TERMS & CONDITIONS
The following represents the Terms and Conditions of business between Blossom Hoop and the Wedding Couple/ Event Contact/ Hirer. Upon paying the invoice to Blossom Hoop Events & Hire, you are agreeing to the costs, inclusions and conditions and will be legally bound by them.
Definitions: “Equipment” means the items hired out by the Owner to the Hirer. “Hirer” means any person who requests the Owner to hire Equipment, including its employees and agents. “Owner” means Blossom Hoop (ABN 8633 5094 306). ‘Terms’ means these terms and conditions.
Terms of Payments:
a- To secure the booking date for any item or to hire any item, the hirer agrees to place a 50% deposit with Blossom Hoop Events & Hire within 5 business days of receiving their invoice. None of the items or services can be held without a deposit. The remaining amount needs to be paid two weeks before the event date along with a refundable security deposit if required. If the final payment does not receive two weeks before the event date, your booking will expire, your items will be available to be booked by others and you will forfeit your initial deposit.
b- The Hirer agrees to pay the Owner’s hire charge and any other charges, including charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the Owner. If not otherwise specified by the Owner in writing all hiring charges including taxes and duties are to be paid prior to delivery/ pickup of the Equipment.
c- If items are returned late, an extended hire fee will apply. This will be charged at 20% of the original hire fee for each day the item is overdue.
Variation & Cancellation:
a- This agreement can only be modified in writing and all changes must be agreed upon and signed by all parties, or by the acknowledgement of email received by both parties.
b- All cancellations must be provided in writing; no verbal communications will be accepted to minimize misunderstandings.
c- For picnics, orders cancelled within 1 week of the event date will forfeit the total 100% amount to Blossom Hoop. Orders cancelled before 1 week and within 4 weeks of the event will forfeit the 50% amount of the total order which is a complete amount of deposit. Orders cancelled before 4 weeks of the event date will forfeit 20% of the total amount order and the remaining paid amount will be provided as credit notes valid up to 1 year of the event date.
In the case of custom signs and custom flower orders, all the payments are final, and we do not provide credits or refunds for these items once paid.
d- In case of hire only, the minimum amount of $100 is required as a refundable security bond other than the hire fee. The actual amount of the security bond will be calculated according to the items required.
e- Any removal of items from booking can only be made 4 weeks prior to the event unless approved by Blossom Hoop. Additions can be made at any time subject to availability.
f- Cancellations by Blossom Hoop due to death, illness, hospitalisation, or any other event beyond the control of Blossom Hoop will be refunded in full.
g- Orders cancelled, extended, or postponed due to the government restrictions of COVID-19 will be provided credit notes to use later within a year of the event date. However, this can be changed if the restrictions stay longer.
Photos
a- The hirer gives permission and shall allow Blossom Hoop to use any photograph of them, the wedding ceremony/reception/ or picnic setting for viewing on our website and related social media outlets for promotional purposes only.
Items Care
a- If there will be any marks of red wine, chewing gum, or any damages because of candle wax or cigarettes on low-lying tables, cushions or runners, it will incur a cleaning or damaging fee which will forfeit the bond payment.
b- None of our items should be left in wet weather as they are not waterproof. if any of the wooden items will return wet, a complete retail value will be charged. If any rugs, cushions or runners will return wet, they will incur a cleaning fee.
c- Cake/ dessert stands and low-lying tables will be cleaned with a wet cloth without any chemicals or alcohol.
d- Wet rugs will not be acceptable and a full value will be charged for every rug.
The Hirer’s Obligation
a- 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.
b- Upon collection of the equipment, the hirer will immediately examine the equipment to satisfy itself as to its condition and suitability and fitness for the purpose for which it requires the equipment. In accepting the equipment, the hirer acknowledges that it has duly examined the equipment and has satisfied itself as required. The hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of the owner in respect of the equipment, its purpose, suitability, or performance. Should the hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the hirer is liable for all extra costs of the owner’s employees and cartage.
c- The hirer will 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.
d- The hirer will assume the risk of and indemnify and hold the owner harmless from and against any and all property damage and personal injury resulting from:
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the use of the equipment.
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contact with underground cables, pipes, services, or other obstructions and
3. all necessary surface repairs.
e- The Hirer will use the equipment in a proper, safe, and prudent manner and only for the purpose and capacity for which it was designed.
f- The hirer will comply with any written instructions given to the hirer or accompanying the equipment.
g- The hirer will 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; and
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will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the equipment.
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Loss or Damage to Equipment
a- If the equipment is lost, breaks down or is damaged due to rain or wet, the hirer must immediately notify the owner of the details. The notification shall not absolve the hirer from its obligations under these terms.
b- If the equipment breaks down or becomes unsafe to use, the hirer shall immediately stop using the equipment and take all steps necessary to prevent the equipment from sustaining any further damage. The hirer must also take all steps necessary to prevent injuries from occurring to any person or property because of the condition of the equipment and must not repair or attempt to repair the equipment without the owner’s prior written consent.
c- The Hirer will pay replacement cost within 48 hours in case of damage or loss of item based on the current pricing and availability of the items in the market.
Release and Indemnity
a- The hirer hereby releases the owner from and agrees to indemnify the owner in respect of any third-party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the equipment by the hirer or the hirer’s breach of any of these terms.
Force Majeure
a- If the Owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) the Owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the Owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Owner shall not be liable for any loss or damage suffered by the Hirer because of any delays caused by such force majeure events.