OUTLINE

1. The ‘Hire Company’ is NS Prop Styling Pty Ltd ABN 23 636 028 085 (also referred to as ‘NSPS’).

2. The ‘Hirer’ refers to any individual, firm, or corporation or agent(s) thereof hiring equipment or receiving services from the ‘Hire Company’.

3. The ‘Equipment’ refers to all furniture, decor, backdrops, tableware, glassware, picnicware, tables, associated packaging and storage containers supplied to the ‘Hirer

4. The ‘Event Date’ refers to the day of the event supplied by the ‘Hirer’ to the ‘Hire Company’.

5.Bump’ in is when the Hirer is ready to receive the items and ‘Bump out’ is when items are cleaned and packed up by the Hirer and items are ready to be picked up.

6.After Hours’ refers to a time frame outside the standard business hours 9.00am – 17:00hrs.

7. The ‘After Hours Fee’ refers to additional charge applied for the delivery, installation, dismantling and collection of the equipment outside the standard business hours.

8. The term ‘Agreement’ refers to any annexure or schedule attached to it.

9. The ‘Booking’ refers to any written booking or order made by the Hirer to NSPS for Equipment and/or Services.

10.Business Day’ means any day that is not a Saturday, Sunday or public holiday in the State of NSW.

11. The ‘Claim’ refers to any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.

12. The ‘Deposit’ refers to in the Quotation payable to NSPS, by the Hirer, under this Agreement.

13. Goods and Services Tax (GST) has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

14.Hire Period’ means the rental period as set out in the Quotation, commencing on the Commencement Date and ending on the End Date, unless otherwise agreed between the parties.

15. The ‘Liability’ refers to any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees)

16.Quotation’ or ‘Quote’ means any quotation or invoice provided to the Hirer by NSPS for your hire of the Equipment.

17. The ‘Security Bond’ refers to an amount payable to NSPS by the Hirer under this Agreement and as set out in the Quotation.

18.Surcharge’ refers to an additional charge applied to hire of Equipment and/or provision of services on Public Holidays or after hours.

19. The ‘Custom Built’ refers to a product or inventory that was specifically ordered for the hirer’s booking.

20. The term ‘Set up’ or ‘installation’ is in reference to the product being installed at the event

21.Styling’ is a responsibility where it encompasses the design, correction at the event.

22. The term ‘Planner’ is in reference to the NSPS delegate who’s responsible with aspects of planning, coordination, vendor engagement and executing the run sheet in accordance to the event schedule.

23.Cleaning Fee’ refers to the extra labour carried out to sanitise the products.

24.Flat fee’ or ‘Flat rate Hire’ refers to an additional fee applied for events that require that extra flexibility. A flat fee, also referred to as a flat rate refers to a pricing structure that charges a single fixed fee for a product, regardless of usage.

1. QUOTATION AND PRICING

1.1 NSPS will email the Hirer a Quote which is valid for a period of 7 days (‘Quotation Period’). NSPS reserves the right to adjust the prices in any Quotation once the Quotation Period has lapsed.

1.2 During the Quotation Period the Hirer can make up to 3 adjustments to their Quote. Once the Quotation Period expires, NSPS will have the right to decline any requests from the Hirer for adjustments to their Quote.

1.3 Payment of the Deposit or signing of these terms and conditions will constitute acceptance of the terms and conditions contained in this Agreement.

1.4 Price guides released by NS Prop Styling are seasonal prices and subject to change

1.5 A 15% surcharge will be incurred on public holidays

1.6 Late night bump out from 6pm will incur an Afterhours fee of $70.

1.7 All prices are quoted in Australian Dollars – Plus GST

1.8 NSPS reserves the right to receive full payment at the point of booking for all Custom Built or special purchase Equipment requires full payment at time of Order so that NSPS can commence the manufacture and/or buying process

1.9 NSPS reserves the right, by giving written notice to the Hirer at any time before delivery or provision, to increase the price of the Goods and/or Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (including, without limitation, any cost of goods fluctuation, alteration of duties, significant increase in the costs of labour or delivery, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the products which are requested by the hirer.

1.10 Set ups, Installation, styling or planning is an additional cost which can be added to the order as part of the Service.

2. HIRE PERIOD | CHARGES

2.1 The hire period is for the Event Date supplied by the Hirer to the Hire Company.

2.2 All prices exclude GST

Delivery charges apply and where applicable it will be processed as a separate transaction to the third-party delivery driver

2.3 A minimum hire charge of $250 applies on all prop / event hire services.

2.4 A travel surcharge may apply to events outside Sydney metro area

2.5 Hire rates cover hire period of twenty-four hours’ (24 hour) period

2.6 The Hirer can opt for a Flat Hire Rate / Flat fee at an additional charge. Hire period to commence from Thursday and return on Monday, the flat rate hire is an additional $180.00

2.7 Overdue / late return fee is a penalty applied to the products that is not returned by the agreed day, the fee is $150 per day and will be deducted from the bond.

3. DEPOSIT | SECURITY BONDS | PAYMENTS

3.1 A 50% non-refundable deposit is required within 3 days of receiving your quote. If the Deposit is not paid by this time, then NSPS reserves the right to cancel the Order and the products/services will be made available for hire.

3.2 The Payment of the 50% Deposit will constitute acceptance of the terms and conditions contained in this Agreement. It covers but is not limited to reserving the Equipment and/or Services for a specified date, related consultations, and ongoing client management

3.3 The Hirer is required to complete full payment within 14 business days prior to the Hirer’s Event Date.

3.4 Once the hirer has paid their deposit, they are entitled to one (1) variation under this agreement, NSPS reserves the right, by giving written notice to the Hirer that an any further changes beyond this will incur a $100 fee.

3.5 Please be advised Deposits are non-refundable, non-transferable and cannot be exchanged for a credit note.

3.6 Payment must be made by direct deposit or in accordance with the terms of the invoice provided.

3.7 If final payment is not received by the due date, NSPS reserves the right and be under no obligation to proceed with the Order and all monies paid to date by the Hirer will be forfeited.

3.8 The Hirer must pay any Delivery Fee as specified on any Quotation. NSPS may charge at their discretion additional fees where there are location changes, last minute order changes and/or multiple delivery or collection locations

3.9 The Hirer must pay the Security Bond, as specified on any Quotation, no less than seven (7) days before the commencement of the Hire Period.

3.10 Security bond is a guarantee made to NSPS for the purposes of hiring products and will act in accordance with the terms established by this agreement. If the products do not meet the standards of its return, the hirer will be notified and will be advised of the amount that will be deducted.

3.11 Security bonds return will take up to seven (7) days to process, the hirer is responsible for supplying their nominated bank details for the transaction.

4. CANCELLATION

4.1 In the event that NSPS is unable to supply the Hirer with the Equipment, or any part of it, because of a previous Hirer not making the Equipment available for collection, then NSPS may cancel the Hirer’s order or provide alternative options

4.2 if the Hirer cancels the Order prior to the date, the Hirer acknowledges this will cause a reasonably foreseeable loss to NSPS, and the Hirer agrees that:

    1. It will forfeit the 50%Deposit;
    2. If the Booking is cancelled within twenty (30) days of the event date, the Hirer will not be entitled to any refund of the Pre-event payment.
    3. The balance of the Price retained by NSPS is to compensate NSPS for its reasonably foreseeable loss in the likely event that they will be unable to further book that date.

4.3 In the event that NSPS is unable to supply the Hirer with the Equipment, or any part of it, because of a previous Hirer damaging the Equipment or not making the Equipment available for collection, then NSPS may cancel the Hirer’s order and offer full refund of the 50% deposit.

4.4 NPSP reserves to retain an administration fee of $95.00 plus GST to process net amount if a refund is eligible.

4.5 If the Hirer chooses to cancel their booking more than twenty-one (21) days before their event, the Hirer is eligible for a refund, less the 40% booking deposit and the $95.00 administration fee.

5. RESCHEDULING/POSTPONEMENT

5.1 In the event that the Hirer wishes to reschedule the Hire Period for any reason, including due to any imposed restrictions resulting from a pandemic or any other force majeure event as detailed in clause 16, any rescheduling of the Order will only be effected once confirmed in writing by NSPS and subject to the following provisions.

5.2 If the Hirer wishes to reschedule the date of the event, NSPS will make all reasonable attempts to accommodate the new date, however, is under no obligation to provide the Hire Equipment or Services on the new date. This is at the sole discretion of NSPS.

5.3 Any rescheduled date must be within six (6) months of the original booked date and NSPS will credit any Deposit or part of the Price paid by the Hirer towards the rescheduled Booking.

5.4 If services are cancelled by Hirer and then reinstated at a mutually agreeable future date, then a new Contract outlining the terms of the agreement will be sent to the Hirer.

5.5 Any rescheduled Order will be adjusted and charged per the prices in effect at the time of the rescheduled Hire Period.

5.6 The Hirer has the benefit of this clause only once.

6. DELIVERY OF EQUIPMENT

6.1 NSPS will in good faith and to the best of their ability deliver all Equipment to the Delivery Address by no later than the Delivery time. In the event that NSPS or its third-party delivery contractor is unable to deliver due to unforeseen circumstances, the Hirer releases NSPS from any and all Claims and Liability. NSPS will not be liable for any loss or damage incurred by the Hirer.

6.2 The Hirer must provide NSPS with safe and appropriate access to the Delivery Address during the Hire Period.

6.3 If, for any reason, NSPS is unable to gain access to the Delivery Address for delivery of the Equipment, NSPS may charge at its sole discretion an additional fee as reasonably determined by NSPS for each additional delivery attempt. If this is the case, NSPS will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.

6.4 The Hirer must ensure measurements of the Equipment supplied by NSPS are appropriate for the event space including ceiling heights, door and stair access. If any of the Equipment does not safely and appropriately fit, NSPS reserves the right to refuse delivery. In such circumstances, the Hirer will not be entitled to a refund of any monies paid by the Hirer and NSPS will not refund any monies paid by the Hirer.

6.5 Where the Hirer is not available at the Delivery Address during delivery, the Hirer must allocate and provide NSPS with the contact details of a designated person to meet with NSPS at the Delivery Address.

6.6 The Hirer agrees that they are liable for all injury, loss and/or damage suffered by NSPS Third party delivery drivers, while at the Delivery Address.

6.7 NSPS will not be held accountable if any Equipment becomes damaged or missing due to failure to meet with the designated person or leaving the Equipment unattended at the Delivery Address. The Hirer does hereby release from NSPS from any and all Claims and Liability in the event the Hirer or designated person cannot be located.

6.8 The Hirer must make all Equipment available to NSPS for collection at a time and date determined by NSPS. Excess delays will incur a fee which will be deducted from the Security Bond

6.9 All Equipment must be quality checked, counted and cleaned prior to collection by or return to NSPS.

6.10 If for any reason NSPS is unable to gain access to the Delivery Address for collection of the Equipment, NSPS may charge at its sole discretion an additional fee as reasonably determined by NSPS for each additional collection attempt. If this is the case, NSPS will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.

7. DRY HIRE

7.1 Pickup is available from two locations in the North Shore or North West Thursday – Monday (between 4pm-7:00pm) based on the agreed date at the time of booking.  It is the responsibility of the Hirer to organise appropriate labour help to load.

7.2 Dry hire period is twenty-four (24) hours unless Hirer requires further flexibility a Flat Rate Hire is available at an extra $180.00

7.3 Please note all Equipment must be transported in a closed vehicle (i.e. truck or van) with all necessary blankets, straps and ties. Utes and/or trailers will not be accepted.

7.4 A minimum handling fee of $50 + GST is applicable for all dry hire orders and is evaluated based on the number and nature of the items.

7.5 Failure to have Equipment and items returned to NSPS on the agreed date will incur an overdue / late return fee as per clause 2.1 of these terms and conditions.

8. EQUIPMENT

8.1 The Hirer is responsible for notifying NSPS in the event of loss or damages. The hire company reserves the right to pre-authorise a credit card, and charge for any additional cleaning, repairs or replacement as deemed necessary by NSPS

8.2 All Equipment must be carefully packed by the Hirer for collection or delivery on the Collection Date. The Hirer is to ensure that they are returned carefully repackaged back to NSPS with due care in their original crates, boxes or packaging.

8.3 All glassware is to be returned washed (in warm water) and be fully dry before it is repacked by the Hirer. Hand washed and handled with care is requested for the handling of our products as most of our tableware or glassware is not designed to be washed in dishwashers.

8.4 The Equipment must be, always, in a weatherproof area away from dust, mud, mildew, rain, damp, domestic pets, wind or snow. Equipment must not be left out in the open overnight.

8.5 The Hirer is responsible for taking care when handling Equipment and is also responsible for informing other parties about NSPS’s terms and conditions of hire.

8.6 The Hirer is responsible for cleaning food scraps off crockery and cutlery and to pack into the same packaging when The Hirer first took possession. If dinnerware it returned without being rinsed, an additional cleaning fee will apply. If boxes or packaging are returned damaged, a replacement fee will apply. Furniture are for indoor use only, unless previously authorised in writing by NSPS.

8.7 All table linen, Drapes, Table runners can be returned dirty. Any permanent stains, rips, wax residue or burn marks will result in a replacement fee being charged within seven (7) days from the event. NSPS does not permit the use of open candles on tablecloths unless authorised in writing. All candles must have a drip tray and be contained in a closed vessel to ensure wax does not drip directly onto the tablecloths.

8.8 All Equipment products must be cleaned, decal from backdrops or plinths to be removed. Fishing wire from installations to be taken off prior bump out or its return if Dry Hire.

8.9 In the event that NSPS is unable to supply the Hirer with the Equipment, or any part of it, because of a previous Hirer not making the Equipment available for collection, then NSPS may cancel the Hirer’s order or provide alternative options

8.10 A $70 cleaning fee will apply to the removal of wax residue from candelabras / candle holders

8.11 All Equipment and items including cushions and rugs are to be cleaned by the Hirer before they are returned to NSPS in good condition. The Hirer will take all steps to ensure dirt or dust must be removed from Equipment and items prior their return. This includes Picnic tables which must be wiped clean by the Hirer upon Bump out.

8.12 The Hirer acknowledges that repairs or maintenance for the Equipment and items start from $50.00 and the Hirer accepts to account for and pay the costs of repair and maintenance (including stained Equipment such as picnic tables).

8.13 The Hirer accepts that the total cost of repairs or maintenance to the Equipment and items such amounts will be deducted from the security bond at the sole discretion of NSPS.

9. HIRER’S WARRANTIES AND ACKNOWLEDGEMENTS

9.1 The hirer acknowledges Installation, styling, planning and setup is NOT included in our hire rates. Should this be required in the order this will need to be submitting in writing as an additional request.

9.2 Hire rates cover hire period of twenty-four hours’ (24 hour) period or part thereof. Failure to have items ready for collection or returned on the agreed date will incur an overdue / late return penalty as per clause 2.1 of these terms and conditions.

9.3 The Hirer is responsible for using the Equipment in accordance with any directions given by NSPS and in conjunction with instructions or specifications that apply to any item comprised in the Equipment, where applicable and that the use of the Equipment complies with all applicable laws.

9.4 The Hirer must not sell, re-hire, charge, pledge or part with the possession of the Equipment.

9.5 The Equipment will be at all times, whilst in the care, custody or control of the Hirer, at the risk of the Hirer.

9.6 If any of the Equipment requires repair or replacement as a result of the Hirer’s use of the Equipment, the Hirer must bear the total cost of any such repair or replacement.

9.7 The assessment of any damage to the Equipment and costing of charges to repair or replace the Equipment, shall be at the sole assessment of NSPS.

9.8 The Hirer’s Obligations the Hirer will:

(a) hire the Equipment at its own risk, and bear responsibility for the Equipment hired from the time of its delivery into the possession of the Hirer until collection by or return to NSPS;

(b) where necessary be responsible to obtaining the necessary permits and/or plans and pay such fees as may be required to use the Equipment.

(c) upon installation, delivery or collection of the Equipment, immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment.

9.9 The Hirer agrees to pay any expenses incurred or loss suffered by the hire company as a result of breach by the Hirer of its obligations pursuant to these terms (including legal and debt recovery costs).

9.10 Although great care has been taken by NSPS to accurately reflect Equipment in photographs displayed on our website and/or other advertising material, you agree and acknowledge that these photographs are for illustrative purposes only and may vary from Equipment depicted or described in real time.

9.11  The Hirer acknowledges that it enters into this Agreement, having carried out its own due diligence as to the condition, suitability and fitness of the Equipment for the Hirer’s purpose, and that it has not relied on any skill and judgment, or on any representation made by, or on behalf of, NSPS.

9.12 The Hirer acknowledges Set ups, styling or planning is an additional fee which can be incorporated to the service.

9.13 The Hirer acknowledged NSPS will not be liable for any injury, loss and/or damage suffered by the Hirer, or any other person, as a consequence of the Hirer’s use of the

9.14 The Hirer acknowledge NSPS will subcontract delivery or installations by third party contractors

9.15 The Hirer acknowledges that NSPS reserves the right to take legal action against the Hirer for false, misleading or damaging reviews on social media or other search engine platforms and that NSPS will seek to recover the costs of such action from the Hirer directly.

10. THEFT | MALICIOUS DAMAGE

10.1 All Hire Equipment is quality checked, counted and cleaned prior to collection. The Hirer must notify the Hire Company of any missing items, damage or dissatisfaction within 8 hours of D.I.Y hire collection or delivery. Otherwise any damage or uncleanliness of equipment shall be deemed the Hirer’s accountability.

10.2 Upon delivery of the Hire Equipment and until the collection of the Hire Equipment by the Hire Company the Hirer has full responsibility of the Hire Equipment.

10.3 The Hirer shall protect the equipment from the weather elements. Hire Equipment is not suitable for exposed outdoor use.

10.4 It is the Hirer’s responsibility to notify the Hire Company if Hire Equipment will be outdoors. Outdoor use is permitted under the condition that it is undercover such as marquees, pergolas, carport, terraces. Outdoor wedding ceremonies are permitted provided there is a wet weather contingency plan.

10.5 All deliveries of Hire Equipment require level and steady ground for safety and insurance purposes. It is the responsibility of the Hirer to ensure that the Hire Equipment is stored safely.

10.6 The Hirer agrees to pay full replacement cost of any equipment badly damaged, lost or stolen during their hire period, including any lost packaging, storage crates, bags or bubble wrap associated with the Hire Equipment.

10.7 The Hirer agrees to pay any repairing costs to damaged Hire Equipment. Any damaged to Hire Equipment will be decided by the Hire Company if it can be repaired or requires replacement. Burns, holes, tears, water damage or other similar damage to Hire Equipment shall be replaced at full cost to the Hirer. Should the D.I.Y Hire Equipment not be returned by the agreed date following the Event Date the Hirer agrees to pay for continued hire fees, at a rate subject to the items hire rate per day.

10.8 In the event of an incident of theft or malicious damage to the Equipment, the Hirer must immediately report such incident to the police and provide the police reference number to NSPS, immediately upon its request.

10.9 NSPS will not be liable for any inconvenience, loss or damage suffered by the Hirer, because of any accident, theft or malicious damage to the Equipment.

10.10 The Hirer will not be entitled to any refund under this Agreement where the Equipment becomes unavailable for use due to theft that occurs to the Equipment, or the Equipment being damaged, during the Hire Period.

10.11 The Hirer will be liable to pay to NSPS, the Hire Fee for the period that the Equipment is unavailable for hire because of damage, accident or an incident of theft, which was caused by the Hirer’s recklessness and/or negligence.

10.12 The Hirer must not use the Equipment for any illegal purpose.

11. DAMAGES | RESTRAINTS

11.1 NSPS shall not be liable or responsible for any damage, loss or claim pertaining to:

(a) any personal injury that may be suffered or sustained by the Hirer or its agent(s) or by any other person who may be assisting with the pickup or delivery of the Equipment and items;

(b) any damage to the interior or exterior of the Hirer’s vehicle or any other vehicle used by the Hirer for the prop transportation from and to the Hirer Company’s premises;

(c) any referral made by NSPS to an independent contractor i.e. caterer, and

(d) any illness that may be suffered by the Hirer who may have contracted any viral or respiratory infection by NSPS staff, agents or its subcontractors.

11.2 The Hirer is responsible for their own safety at all times and ensure they always carry out safe lifting procedures so as to not cause personal injury.

11.3 The Hirer shall not set up the items where it may cause or contribute to damage or endanger the safety of any person in relation to the use of the event hire items.

11.4 NSPS shall not be held responsible for any circumstances that may prevent us from attending your event; these may include but are not limited to severe weather conditions, traffic delays, breakdown of our vehicles, mishandling of props by our third party contractor, breakdown of rental car company, severe sickness, equipment failure.

11.5 All costs associated with any lost, stolen, damaged or unclean equipment, if not paid by the due date on the final invoice, up to the value of $200 will automatically be charged to the nominated credit card held at the point of booking. If the costs exceed this amount, the hire company will contact the client to discuss payments options.

11.6 NSPS shall not be held liable or accountable for any damage(s) caused to any third-party property, equipment or set-up arrangements by NSPS staff, agents or its subcontractors supply and/or install of NSPS Equipment or items.

12. INDEMINITY

12.1 By using the Equipment, you agree to indemnify NSPS from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Equipment by you.

12.2 The Hirer hereby indemnifies and, its agents and employees, from and against all claims, actions, demands and expenses in any way arising from injury, death, loss of income or damage caused to the client or its property or the associated users in respect of the equipment or these terms.

13. SPECIFIC PRODUCT HIRE CONDITIONS

13.1 Arbor’s & Arches – Balloons, flowers or any form of decoration that was not supplied with the Hire Equipment needs to be removed ready for pickup for the Hire Company.

13.2 Backdrops – All decals (stickers), balloons, flowers or any form of decoration that was not supplied with the backdrop needs to be removed ready for pickup by the Hire Company.

13.3 Cake Stands – Cake stands should be wiped down and cleaned. All dessert residue must be removed from the cake stands.

13.4 Plinths /Cake tables – All stickers need to be removed from plinths, and balloons removed from inside ghost plinths. Cleaning Fee will apply if not removed.

13.5 Ceramic Vases – Vases should be emptied and dried.

13.6 Flower Hire – Flowers are not to be pressed during its transport or exposed to the rain; this will incur a full deduction of the security bond.

13.7 Picnic hire – Food items from plates must be removed prior our collection at bump out, rubbish removal from premise will incur a Cleaning fee. If remedial work is to the Picnic inventory required due to the Hirer’s mishandling this will result in fee.  Painting on canvas activities around the props is strictly prohibited.

13.8 Boho Marquee: If fabric drapes require a full cleaning service due to stains or marks a $300 fee will apply.

13.9 Wax residue to be removed from candelabras / candle holders

14. HIRER’S COVENANTS

14.1 The Hirer must, at all times, keep and maintain the Equipment, ensuring that it is in good and proper condition. In particular, the Hirer must:

(a) keep the Equipment in a secure location at all times;

(b) prevent the Equipment from being stolen, unauthorised use, misuse, vandalism, exposed to inappropriate environment; and make the Equipment available to NSPS, in the same condition (fair wear and tear excepted) as when it was delivered to the Hirer by NSPS’S third party delivery driver on the Delivery Time.

14.2 The Hirer agrees that they will be liable for any loss of, or damage to, the Equipment, including damage caused by fire, water, storm, collision, accident, theft or burglary. The Hirer must give reasonable notice to NSPS, in writing, of any such loss or damage.

14.3 The Hirer must not use the Equipment for any illegal purpose.

14.4 The assessment of any damage to the Equipment and costing of charges to repair or replace the Equipment, shall be at the sole assessment of NSPS.

14.5 The Hirer must promptly give written notice to NSPS of any damage to the Equipment, any hazards threatening or affecting the Equipment and/or any hazards arising from the Equipment for which the NSPS might be liable.

14.6 The Hirer must not, without the prior written consent of NSPS, organise for any maintenance or repairs to be carried out to the Equipment, but where such consent has been obtained and maintenance and/or repair works are carried out, the Hirer must provide NSPS with receipts for such works.

15. MARQUEE HIRE

15.1 To deliver the Equipment on the Delivery Date and to proceed to erect it for the use on or before the commencement of the Use Period except that if the Equipment is tables, chairs and forms NSPS’s obligation is limited to delivery only.

15.2 To dismantle and remove the Equipment from the Site as soon as reasonably practicable after the Use Period.

    1. The Client Undertakes
      1. To pay the Deposit and to pay the balance in accordance with the Quotation.
      2. To NSPS a reasonable period of time before the Delivery Date with an accurate plan of the Site showing all relevant services and any apparent obstacles which may affect the erection of the Equipment and the position on the Site in which the Equipment is to be erected and to advise NSPS of any alterations in the Site of which it is aware that may take place after the date that the plan was provided
      3. To give notice to or obtain any necessary permits from local authorities and / or the Site owners prior to erection.
      4. Not to enter the Equipment while it is being erected by NSPS.
      5. To keep any part of the Equipment that is a framed structure or a tent completely closed and secure and in particular any door in place and fastened when not in use.

15.3 The Client shall be responsible for and indemnify NSPS against any loss or damage to all hired equipment whatsoever the cause.

15.4 The Client must provide to NSPS proof of having arranged insurance in their name for their hired equipment at least seven days prior to the delivery date of the equipment.

15.5 The hirer will remain responsible for the first $800 loss or damage and will indemnify NSPS against any loss of or damage to all Hired equipment resulting from their negligence or legal liability.

15.6 Not to use any lighting, heating, cooking or other gas or electrical appliances of any kind without the previous consent in writing of NSPS. Naked candle flames, and sparklers are not prohibited under or close to the marquees.

15.7 Not to tamper with the structure or any part of the Equipment and in particular not to affix or suspend from the Equipment any item whatsoever without NSPS prior written consent and where feasible NSPS providing guidance on safe methods to do so.

15.8 Access to site via vehicle must be provided, site must be flat level ground free from flooding

15.9 Site must be grassed and mowed

15.10 We will not set up on dirt, muddy areas or dog parks.

15.11 In the event that a marquee is to be set up on concrete, this needs to be discussed early in the planning.

15.12 The site must be free of any overhead restrictions, overhanging tree branches and powerlines.

15.13 The site must not have drainpipes, cables or other services buried beneath the surface or otherwise concealed.

15.14 If the said site does not comply with these requirements NSPS may, in its absolute discretion, either rescind the contract by giving oral or written notice to the Customer or make additional hire charges. NSPS shall not be liable to the Customer for any loss damage or expense resulting from such rescission of the contract.

15.15 Any wasted journeys due to the Hirer’s representatives being absent will be charged for. Deliveries left at unattended premises are left at the Customer’s risk.

15.16 NSPS reserves the right to vary the quoted hire charges in the event of any increase taking place before or during the period of hire in the cost of labour, materials or transport.

15.17 NSPS normally provides labour for erection and dismantling, and the cost thereof is included in the hire charges. Only in exceptional circumstances and by special arrangement will NSPS allow the Customer to erect and/or dismantle NSPS’s property.

15.18 NSPS takes care and exercises due diligence when erecting and dismantling a marquee, therefore the time on site may vary due to the access, site, ground conditions and weather in which the staff are operating. NSPS shall not be responsible for the time taken and possible expenses incurred caused by a delay in erecting or dismantling a structure.

15.19 The Customer is responsible for giving notice to or obtaining all necessary permits from any authorities who are or may be concerned and must make application where to the Planning Authority, District Surveyor, Police, Fire Brigade and any similar authority or organization. Any cost as incurred in delays or modifications in the work arising from the absence of or misrepresentation of all such necessary permissions and permits shall be payable to NSPS by the Customer.

15.20 The Hirer must notify NSPS of adverse weather conditions which may affect the integrity of the structure.  For winds exceeding 60km/h NSPS must reassess the site to ensure its safety and suitability for the event.

15.21 The Customer is responsible for ensuring that the venue has sufficient power supply, plug points, connectors etc for any lighting hired as well as any other requirements they may have.

15.22 NSPS has the right to sub-contract any marquee booking.

16. FORCE MAJEURE

16.1 With the exceptions of any payment obligations, neither party shall be under any liability whatsoever for the consequences of any failure on its part to perform an obligation under this Agreement where delay is due directly or indirectly to any event of force majeure. “Events of Force Majeure” include any acts of God, pandemic, war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, COVID-19 related public health orders or any other event beyond its reasonable control.

16.2 If there is an event of Force Majeure, NSPS will notify the Hirer and the likely impact on its performance under this Agreement. If the event is affected by the capacity of NSPS to complete its material obligations under this Agreement in a timely manner, NSPS may by notice to the Hirer terminate this Agreement without any liability whatsoever on its part arising from such termination.

16.3 NSPS will be entitled to retain from any deposit, advance payment or other money paid by Hirer to NSPS the amount of any costs, charges or expenses actually incurred by NSPS before the event of force majeure happens, remaining amount will be deposited to the hirer’s nominated account

16.4 If there is an event of Force Majeure that affects the Hirer, the Hirer will notify NSPS immediately and NSPS will reschedule their event within three (3) month period or on expiry or end of the Force Majeure event.

16.5 In the event that the Hirer is required change their event date due to COVID-19 related public health orders, the Hirer will be able to postpone their bookings and will receive a credit with NSPS to use at a later date which is convenient for all parties within twelve (12) months of your original event date.

16.6 Notwithstanding this clause 16, no cancellation or postponement is valid unless it has been acknowledged in writing by NSPS.

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