Terms and Conditions
Terms and Conditions of Hire for La Castelle Venue
Please review all our terms and conditions of hire.
The following Terms and Conditions must be accepted by the “Hirer” prior to “La Castelle Venue” making the goods or services available to the “Hirer”:
1. Basis of Contract
1.1 Unless otherwise agreed in writing by La Castelle Venue and the Hirer, these terms and conditions shall be the only terms and conditions on which La Castelle Venue 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 La Castelle Venue.
1.3 The Terms apply exclusively to every contract for the hire of goods and supply of services by the Hirer from La Castelle Venue and cannot be varied or supplanted by any other terms without the prior written consent of La Castelle Venue.
1.4 A written quote provided by La Castelle Venue to the Hirer regarding the proposed hire of goods is valid for 5 days of issue date and is an invitation only to the Customer to place an order based upon that quote. Any terms in La Castelle Venue’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 La Castelle Venue, La Castelle Venue 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 amount of $350 minimum hire amount is required for delivery orders. This minimum hire does not include delivery 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.
2.5 Items that are being collected from the 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 the 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 days of the invoice issue date; and balance with cash on pick up, or 14 days prior to the delivery date. (b) Deposits are non-refundable, transferable and cannot be exchanged for a credit note. (c) Delivery cannot be confirmed unless full payment has been received 14 days prior to the event. (d) Items will not be held without a deposit. The Hirer has 5 days within the invoice issue date to secure items with a 50% deposit. (e) If an order is placed less than 7 days from the event date, then payment in full is required within 24 hours from the invoice issue date.
3.2 Payment must be made by Cash, over the phone payment, or bank transfer.
3.3 La Castelle Venue requires a Security Bond for pickup orders. Subsequent charges for loss, damage, repairs, extra time, or other expenses will be deducted from the Hirer’s bond.
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 La Castelle Venue, La Castelle Venue is unable to provide goods, then La Castelle Venue 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 canceled 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 the 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:
- 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.
- Agrees to 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.
- 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.
- Use the Equipment in a proper, safe, and prudent manner and only for the purpose and capacity for which it was designed.
- 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.
- Will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning, and/or packing the Equipment.
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 La Castelle Venue’s count and decision as to the condition of goods prior to dispatch and on return shall be final.
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 labor 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.
No Liability for Indirect or Consequential Loss
8.1 La Castelle Venue shall not in any event be liable for contingent, consequential, indirect, special, 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 La Castelle Venue to the Customer are excluded, to the full extent permitted by law. The liability of La Castelle Venue 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 La Castelle Venue 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 La Castelle Venue’s Equipment and La Castelle Venue (or its Contractors) move existing furniture, La Castelle Venue is not liable for any damage caused.
8.3 La Castelle Venue 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.
Privacy and 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 inquiry made to a Supplier from the Website.
