhere to the collection times as agreed in the order. Hirer or a representative must be available for the Equipment to be collected by Owner.

Owner will not enter premises without the presence of the Hirer or their representative to collect the Equipment.

In cases where Hirer or their representative is not available for the Equipment to be collected by the Owner at the agreed time, Hirer is responsible to arrange the Equipment to be delivered to Owner’s warehouse within 24 hours.

In cases where Hirer fail to return the Equipment within 24 hours of the Equipment pick up time specified in the order, a Late payment fee of $20 per day will be charged to the Hirer.

If Hirer fails to return the Equipment within 3 days of the agreed return date as per the order, Owner reserves the right to charge the Hirer the full Hire fee for the following weekend. This fee will be the same total as the Hirer’s Order plus the late payment fees for the 3 days incurred. Owner reserves the right to use Hirer’s credit card supplied at the time of making the booking or issue the Hirer an Invoice to cover these costs.

If Hirer requires Owner to reattempt the pickup of the Equipment on another day, an additional delivery fee may apply. This is usually the same full amount as the delivery fee as the order.

Hirer is responsible of ensuring that Equipment are kept in a secure dry place without being exposed to water / dirt when they are ready to be collected by Owner. Owner reserves the right to charge the Hirer a cleaning charge up to $5 for each item.

 

Inspection of the Equipment

If Equipment is collected by the Hirer from Owner’s warehouse, Hirer is responsible of inspecting all Equipment for any damages and to test the functionality of the Equipment the same day as the Equipment collection day. If there are any damaged or non-functional Equipment, Hirer is required to take a photo of each Equipment and email to info@nypartyhire.com.au the same day.

Hirer failing to notify Owner of any damages or missing or non-functional Equipment as mentioned above, when the Equipment are returned by the Hirer, Hirer will be liable to pay any damage / breakage fees . Having pictures on the phone without emailing them to the Owner is not sufficient.

Please note that any damages occur to the Equipment during the transit by Hirer, Hirer will be liable for the damages of those Equipment.

 

Cleaning of the Equipment

All Equipment must be cleaned by the Hirer before returning back to Owner.

All Crockery & Glassware Must be hand washed and dried and packed in the packaging boxes provided.

Crockery & Glassware are STRICTY NOT DISWHASHER SAFE.

Any furniture that are used outside (i.e. Grass / Parks, etc..) by the Hirer, Hirer is responsible for cleaning the furniture to ensure there are no mud / dirt on the furniture when returning back to Owner.

Equipment returned dirty will result in hirer being charged a cleaning fee of up to $5 for each item.

 

General Use of Equipment

All Furniture unless they are made out of Plastic material are strictly NOT to be used outside if they are exposed to water / dirt.

The Hirer is to use the Equipment safely adhering to any instructions available for the Equipment.

Hirer is responsible of ensuring Hirer’s guests and any person using the hire Equipment are aware of these terms and conditions and any other specific terms set out in the Order.

Whilst all chairs and Equipment are commercial grade quality, Hirer must ensure that proper care is taken when using the Equipment. No person shall stand / jump on the Equipment including chairs and tables.

Any setup of marquees by Owner, shall not be repositioned by Hirer at any circumstances. If the Hirer require a marquee to be repositioned, hirer shall notify the Owner, and if applicable, an additional setup cost will be charged to the Hirer.

 

Claims on Loss / Damages

Hirer agrees that Owner is not liable for any loss or damage to or by the Hired Equipment during the Period of Hire, including property damage, injury or death caused directly or indirectly by the Hired Equipment and specific consequential losses.

Hirer agrees that Owner does not accept any consequential costs or damages arising from the failure, delay, bad weather or malfunction of the Equipment. The Hirer is responsible for taking precautions to ensure alternative arrangements are made in such a situation.

 

Owner’s Right to Equipment

In cases where Hirer becomes bankrupt or made insolvent, or Hirer commits any breach of this terms and conditions and any specific terms set out in the Order, For the purpose of collecting the Equipment back from the Hirer, Owner reserves the right to enter into any premises where the Equipment may be held without prejudice to the rights of the Owner to recover from the Hirer any moneys due hereunder or any damages for breach hereof and the Hirer indemnifies the Owner in respect of any claims, damages or expenses arising out of any action taken under this clause

 

Displaying Owners Name on Equipment

Owner reserves the right to place owner’s signage on the Equipment. The Hirer must now at any time remove or cover such signage. Further, Hirer will not claim any advertising charges from the Owner for use of such signage.

 

Changes to Documentation

Any documentation published by the Owner including but not limited to these terms and conditions, price lists and brochures may be changed without notice.