The following Terms and Conditions must be accepted by the “Hirer” prior to “Elegant Tea Time” making the goods or services available to the “Hirer”
1. Basis of Contract
1.1 Unless otherwise agreed in writing by Elegant Tea Time and the Hirer, these terms and conditions shall be the only terms and conditions on which Elegant Tea Time will provide the goods and or services to the Hirer.
1.2 These Terms are deemed to be accepted by the Hirer on payment of a booking deposit, on receipt by Elegant Tea Time.
1.3 The Terms apply exclusively to every contract for the hire of goods and supply of services by the Hirer from Elegant Tea Time and cannot be varied or supplanted by any other terms without the prior written consent of Elegant Tea Time.
1.4 A written quote provided by Elegant Tea Time to the Hirer regarding the proposed hire of goods is valid for 7 days of issue date and is an invitation only to the Customer to place an order based upon that quote. Any terms in Elegant Tea Time’s quote form part of the Terms of the Contract and if inconsistent will prevail.
1.5 If an order placed by the Customer is accepted by Elegant Tea Time, Elegant Tea Time agrees to hire the goods to the Hirer for the Hire Period for use at the Site on these Terms.
1.6 Goods hired shall at all times remain the property of the Owner
2. Hire Charges and Delivery
2.1 All prices inclusive GST and service unless otherwise stated.
2.2 A minimum hire charge of $100.00 applies for all small pick up orders and a $250 charge applies for delivery orders. This does not include delivery fee and pick up fees.
2.3 Amount quoted is for use of the goods for the period of 1- 3 days. Longer hire fee applies for items required for a longer period than the standard hire.
2.4 Unless otherwise specified, any delivery and pick up quotation assumes:
(a) delivery, and pick up of goods being provided during ordinary hours of 8am to 7pm;
(b) any delivery and pick ups outside ordinary delivery hours will incur an extra surcharge.
(c) Public Holiday surcharge applies to all bookings on public holidays.
(d) delivery being made to street level;
(e) grounds or floors being level and clear;
(f) If delivery is required to higher ground level, we must be notified before deposit is paid as extra surcharge applies.
(g) the Customer unpacking, setting out, repacking and cleaning of goods.
2.4 Items that are being collected from warehouse must be made on Friday between 10am and 4pm. Items must be returned back to the warehouse on Monday between 10am and 4pm.
(a) Late Fees of $20 per day apply to items returned after Monday. Amount will be deducted from security bond.
3. Invoicing, Payment and Bonds
3.1 Payment for hire of goods and services must be made by:
(a) 50% Deposit of the total quoted fee on ordering within 7 day of invoice issue date; and balance with cash on pick up, or 14 days prior to delivery date.
(b) Deposits are non refundable, transferrable and cannot be exchanged for a credit note.
(c) Delivery cannot be confirmed unless full payment has been received 14 days prior to event.
(d) Items will not be held without a deposit. Hirer has 7 days within invoice issue date to secure items with 50% deposit.
(e) If order placed less than 7 days from event date, then payment in full is required within 24 hours from invoice issue date.
3.2 Payment must be made by Cash, or bank transfer.
3.3 Elegant Tea Time requires a Security Bond for all hires including delivery orders. Subsequent charges for loss, damage, repairs, extra time or other expenses will be deducted from the Hirer’s bond or must be paid in cash to delivery driver upon pick up of order.
3.4 The Hirer agrees to pay any expenses incurred or loss suffered by the Owner as a result of breach by the Hirer of its obligations pursuant to these Terms (including legal and debt recovery costs).
4. Variation and Cancellation
4.1 If through circumstances beyond the control of Elegant Tea Time, Elegant Tea Time is unable to provide goods, then Elegant Tea Time may:
(a) make changes to the goods provided that the end performance is not materially prejudiced; or
(b) cancel any order (even if it has already been accepted) by notice in writing.
4.2 The Hirer may cancel an order but will forfeit all booking deposits. For orders cancelled 14 days prior to the event date, the balance of the invoiced fee is due in full.
4.3 Any item removal or deductions from invoice must be made at least 4 weeks prior to the hire date. Variations made within 4 weeks will incur the hire charge. Additions can be made at any time and are subject to availability.
5. 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 the Owner.
(b) agrees not remove the Equipment from the location designated in the order form, and must not sub-hire, part with possession or part with control of, the Equipment, without the Owner’s written permission.
(c) assumes the risk of and indemnify and hold the Owner harmless from and against any and all property damage and personal injury resulting from:
(i) the use of the Equipment;
(ii) contact with underground cables, pipes, services or other obstructions; and
(iii) all necessary surface repairs.
(d) use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which it was designed.
(e) ensure all Equipment is returned or ready for collection by the Owner’s driver, in a clean, dry and properly packed condition and, if being collected, is readily accessible.
(f) will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment.
6. Delivery and collection
6.1 Goods will be delivered in a clean, but not necessarily sterile, state. The Hirer is responsible to ensure any goods from which food or drinks are to be served are fit for use.
6.2 The Hirer must ensure that goods are kept in a safe place, and protected from any damage from weather including wind and rain.
6.3 Elegant Tea Times’ count and decision as to condition of goods prior to despatch and on return shall be final.
7. Force Majeure
7.1 For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, War, Rain, Hail, Wind, Fire, Explosion, Civil disobedience, Legislation not in force at the date of this Agreement or labour disputes. Neither the Company nor the Customer will breach this agreement and each party will not be liable to the other party for delay or failure to perform its obligation under this agreement due to Force Majeure. The Company may give written notice to the Customer, giving full particulars of such Force Majeure.
7.2 The Company shall not be liable for any indirect or consequential losses or expenses suffered by the Customer, including but not limited to, loss of turnover, profits, business or goodwill or any liability to any other party or for any loss or damage suffered by the Customer as a result of any delays caused by such Force Majeure events.
8. No liability for indirect or consequential loss
8.1 The Company shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by the Company to the Customer are excluded, to the full extent permitted by law. The liability of the Company resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the Equipment to the Customer or the repair of the Equipment supplied to the Customer.
8.2 The Company shall not be liable for any damages caused by its Equipment, this includes but is not limited to walls , floors, doors, windows, stairs, furniture, fixtures, fittings, artworks and landscaping. In the event the site is not clear to receive The Company’s Equipment and The Company (or its Contractors) move existing furniture, The Company are not liable for any damage caused.
8.3 The Company shall not accept any consequential costs or damages arising from the failure, delay, bad weather or malfunction of the Equipment. The Customer is responsible for taking precautions to ensure alternative arrangements are made in such a situation.
9. Privacy & Information
9.1 Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals’ personal information collected as a result of an enquiry made to a Supplier from the Website.