Terms and Conditions
The Owner comprises businesses which operate under the following business names: Wedding Hire Melbourne, Love Letters Melbourne, and Melbourne Wedding Proposals, each of 1/15 Hi Tech Place, Seaford, Victoria, 3198.
The Hirer is the Person who hires the Equipment from the Owner (as detailed in the authorization section of these terms and conditions).
The Equipment comprises all products, goods, props and miscellaneous items hired by the Hirer from the Owner for purpose of the Hirer’s event as outlined in the [invoice].
Hire of Equipment:
a) The hiring of the Equipment will commence from the commencement date and time specified in the [invoice] and continue for the term specified in the [invoice].
b) The Hirer is entitled to use the Equipment for the hire period as outlined in the [invoice] (“Hire Period“) and for any agreed extension of the period.
c) The Hirer agrees to return the Equipment to the address of the Owner on or before the end of the Hire Period as outlined in the [invoice].
d) The Owner will not refund any hire fee monies if the Hirer elects to return the Equipment prior to the end of the Hire Period, regardless of reason.
Acceptance of Terms and Conditions:
Once an invoice has been issued and the Hirer pays its non-refundable deposit or/and payment in full it is agreed that the Hirer accepts these terms and conditions.
It is the responsibility of the Hirer to ensure that all details are correct and made out to the correct company or person.
Any typographic error that may show a miscalculation between the quotation and invoice stage the true and correct calculation will apply.
Use, Operation and maintenance:
a) The Hirer agrees that the use of the Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
b) The Equipment must not be used by anyone other than the Hirer. The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations, respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
c) The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
d) The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
e) The Hirer must ensure the Equipment is returned to the Owner thoroughly cleaned. If the Equipment is not thoroughly clean when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Equipment.
f) Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter, modify, or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
g) The Hirer will indemnify and hold harmless the Owner against all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees and costs, arising out of or related to the Hirer’s use of the Equipment.
h) The Hirer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.
i) If there is a breakdown or failure of the Equipment, then the Hirer must return the Equipment to the Owner at the Hirer’s expense and the Hirer must not attempt to repair the Equipment.
j) The Hire Period is completed when the Equipment has been returned to the Owner in the same condition as when it was hired and on or by the completion of the Hire Period.
k) The Owner will not be held responsible for any damage, or injuries to any persons caused by the Equipment or caused by any fault in the Equipment whether hidden or otherwise.
l) The Equipment will always remain the property of the Owner. The Hirer has no legal or equitable interest in the Equipment of any part thereof except as a mere bailee only. The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the Equipment and not to conceal or alter the Equipment or make any addition or alteration to, or repair of, the Equipment.
Payments, Refunds and Cancellations:
Deposit: A non-refundable deposit of 30% of the total payment or agreed sum is payable by the Hirer at the time of booking and is required to secure the Hirer’s booking. and to be paid within 7 to 14 days of invoice being issued. The Hirer acknowledges and agrees that the deposit is required to secure the Hirer’s preferred event date. The Hirer should note that this agreement only becomes effective upon the Owner receiving from the Hirer payment of the deposit. The Owner will only hold a preferred event date upon receipt of the relevant deposit. In the absence of any material breach by the Owner constituting a repudiation or deemed repudiation of these terms and conditions, the deposit is non-refundable.
Balance of Payment: the balance of payment is due 14 days prior to the commencement date of the Hire Period. Where the quantum of Equipment is dependent on guest numbers, the Hirer must ensure that the Owner is notified of final numbers at least 14 days prior to the commencement date of the Hire Period. The Balance of Payment must be paid 7 days to the Owner prior to the commencement date of the Hire Period.
Payments: can be made for deposits and balance of payment via the Owner’s online accounting platform with paypal, bank transfer / EFT and credit card in person or via the phone.
Security: the Hirer must provide credit card details to the Owner and hereby authorizes the Owner to deduct costs and fees from the credit card in accordance with these terms and conditions.
Cancellations (in whole or in part): if the Hirer wants to cancel the hire of Equipment, a notice of cancellation must be given to the Owner in writing. Unfortunately, when a Hirer cancels without giving adequate notice, it prevents another client from being served. As such, the terms of the Owner’s cancellation policy will be applied in fairness to both the Owner’s business and the clients who would otherwise have wanted to hire equipment. The Hirer acknowledges and agrees that, unless waived by the Owner (in its sole discretion), if the Hirer cancels its hire of equipment (or any part thereof), the Owner will be entitled to the following amounts from the Hirer as compensation for the cancellation:
a) if the relevant cancellation occurs more than 21 days prior to the commencement date of the Hire Period – all monies paid to the Owner (other than the deposit) will be refunded to the Hirer;
b) if the relevant cancellation occurs within 21 days prior to the commencement date of the Hire Period – the Owner is entitled to an amount equal to 50% of the estimated balance of payment. The Hirer acknowledges and agrees that this amount is a genuine pre-estimate of the loss which the Owner will suffer because of the Hirer’s cancellation; and
c) if the relevant cancellation occurs less than 7 days prior to the commencement date of the Hire Period – the Owner is entitled to an amount equal to 100% of the estimated balance of payment. The Hirer acknowledges and agrees that this amount is a genuine pre-estimate of the loss which the Owner will suffer because of the Hirer’s cancellation.
Postponements: the Hirer acknowledges and agrees that if the Hirer requests to change the Hire Period for whatever reason, that new Hire Period will only be moved by the Owner if the new proposed Hire Period can be accommodated by the Owner. Any requests to change the Hire Period must be made in writing to the Owner. If the Owner agrees to change the Hire Period:
a) the deposit will be reallocated to the new Hire Period;
b) any further amounts already paid by the Hirer to the Owner in addition to the original deposit will be reallocated to the new Hire Period; and
c) the Hirer agrees to pay all reasonable expenses and or price increases incurred by the Owner while allocating the Equipment to the new Hire Period (including all expenses incurred by the Owner as a result of the Hirer’s event being moved to a new location or date.)
Covid 19 / Pandemic
Lockdowns: Instructions by Government either Federal or State to go into lockdown all bookings during the lockdown period will be postponed to another date all subject to availability. No refunds will be issued should the Hirer decide to cancel their booking at the time or in the future due to lockdown orders.
Cancellation Due to Covid: If the Hirer decides to cancel their equipment hire due to Covid for any reason not stipulated in our terms and conditions all monies paid will be forefieted
Close Contact /Covid / Isolation Hirer: If the Hirer is forced into Isolation due to having covid / close contact due to current government orders at the time of the event and the event is cancelled all monies paid will be forefeited and no refunds will be issued. If the event is postponed all monies and equipment will be transferred to the new date all subject to availability. If any equipment is unavailable a credit will apply or invoice adjusted to the new amount owing. Any price increases from the original date of the event to the date outside of 3 months will be adjusted to the new price. No refunds for unused credit. Credit is valid for 6months from date of event.
Close Contact / Covid / Isoliation Guests: If the event is cancelled due to the hirer choice due to guests forced into isolation as a close contact any monies paid will be forefieted. If the event is postponed all monies will be transferred to the new date and additional costs will apply and a $50.00 admin fee for rearrangement. Any price increases from the original date of the event to the date outside of 3 months will be adjusted to the new price. If the event proceeds and numbers have reduced the invoice will be adjusted for final payment. If final payment has been made no monies will be refunded however adjustment in the equipment order is offered subject to availability. No refunds for unused credit. Credit is valid for 6months from date of event.
Close Contact / Covid / Isolation Owner: If the Owner is forced to isolate due to Covid as a closer contact or has Covid or Reduced Staff due to Covid. An agreement between the Owner and Hirer will be agreed to as follows:
a) Booking Cancelled: Full Refund less $50.00 admin fee will be issued to the Hirer
b) DIY Option: the Hirer can DIY their equipment with setup fee and any equipment not available for DIY to be fully refunded less $50.00 admin fee Equipment to be collected and returned to the warehouse at the agreed days and times.
c) Outside Contractor: If the owner can arrange an outside contractor to setup the owner’s equipment any costs above the hirer and owners agreed costs will be added to the Hirer’s invoice to cover the contractors costs at cost plus GST where applicable.
DIY Hire (Do It Yourself)
Equipment on hire can be collected by the Hirer on the Thursday (and within the agreed time frame set out in writing) immediately preceding the Hire Period and must be returned on the Monday (and within the agreed time frame set out in writing) immediately following the Hire Period or otherwise agreed. Late returns of Equipment will incur a daily fee of $50.00 which is payable on demand from the Owner.
Laundry expenses will be charged to the Hirer for late returns at a rate of $15.00 per load for washing and $15.00 per load for drying. The Hirer acknowledges and agrees that these laundering costs are a genuine pre-estimate of the cost which the Owner will incur for the Equipment to be cleaned prior to the next hire period.
All hires will incur a Collection Fee from $75.00 if the Equipment is not, or cannot, be returned to the Owner by the Hirer. The Owner may retake possession of the Equipment if the Hirer breaches any provision of these terms and conditions, notwithstanding anything else contained in these terms and conditions. If repossession occurs, the Owner will only charge the hire fee up to and including the time of repossession (together with the deposit).
Carpet Runner Hire:
White Carpet Runner Hire: Under no circumstances are white carpet runners to be exposed to any fresh or fake petals /confetti, cigarettes or any other flammable items. An instant $165.00 cleaning charge will apply, or instant replacement will be charged to the Hirer for excessive damage (as determined by the Owner) where reasonably cleaning cannot rectify damage due to pollen/dye damage, dirt/mud, and water. Cigarette burns to a carpet runner will result in an automatic charge for the replacement cost of the carpet runner. No exceptions will apply.
Colored Carpet Runner Hire: Red, Black, Gold, Purple, Pink, Royal Blue carpet runners may be exposed to fresh and fake petals during the Hire Period, but all remnants must be removed prior to return. Excessive damage (as determined by the Owner) caused by other means such as water, dirt/mud, cigarettes or any other flammable items will incur and instant cleaning fee of $165.00. Cigarette burns and excessive damage where cleaning cannot rectify the damage (as determined by the Owner) will automatically be an instant replacement cost. No exceptions will apply.
The Hirer acknowledges and agrees that carpet runners may only be cleaned, repaired and otherwise treated by the Owner’s preferred carpet cleaning company.
Photography and Videography:
The Hirer acknowledges and agrees that the Owner may publish photographs of the Equipment (as provided by the Hirer, the Hirer’s photographer or otherwise) for the purposes of social media, advertising and marketing, including on the Owner’s website. The Owner will always endeavour to obtain the Hirer’s consent before publishing any such photographs.
Extreme Weather Conditions – Back Up Plan:
In the event of a ceremony or venue relocation for extreme weather conditions due to wind, rain or hot weather, the Owner will, subject to being provided with reasonable prior written notice, use reasonable endeavours to assist the Hirer to relocate the Equipment to the new location at no additional cost. For whatever reason the Hirer or Owner are unable to setup or use all of the Equipment, no refund will be issued for unused Equipment.
The Hirer acknowledges and agrees that the Owner retains the right to remove any Equipment that the Owner reasonably believes is required for safety and protection of the Equipment from damage due to weather and ground conditions,
Indemnity and liability:
a) The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner’s servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Owner, its servants or agents or otherwise.
b) The Hirer will assume all risks and liabilities for and in respect of the Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair or storage of the Equipment.