Terms & Conditions

1. Definitions

In the Hire Agreement, words importing the singular include the plural and vice versa. References to a person includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity whether or not it comprises a separate legal entity and a reference to a party to this document includes the party’s successors, permitted substitutes and permitted assigns.

‘Customer’ means the person, firm, organisation or corporation hiring the Equipment from Event Ambience as set out in the Hire Contract;

‘Equipment’ means all equipment including decor, backdrops, signs, stands, props, serve ware, furniture, decorations and accessories supplied by Event Ambience to the Customer, from time to time, as set out in the Hire Contracts;

‘Hire Agreement’ means this document and the Hire Contracts entered into by the Customer from time to time;

‘Hire Amount’ means all amounts payable by the Customer from time to time as set out in the Hire Contracts or calculated using the rates set out in the Hire Contracts;

‘Event Ambience’ means Kybuz Pty Ltd as trustee for the Kybuz Trust or any other entity trading under licence as ‘Event Ambience’;

2. Hire of Event Ambience Equipment

2.1 The hire of the Equipment commences from the start date when the Customer takes delivery or collects the Equipment from Event Ambience’s and continues until the Equipment is back in Event Ambience’s possession and control and fit for the purpose of hire again and includes all weekends and public holidays during that period (the Hire Period).

2.2 The Customer is entitled to use the Equipment for the Hire Period.

2.3 Any extension of the Hire Period must be agreed to by Event Ambience.

2.4 A minimum Hire Period may apply. If such a minimum period applies, Event Ambience will notify the Customer.

2.5 The Customer agrees to return the Equipment upon demand from Event Ambience and that the Hire Agreement may be terminated at any time by Event Ambience without giving any reason.

2.6 The Customer acknowledges that Event Ambience has the right to inspect the Equipment at all times during the Hire Period and to allow this, the Customer gives Event Ambience the right to enter any property where the Equipment may be located.

3. Payment for Hire

3.1 The Customer agrees to pay Event Ambience the Hire Amount specified in the corresponding invoice for the Equipment for the Hire Period plus any applicable GST, stamp duties, fines, penalties, delivery or freight and other charges relevant to the Hire Agreement and the hire, including other charges set out in clause 4 below (collectively the Hire Fees).

3.2 The Hire Fees must be paid to Event Ambience 2 weeks prior to the start of the Hire Period.

3.3 The Customer agrees that any deposit paid by them for the hire of the Equipment can be used by Event Ambience in payment of the Hire Fee or other charges payable by the Customer under the Hire Agreement.

4.Other Charges

4.1 A cancellation fee may be charged by Event Ambience where the Equipment has been reserved by booking and the Customer cancels the booking or fails to take delivery of the Equipment.

4.2 Event Ambience may charge the Customer a fee at their discretion for any payment of the Hire Fee made by credit card.

4.3 In addition to the Hire Fees and charges set out in the corresponding invoice, the Customer is responsible for any physical damage to the Equipment, reasonable fees associated with any necessary cleaning or packing on return of the Equipment, consumables, parts/labour/materials required to modify the Equipment at the Customer’s request (if Event Ambience agrees to the modification) and any setup or assembly requested by the Customer.

4.4 If the Customer does not pay the Hire Fees in full by the due date, Event Ambience may:

(a) charge the Customer, in addition to any other costs recoverable under this agreement, interest of 1.5% compounding monthly on the total outstanding balance.

(b) charge the Customer 100% of all costs and expenses incurred by Event Ambience in recovering any unpaid amounts in the corresponding invoice and under the Hire Agreement, along with interest of 1.5% compounding monthly.

4.5 If the Customer requires Event Ambience to deliver the Equipment at the start of the Hire Period and/or collect the Equipment at the end of the Hire Period, Event Ambience will charge the Customer an additional delivery/collection fee(s) as applicable and as set out in the corresponding invoice.

4.6 Event Ambience may charge the Customer a fee at their discretion for any public holiday or out of normal business hours (8am to 5pm) correspondence, deliveries, collections, attendance, or other matters that require Event Ambience’s attention.

5.Cancellation

5.1 The following cancellation terms apply to all bookings:

Cancellation more than 4 weeks prior to the event date, a cancellation fee of the non-refundable deposit will apply.

Cancellation between 2 and 4 weeks prior to the event date, a cancellation fee of 50% of the order will apply.

Cancellation within 2 weeks of the event, a cancellation fee of 100% of the total order will apply.

6.Cross-hire

6.1 The Customer must not on-hire the Equipment to any third party unless the Customer is known to Event Ambience as an on-hire customer. In the event of a third party on-hire being agreed by Event Ambience, the Customer shall remain liable to Event Ambience in accordance with the terms of the Hire Agreement as though the on-hire agreement did not exist.

6.2 When Equipment is hired to other hire companies (with Event Ambience’s consent pursuant to clause 6.1), that are recognised by Event Ambience to carry on that role, then the Customer has the right to re-hire for value.

6.3 Any agreement by Event Ambience to the Customer entering into an on-hire agreement with a third party, is conditional upon the third party agreeing to operate under the same terms and conditions as contained in the Hire Agreement.

6.4 Event Ambience may charge the Customer for any cost or expense incurred by them in relation to anything that needs to be done by Event Ambience under this clause.

7.Customer warranties

7.1 The Customer warrants that:

(a) the Equipment will be used in accordance with the conditions outlined in the Hire Agreement and only for the purpose for which it was intended;

(b) the particulars in the Hire Agreement are correct in every respect and are not misleading in any way including, without limitation, by omission;

(c) the Equipment will not be used for any illegal purpose;

(d) the Customers vehicle is suitable for transporting the Equipment if required;

(e) the Customer will not, without Event Ambience’s prior written permission, tamper with, repair or modify the Equipment in any way, or permit another to do so;

(f) the Customer agrees that the Equipment complies with its description, is in merchantable condition and is fit for the Customer’s purpose; and

(g) the Customer agrees that the Equipment has been received by the Customer in clean and good working order.

8.Customer Indemnities

8.1 To the full extent permitted by law, the Customer releases, discharges and indemnifies Event Ambience from all claims and demands by third parties upon Event Ambience arising out of or consequent on the use or misuse of the Equipment during the Hire Period.

8.2 The Customer indemnifies Event Ambience from any claims arising out of the use of the Equipment including damage to property or livestock or injury to persons.

8.3 Without limiting clause 8.1 of the Hire Agreement, the Customer agrees that to the full extent permitted by law, no warranties are given by Event Ambience in respect of the Equipment. Any liability of Event Ambience pursuant to any warranty which cannot be excluded by law will not exceed either the cost of repairing the Equipment or for the cost of resupplying the Equipment, at Event Ambience’s sole discretion.

9.Customer Responsibility

9.1 The Customer will be responsible for any loss or damage to the Equipment irrespective of how the loss or damage occurred, including all wear and tear, during the Hire Period.

9.2 Event Ambience gives no guarantee as to the condition, safety or suitability of the Equipment. The Customer releases Event Ambience from any liability for the loss caused by failure of any of the Equipment.

9.3 The Customer is liable for the payment of the new purchase price of any Equipment not returned to Event Ambience.

9.4 The Customer agrees to fully reimburse Event Ambience in the event of damage or loss of the Equipment.

9.5 If the Equipment is damaged the Customer must notify Event Ambience within 24 hours of becoming aware of the damage.

9.6 The Customer must take all necessary steps to prevent injury occurring to persons or property as a result of the condition of the Equipment.

9.7 The Customer must take all necessary steps to prevent any further damage to the Equipment itself.

9.8 The Customer must not repair or attempt to repair the Equipment.

10.Customer Liability

10.1 The Customer 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 Customer’s possession, use, maintenance, repair, storage or transport of the Equipment.

11.Disclaimer

11.1 To the extent permitted by law, Event Ambience disclaims all liability for and do not give any warranties to the Customer as to the condition of the Equipment.

12.Event Ambience owns the Equipment

12.1 The Customer acknowledges that Event Ambience retains title to the Equipment, and that the Customer has rights to use the Equipment as a mere bailee only.

12.2 Subject to clause 6, the Customer agrees not to offer to sell, assign, sub-let, charge, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with personal possession of, or create any security interest over, the Equipment.

12.3 The Customer agrees not to conceal, alter or make any addition to the Equipment.

13. Photography and Recording

13.1 The Customer grants Event Ambience the irrevocable and unrestricted right to use, reproduce, and publish any photographs, videos, or recordings for marketing, promotional, or informational purposes, both online and offline.

13.2 The Customer is encouraged to share their experience on social media platforms. When posting online, we kindly request that you tag Event Ambience and use relevant hashtags. Your contribution to our online presence is appreciated, and it helps us showcase our products and services.

13.3 Event Ambience is committed to respecting the privacy of individuals. If, for any reason, a person wishes not to be included in photographs or recordings, they should notify Event Ambience.

14.Customer default

14.1 Event Ambience may retake possession of the Equipment if:

(a) the Customer is in breach of any provision of the Hire Agreement; or

(b) the Hire Period ends and the Customer has not returned the Equipment to Event Ambience.

14.2 All costs incurred by Event Ambience in repossessing due to a breach are to be paid by the Customer.

14.3 In the case of repossession due to a breach of the Hire Agreement the Customer agrees to grant Event Ambience permission to enter any premises where the Equipment listed in the corresponding invoice is situated to disconnect, decommission and/or remove that Equipment.

14.4 In addition to Event Ambience’s right to retake possession, Event Ambience are entitled (in Event Ambience’s sole discretion), following any breach of any provision of the Hire Agreement by the Customer, to terminate the Hire Agreement and/or sue for recovery of any damages or charges or loss suffered by Event Ambience, and/or to cancel any insurances effective in respect of the Equipment.

15.End of Hire Period

15.1 The Customer must ensure the Equipment is returned to Event Ambience at the end of the Hire Period in a clean condition otherwise, the Customer agrees to pay a reasonable cleaning fee if the Equipment is not returned in a clean condition (to be determined by Event Ambience).

For the sake of clarity any consumables used by the Customer are to be charged at a reasonable commercial rate by Event Ambience.

15.2 The Customer agrees to return the Equipment to Event Ambience’s address or organise collection on or before the end of the Hire Period and any failure to do so can be criminal theft and may be immediately reported to the police.

15.3 The Customer must ensure the Equipment is organised and suitably ready for collection by the agreed upon time and date otherwise, the Customer agrees to pay a reasonable packing fee if the Equipment is not ready in the condition it was delivered or collected (to be determined by Event Ambience).

16.Force Majeure

16.1 Subject to clause 15.2, neither the Customer or Event Ambience will be responsible for any delays in delivery, installation or collection of the Equipment due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes or lockdowns.

16.2 Nothing in clause 15.1 will limit or exclude the Customer responsibilities and liabilities under the Hire Agreement for Equipment that is lost, stolen, or damaged during the Hire Period, or has broken down or become unsafe to use as a result of the Customers conduct or negligence or breach of the Hire Agreement.

17.Variation

17.1 If Event Ambience intends to amend the terms of the Hire Agreement, Event Ambience will give the Customer 30 days notice of the intended amendments. Any failure by the Customer to dispute the amendments within 7 days of notice means the Customer accepts the amendments.

17.2 Any other variations to these terms and conditions shall be agreed in writing between the parties.

18.Non-merger

18.1 The covenants, agreements and obligations contained in the Hire Agreement will not merge or terminate upon the termination of the Hire Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

19.Severance

18.1 If any provision of the Hire Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, the Hire Agreement must be construed as if that provision or part of a provision had been severed from this agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

20.Governing law

20.1 The Hire Agreement is governed by the laws of the State of Queensland and each party submits to the exclusive jurisdiction of the courts of that State.

21.GST

21.1 The Customer agrees to pay to Event Ambience with and in addition to any fees and charges pursuant to this agreement or any corresponding invoice any goods and services tax on the supply of any good or service by Event Ambience to the Customer which may be assessed on such transaction pursuant to the A New Tax System (Goods and Services Tax) Act 1999 and its associated legislation.

Acknowledgement and Agreement to Terms

The Customer acknowledges and agrees that by making the initial payment or fulfilling any financial obligations, they have read, understood, and accepted all the terms and conditions outlined in the Hire Agreement.

Further, the commencement of the hire period indicates the customer’s acceptance of the terms. The act of taking possession of the Equipment signifies acknowledgement and agreement to the terms and conditions.