THE PROP PALACE HIRE AGREEMENT

1.1  The terms outlined below apply exclusively to every contract for the hire of goods and supply of services by the hirer from The Prop Palace and cannot be varied or supplanted by any other terms without the the prior written consent of The Prop Palace

1.2. These terms and conditions apply to the exclusion of any other conditions proposed by the customer unless agreed by The Prop Palace and the Customer in writing

1.3  These term are deemed to be accepted by the hirer on payment of booking deposit

1.4  Our props are designed primarily for indoor use, however, they can be used outdoors in fine weather. The props are NOT suitable in wet weather, strong wind etc. and must be relocated if the weather conditions change during an event

1.5  The hirer must consult the venue to obtain permission to set up on their premises and that sufficient space and power provision if needed have been organised

1.6  The Prop Palace may in its absolute discretion decline to hire Equipment to the customer at any time if it has a reasonable cause to do so

1.7  Goods hired shall remain the property of The Prop Palace

1.8  Delivery times will be discussed and agreed up on between client and The Prop Palace

2. Price

2.1 The Price is in Australia Dollars (AUD) and is exclusive of GST unless otherwise stated by The Prop Palace in writing

2.2 The Price is based on The Prop Palace pricing model. Pricing is adjusted periodically and any future orders and bookings shall be charged at the prices in effect at the time when the future order is placed. Any price quoted will be guaranteed for 3 days, otherwise the current price will be confirmed when the deposit on the order is paid

2.3 The Hirer must not withhold, make deductions from, or set-off payment of any money owed to The Prop Palace for any reason

3. Deposit & Payment Terms

3.1 Upon acceptance of these T & C's, the client shall make an initial, non-refundable, non-transferable deposit of 50% of the total invoice with the balance to be paid no later than seven (7) days before the event

3.2 Paying the deposit will constitute acceptance of these Terms and Conditions

3.3 Unless otherwise agreed between the parties, the Hirer must pay the deposit to The Prop Palace within three (3) days of a quotation being issued. Failure to do so may result in the order being cancelled by The Prop Palace

3.4 The Hirer is responsible for any delivery fees as specified on any quotation

3.5 The Prop Palace reserves the right to charge additional fees should the Hirer require changes to location, items ordered or if multiple delivery/collection locations are required

3.6 The Prop Palace may, at their discretion, charge an additional surcharge for Public Holidays, Sundays or After Hours 

3.7 Where an order is placed less than seven (7) days prior to the commencement of the hire period the full price must be paid IN FULL within 24 hours of the quotation being issued

3.8 If final payment is not received by the due date The Prop Palace reserves the right to cancel the order, with all monies paid to date by the Hirer being forfeited

3.9 All custom built or special purchase items require full payment at the time of order so that The Prop Palace can commence production and or purchasing of said items

4. Cancellation

4.1 If the Hirer cancels the order prior to the date, the Hirer acknowledges this will cause a reasonably foreseeable loss to The Prop Palace, and the hirer agrees that:

a)     It will forfeit the Deposit;

b)     If the booking is cancelled within twenty-one (21) days of the event, the Hirer will not be entitled to any refund of the Pre-event payment;

c)     The balance of the price retained by The Prop Palace is to compensate The Prop Palace for its reasonably foreseeable loss in the likely event that they will be unable to further book that date;

d)     The amount refunded to the Hirer is at the sole discretion of the The Prop Palace in the event that The Prop Palace is able to secure another booking for the Equipment on that date

4.2 In the event that The Prop Palace is unable to supply the Hirer with the Equipment, or any part of it, because of previous Hirer damaging the Equipment, or not making the Equipment available for collection, then The Prop palace may cancel the Hirer's order should a suitable alternative not be available for the event

4.3 In the event that The Prop Palace is required to cancel the Hirer's order in accordance with clause 4.2, The Prop Palace will;

a)     at its sole discretion and within seven (7) business days of the Hirer being notified  of the cancellation, refund all amounts paid by the Hirer to The Prop Palace; and 

b)     will not be liable for any loss or damage that the Hirer may suffer, arising from, or caused by The Prop Palace' cancellation under this clause

5. Rescheduling/Postponement

5.1 In the event that the Hirer wished to reschedule the Hire period for any reason, including but not limited to adverse weather conditions, imposed restrictions as a result of a pandemic or any other major event, any other rescheduling of the order will only be effected once confirmed in writing by The Prop Palace and subject to the following provisions

5.2 If the Hirer wishes to reschedule the date of the event, The Prop Palace will make all reasonable attempts to accommodate the new date, however is under no obligation to provide the Hirer Equipment or services on the new date. This is at the sole discretion of The Prop Palace

5.3 Any rescheduled date must be within twelve (12) months of the original booked date and The Prop Palace will credit any Deposit or part of the price paid by the Hirer towards the rescheduled booking

5.4 If the services are cancelled by the Hirer and then reinstated at a mutually agreeable future date, then a new contract outlining the terms of the agreement will be sent to the Hirer

5.5 Any rescheduled order will be adjusted and charged per the prices in effect at the time of the rescheduled hire period

5.6 The Hirer has the benefit of this clause only once

6. Delivery, Installation & Collection

6.1 The Delivery, installation and collection fee covers the delivery, installation and collection of all Equipment as described in the order

6.2 The Prop palace will, in good faith and to the best of their ability, deliver all Equipment to the delivery address by no later that the specified delivery time. In the event that The Prop Palace is unable to do so for any reason, the Hirer releases The Prop palace from any and all claims of Liability

6.3 The Hirer must provide The Prop Palace with safe and appropriate access to the Delivery address during the Hire Period

6.4 If, for any reason, The Prop Palace is unable to gain access to the Delivery Address for delivery of the Equipment, The Prop Palace may charge at its sole discretion an additional fee as reasonably determined by The Prop Palace for each additional delivery attempt. If this is the case, The Prop palace will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt of same

6.5 The Prop Palace may charge, at its sole discretion, additional fees where there are multiple delivery or collection locations

6.6 The Hirer must ensure measurements of the Equipment supplied by The Prop Palace are appropriate for the event space including ceiling heights, door and stair access. If any of the Equipment does not safely and appropriately fit, The Prop Palace reserves the right to refuse delivery. In such circumstances, the Hirer will not be entitled to a refund of any monies paid by the Hire and The Prop Palace will not refund any monies paid by the Hirer

6.7 If outlined in any order, The Prop Palace must make all reasonable attempts to setup the Equipment after it has been delivered to the Delivery Address

6.8 The Hirer must, upon placing the order, notify The Prop Palace if delivery of the order will be above ground level

6.9 Where the Hirer fails to disclose to The Prop Palace an above ground delivery, The Prop Palace may charge at its sole discretion an additional fee as reasonably determined by The Prop Palace for the additional service. If this is the case The Prop Palace will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt of same

6.10 Where the Hirer is not available at the Delivery address during delivery, the Hirer must allocate and provide The Prop Palace with the contact details of a designated person to meet with The Prop Palace at the Delivery Address

6.11 The Prop Palace will not be held accountable if any Equipment becomes damaged or missing due to failure to meet with the designated person or leaving the Equipment unattended at the Delivery Address. The Hirer does hereby release The Prop Palace from any and all Claims and Liability in the event the Hirer or designated person can not be located

6.12 The Hirer must make all Equipment available to The Prop Palace for collection at a time and date determined by The Prop Palace

6.13 All Equipment must be quality checked, counted and cleaned prior to collection by or return to The Prop Palace

6.14 If for any reason The Prop Palace is unable to gain access to the Delivery Address for collection of the Equipment, The Prop Palace may charge at its sole discretion and additional fee as reasonably determined by The Prop Palace for each additional collection attempt. If this is the case The Prop Palace will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt of same

6.15 If the agreed upon Collection time is delayed by the Hirer for any reason, resulting in costs incurred by The Prop Palace, the Hirer must reimburse The Prop Palace for all costs associated with the delay

7. Model and Photo Release

7.1 Subject to any copyright laws, the Hirer expressly grants The Prop Palace permission to use photos from the event in various forms of advertising promoting our services. Where images are provided by a contracted photographer, appropriate credit will be given. The Prop Palace may use and publish photographs of all persons and decor involved in the event for editorial, trade, advertising, website use, or any other purpose and in any manner and medium that they see fit to promote The Prop Palace. The Prop Palace may, at their cost and discretion, document aspects of your event with photography, video and/or written word with vendors of their choosing. The Prop Palace will be respectful of your privacy. If the Hirer would prefer to not include names of photos of any of the event attendees, the Hirer must advise The Prop Palace in writing

8. Insurance

8.1 The Prop palace will be responsible for effecting and keeping a current general insurance policy or policies in respect of the Equipment, to cover the Equipment in relation to damage or destruction of the Equipment, third party risk and Public Liability

8.2 The Hirer must not do any act in relation to the Equipment, which has the capability of rendering void, or voidable, The Prop Palace' insurance policy or policies covering the Equipment

8.3 The Hirer acknowledges that they must pay for risks that the insurance does not cover including, but not limited to, theft, damage resulting from misuse or use violating statutory rules and regulations or damage caused by the negligence of the Hirer

9. Theft and Malicious Damage to the Equipment

9.1 In the event of an incident of theft or malicious damage to the Equipment, the Hirer must immediately report such incident to the police and provide the police reference number to The Prop Palace immediately upon its request

9.2 The Prop Palace will not be liable for any inconvenience, loss or damage suffered by the Hirer, because of any incident, theft or malicious damage to the Equipment

9.3 The Hirer will not be entitled to any refund under this agreement where the Equipment becomes unavailable for use due to theft that occurs to the Equipment or the Equipment being damaged, during the Hirer will not be entitled to any refund under this agreement where the Equipment becomes unavailable due to theft that occurs to the Equipment, or the Equipment being damaged, during the Hire period

9.4 Where the Hirer is reckless or negligent, resulting in theft of or malicious damage to the Equipment, the Hirer will be liable to pay to The Prop Palace the price for the period of time that the Equipment is unavailable for hire