Hire Terms and Conditions

Welcome to Pimp Your Party - Glow Furniture Party Hire!

Definitions:

1. "Contract" means the terms and conditions contained herein, together with any quotation, invoice or other document or amendments expressed to be supplemental to this Contract.

2. "Pimp Your Party" means C and K Goodwin T/A Sweetaz Co. Pimp Your Party

3. "Client" means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Pimp Your Party to provide the services as specified in the quotation, invoice or other documentation, and:

   (a) if there is more than one Client, is a reference to each Client jointly and severally: and

   (b) if the Client is a partnership, it shall bind each partner jointly and severally; and

   (c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee: and

   (d) includes the Client's executors, administrators, successors and permitted assigns.

4. "Equipment" means all Equipment (including any accessories) supplied on hire by Pimp Your Party to the Client (and where the context so permits shall include any incidental supply of services). The Equipment shall be as described on the quotation, invoice, or any other work or authorisation forms as provided by Pimp Your Party to the Client.

5. "Hire Period" means overnight unless otherwise stated in the quotation, invoice or other documentation.

6. "Termination Date" means the day directly following the event as per the quotation, invoice and other documents; that the Client must return the Equipment to the possession of Pimp Your Party.

7. "Site" means the location of the event at which the Equipment is to be delivered to, operated at and collected from

8. "Charges" means the cost of hire of the Equipment and or service (plus any GST where applicable) as agreed between Pimp Your Party and the Client.

9. "GST" means Goods and Services Tax as defined within the "A New Tax System (Goods and Services Tax) Act 1999".

10. "Deposit" means a payment from the client to Pimp Your Party for securing the event date for the hire of Equipment from Pimp Your Party.

11. "Bond" means a fully refundable security deposit payment to ensure that the Equipment is looked after and returned in good condition to Pimp Your Party payable at time of booking.

Acceptance:

12. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions when Pimp Your Party receives payment of Deposit and or full payment of invoice from Client.

13. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into; the terms of this Contract shall prevail.

14. Any amendment to the terms and conditions in this Contract may only be amended in writing by the consent of both parties.

Pricing:

15. Quotations unless specified are valid for a period of 30 days. We reserve the right to revise our pricing after this time.

16. Pimp Your Party is not registered for GST; therefore, pricing excludes GST.

17. Quotations are based on Equipment hire and standard drop off / pick up by Pimp Your Party to the Client at ground level easily accessible Sites only and includes the Bond.

18. Additional Charges apply where drop off / pick up by Pimp Your Party to the Client are not to ground level easily accessible Sites and the risk is assessed and accepted by Pimp Your Party.

19. The Client forfeits all monies paid to Pimp your party if on the day of the event Pimp Your Party discovers that the client has not disclosed the risks outside of ground level easily accessible locations (e.g. stairs, steep slopes, or location being above ground level accessible via lift etc.) allowing Pimp Your Party the opportunity to assess and accept the risk, the Client forfeits payment made to Pimp Your Party and the Contract is cancelled.

20. A Deposit of 20% of the Client's total booking amount or $100 (whichever is higher) must be paid to Pimp Your Party within 2 calendar days of the Client booking online/issue of invoice. If the event date is less than 7 days from the day of booking/issue of invoice, then full payment is required immediately to secure your booking.

21. The full remaining payment of the Client's booking/invoice must be made to Pimp Your Party within 7 calendar days of the Client's event as noted in the invoice as "Final Payment Due".

22. All event hire Equipment from Pimp Your Party is SUPPLY ONLY and does not include assembly, setup, design and pack down unless agreed in writing by Pimp Your Party and the Client prior to issue of the invoice. Assembly, setup, pack down can be arranged at an additional cost to be noted in the invoice from Pimp Your Party to the Client.

Delivery:

23. The Charge for drop off and pick up to the Client at a ground level easily accessible Site by Pimp Your Party will be determined by the Client's Site relative to the head office of Pimp Your Party in Redland Bay Qld 4165. Pick up is available for certain items and must be organised prior to the issue of an invoice. Return of Equipment to Pimp Your Party by the Client must be completed by 10am the day after the Client's event.

24. If the Client's Site is located in Redland Bay or Victoria Point delivery is free of charge.

25. If the Client's Site is located in the Redlands Area and limited surrounds, a delivery fee of $50 will be charged.

26. If the Client's Site is located in Logan and Brisbane City Areas, a delivery fee of $70 will be charged.

27. If the Client's Site is located in the Gold Coast Area, a delivery fee of $85 will be charged.

28. Delivery does not include assembly, design, or pack down. Additional fees are Charged for these services if mutually agreed by Client and Pimp Your Party and will be noted in the invoice unless otherwise stated in the item description on the website.

29. After the Hire Period has ended the Client must have the equipment packed down and available at the original drop off Site on the Termination Date ready for collection by Pimp Your Party by the agreed time.

Additional Services:

30. Assembly and pack down service incurs an additional Charges to the Client by Pimp Your Party. The cost of assembly and pack down covers the cost of time per item to be assembled and packed down. These additional costs will be included in the invoice provided by Pimp Your Party to the Client and must be arranged prior to acceptance of the invoice to ensure sufficient staffing can be organised for the Client's event.

31. Bar attendant services incur an additional Charges per hour to the Client by Pimp Your Party. The cost covers the labour per hour for the specified number of hours for a staff member from Pimp Your Party with a current RSA licence to tend the Client's bar. This does not cover the cost of Equipment, alcohol or miscellaneous bar Equipment. All equipment for bar and perishables must be supplied by the Client to the staff member of Pimp Your Party. Under an RSA licence the bar attendant can request ID if age is in question and refuse service to intoxicated guests. It is the Client's responsibility to ensure that guests are respectful of all staff supplied by Pimp Your Party; abuse of any nature will not be tolerated, and staff members will leave the Site where guests continue with inappropriate behaviour.

32. Clean up services incur additional Charges and will vary depending on cleaning tasks and size of the Client's site. Agreed services will be noted on the invoice and must be organised prior to the issue of the invoice to ensure that sufficient Pimp Your Party staff are available for the event date.

Use of Equipment:

33. The Client will use the Equipment in a good and careful manner and will comply with all the manufacturer's requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of Equipment, including, but not limited to, environmental and copyright law.

34. The Client will use the Equipment for the purpose for which it was designed and not for any other purpose.

35. The Client will not alter, modify, or attach anything to the Equipment unless easily removable without damaging the functional capabilities or economic value of the Equipment.

36. The Client will ensure that the equipment is not used near fire, is not submerged in water and is not left in the elements or wet weather.

Use of Images:

37. The Client gives Pimp Your Party permission to use the images taken during the event on the Pimp Your Party website, Facebook, Instagram and for advertising purposes.

38. Pimp Your Party will not use images which are deemed unsuitable or damaging to any person/s. All images will be kept by Pimp Your Party for a period of six months before being permanently deleted.

39. Online gallery images will be available for viewing for a period of 1 month before they are taken down.

Warranties:

40. The Equipment will be in good working order, full charged and in good condition upon delivery.

41. The Equipment is of merchantable quality and is fit for the purposes it is ordinarily used.

Loss and Damage:

42. To the extent permitted by law, the Client will be responsible for risk of loss, theft, damage or destruction of the Equipment from any and every cause.

43. If the Equipment is lost or damaged, the Client will pay to Pimp Your Party the cost to replace ("Casualty Value") the Equipment, at which point ownership of the Equipment passes to the Client.

44. Where damage is caused to the Equipment by the Client and Pimp Your Party has spare parts that can be replaced on the spot a call out fee of $50 will be charged on top of the replacement cost of the broken part of the Equipment. This must be paid on the spot via Eftpos before repairs are completed.

Ownership:

44. The Equipment is the property of Pimp Your Party and will remain the property of Pimp Your Party.

45. The Client will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.

46. Pimp Your Party warrants that Pimp Your Party has the right to lease the Equipment to the terms in this Contract.

47. Pimp Your Party warrants that as long as no event of default has occurred, Pimp Your Party will not disturb the Client's quiet and peaceful possession of the Equipment or the Client's' unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Surrender:

48. At the end of the Hire Period or upon earlier termination of this Contract, the client will make the Equipment available for pick up at the Site or return the Equipment to Pimp Your Party by 10am the day immediately following the Client's event. If the Client fails to make the Equipment available for pick up on the Termination Date at the agreed time and Pimp Your Party are required to attend the Site again, the Client will pay Pimp Your Party the delivery Charge as stated in their invoice for re-attendance.

Indemnity:

49. The Client will indemnify and hold harmless Pimp Your Party against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Client's use of the Equipment.

Additional Clauses:

50. To ensure the Client's booking is locked in, confirmed, and the Equipment is available for the Client's event, full payment of the Charges must be paid in full as per the invoice to Pimp Your Party, 14 calendar days prior to the Client taking possession of the Equipment.

51. Failure to make the full payment to Pimp Your Party by the due date will result in the cancellation of the Client's event booking and the hold placed on the Equipment will be released.

52. The full Deposit paid by the Client will be refunded to the Client via their original payment method, please see our refund policy on our website.

Postponement / Cancellation:

53. Due to a limited quantity of Equipment and said Equipment having been allocated to the Client, we request the Client provide as much notice as possible before postponing/cancelling any bookings to allow us to potentially re-hire the allocated Equipment.

54. Should the Client cancel their booking with less than 7 calendar days available to the commencement of the Hire Period, a fee of $100 (which is equal to the Bond) will apply. This fee includes but is not limited to unloading/reloading fees, shift changes, administration time and loss of income for allocated hire equipment. All other monies paid by the Client to Pimp Your Party will be refunded via original payment method, see refund policy on our website.

55. In the event that the Client postpones their booking more than 14 calendar days before their event Pimp Your Party will rebook the event at another mutually agreeable date with the Client; apply a credit to the Client's account for a future booking if the Client is unable to provide a date at the time to Pimp Your Party for rebooking; alternatively refund the full amounts paid to Pimp Your Party from the Client including the security deposit to the original payment method, see refund policy on our website.

56. In the event that the Client postpones their booking less than 7 calendar days before their Hire Period a postponement fee of $100 (this is equal to the security deposit paid) will be charged. This fee includes but is not limited to unloading/reloading fees, shift changes, administration time and loss of income for allocated hire equipment. All other monies paid by the Client to Pimp Your Party will be refunded via original payment method, see refund policy on our website. If client rebooks for a future agreeable date and time; the postponement fee will be waived.

57. Postponement/cancellation fees are inclusive but not limited to postponements relating to acts of God, natural disasters, weather, sabotage, accident, trade or industrial disputes, terrorism or hostilities and Government imposed shutdowns. Pimp Your Party in its capacity reserves the right to waive the postponement fee at its own discretion.

58. If the Client is to cancel their booking more than 14 calendar days before the Client's Hire Period, the Client will receive a full refund of all monies paid to Pimp Your Party, to be refunded via original payment method, see refund policy on our website.

Entire Contract:

59. This Contract as well as the invoice and additional documentation will constitute the entire Contract between Pimp Your Party and the Client ("Parties"). Any prior understanding or representation of any kind preceding the date of the invoice will not be binding on either Party except to the extent incorporated in this Contract.

Payment:

60. All dollar amounts in this Contract refer to Australian dollars, and all payments required to be paid under this Contract will be paid in Australian dollars unless the Parties agree otherwise. See payment methods available on our website.

Interpretation:

61. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract. Words in a singular means and included the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law:

62. The Contract will be construed in accordance with and governed by the laws of Australia and the Parties submit to the exclusive jurisdiction of the Australian Courts.

Severability:

63. If there is a conflict between any provision of this Contract and the applicable legislation of Queensland (the “Act”), the Act will prevail, and such provisions of the Contract will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Contract.

General Terms:

64. This Contract may be executed in counterparts. Receipt of the Deposit by Pimp Your Party from the Client are binding and are considered to be original signatures.

65. Time is of the essence in this Contract.

66. This Contract will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Contract.

67. Neither Party will be liable in damages or have the right to terminate this Contract for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Client:

68. You are not buying the Equipment. Do not accept via email or pay the Deposit before you have read it. You are entitled to a completed copy of this Contract.

IN ACCORDANCE WITH THIS CONTRACT HEREOF the Client agrees to all terms by paying the required Deposit on their invoice to Pimp Your Party and Pimp Your Party accepts the Deposit as confirmation of acceptance of all terms of this Contract.