Terms and Conditions - Hire and Event Services

These are the terms and conditions subject to which Prismatic Group Pty Ltd and our associates (we) allow the hirer (you) to hire and use our equipment and/or provide you services. By signing this agreement, paying us any fees or taking possession of our equipment you agree to be bound and it will be deemed consent to these terms and conditions.

We own the equipment (this includes any items that we have available for hire, use, supply or we use as part of providing our services to you) and may hire it to you for the hire period, for a fee detailed in the quotation or schedule of fees (schedule of fees includes any prices listed on our website or printed schedule). You may not deal with the equipment in any way which is contrary to our ownership of it.
The quotation and any other communications from us are an invitation to hire or receive services. Neither of us is bound to this agreement as a contract until you offer to hire or use our services in compliance with these terms and conditions, pay the required deposit and/or bonds specified in the quotation and we accept your offer by confirming your booking following you completing all these actions. We are under no obligation to withhold from taking other bookings that may conflict with yours until we confirm your booking after you have agreed and paid the required fees.
This agreement, the quotation and our schedule of fees together contain the entire agreement between us and yourself and supersede all previous agreements and understandings between us. No verbal agreements or advice form part of this agreement unless covered in this agreement.
- In the event that the quotation and schedule of fees are contradictory for an item, the quotation will apply unless there is an obvious error.
- By consenting, you accept the terms set out in the agreement, quotation, and schedule.
- It is the responsibility of the hirer to ensure they receive a quotation and the schedule that apply to their hire or service.
- Any verbal training or instructions regarding the use of or care of equipment must be followed and compliance with these instructions forms part of this agreement. It is the responsibility of the hirer to ensure they have adequate knowledge, training, experience and instructions on the use and care of equipment prior to taking possession.

Equipment / Hire Items

Risk to the equipment passes immediately to you when the equipment leaves our possession and you are responsible for care of all items. You remain responsible until the equipment is safely returned to our possession.
- Leaving our possession is defined as when you or a representative physically come in contact with equipment at our facility, you interfere with the item during our set up at the site, we communicate that we have completed set up at the site or we leave the site.Returned possession is when we formally acknowledge that all equipment is returned to our facility or we commence pack up at your site.
- Interfering with our pack up will be deemed interfering with our possession and further acceptance on your part of risk in the equipment.
It is the responsibility of the hirer to confirm the condition of all equipment is undamaged prior to the hire period and that all equipment is present at the time of pick up, delivery or set up as detailed in the quotation.
- If there is a defect, incorrect or missing equipment we must be notified within an hour of you or your representative taking possession. Any notification must include specific details of the issue.
- If we are not notified within 1 hour of you gaining possession, this will be taken as agreement that the equipment provision requirements of this agreement have been met by us.
- We will not be liable for any loss you experience due to equipment being defective, incorrect or missing.
If you elect to pick up and/or drop off the equipment from our facility, no assistance will routinely be provided to load or unload the equipment, this includes no mechanical aides.
- This means that you must ensure that adequate labour and mechanical aides are present to complete pick up and return. An additional labour fee may be charged if we provide aid.
- The pick up and drop off vehicle must be suitable for the equipment being transported and ensure the safety of the vehicle occupants, equipment and the wider community. This means that the vehicle must have sufficient load rating for the weight of all items in the vehicle including the equipment, be sufficiently padded with adequate shock absorption for breakables and have adequate spaces and tie down points for restraining equipment e.g. a open or vented space for gas bottles or a barrier cage protecting the cab from the rear if equipment is to be stacked above seat height.
- We may refuse to provide the items due to safety concerns including inadequate transport, labour or mechanical aids. If we refuse to provide the hire equipment due to safety concerns, the full hire fee will be payable and we will not be liable for any loss you suffer.
- Regardless of our agreement or not to aid during pick up and drop off, you accept full financial and other liability for any resulting damage or injury to yourself, our team, any of our equipment, third parties or the property of third parties.
- If you do not arrive at our facility at the time specified for pick up or drop off, availability of a team member to provide access can not be guaranteed and an additional call our fee may be charged for our team to attend our facility to effect pick up or drop off. If pick up or drop off can not be completed due to your non-attendance, the full hire fee will be payable for the hirer period and we will not be liable for any loss you suffer.
All damage to or loss of equipment during the hire period will be the financial responsibility of the hirer, regardless of party at fault unless it can be proven the damage or loss was due to the actions of Prismatic Group Pty Ltd or our representative who was acting as our representative at the time of damage. Damage liability includes damage due to weather or other natural events.
- Damage means equipment being returned in less than a reasonable condition following the hirer period and allowing for the age and reasonable wear and tear on the item. Reasonable in these circumstances will be determined by us.
- Any damage discovered after a hire period will be deemed to have been the responsibility of the most recent hirer, up to three months post hire.
- Replacement, repair or cleaning will be at our discretion and costs will be passed on in full to the hirer. Costs include staff time and delivery in order to restore or replace equipment.
Any theft or damage by third parties must be reported to us and the police immediately. In the event this occurs, clause 7 applies.
Equipment must only be used at the site or sites (the site) specified in the quotation and may not be sub hired without our consent.
Equipment must only be used for its normal function as determined by us or set out in any instructions you are provided.
- If any equipment requires a qualified tradesperson or professional to install it on site including rigging, the hirer must ensure that this occurs. If the hirer elects to complete set up themselves, they must ensure the use of professionals and qualified tradespeople as required by law and to prevent damage to the hire items. If we arrange for the professional installation, the full cost of this service by a sub-contractor will be passed on to the hirer.
At no time are fabrics to be cleaned by the hirer without our written permission.
All equipment must be returned in a reasonably clean manner as determined by us.
- Blackboards must be free of all writing and dust.
- Equipment must not be covered in rice, confetti, glitter, wax, pen, marker or similar foreign objects that were not on the equipment prior to hire.
- If unsure of the state of cleanliness required for each piece of equipment or the method of cleaning, you must contact us for instructions.
- All damage during cleaning of equipment while in your possession will result in fees being passed on to you as specified in clause 7.
- If we determine that any equipment is excessively dirty or require specialist cleaning upon return to our possession, we will pass on the full cost to the hirer of returning the equipment to a reasonable condition. If the equipment can not be returned to a reasonable condition in our opinion, clause 7.2 will apply.

Event Services

If we agree to deliver and/or pick up the hire equipment to the site for your set up and/or pack up; complete set up and / or pack up for you; or are providing services to your site including operation of equipment, installation of equipment or management services; the hirer or an approved representative must be at the site to accept delivery or return custody of the equipment at the time of our arrival. No equipment will be left unattended.
- Delivery and / or pick up times are as set out in the quotation or by variation agreement. Any variation to delivery or pick up by the hirer within 5 business days of the agreed delivery or pick up time, may incur additional fees at our discretion. Delivery and pick up may occur within a 2-hour window of the time specified at our discretion and someone must be on site for that entire period. Set up will not commence if there is no one on site to accept delivery.
- If delivery or pack up can not be affected at our time of arrival due to no fault of us or our representatives, this will be deemed a delivery or pack up that can not be completed for the purposes of this clause. This includes but is not limited to the items not being accessible, use of the items not concluding at the scheduled time or increased hazards and associated risks in the environment that make it too dangerous to complete the works in our opinion.
- If delivery or pack up can not be completed during the first attempt within the delivery or pack up window, all additional costs for additional attempts will be the responsibility of the hirer, including if we are required to pay additional penalty rates to our team due to the additional or delayed delivery or pack up extending their work period for that day.
For all work completed outside of 9am to 5pm Monday to Friday, an additional fee may be charged as detailed in the schedule of fees.
If due to work health and safety requirements, extra provisions are required including overnight accommodation for our representatives or specialised PPE as part of fulfilling this agreement, the full cost of this will be passed on to the hirer.
If we deem that a site where we are providing any services is not safe to continue working in and after notifying you or your representative, the situation is not rectified, we will cease work until it is safe to continue. If the site is not made safe within adequate time for us to complete our obligations under this contract, the full hire fee will still apply. In addition, you will be required to pay for any loss we suffer due to the delay in work being completed.

Incomplete Hire or Services

If equipment fails during the hire period, we are to be notified immediately and we will endeavour to repair or replace the equipment. We will not be liable for any loss due to equipment failure. If the equipment failure is not proven to be a manufacturing fault, clause 7 will apply.
It is the responsibility of the hirer to have an adverse weather plan in place for any event that may be affected by weather or natural disasters. All equipment must remain protected from weather and any equipment or services that are not useable due to weather will still incur the full fee. Prismatic Group Pty Ltd makes no guarantees that they can accommodate substitutions of equipment or services due to weather that occurs or is predicted during the hire or service period.
If we are not able to provide hire items or services at the time specified in the quotation or variation, we will not be liable for loss incurred by the hirer.

Fees and Bonds

If equipment is returned after the hire period is concluded, the full daily hire fee will be payable for each day or part thereof until all items are returned in full. This includes if any pieces or parts of the equipment are missing. If the equipment is not returned within 2 full days of the end of the hire period or the late return impacts on another booking for the same item, the hirer will be liable for the full cost of replacement of the equipment including the labour costs for sourcing the replacement and delivery of the new equipment to our business premises.
If a bond is requested in the quotation in addition to the deposit, this will be held as security against damage, late return or other fees payable until all equipment is returned in a satisfactory condition and all other obligations are met by the hirer across all current and previous bookings.
- If we deem any damage to our equipment has occurred during your hire period, equipment is returned to us after the hire period and/or other fees are owed to us by you, you authorise us to use the bond to restore equipment as detailed in clause 7, cover late fees as detailed in clause 20 or cover other outstanding fees from any current or previous booking.
- This does not limit your liability and all restoration costs above the amount of bond held remain the responsibility of the hirer.
The deposit required for the agreement to take effect is considered partial payment in advance of the hire and/or service fee.
All bond, hire and service fees must be finalised 1 month prior to the hire period commencing. We reserve the right to cancel any booking when this does not occur and retain the full bond and deposit as compensation for costs incurred and the lost potential income caused by maintaining the booking up until that date. If costs and lost potential income exceed the total of the bond, deposit and other fees paid up until the date of cancellation, the hirer agrees to pay compensation in addition to the bond and deposit.
All initial consultation fees and site visits must be paid in advance or these services will not be provided. If any of these services are provided without prepayment in good faith that bookings or service fees will result from the consultation or site visit, we reserve the right to invoice for these services if no booking or payment is made.
All damage or services invoiced under clauses 6, 7, 10, 13, 15, 20 23, 24 and/or 28, must be paid within 5 days of invoice.
Late payments will accrue 30%pa interest calculated daily.

General Terms

Variations may be made to this agreement in writing with the consent of both parties.
- All costs for variations initiated by the hirer will be payable by the hirer. If a variation results in an increase to the agreed fees, this increase must be paid in full at the time of variation in order to give the variation effect.
The hire or service detailed in the quotation may be cancelled by the hirer at any time in writing.
- If the hirer cancels the hire and/or service, the deposit and bond will be retained to cover costs and loss of potential income, all costs incurred to date including consultation and contractor fees will be invoiced if they total more than the deposit and bond.
  - In addition, cancellation by the hirer between 3 months and 2 months prior to the hire period, 50% of the quoted fee will be payable by the hirer.
  - Cancellation by the hirer with 2 months and 1 month notice prior to the hire period, 75% of the quoted fee will be payable by the hirer.
  - Cancellation less than a month prior to the hire period will result in 100% of the hire fee being payable by the hirer.
This agreement may be terminated in writing by us at any time without liability for loss to the hirer or any third parties. If we terminate this agreement for reasons other than breech of these terms on your part, we will provide a full refund of any fees and bonds charged for hire or services not yet supplied, however will charge the full cost with no discount of any services supplied up until the date of termination.
This agreement will be terminated once all fees have been paid to us, the terms of this agreement have been fulfilled and all equipment returned to our warehouse in a reasonable condition in our opinion.
If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement.
Any disagreement is to be attempted to be resolved by mediation at the hirer’s expense prior to legal proceedings being commenced.
Failure to comply with this agreement by Prismatic Group Pty Ltd and our associates that is out of our reasonable control will not render us liable for loss to the hirer or third party.
All warranties, conditions and terms implied by statute or common law are excluded from this agreement as permitted by law to the fullest extent.
We make no warranties that equipment and services are fit for purpose.
We are not liable for any injury, death or other damage that arises from the use of our equipment or the actions of the hirer.
Electronic communication in the form of email is an accepted form of written communication for this agreement. Due to the high volume of email communications we receive, your communication to us will not be deemed to have happened without our acknowledgement in writing or proof of receipt.

I, for myself or the Hirer who has authorised me, confirm that I have read the hire agreement and consent to the terms. I note that no contract exists between the parties until Prismatic Group Pty Ltd confirm my booking.

Name of Hirer / Representative (and role if applicable):

____________________________________________________________________________________________

Hirer / Organisation (if applicable):

___________________________________________________________________________________________

Full address of Hirer:

___________________________________________________________________________________________

Email address of Hirer for communication regarding this agreement:

___________________________________________________________________________________________

Signature for Hirer: ________________________________________________ Date: ______________

Signed on behalf of Prismatic Group Pty Ltd: ____________________ Date: _______________