Terms & Conditions
Festival Events Australia – Terms and Conditions
Festival Pty Ltd (ABN: ) hereafter called “The Company” sets out the terms and conditions binding upon every customer to whom the invoice is addressed (each of whom is hereinafter called “The Hirer”) and constitutes the Agreement between the Company and the Hirer in relation to the hiring of the equipment/services described on the face of this invoice.
1. “Equipment” in these terms and conditions means the Stage Trailer and equipment or Dry Hire equipment as stated on the face of the invoice
2. “Technician/s” means staff employed by the Company as part of the hire to operate stage erecting, sound and technical equipment, depending on the hire requirements this may incur additional charges.
3. “Stage Trailer” in these terms and conditions refers to the Festival Events Stage Trailers as stated on the face of this invoice.
4. The hirer agrees with the company:
4.1. The equipment remains the property of the company
4.2. Not to sell, charge or part with the equipment
4.3. To use the equipment in a careful and proper manner for the purpose it was intended; not to alter, interfere or tamper with, or let anyone else do so, and shall be responsible for the supervision of the equipment and materials during the event and any injury sustained by the general public, events staff, performers or guests, due to use or misuse of the equipment installed.
4.4. To notify the owner immediately if any judgment or order is levied upon the hirer or the hirer’s property
4.5. To permit or produce permission for the owner, his agents or servants to enter the premises where the equipment is installed at all reasonable times on reasonable notice in order to inspect the equipment or carry out repairs; or to allow the repossession by the Company of the equipment if the Company determines any breach of any items or condition of hire has been committed and (without prejudice to any other claims or rights as the Company may have to damages or otherwise)
4.6. To pay all charges to the Company in advance prior to the delivery / collection of goods / or truck hire.
5. The Hirer agrees to pay a 30% non-refundable deposit upon confirmation of booking and that the 70% balance of hire must be paid at least 7 days prior to hire. The company reserves the right to vary this rate (from time to time) without notice.
6. Payments shall be made by Internet banking/direct deposit to the Company. Note: Cheques are not accepted.
7. Cancellation Fee:
7.1. Upon cancellation 15% of 30% deposit is non refundable up until 90 days prior to the event, after which the whole 30% becomes non-refundable.
7.2. The 30% non-refundable deposit will be used to cover the cancellation fee if the hirer cancels within this 90 day period.
7.3. A 50% cancellation fee of the total hiring charge applies if the hirer cancels within 7 days prior to start of the event.
7.4. A 100% cancellation fee of the total hiring charge applies if the hirer cancels within 48 hours the start of the event.
7.5. The hirer acknowledges that in the event of any breach or cancellation of the quotation or agreement the deposit will be forfeited and become the absolute property of the company without prejudice to any other claim the Company may have against the hirer
8. Weather clause;
8.1. Wet Weather; the Company reserves the right to take whatever action deemed necessary if heavy consistent rain or electrical storm occurs or if possible harm or damage is imminent to equipment, or persons.
8.2. Hot Weather; the Company reserves the right to take whatever action deemed necessary if extreme hot weather is encountered for the duration of bump in, event and bump out (34°C or above)
9. A cancellation due to wet weather incurs a cancellation fee as set out in Clause 7 of these terms and conditions.
10. Should cancellation occur due to unforeseeable reasons by the Company a full refund shall be given to the hirer. Should the equipment or truck not be available due to unforeseeable reasons the Company shall attempt to substitute the equipment with a reasonable replacement, should the company deem this unattainable cancellation will occur.
11. Should the account not be settled within the terms of the invoice the hirers account will be handed to the Companies debt collector / representative to proceed with collection. Once handed over the Company no longer has control of the account and our debt / collection / legal representative will resolve the issue directly with the hirer. In the event this should occur any additional out of pocket fees shall be the liability of the hirer.
12. The Hirer agrees to indemnify the Company against any claims or actions whatsoever or howsoever made in respect of the equipment / truck / technician / agent or servant of the Company or the use thereof arising out of any event occurring during the event of the hire.
13. The hirer shall be responsible for any loss or damage to any of the equipment arising during the time from when the hirer is deemed to take delivery of the equipment at the warehouse of the Company until the equipment is returned to the warehouse of the Company. The hirer agrees to pay full replacement costs for any equipment lost or considered by the Company as irreparably damaged. Such payment shall be made within 7 (seven) days of such loss or damage coming to the attention of the Company.
14. The hirer shall be responsible for the loss and damage whatsoever caused to any person or property in relation to the equipment / truck / technician /agent or servant of the Company, or the use thereof and without limiting that responsibility, the Hirer shall be liable to effect public risk insurance in relation to the equipment for the duration of the period of hire. The Company hereby expressly disclaims liability for any loss / and or damage cause to any person or property in relation to the equipment or the permitted use thereof.
15. Should the hirer not have adequate public liability and insurance to cover any equipment / truck / technician, servant or agent of the company then an additional fee will apply to cover the required insurances.
16. The Company shall not be liable for any delay or failure to perform under this agreement if such delay or failure is caused or prohibited by conditions of Force Majeure including strikes, labour disputes, fire, breakdowns of commercial transportation, acts of God, acts or restraints of any Government agency or any similar such events which are beyond the reasonable control the Company.
17. In regards to truck hire, the hirer shall supply a site map to the company prior to the event and supply adequate space for the truck to set up; address all safety issues with the site area in which the equipment or truck will be set up.
18. If any Company technician, servant or agent are on site longer than 5 (five) hours it is the hirer / client’s responsibility to ensure that food and liquid drinks (including fresh drinking water) are available on site at all times. No Company technician, servant or agent are to work longer that 5 (five) hours straight without a break which is to be supplied by the hirer/ client, unless other meal supply arrangements have been made at time of booking.
19. The hirer acknowledges that all conditions and warranties which may be implied in relation to the supply of goods and services by the Company to the Hirer by virtue of the Trade Practices Act 1974 (Cth) as amended and the provisions of those Acts and by the law of Australia and the State of New South Wales are to the extent permitted by those Acts and by the law excluded and negated.
20. If any of these terms and conditions, or becomes for any reason, wholly or partly invalid, that term and condition shall to the extent of the invalidity, be served without prejudice to the continuing force and validity of the remaining terms and conditions.
21. Hire charges are subject to change without notice and are quoted in Australian dollars. Unless otherwise specified, quotes given over the phone are only estimated and may not include delivery freight, installation and / or operator fees.
22. Power to the stage truck needs to be provided by The Hirer through mains power with a 3 phase 32 amp outlet, or an appropriately sized generator for the stage truck being utilised.
23. Mobile Stage Truck does not take any responsibility for issues related to power or generators and the subsequent effects upon the event – whether that generator be sub-hired by Mobile Stage Truck or supplied by the client.
24. Standard stage truck hire entails a 12 hour day on site, unless previously arranged and incorporated into the hire fee. Any additional hours required on site will be charged out at a rate of $350 per hour.
25. Once a pre arranged bump in time has been set and confirmed, any delay to that start time whilst onsite, due to any reason (including those to do with the hirer, other suppliers, venue, restrictions to access, weather, etc) will be charged out at that rate of $350 per hour. The same applies to delays in finish time, beyond that that has previously been arranged and confirmed.
26. Events held in inclement weather and wet ground conditions that result in the stage truck getting bogged and requiring heavy vehicle towing, will have the associated towing fee passed onto the hirer.
27. No responsibility will be taken by Festival Events for any damage to the ground caused by the truck, or to any aspect of the event site due to tight, restricted access. It is the responsibility of the hirer to ensure adherence to venue terms and conditions. Festival Events does not provide track-mats, and it is the responsibility of the hirer to ensure track-mats are provided and in place to assist Truck/Trailer movement where necessary.
28. Free, allocated parking is to be provided by the hirer for 2 Mobile Stage Truck support vehicles, within or near the event site
29. The hirer is to provide access to water and passes Access All Areas for all Festival Events crew
30. By accepting a quotation and confirming a booking for Festival Events to provide services, the hirer automatically agrees to the above listed terms and conditions.