SYDNEY PROPS PTY LTD

TERMS AND CONDITIONS

These terms and conditions (TERMS) are important and you (YOU or THE CUSTOMER) need to read them in full. These terms apply to your access to and all hires by you from us, unless we have agreed otherwise in writing. These terms and our website terms and conditions apply to your access to, and use of, our website www.sydneyprops.com.au (SITE). By accessing and using the site, including placing orders of equipment through the site, you agree that you will be subject to and will comply with these terms.

The site includes an online system through which you may hire equipment from us. This site is operated by Sydney Props Pty Ltd (ABN: 52 095 914 551) (We, Us, Our or The Company).

If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the site.

We may change these terms at any time, and any such changes are effective when we post the updated terms on the site. However, any changes will not apply to an order we have accepted prior to the change. You are taken to have agreed to any such changes by accessing and using the site after the date of any such changes.

1. REGISTRATION OF CUSTOMER ACCOUNTS

You:

1. must complete the registration process to obtain a Customer account through the Site before you may place an Order for Equipment through the Site;
2. can only have one active account, and your account is non-transferable;
3. are solely responsible for all use of your Customer account, whether authorised by you or otherwise;
4. must ensure that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities; and
5. must ensure that your login identification and password that are used to access the Site, and the details of your account, are kept in a safe and secure manner.

You must promptly update your account details through the Site if there are changes to the information provided to us as part of the Customer registration process.

We may, without liability, immediately suspend or terminate your account, with or without notice, if we reasonably believe that you may or are likely to breach any of these Terms.

2. GENERAL OBLIGATIONS

You:

1. must immediately notify us if you become aware that there is or has been any security breach or other unauthorised use of your account;
2. are responsible for all costs associated with your access to or use of the Site;
3. must provide us with true, accurate, complete and correct information;
4. must ensure that any person receiving the Equipment on your behalf is authorised by you to do so;
5. must comply with all laws in relation to these Terms and your use of the Site; and
6. agree that we may charge you for all Equipment that we agree to hire to you.
7. USAGE RESTRICTIONS

You must not:

1. use the Site for any fraudulent, unlawful or illegal activities, and must not post or transmit any comment or material that defames, harasses, threatens, menaces or offends any person;
2. infringe a third party’s rights in your use of the Site;
3. tamper with or hinder the operation of the Site or otherwise interfere with other users or our other customers or do anything that prevents any other person from using or enjoying the Site;
4. impersonate another person or use another person’s details without their permission;
5. knowingly transmit any viruses, worms, defects, trojan horses or similar harmful code;
6. use any automated tool or mechanism to frame, retrieve or index any portion of the Site;
7. modify, adapt or reverse engineer any part of the Site;
8. remove any copyright, trade mark or other proprietary mark on the Site;
9. use the Site in breach of these Terms; and
10. whether directly or indirectly, attempt any of the above acts or engage or permit another person to do any of the above acts.

We may cease making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Equipment that have been ordered are no longer available or we are prevented from supplying the Equipment, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

Where the Company agrees by special arrangement to deliver Equipment to a person (whether or not an officer, servant or agent of the Customer and whosoever identified), nominated by the Customer, that person shall be deemed to be the authorized agent of the Customer for all purposes of this Contract and be bound by these terms and conditions.

The Customer acknowledges that repairs of damaged Equipment will not be undertaken without our prior written authority.

4. QUOTATION

Unless otherwise stated in writing, the Company’s Quotation will be valid for a period of up to thirty (30) days from the date of issue. Upon acceptance of the Quotation, the Company will make available, and the Customer will hire, the Equipment set out in the Quotation and the Invoice (such accepted Quotation, the “Order”). Each Quotation and Invoice is not a separate contract but forms part of this Agreement between the Customer and the Company.

The amount quoted is for one use of the Equipment only for the Hire Period. The Customer agrees that all charges for hire loss, hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be borne by the Customer.

5. DEPOSIT & PAYMENT TERMS

Under $5,000.00 (five thousand dollars)

The Customer must pay a 100% of the contract sum specified in the Quotation immediately upon confirmation of the Quotation for all orders under $5,000.00 (five thousand dollars), to authorise the Company to proceed with the Order.

Over $5,000.00 (five thousand dollars)

The Customer must pay a 50% deposit of the contract sum specified in the Quotation immediately upon confirmation of the Quotation for all orders over $5,000.00 (five thousand dollars), to authorise the Company to proceed with the Order. The final contract balance is due and payable 14 calendar days prior to delivery of the booking

If the Customer is enquiring and booking on behalf of another person, they accept full liability on behalf of the third party and all associated charges. In such circumstances, the Customer will be responsible for all payments and additional damages incurred by the third party.

The Company shall have the right, in its sole discretion, to cancel a booking if the full payment has not been received by the Company within seven (7) days of when payment was due (unless otherwise agreed in writing). In addition to the forfeiture of the Deposit, a handling fee of a minimum of $150 will be charged if the booking is cancelled by the Company as a result of any late payments.

It is the Customer’s responsibility to ensure that all details and items on the invoice are correct, including all subsequent invoices issued (if changes are made). Unless the Customer notifies the Company before collection or delivery of the items that it disagrees with anything in the

Quotation and/or that the invoice is incorrect, the terms of the Quotation and/or invoice are accepted by the Customer.

Payments may be made by credit card, with surcharges applying as set out on our website, which we may amended from time to time without notice. As at the date of these terms, Visa and MasterCard payments incur a 2% surcharge and AMEX payments incur a 2% surcharge.

6. SECURITY BOND

You must provide your credit card details at the time of booking to hire any Equipment. You must pay the Company’s hire charge and any other charges, including charges for loss, damage and repairs caused by the Customer’s breach of this Agreement or any tax, GST, duty, levy, or other expenses paid or payable by the Company.

The Company has the right to request and pre-authorise a valid credit card number in the event of loss and/or damages to the Equipment caused by the Customer’s breach of this Agreement and/or labour required to carry out the delivery or pick up (where the delivery/pick up location and/or details do not correspond with that stated in the Quotation/invoice). The Company reserves the right to pre-authorise the card provided and release the funds after the event or charge the card in the event of loss, damages and additional costs associated with the booking. This amount will be released in full within 14 days following the event, providing the items are returned in their original condition, and no additional charges apply.

VALUE OF BOOKING $0 TO $499 – PRE-AUTHORISATION AMOUNT OF $200

VALUE OF BOOKING $500 TO $999 – PRE-AUTHORISATION AMOUNT OF $300

VALUE OF BOOKING $1,000 TO $1,999 – PRE-AUTHORISATION AMOUNT OF $400

VALUE OF BOOKING $2,000 TO $2,999 – PRE-AUTHORISATION AMOUNT OF $500

VALUE OF BOOKING $3,000 TO $4,999 – PRE-AUTHORISATION AMOUNT OF $600

VALUE OF BOOKING $5,000 TO $9,999 – PRE-AUTHORISATION AMOUNT OF $800

VALUE OF BOOKING OVER $10,000 – PRE-AUTHORISATION AMOUNT OF $1,000

If the additional charges exceed the pre-authorised amount, the Company reserves the right to charge the balance owing on the credit card provided.

The Company has the right to cancel a booking if a security bond is not received within the lesser of the date that is 14 days from the date of your hire request and 24 hours before delivery or pick-up of the relevant Equipment.

7. CANCELLATION OF ORDERS

Cancellations that are made more than fourteen (14) days from delivery, or if we have notified you that the relevant Equipment is not available for the period you have requested, will receive a refund of any pre-payments by the Customer, excluding the Deposit.

In all other circumstances, we will charge a cancellation fee (excluding delivery and labour costs) equal to the full hire amount. If the booking is postponed on more than one occasion, a full cancellation fee will apply.

8. REMOVAL OF ITEMS FROM CONFIRMED QUOTE / INVOICE

You may request changes to the Equipment that you would like to hire from the Company, but if you reduce the number of Equipment that you have requested by more than 10% (whether by quantity or invoiced amount), then that change (the reduction) is taken to be a cancellation by you.

If we do not charge you a cancellation fee, then we may charge you an administration fee that is equal to the greater of $150 and 20% of the hire price of the Equipment that you have removed. The Company will notify you at the time of your request to adjust the booking whether an administration fee will be charged, and the amount to be charged. The Customer may decline to adjust the booking upon notice of an administration fee, in which case no further cost will be incurred.

9. FINAL NUMBERS

In order to provide you with the best service & availability of Equipment, final guest numbers must be communicated to the Company no later than fourteen (14) days (excluding public holidays) prior to the Customer’s event in required by the Company.

Where Equipment has been quoted and/or invoiced on a per-head basis, these final guest numbers will form the basis for calculation of such charges. Any increases to the number of guests/Equipment required thereafter may only be made by mutual agreement.

An administration fee may apply in the same way as specified in clause 8 above.

10. USE OF EQUIPMENT

All Equipment supplied on hire is the property of the Company and remains so at all times. Until the Equipment is returned to the Company, the Customer will be responsible for all loss or damage to the Equipment until it is returned to the Company, and shall maintain the Equipment in good condition, reasonable wear and tear excepted. The Customer must return the Equipment in good working order to the Company. You are responsible for satisfying yourself that the Equipment is suitable for its and your purposes. The Company reserves the right to assess the Site upon delivery and judge whether item(s) should be left at the location to avoid any loss or damages.

11. ADDITIONAL EQUIPMENT

If after commencement of hire from the Company any specification changes are requested, the amendments shall be made the subject of a supplemental Quotation and the cost of such changes shall be borne by the Customer.

12. HIRE PERIOD

The hire is for seven (7) days from the time of delivery as set out in the Order, unless agreed upon mutually in writing by both parties. In the event that the Customer fails to return the Equipment or if the Company’s employees are unable to access the Equipment for pick up, the Customer will incur a daily charge for the Equipment, at a daily rate of [10]% per annum of the invoice quantum from the day after the agreed Hire Period. Any additional charges incurred may be charged to a credit card upon 7 days after the Customer is notified of the additional charges.

If the Customer fails to return the Equipment, the Company may repossess the Equipment (and is authorised to enter any premises were the Equipment is located to do so), and the Customer agrees to reimburse the Company for all reasonable damages, costs or loss, the extent caused or contribute to by the Customer resulting from any breach by the Customer of this clause 12.

13. EXTENDED HIRE

The Customer must return all Equipment at the end of the Hire Period. The Customer shall give appropriate notice in writing to the Company if any extension or termination of the hire is requested. No refunds will be issued for the early return of Equipment on extended hire.

14. DELIVERY, COLLECTION AND LABOUR FEES

The Company makes no representation that Equipment will be available to meet every Order upon the Customer receiving a quote. Availability of Equipment to meet each Order is subject to the timing of that Order. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Additional fees may apply in the event of a delayed or cancelled delivery due to unforeseen circumstances of natural causes. Unless otherwise stated the Company will not accept cancellation of an Order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Where it has been agreed between the Company and the Customer that Equipment is to be delivered to an address specified by the Customer the same shall be available to be picked up at the specified date arranged at that address on the last day of the Hire Period. Where the Customer has taken delivery at the premises of the Company all Equipment hired shall be returned to those premises by the time arranged on the last day of the Hire Period. In the event that the Equipment is not available to be picked up by the arranged time on the last day of hire or has not been returned to the premises of the Company by close of business on the last day of hire, then the Company must be notified immediately.

The delivery and collection fee are quoted at the time of booking, taking into account the number of items, labour and on road costs at the agreed time slot. If the number of items change, or the nature of the delivery changes, the Company has the right to review the delivery and labour fee. Additional fees apply for after-hours deliveries and pickups which are from 6pm – 8am, Monday to Saturday and all day Sundays and on public holidays. The cost of labour in the initial quote is deemed variable and may be subject to change. This includes but is not limited to; additional time and resources on site due to difficulty, safety and/or access or any other reasons beyond the Company’s control, or not advised by the Customer at the time of quoting or booking.

Delivery of all Equipment is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the Equipment is more than 10 metres away from where our vehicle can park. Extra charges also apply for stairs, steep descents and going up levels in buildings. The Customer is responsible for advising via email if the delivery has any of these conditions. Failure to do so will result in extra charges.

Upon delivery, collection or return of the Equipment by the Company, the Customer must check the Equipment and quantities delivered (or returned). If there are any discrepancies between the Equipment delivered and the quoted Order or return docket, the Customer must note them at the time of delivery, collection or return by amending the relevant documents in the presence of a Company representative.

The Customer is required to ensure all Equipment is packed as it was supplied and is safe for transit, in the original boxes, crates, bags, road cases and are placed in one central area, ready for collection. In the event the Equipment is not ready for collection, and additional time is required on site, additional fees will apply.

The Customer must ensure the Company has full access to its premises and the premises remains a safe working environment when the Company delivers Equipment to or collects Equipment from the Customer’s address. If the premises are subject to access restrictions the Customer will be liable for reasonable associated costs incurred by the Company for:

1. inductions on Site or time taken to complete induction and/or health and safety checks; and
2. Site access issues including but not limited to:
   1. the Company being unable to use working lifts;
   2. delay on Site that exceeds 1 hour, or the Company being unable to complete the installation / collection and having to re-enter the premises on another day to complete the installation and collection (such date to be advised by the Company), or any other reasons that are beyond the Company’s control; and

• parking fines due to not being able to park vehicles at a loading bay.

If the Company arrives at the premises but was unable to complete the installation or collection due to reasons beyond the Company’s control, the Customer shall pay the Company reasonable costs to re-enter the premises on another day for installation. A reasonable re-delivery/re-collection fee may be charged if the Customer fails to comply with any of the provisions under this clause.

15. DRY HIRE

Pickup is available from the Company’s warehouse in Marrickville, NSW – Monday – Friday between 9am-5pm, at the agreed date at the time of booking. It is the responsibility of the Customer to organise appropriate labour to load the Equipment. In the event that the Company is required to load the Equipment, additional fees will apply. Please note all Equipment must be transported in a closed vehicle (i.e., truck or van) with all necessary blankets, straps and ties. Utes and/or trailers will not be accepted. A minimum handling fee starting from $40 + GST is applicable for all dry hire Orders and is determined in the Company’s sole discretion based on the number and nature of the items.

All Equipment hired must be returned to the Company on the return date as stated on the invoice. In the event that the Equipment is not returned to the Company by the close of business on the last day of hire, an additional hire fee may apply in the same way as specified in clause 12 above.

16. SITE APPROVAL

The Customer shall be solely responsible for giving any local or other authorities any necessary notice of their intention to erect the Equipment or to have Equipment erected and shall pay all fees in connection therewith.

The Customer shall be solely responsible for ensuring that the site is cleared and ready for the erection of the Equipment and furniture and that the foundations upon which the Equipment is to be erected are sufficiently firm and otherwise suitable to safely carry the Equipment and the load to be put on it without subsidence.

In the event that the Company incurs or suffers any loss, costs or damages as a consequence of the Customer’s failure to carry out its obligations under these terms, the Customer shall be solely responsible and shall indemnify the Company for any such loss, costs or damages.

17. MISUSE OF EQUIPMENT

The Company shall not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof. The Customer accepts full responsibility for the Equipment once they take possession of the Equipment. The Customer is liable for the replacement cost of any Equipment that is stolen, missing, vandalised or broken. The Customer is liable for any damages caused to the Equipment.

The Customer acknowledges that they have received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.

18. SECURITY

The Customer is responsible for the security of the Equipment until such time as it is returned to or collected by the Company. In the event that the Equipment is stolen from the job site, the Customer shall notify the Company in writing stating the full circumstances of the theft and the time the police were notified. Until the Company receives such notification, the hiring charges will continue. The Customer shall also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment (as determined by the Company in its sole discretion) and must pay that cost to the Company on demand.

The Customer must ensure that there is provided lighting, water proofing, safe power supply, public protection, covering of power lines and such facilities as might be considered necessary for the requirement of authorities or in the interests of safety.

19. EQUIPMENT CARE

The Customer is responsible for taking care when handling Equipment and is also responsible for informing third parties about the Company’s terms and conditions of hire.

The Company’s Equipment is clean and ready to use. The Customer is responsible for cleaning food scraps off crockery and cutlery and to pack into the same packaging when the Customer first took possession. If dinnerware it returned without being rinsed, an additional cleaning fee will apply. If boxes or packaging are returned damaged, a replacement fee will apply. Furniture is for indoor use only, unless previously authorised in writing by the Company.

All table linen can be returned dirty. The linen is not permitted to be returned wet due to potential for mold to grow. Any permanent stains, wax, mold, rips or burn marks will result in a replacement fee being charged and the client will be notified within seven (7) days from when the items are returned to the warehouse. The Company does not permit the use of open candles on tablecloths. All candles must have a drip tray and be contained in a closed vessel to ensure wax does not drip directly onto the tablecloths and table runners, otherwise a full replacement fee will apply.

The Customer is responsible for notifying the Company in the event of loss or damages. The Company reserves the right to pre-authorise a credit card, and charge for any additional cleaning, repairs or replacement as deemed necessary by the Company upon seven (7) days’ notification to the Customer of these charges.

20. LOSS AND DAMAGES

The Company must be notified immediately of any Equipment lost or damaged during the Hire Period. The Customer indemnifies the Company in respect of all such loss. The Customer must pay on demand to the Company the following amounts:

1. If the Equipment is lost, the Customer must pay to the Company the current replacement cost of the Equipment (as determined in the Company’s sole discretion);
2. If the Equipment is damaged, the Customer must pay for all repairs on a full indemnity basis;
3. If no notice is given to the Company of a lost item, it shall be deemed as extended hire until such item is returned, and hire fees with continue until notice is given or the Equipment is found.

The Customer agrees to pay full replacement costs (as determined in the Company’s sole discretion) for any Equipment lost or considered by the Company as being irreparably damaged. Such payment shall be made by the Customer within seven (7) days of the Company notifying the Customer of such loss or damage.. In the event payment is not made within the seven (7) day period the Company has the right to charge the account details provided.

21. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS

Subject to clause 22 and to the maximum extent permitted by law, the Company shall not in any event be liable for contingent, consequential, indirect, special, and 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. You are solely responsible for all use of the Equipment, whether authorised by you or otherwise while the Equipment is in your possession or control. To the maximum extent permitted by law, we exclude all liability for your use of the Equipment.

Subject to the above paragraphs and clause 22 below, we limit our liability for all claims, losses and damages in the aggregate arising out of or in connection with this Agreement whether in contract, tort (including negligence), law or otherwise, to the amount that is equal to 50% of the fees paid to us for the relevant Equipment.

22. AUSTRALIAN CONSUMER LAW

Where the Australian Consumer Law applies, the Customer has the benefit of the guarantees in relation to the hire of the Equipment which cannot be excluded.

Where the Australian Consumer Law applies and the Equipment is not of a kind ordinarily acquired for personal domestic or household use or consumption, the Company’s liability in respect of any guarantee is limited to the replacement or repair of the Equipment, or the cost of having the Equipment repaired or replaced, to the extent not such damage or loss is not caused by the Customer’s acts.

To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, the Company makes no representations and gives no warranties other than those set out in this Agreement, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

23. FORCE MAJEURE

The Company is not liable for the performance, non-performance or otherwise of this Agreement to the extent such performance, non-performance or otherwise was caused or contributed by an event beyond the Company’s reasonable control.

24. DAMAGE WAIVER

A compulsory damage waiver fee of 10% is applied at the time of booking and will be reflected in the Customer’s quote. The damage waiver covers reasonable wear and tear of the equipment.

This waiver does not apply to any other damage to Equipment including:

1. damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment;
2. damage caused by the use or operation of Equipment in contravention of any of the conditions of the Agreement;
3. damage to, or loss of, the Equipment from any unknown cause; and
4. damage resulting from the Customer’s improper packaging and transportation of Equipment.
5. SAFETY

The Company adheres to the law of the relevant work health and safety Acts of New South Wales. The Customer is to ensure adequate safety measures are adopted when necessary. The Customer will make any inspections to ensure that there are no breaches of safety requirements at the Site whether imposed by authority or otherwise; and that all works are performed according to relevant safety codes, standards and manufacturer’s specifications; and that there are no alterations or modifications to any Equipment made by any person other than an employee of the Company.

26. GOODS & SERVICES TAX (GST)

The parties agree that:

1. despite the definition of consideration in the GST law, and unless otherwise expressly stated in this Agreement, the Fees payable or consideration in accordance with this Agreement are exclusive of GST;
2. if a party makes a taxable supply under or in connection with this Agreement, the other party must pay to the supplier at the same time, and in addition to the GST-exclusive consideration, an amount equal to the GST payable on that supply;
3. the supplier must, as a precondition to the payment of GST under paragraph (b), give the other party a tax invoice;
4. if an adjustment event arises in connection with a supply made under this Agreement, the supplier must give the other party an adjustment note in accordance with the GST law; and
5. if this Agreement requires one party to pay for, reimburse or contribute to any expense, loss or outgoing suffered or incurred by the other party, the amount required to be paid, reimbursed or contributed by the first party will be reduced by the amount of input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense.
6. GOVERNING LAWS AND VENUE

This Agreement is governed by, and will be constructed in accordance with, the laws of the state of New South Wales, the parties submit to the jurisdiction of the courts of that state for determination of any dispute claim or demand arising out of this Agreement.

28. PRIVACY

The Company will handle the Customer’s personal information in accordance with the Privacy Act 1988 (Cth). The Customer warrants that it has read and understood the privacy policy available at www.sydneyprops.com.au/privacy which provides information about how the Company will collect, use, disclosure and otherwise handle the Customer’s personal information.

If the Customer is providing the Company with the personal information of another individual, the Customer warrants that it has procured the necessary consents from and provided any appropriate Company privacy notices including the privacy policy to those relevant individuals.

29. MISCELLANEOUS

The Company reserves the right to take photos at event locations utilising the Company’s Equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognisable private property and persons. Photos may be used in publications or other media produced, used, or contracted by the Company.

30. INTERPRETATION

“Australian Consumer Law” means schedule 2 to the Competition and Consumer Act 2010 (Cth).

“Company” means Sydney Props Pty Ltd.

“Customer” means the person, firm, organisation, partnership, corporation or other entity (including a trust) or persons company to whom the tax invoice is addressed and shall include their legal representative, administrators, and successors and or permitted assignees.

“Deposit” means the Deposit referred to in clause 5 of this Agreement.

“Equipment” means the items hired by the Customer from the Company from time to time, as further specified in the Quotation and/or invoice.

“GST” has the meaning it has in the GST Act.

“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Quotation” means the Quotation issued by the Company to the Customer in accordance with clause 4 of this Agreement.