Definitions

“Administration fee” means the additional amount charged by the owner.

“After Hours Fee” means an additional charge for the delivery, collection, set up or pack down of the Equipment outside the Standard Business Hours.

“Quote or Booking Invoice or Tax Invoice” means the document that details the individual Equipment for hire as requested by the Hirer.

“Quote or Booking Invoice Amendments” means any additional items that the Hirer may request to be added to the Equipment hire quote or booking invoice.

“Cleaning Fee” mean an additional charge for Equipment being returned not in the same condition as they were hired that needs cleaning on return of the hire items.

“Delivery” means the Hirer has paid a fee for delivery of the Equipment.

“Deposit” means a non-refundable 50 percent deposit for the securing of the Equipment for hire payable within 3 business days of the quote, booking invoice / tax invoice date.

“Equipment” means the items hired out by the Owner to the Hirer.

“Full Payment” means the total hire amount less the deposit to be paid 14 days prior to the hire of the Equipment.

“Hirer” means any person who requests the Owner to hire Equipment to it, including its employees and agents.

“Late Fee” means the fee charged by the Owners to the Hirer for failure to return the Equipment on the agreed day and time.

“Sculpt Wall Specialist Booking Information Form” means the document the Hirer must complete and return with their 50 percent deposit or full payment to secure the Equipment for the hire.

“Owners” means Sculpt Wall Specialist 59 521 079 343, its employees and agents.

“Postponement Fee” means the additional fee charged to the Hirer for postponing their hire.

“Pack Down” means the Hire has paid a fee for the pack down of the Equipment as documented and agreed by the Hirer and the Owner.

“Pick Up” means the Hirer has agreed to pay a fee for the pickup of the Equipment.

“Standard Hire” means the agreed Equipment hire collection and return day and time as stated on the quote, booking invoice or tax invoice or as agreed by the Owner in writing.

“Standard Business Hours” means the hours of 9am to 5pm Monday to Friday

“Saturday Business Hours” means the hours of 8am to 4pm Saturday

“Before Hours” mean any hours not covered under the Standard Business Hours and Saturday Business Hours.

“Sunday Surcharge” means any items delivered or collected on Sunday will incur an additional fee.

“Security Bond” means the amount of money to be paid prior to hiring of the Equipment to cover loss, damaged or repairs as a consequence of the hire by the hirer.

“Set up” means the Hirer has agreed to pay a fee for the setup of the Equipment as documented and agreed by the Hirer and the Owner.

“Tax Invoice” means the document that details the individual Equipment for hire as requested by the Hirer.

“Terms and Conditions” means these terms and conditions as detailed in this document.

“Venue Access” means the accessibility for the Owner to deliver the Equipment using the information as provided by the Hirer documented in the Sculpt Wall Specialist Booking Information Form.

“Venue Access Fee” mean an additional fee where the Owner will have access issues delivering or picking up the Equipment.

 

Equipment Hire Timetable

The Equipment will be available by the Owner for the Hirer to collect at the Standard Hire as stated on the Quote, Booking Invoice or the Tax Invoice or as confirmed in writing with the Owner.

Any changes to that day and time must be agreed by the Owner in writing.

 

Terms of Payment

Within 2 weeks minimum of the event date

Where the hirer has requested to hire the equipment for an event within 2 weeks of the event date, the hirer must pay the 50% of the Quote, Booking Invoice or Tax Invoice amount within 3 business days to secure the hire.

Please note that this payment will be non-refundable if hirer wishes to cancel less than 7 days of the event date.

Sculpt Wall Specialist Information Booking Form to secure the Equipment.

This will secure the Equipment for the Hirer. Failure to pay by the agreed time will result in the Equipment being available for hire by other parties.

Full Payment is required 3 days prior to the hire event date. The Full Payment amount includes the total hire amount less the deposit already paid by the Hirer.

 

Booking Form

All Equipment hire request must be completed on the agreed booking form and sent to the Owner for confirmation that the Equipment will be available on the day of hire. A confirmation Booking Form will be sent to the Hirer along with an invoice for payment. The Equipment will only be secured for hire on the payment of the deposit invoice. Failure to pay the invoiced amount by the agreed date will result in the Equipment being returned for hire by other parties.

 

Security Bond

The amount required to be paid by the Hirer for the Security Bond will depend on the value of the Equipment hired.

The Security Bond will be charged based on the total value of the hire amount. The minimum amount of a Security Bond being $100.00.

The Security Bond amount will be refunded to the Hirer on the successful and safe return of the Equipment usually within 5 business days after the event.

Any damages, losses, breakage will result in the loss or the reduction of the Security Bond refund. All reductions to the Security Bond amount will be documented to the Hirer for clarification.

The Hirer agrees to pay the Owner’s hire charges and any other charges, including charges for loss, damage and repairs or and tax, GST, levy, or other expenses paid or payable by the Owner.

If this amount exceeds the Security Bond a further credit card payment will be taken from the credit card for the amount exceeding the Security Bond.

The hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligation’s pursuant to the Terms and Conditions (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by the Owner, its legal advisors, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise.

 

Booking Amendments

The Hirer can add additional Equipment to the Quote, Booking Invoice or Tax Invoice (subject to the Equipment availability) by emailing a request to add the additional Equipment.

The Owner will request an additional 50 percent deposit of the additional Equipment or the full amount of the additional hire amount payable within 3 days of the updated Quote, Booking Invoice or Tax Invoice.

Failure to pay this adjusted/ updated invoice by the agreed due date will result in all Equipment booked by the hirer to be returned for hire to other parties and any monies paid to be forfeited by the Hirer.

 

Delivery and Setup

The Owner agrees to Deliver the Equipment to the Hirer’s Venue as details in the Sculpt Wall Specialist Information Booking Form.

The Owner will be setting up and packing down the Equipment at the Venue as the setup/pack down fee being invoiced and paid in advance.

Set Up and Pack Down The Owner agrees to Setup and Pack down the Equipment according to the detailed documented plans provided by the Hirer and agreed to in writing by the Owner.

At Setup if the documented plan significantly changes an additional fee maybe charged based on the extent of the changes and the impact on staffing to do these changes.

This additional fee will be charged against the Security Bond and if this amount exceeds the Security Bond a further credit card payment will be taken from the credit card for the amount exceeding the Security Bond.

The Hirer by completing the Sculpt Wall Specialist Booking Information Booking Form or as confirmed in writing with the Owner have agreed to a Pack Down time.

If the Pack Down time as agreed is significantly delayed and as a result the Owner is required to pay additional salary to its employees, the Hirer agreed to reimburse the Owner all costs associated with this delay.

This additional cost will be charged against the Security Bond and if this amount exceeds the Security Bond a further credit card payment will be taken from the credit card for the amount exceeding the Security Bond.

 

Venue Access

The Owner may charge an additional delivery access charge where the Hirer has failed to advise or omitted Venue delivery access issues in the Sculpt Wall Specialist Booking Information Booking Form section on Venue Access. If the Owner identifies either before or on the day of delivery or pickup specific access issues, an additional delivery access charge will be incurred.

 

Damage/Breakages/Loss of Equipment

The Hirer will advise the Owner of any damage, breakages or loss of Equipment at the time of the return of the Equipment.

The Hirer will be charged an appropriate fee for the damage, loss or breakage of the Equipment. Any damages, losses, breakage will result in the loss or the reduction of the Security Bond refund.

All reductions to the Security Bond amount will be documented to the Hirer for clarification.

The Hirer agrees to pay the Owner’s hire charges and any other charges, including charges for loss, damage and repairs or and tax, GST, levy, or other expenses paid or payable by the Owner.

If this amount exceeds the Security Bond a further credit card payment will be taken from the credit card for the amount exceeding the Security Bond.

 

Late Return of Equipment

A Late Fee will be charged for all Equipment that is not returned as per the Standard Hire Day and time unless agreed by the Owner in writing prior to the return of the Equipment.

This Late Fee will be initially $50.00 per hire or the value of the loss of revenue incurred by the Owner because the Equipment was unavailable for hire whichever is greater.

For each additional day that the Equipment is late a further $50 will be charged to the hirer or the value of the loss of revenue incurred by the Owner because the Equipment was unavailable for hirer whichever is greater.

 

Termination / Cancellation of Hire

The Owner may terminate the hire at any time. The Hirer shall have no claims for such termination.

The Hirer may terminate the hire of the Equipment providing written notification that the Equipment Hire is no longer required 7 days minimum prior to the event date.

The 50 percent deposit will not be returned if noticed less than 7 days of the event date. 

Any additional monies paid less an administration fee dependent on the hire amount will be returned provided that the Owner is advised in writing 7 days prior to the hire / event date

 

Indemnity

The Hirer will assume the risk of and indemnity and hold the Owner harmless from and against any and all property damage and personal injury resulting from the use of the Equipment.

The Hirer hereby releases the Owner from and agrees to indemnify the Owner in respect of any third-party claims, actions, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Equipment by the Hirer or these terms. the Hirer or these terms.

 

Hours of Operation

The Hirer will be charged additional hire fees for delivery/set up/pack down outside the Standard Business Hours.

This additional charge will be documented on the Quote, Booking Invoice or the Tax Invoice and paid as part of the booking invoice process

 

Postponements

If 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 Force Majeure clause, any rescheduling of the Hire will only be affected once confirmed in writing by Sculpt Wall Specialist and subject to the following provisions.

Postponement fee may be charged for the loss of the ability to hire the items whilst they have been booked out to the hirer.

If the Hirer wishes to reschedule the date of the event, Sculpt Wall Specialist 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 Sculpt Wall Specialist, if an item is not available for the Hires new date, Sculpt Wall Specialist will provide alternative items (subject to availability) to equal or less value but will not take any responsibility if the hirer is unable to find a suitable alternative.

 

Force Majeure

If Sculpt Wall Specialist is unable to perform their obligations under this agreement due to pandemic, riot, war, invasion, acts of foreign enemies, acts of terrorism, civil war, illness, Federal or State Government restrictions, emergency, wind, fire, explosion, casualty, strike, civil disobedience, unsafe environment, threat, act of God, legislation not in force as at the date of this agreement, acts of its vendors or third party suppliers or causes beyond the control of Sculpt Wall Specialist, any amounts paid by the Hire to Sculpt Wall Specialist can be transferred towards a rescheduled date in accordance with our postponement terms.

No refunds will be given if an event cannot go ahead due to any of the reasons listed above.

Any amounts paid by the Hirer to Sculpt Wall Specialist will be forfeited in favour of Sculpt Wall Specialist and any further payments will no longer be required to be paid by the Hirer.

Terms and Conditions

The Hirer agrees to the terms and conditions of Sculpt Wall Specialist on payment of deposit, full payment or by completing and signing the Information

Booking Form to the Owner. If you have any questions regarding the terms and conditions of hire, please email us at sculptwallspecialist@gmail.com