Terms of Use

  1. DEFINITIONS

The ‘Owner’ is Odesi Collective of 57-59 Bruce Birrel Drive, Tocumwal, NSW, 2714
The ‘Hirer’ refers to the person, firm or corporation hiring the equipment from the Owner
‘Deposit’ means 25% of total hire cost paid to secure booking that is non-refundable
‘Equipment’ means all the equipment and accessories supplied to the Hirer
‘Terms’ means these Terms & Conditions of Hire

  1. GENERAL

All hire goods remain the property of the Owner at all times. The Owner retains the right to alter, vary, or substitute any item without notice. All goods are subject to stock availability. By making a booking through confirming a quote via deposit payment or remittance of funds, the hirer acknowledges and agrees to the Owners Terms and Conditions.

  1. CONDITIONS OF HIRE

Unless otherwise indicated, all prices are inclusive of GST, exclusive of delivery/pick-up. The Hirer shall not remove the Hire Equipment or any part thereof from the situation and position of its installation without consent from the owner. The hirer acknowledges responsibility for the equipment and is liable for any damage.

  1. PERIOD OF HIRE

All items are hired for the duration of 1 day (24 hours) unless previously agreed to by the Owner.. An extra day hire fee of 15% of the total order will be charged for the re use of any equipment. Delivery & collection dates can be negotiated prior to the event. If an extension of hire is required, the Owner must be notified 7 days prior to the scheduled pick-up or additional charges will apply.

  1. DEPOSIT & PAYMENTS

A quotation will be considered tentative, pending receipt of a deposit, for a period of 7 days only. If a deposit has not been received within 7 days of invoice date, the quotation will become void and the date & equipment become available to the next client.

The quotation will be considered as confirmed upon receipt of a non-refundable deposit of 25% of the total event order. In paying the deposit, the client accepts and agrees to comply with all of the Owner’s Terms & Conditions.  If a client needs to change the date of the event, the Owner will attempt to alter the event date subject to availability. If the deposit has already been received, it will be transferred to the new date. At the Owner’s sole discretion, full payment shall be due 14 days prior to the delivery of the Equipment and Hirer to confirm Equipment14 days prior to event. Payment must be made by credit card or bank transfer.

  1. CANCELLATION / POSTPONEMENT 

The Owner may cancel these terms and conditions or cancel delivery of Equipment at any time before the Equipment is delivered by giving written notice. On giving such notice the Owner shall repay to the Hirer any sums paid in respect of the Price. The Owner shall not be liable for any loss or damage whatever arising from such cancellation.

The Hirer may cancel an order but will forfeit any hire fees paid as follows:

(a) If a booking is cancelled over 30 days before the event date, the Owner will make a full refund of any monies paid, minus the non-refundable 25% deposit.
(b) If an event is cancelled within the 14 day period prior to the event, the Hirer will be charged 50% of the total cost.
(c) Bookings cancelled within 14 days of the event date will forfeit 100% of the total hire fees.

No refund of the deposit is due if the event is cancelled by any ‘Act of God’, natural disaster or other occurrences beyond the control of the Owner, that prevents the event from being set up or proceeding as agreed.

In the event the Hirer needs to postpone, every effort will be made to change the date of the event. A date transfer fee of $150 will be charged to the Hirer for administrative costs. The owner will endeavour to find a mutually agreeable date to reschedule. All monies paid will be transferred to the new date.

  1. DELIVERY & COLLECTION

Delivery, collection and/or return of the Equipment is at the Hirer’s expense. The Hirer shall take delivery of the Equipment (at the Hirer’s cost) at the Owner’s address (where applicable). The Hirer shall make all arrangements necessary to take delivery of the Equipment whenever they are tendered for delivery. The Equipment shall be delivered at the Hirer’s cost (included on invoice) to the Hirer’s address. The Hirer acknowledges that they are liable for any loss or damage to the Equipment from the time of delivery until it is returned to or picked up by the Owner. The Hirer accepts full responsibility for and shall keep the Owner indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons. The Hirer shall protect the equipment from the elements during the time of delivery, use, storage or waiting period before pick-up. The Hirer must provide safe and proper access to and at the event site.

  1. DAMAGES / DAMAGE WAIVER

The Hirer is responsible for the Equipment from the time of delivery until collection by the Owner and shall pay for all Equipment damage or loss however caused during that period. Where the Hirer is more than one-person liability shall be joint. Damaged goods will be repaired or replaced on a case-to-case basis. The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the equipment hereby hired and the Hirer indemnifies the Owner in respect to any claims for such loss or damage. The Hirer agrees to be invoiced for and to pay the Owner the cost to repair/restore material or equipment, if that material/equipment is found in a damaged condition post the event.

Where damage to the trailer is caused by the Hirer during the transportation of hire equipment, an excess fee of $1000 will be payable by the Hirer.

Payment of the Damage Waiver Fee by the Hirer is optional. The optional 8% damage waiver includes accidental damage and normal wear and tear to hired equipment. The damage waiver does not relieve the hirer of paying for loss or damage to equipment caused by negligence, such as;
-misuse of the equipments intended purpose
-weather (including without limitation sun, heat, cold, rain, hail, wind or storm)
-cigarette burns, sparkler burns, candle wax, marks or stains on any furniture or styling items
-any loss, intentional damage and/or loss caused by vandalism or theft of the Equipment

If the damage exceeds 8% of the hiring fee for the missing or damaged hire item/s, then the Hirer shall be responsible for full replacement cost of the item/s.

  1. PRICING & AVAILABILITY

All goods are subject to stock availability. Any prices quoted or stated by the Owner are subject to be changed without notice. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

  1. FORCE MAJEURE

For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, War, Rain, Hail, Wind, Fire, Explosion, Pandemic, Epidemics, Quarantines, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither the Owner nor the Hirer will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. The Owners may give written notice to the Hirer, giving full particulars of such Force Majeure.

The Owner shall not be liable for any indirect or consequential losses or expenses suffered by the Hirer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Hirer as a result of any delays caused by such Force Majeure events.

  1. GOVERNING LAW

These Conditions are governed by the laws of New South Wales and the Hirer and the Owner submit to the jurisdiction of the courts of New South Wales.

  1. MISCELLANEOUS

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired

The Owner may license or sub-contract all or any part of its rights and obligations without the Hirer’s consent.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, pandemic, fire, flood, drought, storm or other event beyond the reasonable control of either party.

These terms and conditions refer to Odesi Collective ABN 64 470 695 788