Hire Terms and Agreement

These are the terms and conditions subject to which we (Candy Prop Hire) allow you (the hirer) to hire our equipment (including all items that we offer for hire). The hirer enters this agreement from the date they make the booking with Candy Prop Hire, paying us any fees or taking possession of our equipment you agree to be bound and it will be deemed consent to these terms and conditions.

1. We own the equipment and hire it to you for the hire period, for a fee detailed in the quotation and schedule of fees. You may not deal with the equipment in any way which is contrary to our ownership of it.

2. The quotation is an invitation to hire or receive services. Neither of us is bound to this agreement as a contract until you consent to the terms and conditions, pay the required deposit and/or bonds specified in the quotation and we confirm your booking.

3. This agreement, the quotation and our schedule of fees together contain the entire agreement between us and supersede all previous agreements and understandings between both parties
3.a. In the event that the quotation and schedule of fees are contradictory for an item, the quotation will apply unless there is an obvious error.
3.b. By consenting, you accept the terms set out in the agreement, quotation, and schedule.
3.c. It is the responsibility of the hirer to ensure they receive a quotation and the schedule that applies to their hire or service.

4. Equipment must only be used at the site or sites (the site) specified in the quotation and may not be sub-hired without consent from Candy Prop Hire

5. Equipment must only be used for its normal function as determined by us.

6. Hire Rates
6.a. All products priced and/or advertised are hired out on a day hire rate basis unless quoted otherwise, this is subject to the availability of items.  
6.b. All hire rates are ONLY for the hiring of products and not for any other services such as delivery which is available at an additional fee.
6.c. Should Candy Prop Hire fail to retrieve the products within the allocated time frame a late fee/extension fee of $25.00 per day will be charged. This will be deducted from the bond or charged to the credit card details left as security
6.d. If a public holiday should fall prior to, the day of event or day post event, it is up to the discretion of Candy Prop Hire when delivery and/or pick up can be arranged with agreement of the hirer at no extra cost or the hire item. 

7. Payment & Bond
7.a. To secure the booking date for items to be hired, the Hirer agrees to place a 25% deposit with Candy Prop Hire within 5 days of receiving their invoice or 100% within 3 weeks of the booking date. Please note – items will not be held without a deposit.
7.b. We ask that you carefully review your order once you have received your quote/invoice and ensure you are familiar with our Terms and conditions
7.c. By placing a deposit these terms are deemed to be accepted by the Hirer.
7.d. Balance for prop hire is due two weeks prior to the event date.
7.e. Methods of payment accepted by Candy Prop Hire include bank transfer and credit cards. Bank details can be found on quotations and invoices. All payments made by credit card will incur a surcharge. Cash payments of the total balance remaining can be paid in cash to Candy Prop Hire upon delivery of the items if only agreed by Candy Prop Hire, failure to have cash upon delivery, the credit card provided at the time of booking will be charged.
7.f. The bond is an option of a $250.00 bond via bank transfer or a copy of credit card details and must be taken at the time of booking.
7.g. All bonds will be held by Candy Prop Hire until the safe return/ pickup of all items in the same condition as was hired out to the Hirer minus any reasonable wear and tear.
7.h. If bond was received by Candy Prop Hire via digital means (bank transfer) then the Hirer must allow a 3-10 business day turnaround taking into consideration bank transfer time frames.

8. Delivery & Pickup
8.a. Bump in is when the Hirer is ready to receive the items without delay.
8.b. Bump out is when items are ready to be picked up without delay. Any delays will incur an additional charge.
8.c. Delivery is strictly at an easily accessible, ground level or in garage premises. Beyond these locations will incur an extra charge. Extra charges may apply if:
– You wish for your items to be taken beyond ground level of a building
– Your event space is more than 20m from where our vehicle can park or pull up
– If your items need to pass via stairs, elevators, escalators or a steep descent.
8.d. If the hirer requires drop off or pick up outside the hours of 9am-6pm Monday – Friday, 9am – 3pm on Saturday or Sunday or on a public holiday, additional charges will apply, unless an agreement is made in writing by Candy Prop Hire

9. Cancellations
9.a. All cancellations need to be received in writing. No verbal cancellations shall be accepted to minimise any misunderstandings.
9.b. Orders cancelled under any circumstances within 72 hours of the event date will forfeit the total 100% already paid to Candy Prop Hire
9.c. Orders cancelled within 2-4 weeks prior to the booking date will forfeit their 25% deposit or receive a credit note of up to 6 months.
9.d. All changes or removal of items from booking can only be made 2 weeks prior to the event unless approved by Candy Prop Hire. Additions of items can be made at any time subject to availability.
9.e. COVID & Pandemic Cancellations Candy Prop Hire WILL NOT be issuing refunds  due to events being cancelled, rescheduled or postponed by COVID and/or pandemic restrictions, in place a credit note will be issued for up to 12 months. In the event that the restrictions extend within the 12 month period, the credit note may be extended.  

10. Risk & Insurance
10.a. Risk in the equipment passes immediately to you when the equipment leaves our possession and you are responsible for care of all items. You remain responsible until the equipment is safely returned to the possession of Candy Prop Hire
10.b. Leaving our possession is defined as when you or a representative physically come in contact with equipment and/or interfere with the item during our set up at the site, we communicate that we have completed set up at the site or we leave the site.
10.c. Candy Prop Hire is not responsible for any injury that may occur to persons over the hire period or thereafter due to any products supplied by Candy Prop Hire whether through payment or otherwise.
10.d. We are not liable for any injury or death or other damage that arises from the use of our equipment or the actions of the hirer.
10.e. We are not liable for any allergic reactions that may arise from consuming the candy/chocolate supplied by us. It is the hirers responsibility to check for ingredients/allergens
10.e. The Hirer is responsible in maintaining all appropriate policies of insurance, covering liability, property and casualty insurances in amounts necessary to fully protect Candy Prop Hire and their products against all claims, loss or damage.

11. Loss or Damages
11.a Should any item/s become lost, stolen or damaged when in possession of the Hirer, the Hirer shall immediately notify Candy Prop Hire
11.b. The Hirer agrees to pay for all products lost, destroyed, stolen, damaged or not returned to the Candy Prop Hire
11.c. Damages and/or replacement costs will be paid to Candy Prop Hire based on the current pricing and availability of the items on the market. Should no equivalent item be found by the Candy Prop Hire then the Hirer is to reimburse Candy Prop Hire the cost in credit card or bank transfer at a cost set by Candy Prop Hire
11.d All reimbursements shall be paid by the Hirer within 72hrs of all items being returned to Candy Prop Hire and may be subject to late fee/extension fee if overdue.
11.e. Our items are not to be left out in damaging weather and our items are not waterproof.
11.f. Small imperfections and basic wear and tear of our items may be already present as part of the nature of our business

12. Photography -The Hirer consents to Candy Prop Hire use of any event and/or social media photos for marketing purposes provided to Candy Prop Hire

13. This agreement will be terminated once all fees have been paid to us and all equipment returned to our warehouse. The agreement  may be terminated in writing by us at any time without liability for loss to the hirer or any third parties.

14. Variations may be made to this agreement in writing with the consent of both parties.

15. Electronic communication in the form of email is an accepted form of written communication for this agreement.

16. All warranties, conditions and terms implied by statute or common law are excluded from this agreement as permitted by law to the fullest extent.

17. No verbal agreements or advice form part of this agreement.

18. We make no warranties that items are fit for purpose.

19. If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement.

20. Any disagreement is to be attempted to be resolved by mediation at the hirer’s expense prior to legal proceedings being commenced.

21. Failure to comply with this agreement by Candy Prop Hire that is out of our reasonable control will not render us liable for loss to the hirer or third party. I, for myself or the Hirer who has authorised me, confirm that I have read the hire agreement and consent to the terms. I note that no contract exists between us until Candy Prop Hire confirm my booking.

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