Hire Terms & Conditions

These terms for the hire of goods and equipment are an agreement by you (“you”, “your”) to hire goods and equipment (“Hire Items”) from Little Things Party Co (“we”, “us”, “our”), be that agreement made by SMS, email, facsimile or any other method of communication (the “Agreement”).

A quote outlining the price for the Hire Items and all related services (“Price”) will be provided to you with a link Agreement and may be amended or updated from time to time by us (“Quote”). The Quote will specify the Hire Items, any services provided (“Services”), the scheduled date for delivery and/or collection of the Hire Items (“Delivery/Collection Date”).

This Agreement, including the Quote, will constitute the entire agreement between us and you and supersedes all previous arrangements or agreements with you.

1. BINDING CONTRACT

1.1. This Agreement is entered into and will be binding on us and you when you pay:

1.1.1. the Security Bond of $100 (“Security Bond”), via bank transfer; and

1.1.2. if the Delivery/Collection Date is within seven (7) days, the full payment of the Price, a non-refundable booking fee equal to 20% of the Price (“Booking Fee”); or

1.1.3. for quotes of less than $100, full payment of the Price (inclusive of Booking Fee); or

1.1.4. for quotes of greater than $100, a Booking Fee.

1.2. Until you have accepted the Quote, we may at any time withdraw it by any means, including verbally, by email, SMS or letter to you.

1.3. We have no obligation to you to accept this Agreement or to supply the Hire Items if you accept the Quote outside of the specified timeframe for acceptance. Our Quote will be valid for fifteen (15) days.

1.4. This Agreement can only be accepted by both us and you.

2. TERMS OF PAYMENT

2.1. Unless otherwise agreed in writing with you, you are required to pay the Price as follows:

2.1.1. For quotes of less than $100, the full payment of the Price on acceptance of the Quote and this Agreement.

2.1.2. For quotes of greater than $100:

a) The Booking Fee on acceptance of the Quote and this Agreement; and

b) The remainder of the Price (being 70%) (“Final Payment”) seven (7) days from the Delivery/Collection Date.

2.2. If the Delivery/Collection Date is within seven (7) days, the full payment of the Price on acceptance of the Quote and this Agreement.

2.3. Payments may be made to us by our online payment system or Bank Transfer, or as otherwise directed by us.

2.4. The purpose of the Booking Fee is to not only secure the Hire Items for the Delivery/Collection Date, but for costs and expenses to ensure we can provide the Hire Items in the manner you require. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable unless specified in this Agreement.

2.5. The Booking Fee is not transferable to another date or another type of hire item (unless otherwise provided within this Agreement or as otherwise agreed with us in writing), and the variation of your Delivery/Collection Date constitutes a new booking, subject once more to this Agreement.

2.6. If payment is not made in accordance with this Agreement, we are not obliged to deliver and/or have the Hire Items available for your collection and may withhold delivery/collection until such payment is made. You agree and acknowledge that we are not responsible in any way for any delay or change to your event as a result of any late or non-payments by you.

2.7. If any payment is not made when due, you shall pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by us in collecting or attempting to recover all of part of the debt.

2.8. You acknowledge that through booking the Hire Items for the Delivery/Collection Date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to this Agreement.

2.9. Please be aware that prices contained in any quote for the supply of the Services (and any goods related to such services) are based on the costs prevailing and the specifications supplied at the time of the quote. Subject to your rights under law, including the Australian Consumer Law, we reserve the right to vary the price if, between the time of the quote and time at which Services are performed, costs of Goods and Services have increased.

3. BOND SECURITY

3.1. A security bond is required for all Hire Items provided by Little Things Party Co. The bond amount will be specified in the invoice and must be paid to secure the booking with Little Things Party Co.

3.2. The security bond is held to cover any potential damages, losses, or late returns of Hire Items during the rental period.

3.3. The security bond will be refunded within 7 days after the return of all Hire Items in satisfactory condition, less any deductions for damages, losses, late fees, or additional charges as outlined in these terms and conditions.

3.4. To ensure a full refund of the security bond, Hire Items must be:

3.4.1. returned on or before the agreed return date and time;

3.4.2. returned in the same condition as they were provided, allowing for reasonable wear and tear; and

3.4.3. clean, undamaged, and in proper working order upon return.

3.5. The following deductions may apply:

3.5.1. Costs incurred for repair or replacement of damaged or broken Hire Items.

3.5.2. Late fees for items not returned by the agreed upon date and time.

3.5.3. Cleaning fees if Hire Items are returned dirty or in an unsatisfactory condition.

3.6. Any outstanding balances or additional charges incurred during the rental period.

4. THE HIRE ITEMS

4.1. Unless otherwise agreed in writing, the Hire Items are available to you for a “weekend hire”, meaning Friday to Monday 12noon (“Period of Hire”).

4.2. In accordance with the terms of this Agreement, we will deliver or make available for collection the Hire Items on the Delivery/Collection Date to/from the address specified in the Quote (“Site”).

4.3. You must:

4.3.1. Unless otherwise agreed in writing, collect and deliver the Hire Items from the Site at the agreed time.

4.3.2. ensure that the Hire Items are transported in a safe manner to avoid damage.

4.3.3. ensure that the Hire Items are loaded/unloaded from any transport in a safe manner to avoid damage to the Hire Items.

4.4. Any request to cancel or change the Hire Items must be submitted to us via email and acknowledged by us. We reserve the right to accept or reject any such requests at our full discretion.

4.5. The Hire Items will, at all times, remain our property. You have no legal or equitable interest in the Hire Items or any part thereof. Your possession of the Hire Items (upon delivery/collection) will be as a Bailee for the entire Period of Hire.

4.6. Upon delivery/collection, the Hire Items must be inspected by you to determine whether the Hire Items delivered are complete in accordance with this Agreement and are in good order and working condition. You will on completion of the inspection be deemed to have satisfied yourself that the Hire Items are suitable, fit and merchantable and capable of meeting all the requirements of the Hire Items.

4.7. Any shortages or malfunctioning of the Hire Items must be notified by you to us, in writing, immediately following your discovery.

4.8. During the Period of Hire, and for any period of time you are in possession of the Hire Items, you are a bailee of the Hire Items. In addition to all duties imposed at law upon bailees, it is an essential term of this Agreement that you will:

4.8.1. At all times exercise all reasonable care and diligence in the use of the Hire Items in accordance with Manufacturer’s or Owner’s specifications;

4.8.2. Where you have responsibility to return the Hire Items, you must return them in a clean state and in good order and working condition to us at the site on or prior to the expiration of the Period of Hire;

4.8.3. Where we are to collect the Hire Items at the expiration of the Period of Hire, you must make them available for collection in a clean state and in good order and working condition at the Site on the Collection Date;

4.8.4. Not tamper or in any way interfere with, or repair or attempt to repair the Hire Items and in respect to linen, ensure that they are not burned or damaged by wax and that they are clean with all food and flower products removed prior to return;

4.8.5. Not, without our written consent provided prior to the Delivery/Collection Date, adhere anything to any Hire Item including but not limited to: vinyl, glue, tape, staples, stickers. If prior written consent is provided, you must return the Hire Items to the condition they were in when delivered/collected;

4.8.6. Be responsible for all accidental damage to the Hire Items, save and except where, in our reasonable opinion, such damage is caused by us;

4.8.7. Be responsible for all loss or damage to the Hire Items including damage or loss to packaging or any other damage, except for damage which has been caused by reasonable wear and tear;

4.8.8. At no time during the Period of Hire part with possession of the Hire Items or in any way deal with them in a manner inconsistent with our rights as owner;

4.8.9. Ensure that the Hire Items are secure at all times and where being stored in unlocked premises, supply such security measures to ensure that the Hire Items are secure at all times;

4.8.10. Keep the Hire Items safe at all times during the Period of Hire;

4.8.11. Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Hire Items and/or our ownership of the Hire Items; and

4.8.12. Not permit any person to improperly use the Hire Items.

4.9. In the event that the Hire Items or any part of them are lost, stolen or damaged during the Period of Hire in circumstances where you bear responsibility under this Agreement, you will be liable to us and will indemnify us for the cost and expenses of the replacement of such lost or stolen Hire Items and/or for the replacement of Hire Items which, in our sole determination, are damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged Hire Items. For the avoidance of doubt, candle wax on any Hire Items constitutes damage.

4.10. In the event that you fail or refuse for any reason whatsoever to return or make available for collection the Hire Items to us at the expiration of the Period of Hire, then you will be in breach of an essential term of this Agreement and without prejudice to any other rights which we may have, either pursuant to this Agreement or at law, you will be liable to pay us on a Day-Rate basis for the hiring of the Hire Items for such further period or as otherwise notified by us.

4.11. For the purposes of clause 4.10 above, such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Hire Items are returned to us in good working order and condition or the date when we receive from you the full monetary compensation for the loss or damage to the Hire Items. The loss or damage to the Hire Items will be the replacement cost of the Hire Items at that time or, where the Hire Items cannot be replaced, the cost of new substitute Hire Items that can substantially be used for the same purpose as the lost damaged or destroyed Hire Items. In addition, you fully indemnify us for any other liability, loss or cost that we might sustain as a consequence of us being unable to meet any other contractual obligation to supply those Hire Items (or any other item thereof).

4.12. You acknowledge that you will be hiring items that will be used by other clients prior to your event date. Where an item is hired prior, and the item becomes damaged or lost, and cannot be repaired to the standard satisfactory to you before your event date, we cannot be held liable or responsible for our inability to provide that item. We will notify you as soon as possible and offer an alternative, if possible. In the absence of an alternative item being offered, we will give you a refund of the amount paid for the hire item. We must be allowed suitable time to rectify any issues with an item before issuing of a refund.

5. DAMAGE TO HIRE ITEMS

5.1. You are responsible for the care and safekeeping of all Hire Items from the time of delivery or pick up until they are returned to us.

5.2. You nor any other third party are not permitted to make any alterations, or attach anything to the Hire Items without prior written consent.

5.3. You accept liability for any damage or loss of Hire Items during the rental period, including damage caused by guests or event attendees.

5.4. Any damage to Hire Items must be reported to us immediately upon discovery or as soon as reasonably practicable.

5.5. In the event of damage or loss to Hire Items, we reserves the right to:

5.5.1. Repair the Hire Items to a satisfactory condition at the your expense.

5.5.2. Replace the Hire Items with items of similar or equivalent value, with the cost to be deducted from the security bond.

5.6. Any disputes regarding damage or deductions from the security bond will be resolved in accordance with the terms agreed upon in the hire agreement and these terms and conditions.

5.7. You are to indemnify us against any claims, liabilities, costs, or expenses arising from the use or misuse of Hire Items during the rental period.

6. DELIVERY

6.1. The Price for delivery and collection is determined on the kilometers from our Site in Dianella, specifically:

6.1.1. up to 15 kilometers from our site - $50

6.1.2. 16 kilometers to 20 kilometers from our site - $60

6.1.3. 21 kilometers to 25 kilometers from our site - $70

6.1.4. 26 kilometers to 30 kilometers from our site - $80

6.1.5. 31 kilometers to 35 kilometers from our site - $90

6.1.6. 36 kilometers to 40 kilometers from our site - $100

6.1.7. 40 kilometers to 45 kilometers from our site - $110

6.2. Any delays or difficulties in delivery or collection of the Hire Items will result in the Price being amended and an additional invoice immediately issued to you for payment within three (3) days of the date of the invoice or processed on the credit card you have provided, for all additional costs.

6.3. You must:

6.3.1. provide us with an accurate description of the delivery site or provide a floor plan of the Site seven (7) days prior to the Delivery Date. You agree and acknowledge that we will not be held liable for any Hire Items that are delivered to, or left at, the wrong location;

6.3.2. ensure that the Hire Items are kept in a safe environment and only used for the intended hire purpose. Hire Items are not to be used for Event set up or dismantling any equipment;

6.3.3. ensure that when it is time for us to collect the Hire Items from the Site, they are all located in one place for ease of collection. Where this does not occur, further charges will apply.

6.4. You agree and acknowledge that if the Site is not as outlined by you, we may charge additional fees which will be immediately invoiced to you and payment will be required within three (3) business days of the date of the new invoice or processed on the credit card you have provided.

7. CANCELLATION AND POSTPONEMENTS

7.1. You may cancel this Agreement at any time, by notifying us in writing and by doing so, you forfeit the non-refundable Booking Fee.

7.2. Where you wish to cancel and not postpone your booking, the following applies: Notice Given Cancellation Schedule More than 14 days prior to Delivery/Collection date Booking Fee may be forfeited Less than 14 days, but more than 48 hours prior to Delivery/Collection date Booking Fee and 30% of Price is forfeited/due. Less than 48 hours prior to the Delivery/Collection date 100% of total Price is forfeited.

7.3. We will use our best endeavours to meet your requests for a postponement of date however it must be a date that is mutually agreeable.

7.4. Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion and the new date must be within twelve (12) months of the original Booking Date. If a date is required beyond this, further fees may apply.

7.5. Refunds will not be given in the event that inclement weather impacts your event. Where you wish to cancel or postpone your Delivery/Collection due to weather, these will be treated in accordance with our cancellation and postponement policies above.

7.6. We may terminate the Agreement where you are in breach of the Terms, including but not limited to the non-payment of the Invoice(s). Where we terminate the Agreement for a breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.

7.7. We may withdraw our Goods and Services in some circumstances. Such circumstances include but are not limited to

7.7.1. discovery of new information;

7.7.2. changes to agreed circumstances, or

7.7.3. other factors which tend to circumvent our policies, including non-cooperation, collection no-show, changes in locations, facilities or available times, and late payments.

7.8. You agree and acknowledge that if we terminate the Agreement or withdraw our Goods and Services, you are not entitled to any compensation or refund.

8. FORCE MAJEURE

8.1. We will not be liable or responsible for any failure to perform, or the delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by vendors (known as ‘force majeure circumstances’).

8.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement has become impossible, we will contact you as soon as reasonably possible to notify you. The provision of the Hire Items will be suspended and the time for performance of our obligations under the Agreement will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of our control occurs, but the circumstances still make the booking possible (notwithstanding any inconvenience or hardship).

8.3. If you cancel the Hire Items or wish to vary the Agreement because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and we are only obliged to use our reasonable endeavours to provide an alternative date.

8.4. In genuine force majeure circumstances, we will endeavour to arrange a new time and date for the provision of the Hire Items after the event outside of our control is over. Parties must use all reasonable endeavours to mutually agree on a new date, but if the parties are unable to agree on an alternative date, we will treat the Agreement as being terminated by you at will and all monies paid to date, including the Booking Fee, will be forfeited. In force majeure circumstances, where an alternative date can be mutually agreed, we will credit, where possible, any amount paid already for that new date.

8.5. If you choose to have your Hire Items allocated again and an event beyond our control is reasonably foreseeable, then the Agreement is varied at your own risk and we will not be liable for any loss suffered as a result of the failure of your second allocation not being required. We are under no obligation to provide a further date as a result of any cancellation or postponement.

9. DEFAULT EVENTS

9.1. You will be in default if:

9.1.1. You breach any of your obligations under this Agreement and fail to remedy such breach within seven (7) days of being requested by us to do so;

9.1.2. You breach any essential term of this Agreement;

9.1.3. Where you are a corporation that is insolvent, is wound-up or goes into Liquidation or has an Administrator appointed to you or has a Receiver appointed over any of your assets;

9.1.4. Where you are a natural person, you become insolvent or make an assignment for the benefit of your creditors or commit an act of bankruptcy under the Bankruptcy Act 1966 (Cth) or are declared.

9.2. On the happening of a default event we may, without prejudice to any of our other rights either under this Agreement or at law and without previous notice to you, enter any Site where we believe the Hire Items to be located and re-possess them and you hereby agree not to make any claim or bring any action against us as a result of the re-possession of the Hire Items.

9.3. You agree to indemnify us and keep us indemnified against any loss or liability expense or cost which might be incurred by us in entering upon the Site and taking possession of the Hire Items or any item thereof. Such indemnity covers any liability to any third party for trespass or for damage to the Site occasioned through the entry upon the Site, the re-possession of the Hire Items or their removal from the area.

10. WARRANTIES

10.1. We warrant to you that the Hire Items will be provided using reasonable care and skill, however, subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be excluded by agreement, or any express provision in this Agreement, we give no warranties regarding any Hire Items supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, we limit our liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.

10.2. Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, our liability for any breach of any implied or imposed condition, warranty or right in connection with the Hire Items is limited to one or more of the following (at the election of us):

10.2.1. The supply to you of substituted equivalent Hire Items; or

10.2.2. The payment of the costs of supplying to you substituted equivalent Hire Items; or

10.2.3. The repayment to you of the goods.

11. LIMITATION OF LIABILITY

11.1. Our liability is limited as follows:

11.1.1. We are not liable to you for any loss or damage which you might sustain as a consequence of you ordering the wrong Hire Items or insufficient quantities of the Hire Items or where the Hire Items are hired for a purpose which is outside of the Hire Items’ function.

11.1.2. We have no liability to you for any damage or loss which you might sustain where the cause of that damage or loss is the negligence of you or any of your agents or guests.

11.1.3. It is your responsibility to ensure that venue at which you intend to store and/or use the Hire Items is safe and you indemnify us against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of you to ensure that the venue at which you intend to store and/or use the Hire Items is safe.

12. GST

If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.

13. NO SALE AND ACKNOWLEDGEMENT OF OWNERSHIP

13.1. This is a hiring agreement only and does not constitute or give rise to any sale of the Hire Items to you, any hire purchase agreement or arrangement with you or any leasing agreement that contains an option to purchase the Hire Items. The relationship between us and you is limited to a relationship of owner and bailee in respect of the Hire Items.

13.2. You acknowledge that we are the sole exclusive owner of the Hire Items.

13.3. Nothing in this Agreement confers any right or option on you to purchase the Hire Items or any part of them.

14. MEDIA

14.1. By hiring equipment from us, you agree to grant us the irrevocable right and permission to use, publish, and reproduce any photographs, videos, or other media provided by you or third parties, or in which @littlethingspartyco_ is tagged on social media platforms or otherwise, for promotional and marketing purposes. This includes but is not limited to the use on our website, social media accounts, and promotional materials.

14.2. You acknowledge that any media provided to us or tagged with @thelittlethingspartyco_ on social media may be used by us without further compensation or notice. We reserve the right to edit, modify, or alter such media as deemed necessary for marketing and promotional purposes.

14.3. You warrant that you have the legal right and authority to grant the rights set forth in this agreement with respect to any media they provide or in which @thelittlethingspartyco_ is tagged. The customer agrees to indemnify and hold us harmless from any claims or demands arising out of the use of such media as authorised herein.

14.4. Customers who wish to opt-out of having their media used by us for promotional purposes must notify us in writing prior to or at the time of booking. We will make reasonable efforts to respect such requests, provided they are made in accordance with the terms of this agreement.

14.5. You understand that once media has been posted on our social media accounts or website, it may be difficult to remove entirely from the internet. While we] will make reasonable efforts to honor requests to remove specific media, the customer acknowledges and agrees that we may not be able to remove all instances of the media once it has been shared.

15. PRIVACY

By engaging us to provide the Hire Items, you acknowledge that you have read our Privacy Policy, which can be found on our website.

16. JURISDICTION

This Agreement and any dispute relating to the same are governed exclusively by the laws of Western Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Western Australia.

17. SEVERABILITY AND WAIVER

17.1. If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Agreement in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Agreement.

17.2. Our failure to exercise or enforce any one or more of our rights under this Agreement will not constitute a waiver of such rights unless such waiver is granted to you in writing.

18. AMENDMENTS AND VARIATIONS

We reserve the right to revise and update this Agreement by making any changes immediately without notifying you, except by providing you with the amended terms. We may revise these terms from time to time. The revised terms will take effect when we have provided them to you and your continued usage of our Hire Items after any changes to these terms will mean you accept those changes.

19. EXECUTION BY PARTIES

This Agreement must be executed by each authorised person named (unless the parties are an incorporated entity). In instances where it is accepted by one authorised person, that authorised person acknowledges and warrants that they have the authorisation to execute accept the Agreement on behalf of the other authorised person. In doing so, they also warrant that the other person has read and understood this Agreement prior to providing permission to accept. Last

Updated 31 July 2024.