Salt & Wildflowers Events & Styling Crescent Head
ABN 73 711 621 830
TERMS & CONDITIONS
1. DEFINITION
1.1 The “Supplier” is A. Koivu & M.A Timmins T/as Salt and Wildflowers ABN 73 711 621 830
1.2 The “Client” refers to the person/s, firm, or corporation hiring equipment/services from the Owner.
1.3 The “Vendor” refers to the person/firm, or corporation the Supplier is contracting hire equipment/services from.
1.4 The “Venue” refers to the property in which the event will be taking place.
1.5 The “Equipment” means all the equipment and accessories supplied to the Client.
1.6 The “Services” means all the services of coordination or consultation supplied to the Client.
1.7 The “Terms and Conditions” means these Terms and Conditions of Service and Hire as set out in this document and any special terms and conditions as set out in writing from the Supplier.
1.8 The “Booking Form” means the form setting out the services provided by the Supplier signed by the Client to engage the Supplier.
1.9 “Special Order Equipment” means items the Supplier has to hire for the Client.
1.10 “Custom Built Equipment” means items the Supplier has custom built at the Client’s request.
1.11 “Special Purchase Equipment” means items the Supplier does not normally stock but will purchase for the Client.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services or Equipment by the Supplier to the Client and shall prevail over any other documentation and communication.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3. CLIENT OBLIGATIONS
To enable the Supplier to perform its obligations the Client shall:
3.1 Co-operate with the Supplier;
3.2 Provide the Supplier with any information reasonably required by the Supplier;
3.3 Keep the supplier notified of their correct name, address and any phone or e-mail information.
3.4 Comply with such other requirements as agreed between the parties.
3.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality
4. SUPPLIER OBLIGATIONS
4.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
4.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any Equipment supplied shall be free of defects at the point of dispatch
5. PRICE AND QUOTES
5.1 Prices are set at the date of the quote.
5.2 All quotes are valid for 7 days. During this time all equipment/services quoted are reserved for the client.
5.3 The client must pay the deposit within this time frame to secure quote equipment/services.
5.4 Payment after quote expiration does not confirm booking. The client must contact the Supplier to confirm the equipment/services are still available and the Supplier will send confirmation.
5.5 All quotations are valid for the specified event only.
5.6 The Supplier reserves the right to adjust any prices in any quotation once it has expired.
5.7 Quotes which include Vendor’s equipment or services will need to be reconfirmed if booking is not confirmed before quotation has expired.
5.8 Vendor’s equipment or services prices will require to be reconfirmed if booking is not confirmed before quotation has expired.
5.9 All quotes are dependent on the Supplier being granted appropriate access to deliver, install and dismantle its equipment/services on the day/times specified within the quotation. These arrangements can be confirmed with the venue and client prior to paying the deposit.
5.10 All prices included in quotes are in Australian Dollars.
6. DEPOSITS AND PAYMENT
6.1 A non-refundable deposit of 50% is required to secure your booking.
6.2 Deposits are deductible from the final bill payable and are non-refundable or transferable.
6.3 Events booked within 30 days require full payment at the time of the booking.
6.4 All bookings totalling $400 or less must be paid at the time of booking to secure your equipment/services.
6.5 In paying the deposit, the Client accepts and agrees to comply with all the Suppliers Terms and Conditions.
6.6 All details of the invoice must be finalised 30 days prior to the event.
6.7 Final payments are strictly due 30 working days prior to the event/hire date and before delivery of any item. If the Client does not comply with this, products will not be released, services will not be conducted and the deposit is non-refundable.
6.8 Failure to make payment within the specified timeframe may result in additional administration costs incurred.
6.9 We reserve the right to cancel the booking if payment in full is not received within 30 days of the event. Monies paid will not be refunded.
6.10 If a payment is late, we cannot guarantee the availability of equipment.
6.11 Will not order custom equipment until your invoice has been paid in full.
6.12 Where Custom Built Equipment, Special Order Equipment or Special Purchase Equipment are provided, a security deposit of 50% of the total cost is payable within 30 days of the event and will be returned to the Client within 72 hours of the items being returned to the Supplier.
7. CANCELLATIONS AND REFUNDS
7.1 Cancellations must be requested in writing via email or by letter by the client/s on the invoice with a minimum of 30 days before your event/hire date. Cancellations can be sent to Salt & Wildflowers, 18 Hodgson Street, Crescent Head NSW 2440 or via email to saltandwildflowers@gmail.com
7.2 If cancellation occurs prior in the 30 days prior to the event all monies paid less the deposit will be refunded.
7.3 If cancellation occurs within the 30-day period of the event date the client will be charged 50% of the total event cost and the deposit will be retained by the Supplier.
7.4 No refund applies to equipment cancellation on delivery, being when the Supplier delivers the item on the agreed delivery date.
7.5 No refund applies to cancellations of Custom Built or Special Purchase Equipment and full payment must be made by the Client at the time of booking.
7.6 The Supplier has the absolute right to refuse a booking and payment made at their discretion.
8. FORCE MAJEURE
8.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, pandemics, accidents, war, fire, flood, breakdown of machinery or vehicle, and the party shall be entitled to a reasonable extension of its obligations.
9. EQUIPMENT CHANGES
9.1 Should the client make changes to the equipment hire (except for Special Order Equipment) prior to 30 days prior to the event, the client will not be charged for items removed from the invoice.
9.2 Items added to the invoice within 30 days of the event will be charged accordingly and will be payable at the time of adding.
9.3 Items removed from the invoice within 30 days of the event will be charged to the client unless the Supplier makes an exemption for the Client.
9.4 Items removed from the invoice within 30 days of event that are invoiced from a supplier will be charged at the full rate and payment for them must be made.
10. HIRE
10.1 Minimum Hire order is for $400. Delivery and pick-up fees charged separately. Set up and pack down fees are charged separately.
10.2 All dry hire equipment will be charged a refundable security bond per item.
10.3 All prices are based on a 1-day event hire. Delivery the day before and pick up the day after the event. Unless otherwise negotiated between the Client, Vendor, Venue and Supplier.
10.4 If the Client requires a longer hire time it can be arranged at the time of booking and will depend on the availability of equipment and will be charged at an additional cost per item per extra day.
10.5 Hire fees are set at the time of quote. If a booking is not made by receipt of payment before the quote expires the Supplier and/or Vendor fees are subject to change.
10.6 No equipment is available for pick up unless negotiated with the Supplier. All dry hire items will be delivered, and a delivery charge will be applied.
10.7 All dry hire equipment must be constructed and set up by the Client. All items must be thoroughly checked for any faults prior to the event as the Client accepts all responsibility upon delivery once the equipment has left the Supplier’s premises.
10.8 All dry hire equipment must be packed up and stored in an accessible, safe and out of the weather place ready for collection. If any items are not packed away and ready for pick up at the designated time and cause delay to our staff, which then requires our staff to pack up items this will result in the security bond not being returned.
10.9 Adverse weather and garden watering systems can affect outdoor setups. The Client agrees not to undertake any garden watering in the proximity to the installed/hired equipment and acknowledges that while every effort is made to minimise the impact of adverse weather, any consequences of adverse weather remain at the Client’s risk and Supplier to be reimbursed for any damages/replacement of their equipment. In the event of adverse weather conditions that prevent the event or hired Equipment being installed or taking place at the arranged sit, no monies will be refunded. The Supplier will do their best to accommodate any reasonable request to setup the event in an alternate location providing this does not interfere with other bookings/clients. The Client will be responsible for payment of the alternative location. If there is a chance of extreme weather that will affect hired equipment a decision must be made no later than 12 hours prior to the arranged install time.
11. DELIVERY
11.1 There must be a site contact available for the delivery and collections days. Delivery day and time will be negotiated between the Client, Supplier and/or Vendors and must be confirmed 7 days prior to the event.
11.2 The Client must provide the Supplier with the name/s of this person/s and contact details.
11.3 Drop off and pick up access must be arranged by the Client prior to the driver arriving.
11.4 When equipment is received it is the responsibility of the Client to check the itemised receipt to confirm all equipment has been delivered. If equipment is missing from the order and are shown on the receipt it is the responsibility of the Client to inform the Supplier immediately.
11.5 Standard delivery & pick up fee of $100 applies to all hire equipment. If the amount of equipment requires additional return runs for delivery and the hire invoice to be full-filled, delivery is charged at $80.00 per hour of transport time in accordance with clause 11.6.
11.6 Any delivery outside the 15km radium of warehouse location (433 Crescent Head Road, South Kempsey, NSW 2440) will incur a delivery charge of $80.00 per hour of transport time.
11.7 Any delivery charged by Third Party Vendors is payable by the Client.
11.8 Unless otherwise stated the Supplier will not accept cancellation of any order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery.
12. RETURNS
12.1 It is the responsibility of the Client to ensure all items are packed and stored as delivered. Laundering & cleaning fee is included in the hire cost.
12.2 Once all Equipment is returned and checked that it is in the same condition to dispatch the security bond will be refunded. It is the Suppliers decision as to the condition of the Equipment prior to dispatch and upon return shall be final.
12.3 Should a dispute arise between the Client and the Supplier in relation to the return and condition of the equipment, the Client and Supplier will attend mediation to attempt to resolve the dispute before commencing formal proceedings.
13. LOSS AND DAMAGED GOODS
13.1 The Supplier must be notified immediately of any Equipment lost or damaged during the hire period.
13.2 Any charges relating to damages, breakages, professional-cleaning costs, repairs or shortages the Client will be invoiced accordingly.
13.3 Replacement and repair costs will be charged at the discretion of the Supplier, regardless of whether the Client, Venue or guest damaged the item. Replacement costs are charged in full.
13.4 The Client is to notify the Supplier of any lost item/s within 24 hours of the item becoming lost. If no notice is given to the Supplier of lost item/s it will be deemed as extended hire until such time the item/s are returned and the Client will accrue hire fees until notice is given or Equipment found and returned to the Supplier.
14. SERVICES
14.1 Where the Client has employed the Supplier to provide set up and pack down services, the Client is responsible for allowing sufficient time and access to the venue for set-up & pack down.
14.2 Service fees are based on location and amount of equipment to set up. Fees are set at quote and are confirmed when deposit is paid.
14.3 Set up and pack down service fees for Ceremony, Reception and events include a full set-up and pack-down of hire equipment, Clients own stock and additional Vendors stock if applicable. Delivery and pick up fees are charged separately.
14.4 In the instance where the amount of equipment is increased and a large volume is hired, the Supplier may increase the set up and pack down fees accordingly. This will be discussed with the client at quote booking stage.
14.5 Where the Client has employed the Supplier to provide on-the-day coordination the Supplier will be available on site for the negotiated and booked amount of time. Start and finish times are negotiated between the Supplier and Client.
14.6 Where the Client has employed the Supplier to provide on-the-day coordination the Client understands that the Supplier is not responsible to constructing, setting up or packing down furniture items. The Supplier will set up small décor items to complete and finalise the styling on the day and support the Client to run the order of events.
15. LIMITATION OF LIABILITY AND INSURANCES
12.1 The Client assumes all liability and responsibility for all the hire equipment from the time of delivery or install until collection or dismantle to/by the Supplier.
12.2 The Supplier is not to be held liable for any claims, damage, personal injury or loss that may occur before, during or after the event hire period.
12.3 The Client/s resume all responsibility once the equipment has left the Supplier’s premises.
12.4 The Client is responsible for maintaining all appropriate insurances in amount necessary to completely protect the Supplier and equipment against all claims, loss or damage during the hire period.
12.5 Any equipment used outside is done so entirely at the Clients risk. In no case should the Equipment be used of left outside in the rain or overnight.
12.6 In the event that the Supplier is issued with a fine due to the instructions of the Client, the fine will be payable by the Client.
12.7 The Client agrees that all charges for hire loss, hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be paid by the Client.
16. PUBLIC SPACES & APPROVALS
13.1 The Supplier does not accept responsibility for the approval or non-approval of Local Council Beach or Park applications.
13.2 Applications to the council as well as abiding by the council rules and regulations are the sole responsibility with the Client/s.
13.3 Ensuring all outdoor/indoor set-ups are in accordance with the Local Council, or the venues Rules and Regulations is the responsibility of the Client.
13.4 The Client is to provide to the Supplier a copy of all relevant approvals 14 days prior to the event occurring.
17. PHOTOS / SOCIAL MEDIA / MARKETING
17.1 The Supplier reserves the right to use images taken by the Supplier’s staff of our work for promotional purposes or use on the Supplier’s social media and website.
18. FUTURE CHANGES
18.1 The Supplier reserves the right to review and make any necessary changes to these Terms and Conditions yearly. Clients will be notified of these changes via email and have access to them on the Supplier’s website www.saltandwildflowers.com.au
19. AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS
19.1 These Terms and Conditions shall be provided to the Client when initial information on the Supplier’s services is acquired.
19.2 Additionally, these Terms and Conditions shall be provided to the Client when the initial quote for hire and/or services is provided.
19.3 Upon receipt of the deposit for the hire and/or services, whether paid on the quote or the invoice, the Client indicates that they have read and accepted these Terms and Conditions.
20. GOVERNING LAW
20.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
21. ACCEPTANCE
21.1 By signing the booking form, the client acknowledges that they accept the terms and conditions.
21.2 By continuing to act under the booking form, the Supplier acknowledges they accept the terms and conditions.