Terms & Conditions
GENERAL: The 'Business' is trading as Elite Parties & Events. The 'Hirer' is any person or business who hires, has agreed to hire, has use of goods or has paid for the use of any goods belonging to the business. 'Goods' meaning any item owned by the business. These terms and conditions are subject to change without notice, from time to time at the businesses sole discretion. The latest version of terms and conditions will supersede older agreements. The latest version can be found on our website or provided on request. By taking possession of goods and/or paying the business any amount in relation to the hire of goods the customer agrees to be bound by and agree to these terms and conditions.
1. ACCEPTANCE OF CONDITIONS: The Hirer's acceptance of a quote, payment of invoice, and/or acceptance of equipment upon possession implies acceptance of our Conditions of Hire as given below. If the Hirer is not an individual, the person who signs the hire agreement on behalf of the Hirer warrants that he or she has the authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer.
2. CHARGES, DEPOSIT & BOND: A non-refundable deposit (usually 25%) will secure hire items for the date required. We may ask for a security bond or hold your credit card as security. The Hirer is liable for repair or replacement costs of the hire equipment if it is damaged, destroyed, confiscated or lost in any way (which includes but is not limited to: misuse, wilful damage, accidental damage, fire, theft, graffiti) whilst in the possession of the Hirer. It is recommended the Hirer check if their own insurance policies cover the hire of goods. The costs associated with the above will first be deducted from the bond previously paid to the Business, however, if the cost exceeds the bond payment, or no bond payment is received, the Hirer will be liable for the excess above the bond payment. The Hirer expressly gives permission to the Business to recover any charges or debts owed by the Hirer.
The Hirer shall pay for delivery/removal costs (if applicable), excess use charges, damage to or loss of the equipment, confiscation charges and other fines and professional cleaning costs (if any). The Hirer shall also pay for any costs and/or loss of earnings incurred by the Business if the equipment is confiscated, or is returned late or in a damaged state such that the equipment is not available or suitable to hire to a future party. Such costs would include, but is not limited to, sub-hiring equipment from third parties, transportation of sub-hired equipment, and the resulting loss of earnings if the Business cannot hire the equipment to any future party.
3. RETURN & CLEANING FEES: All hired equipment is required to be returned in the same state as it was hired in and on time as agreed. Any item/s returned dirty will be charged a cleaning fee, per item, of 50% of the item/s daily hire rate. Any item/s returned late will also incur a late fee of 50% of the item/s daily hire rate. Late fees are charged on a daily basis for every day past the agreed return date.
4. DELIVERY & REMOVAL: Delivery and removal of equipment may incur an additional fee where outside of the Business' free delivery area as determined by the Business. It is the Hirer’s obligation to return equipment back to the Business as per the Hire Agreement/Booking Form, unless collection has been agreed in writing. The Hirer hereby authorises the Business to bring the Business' vehicle onto the place where the equipment is to be used or located to deliver, set up and or remove the equipment, either on the expiry of the hire period or on the breach by the Hirer of any term in this contract. Neither the Business nor its servants/employees will be held liable for any damages which occur during this process, including but not excluding damage to driveways/walkways, grass areas, underground services or any other damage.
Unless arrangements have been agreed in writing, the Hirer must be present at the delivery address to acknowledge receipt of the equipment. The Hirer agrees to ensure that any site specified on the Hire Agreement, will be clear of all obstructions to allow the Business to erect, install or place the equipment. Any items or objects that are required, or requested by the Hirer, to be moved, are done so without any liability to the Business. The Business may seek additional payment for any unreasonable delay incurred by the Business while waiting for the specified area to be cleared.
The Business reserves the right to refuse delivery and installation of any equipment where the Business a) deems the Property unsuitable for set up, b) deems the weather conditions as unsuitable for the safe set up and use of the equipment and or c) the Hirer is not present at the Property at the time specified between the parties. Should the Hire not proceed under this clause, the Business may in its own discretion offer the Hirer a full or partial refund of the hire price. The Business is not liable for any compensation to the Hirer or any third parties as a result of the hire not proceeding under this clause.
The Hirer agrees to pay all courier, freighting and/or delivery fees if not collecting from the business. The Hirer is responsible for repackaging in the original boxes or containers. All pick-ups and returns are to the branch on the agreement.
5. OUR PAYMENT TERMS: All invoices are to be paid in full at least two weeks before pick up or delivery. We accept cash, cheque, credit card and internet banking. If full payment is not made, then the Hirer will be liable for all expenses incurred by the Business in recovering the debt including but not limited to collection agency fees, legal fees and court costs inclusive of the disputes tribunal. The Hirer shall be liable to pay interest at the rate of 5% above the current bank overdraft interest rate on all overdue accounts at the supplier’s discretion. The credit card on the file will be charged with any outstanding amounts if full payment isn’t received on collection/departure of items and the Hirer gives express permission to do so. All credit card payments will incur a 4% surcharge.
6. DUE CARE AND ATTENTION/INSURANCE: The Business hires fragile items that require careful handling to avoid scratching, chipping and breakage. Please treat our items as if they were your own and pay particular attention to keeping packaging material so you can repackage for safe return. Our hire equipment is not insured whilst in your care. You must arrange insurance for loss or damage, or check that it is covered under the customers/Hirers insurance policy
7. RETENTION OF TITLE: All hire goods remain the absolute property of the Business and the Hirer undertakes not to sell, offer to sell, assign, underlet or lend the equipment to a third party.
8. LIMITATION OF LIABILITY: Except where the Business is in breach of a supplier’s guarantee in terms of the Consumer Guarantees Act 1993, the Hirer, in entering into this hire agreement, acknowledges that in all other circumstances whatsoever the Business shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (including that resulting from the negligence of the Business), or arising by operation of law and whether suffered by the Hirer and/or any third party for any amount that exceeds the amount actually paid by the Hirer to the Business pursuant to this hire agreement.
9. HIRERS OBLIGATIONS: The Hirer is responsible for checking the equipment upon pickup or delivery. The Business cannot accept responsibility for shortages or claims after the customer takes possession. Where the Hirer is not available to check equipment being delivered or collected, the Hirer shall not be entitled to subsequently dispute the amount of, or condition of the equipment.
If the Hirer finds that an item of equipment is faulty or is not in working order, the Hirer must notify the Business immediately. If the Business is only notified at the completion of the hire period then the Business is not liable for any compensation to the Hirer. If the Hirer requests the Business to inspect an item of equipment on-site and it is found that the equipment contains no fault then the Hirer may be liable for transportation and labour costs, including any after hour call-out fees.
The Hirer shall:
Take proper and reasonable care of the equipment at all times; and
Satisfy themselves that the equipment is suitable for the intended use; and
Return all equipment in the same state as it was hired; and
Not attempt to repair or authorise the repair of any equipment without written permission from the Business or open the protective casing of any equipment whatsoever; and
Take full responsibility for the maintenance & security of any equipment hired; andAgree to notify the Business in writing of any cancellation or alteration of equipment required; and
Indemnify the Business against any claim made by any person against the Business for any damage, expense, claim, demand action or loss arising directly or indirectly out of the Hirer’s use or possession of the equipment; and
Immediately notify the Business of any damage to or loss of, or forfeiture of the equipment whatsoever including (by way of example and not limited to) disappearance or theft of equipment, fire, confiscation, negligence or misuse; and
Use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment, including all regulations pertaining to noise restrictions and the Building Act 2004; and
Use equipment in a safe and lawful manner at all times; and
Obtain all relevant permits, licences and meet all relevant conditions for equipment use unless the Business has agreed in writing to undertake this on the Hirer’s behalf. If the Business is to erect and/or dismantle equipment for the Hirer, this in no way passes the responsibility of obtaining the required permits/licences on to the Business, nor any liability issue if such permits/licences are not acquired; and
The Hirer agrees not to use streamers, decorations or taping on any equipment with prior express permission granted in writing by the Business
Except as permitted by the Consumer Guarantees Act 1993 not bring or threaten to bring claim against the Business for loss or damage incurred or threatened against the Hirer or arising directly or indirectly from the Hirer’s use of the equipment.
10. CANCELLATIONS: Cancellations must be received in writing and the following terms apply:
Deposits are non-refundable
Cancellation 4 weeks prior to event, 25% cancellation fee charged.
Cancellation 14 days to event, 50% cancellation fee charged.
Cancellation 7 days prior to event, 75% cancellation fee charged.
Cancellation less than 7 days prior, full hire charges will apply.
Please allow 5 working days for refunds to be actioned.
11. REFUNDS AND COMPLAINTS: Refunds are not given if hire items are not used on the hire day for any reason including rain. The only exception is for damaged goods. Damaged goods need to be returned in original packing and in an un-used state for a refund at the Business' sole discretion or as required by law.
12. TERMS AND CONDITIONS: Once a returned Booking Form, Hire Agreement and/or any payment on a booking/hire is received, unless stated otherwise, the terms and conditions as stated above will apply to the booking effective immediately and the Hirer considered the person/s completing said forms and/payment transaction.
If you have any further questions, please contact us.