Terms of service

1.              Definitions

 

Bond means a refundable deposit payable by you to us as security for any Goods hired

Booking means a written request to hire the Goods accompanied by Payment

Goods means any item(s) supplied for hire by us to you

Hire Period means the length of period for which the Goods have been hired by you, which is usually 48 hours from the time you receive the Goods unless otherwise agreed by the Parties

Parties means you and us

Payment means full payment of any quotation and/or invoice issued by us in respect of the Goods (together with any delivery and/or collection fees – if applicable), which is to be made by you via Electronic Funds Transfer to our nominated bank account unless otherwise agreed

Us/we/our means V Party Queens ABN 28 521 204 603

You/your means the person making the Booking

 

  1. These Terms and Conditions (together with any invoice or other document issued by us in relation to the Booking), constitute a legally binding Agreement between the Parties, which takes effect at the time you make a

 

Bookings and Payments

 

  1. You are deemed to have read these Terms and Conditions and agree to be bound by them at the time you make a
  2. A Booking is accepted by us when we receive Payment – a request to hire Goods without Payment does not constitute a
  3. If you require to make Payment by way of instalments, you may request this option and we will consider it on a case-by-case basis, however Payment must be completed one week before the event
  4. The availability of the Goods on your selected date cannot be guaranteed until such time as you make a

Goods

  1. The Goods remain our property at all
  2. You accept full responsibility for the Goods once you receive them and you agree to use them for their intended use only and to do everything practicable to protect the
  3. You must inspect the Goods on receipt – if you haven’t advised us of any issues with the Goods within an hour of receiving the Goods, you are deemed to be satisfied with and have accepted the Goods as
  4. You acknowledge that we are in no way liable to compensate you if you cannot use the Goods as intended, due to circumstances which include but are not limited to adverse weather conditions and cancellation or disruption of the event for any other
  5. We take no responsibility whatsoever and are not liable to you or anyone else in any way if the Goods are the cause of any harm, injury or distress to any person(s) at the
  6. You accept full responsibility for any misplacement, theft or damage to the Goods during the Hire Period and agree to our recovering the cost of any resulting loss under clauses 27 and
  7. You agree to return the Goods in the same, clean condition they were in at the time of pick-up.

 

Collection, Delivery and Return

  1. Unless otherwise agreed, you must arrange to collect the Goods from and return them to our nominated address at the time or within the timeframe agreed between the
  2. If agreed, we may deliver the goods to your nominated address:
    • for a fee of $30.00 if the address is located within 10km of Newcastle 2300; or
    • for a fee of $60.00 if the address is located within 10-20km of Newcastle

  1. The same scale of fees stated in clause 15 will apply if you require us to collect the Goods from your nominated address following the
  2. Where delivery takes place, you acknowledge that we are not required to assemble, arrange or display the Goods unless otherwise

Cancellation, Rescheduling and Alterations Policy

  1. If you cancel a Booking prior to 24 hours of the event, you will incur a 50% cancellation
  2. If you cancel a Booking within 24 hours of the event, you will incur a 100% cancellation
  3. You may opt to reschedule an event prior to 24 hours of that event, subject to the availability of

the Goods on the proposed rescheduled date. If the Goods aren’t available on the proposed rescheduled date and no other alternate date we offer is suitable to you, the Booking will be treated as a cancellation under clause 18.

  1. You may alter the Goods in connection with a Booking (that is, change of theme and add-ons only) provided there is no reduction to the original Payment made and subject to the availability of those Goods.
  2. An altered Booking under clause 21 will be accepted only once any additional Payment is
  3. In the event of a cancellation under clauses 18 and 19, the Bond is fully returnable to
  4. If we have to cancel a Booking under unavoidable circumstances, we will refund the Payment and return the Bond in

Bond

  1. The Bond is to be calculated at either 100% of the amount of the Payment, or any other reasonable amount as determined by
  2. The Bond is payable at the time of making Payment, unless otherwise
  3. The Bond is returnable to you in full at the time the Goods are returned to us, provided the entirety of the Goods have been returned and that no part of it is damaged in any
  4. If the conditions in clause 27 have not been satisfied, we will deduct from the Bond an amount determined by us to cover the loss of the unreturned and/or damaged
  5. If the amount of the loss under clause 28 exceeds the amount of the Bond, you may be required to pay an additional cost to rectify that

Other

  1. We reserve the right to amend or update these Terms and Conditions, our pricelists and our list of Goods (as included in any particular party package) at any time in the
  2. The laws of NSW shall govern this Agreement. The venue for any legal proceedings brought in connection with this Agreement shall be in
  3. You agree to defend, indemnify, assume liability for and hold us harmless from any and all claims, demands, damages, losses, proceedings, penalties, expenses or other liabilities including legal costs, arising out of or resulting from the hire and use of the Goods, regardless of the
  4. You warrant that you have read and fully understood these Terms and Conditions and have entered into this Agreement
  5. As far as it is applicable to this Agreement, the Parties agree to observe all restrictions and rules as set out by the NSW Government pertaining to COVID-19.
  6. If any court determines that any provision of this Agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this Agreement invalid or
  7. If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was