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The information below is only a summary of some of our principal terms and conditions and does not supersede our full terms and conditions.

We are TLD PTY LTD, trading as TLD Event Creation, the below Terms & Conditions of Hire, together with the signed quotation and or estimate provided to You by TLD Event Creation setting out the details of the Equipment, Labour and Transport from TLD, together form the agreement between You and TLD for the Hire Term.

 

Definitions & Interpretations of Words in these Terms and Conditions

Commencement – The date & time when the customer takes possession of the equipment.

Contract – all aspects of the legally binding arrangement between TLD and You for hiring of Equipment or Services derived from estimates, orders, quotations, correspondence, verbal communication by You or another party representing You, together with these full terms and conditions and or any special conditions, terms and warrantees express or implied.

Day – means a period of 24 hours. 

Delivery -  means the delivery of equipment to you or your employees, servants, or agents, or collected by You, Your employees, servants or agents, of Equipment from TLD.

Equipment – means collectively, all items described in any order from You to TLD or in a quote from TLD to You (including all necessary components and accessories not specifically listed, and any software required to operate Equipment) and separately, each individual item so described that is owned, leased or provided for use at the Event by TLD

Event – means an Event or function at a Venue or place where Services are to be provided.

Hire Fee – means the fee (inclusive of GST) which You have agreed to pay TLD under the Contract for the hire of Equipment and/or the provision of Services.

Party -  means TLD and You and any other individual or entity which is also a party to a Contract between TLD and You. The term Party includes a Party’s successors, trustees and assignees.

Period of Hire – means the period for which the Equipment is hired under the Contract.

Return -  means the return by You or your employees, servants or agents of the Equipment to TLD, or collection by TLD or the Equipment from You or Your employees, servants or agents.

Services -  means the provision of labour and human services by TLD (and its employees, agents and lawful contractors) including but not limited to help and assist by way of the provision of advice and expertise. 

Special Conditions – means any special conditions in an order, estimate or quote or agreed in writing between Parties.

TLD Event Creation  -  or the abbreviation TLD means TLD Pty Ltd ABN: 92 627 764 845, trading as TLD Event Creation.

You and Your -  means the person or entity entering into and agreement or Contract the TLD with respect to the hiring of Equipment or the provision of services by TLD.

Venue – means the location at which the event is to be held.

 

Contract

Acceptance of these Terms and Conditions is considered to be the Contract by signing of the Event/Hire Estimate.

 

The Services

TLD will provide Services to You in accordance with and subject to:

  1. The Event Estimate proposal;

  2. You ensure TLD and its employees has access at all reasonable times to all venues and places where Services are to be provided and Equipment is to be installed and used;

  3. Standard Industry Practices and Standard Best Practice;

  4. Implement all measures to discharge TLD and Your obligations under all applicable laws and regulations with respect to occupational health and safety (OHS) at all venues and places where Services are to be provided and Equipment is to be installed and used;

  5. The nominated venue or place where Services are being provided are suitable for the activity intended and that all necessary approvals have been obtained by the owners of the place or venue, and from all Local, State or Commonwealth authorities;

 

  1. Ensure that all relevant plans, measurements, onsite equipment (i.e. Lifters, Forklifts, Trolley) and policies of the venue are communicated and where a third-party (In-house) operator is present, that they supply correct plans, measurements, equipment and policies to You for TLD to use during installation;

  2. Your reasonable instructions

  3. These Terms and Conditions;

 

Additional Services 

Unless we agree otherwise, we will not be obliged to provide to You any additional services that are not specified in the Event Estimate/Proposal. If we subsequently agree to provide You with additional services, the Fees will be increased to include our expenses for those additional services.

 

Payment Terms

No Account – Production Clients

50% deposit no less than 14 days prior to the Event date*  Balance no less that 7 days prior to Event date.

Approved Credit Account – Production Clients

50% deposit no less than 14 days prior to the Event date*  Balance no more than 14 days after the Event date.

You must complete and sign our Credit Application Form which is available on our website or by asking TLD.

No Account – Dry Hire Client

50% deposit no less than 14 days prior to collection or delivery date*  Balance no less than 7 days prior to collection or delivery date.

Approved Credit Account – Dry Hire Clients

50% deposit no less than 14 days prior to collection or delivery date*  Balance no more than 14 days after Hire.

You must complete and sign our Credit Application Form which is available on our website or by asking TLD.

* Your Production Event or Dry hire is not confirmed until your deposit is paid.

 

Contractors

You acknowledge that we may engage contractors to provide all or part of the Services.

 

Safety

We reserve the right to terminate the provision of all or any part of the Services, at any time without notice and without any liability to you or any other person if we consider in our absolute discretion that the provision of the Services for the Event may:
(a) jeopardise the health, safety or welfare of any person
(b) cause damage to property, or
(c) cause us to be in breach of any laws. 

 

Equipment

  1. The Equipment will always remain the property of TLD. You will have no legal, beneficial or equitable interest in the Equipment or any part of it. Your possession of the Equipment under the Contract will be as a bailee for the period of the Contract and/or until return of the Equipment by You to TLD. 

  2. Upon delivery the Equipment, it must be inspected by You. It is your responsibility, immediately following delivery, to notify TLD of any problems with the Equipment or Services. If no problems are notified to TLD within 24 hours of delivery You are deemed to have accepted the Equipment and Services. 

  3. TLD is not responsible for any act or omission in relation to the use of the Equipment by You or your employees, agents, guests, clients or contractors or any other person or entity who uses the Equipment while it is the subject of a Contract between You and TLD. 

  4. While You have the Equipment as bailee, in addition to all duties imposed by law, from delivery to return, You will:-

 

 

 

  1. At all times exercise all reasonable care, skill and diligence in the use of the Equipment in accordance with manufacturer’s guidelines, manuals and specifications and in accordance with any instructions provided by TLD; 

  2. Maintain all Equipment in good order and full working condition; 

  3. Return all Equipment to TLD in good order and full working condition at the expiration of the period of hire; 

  4. Not tamper or interfere with, or repair or attempt to repair any of the Equipment; 

  5. Indemnify TLD for accidental loss or damage to any of the Equipment; 

  6. Indemnify TLD for loss or damage to any of the Equipment occasioned by theft, malicious damage or another unlawful act; 

  7. Not part with the Equipment or deal with the Equipment in any manner that is inconsistent with TLD’s ownership of the Equipment; 

  8. Always keep the Equipment safe and secure; 

  9. Not remove or deface any label, serial numbers or other marks identifying the Equipment or TLD’s ownership of the Equipment; 

  1. If the Equipment or any part of it is lost, stolen or damaged during the period of hire, in circumstances where You bear responsibility under the Contract, You will pay TLD: 

  1. The costs and expenses of replacing all lost or stolen equipment (if the Equipment cannot be replaced with identical equipment, then the costs and expenses of a suitable substitute); 

  2. The costs and expenses of repairing damaged Equipment; 

  3. The costs and expenses of replacing Equipment, which in the opinion of TLD, is damaged beyond repair equipment (if the Equipment cannot be replaced with identical equipment, then the costs and expenses of a suitable substitute). 

  4. Indirect or consequential losses caused by the loss or damage to the Equipment; from the end of the hire period until repair or replacement of the Equipment. 

  5. You will indemnify TLD for any other liability, loss or cost that TLD may sustain by reason of TLD being unable to meet other contractual obligations to supply the Equipment to any other person or entity. 

  1. If You fail to return the Equipment to TLD in accordance with the due dates in the Contract You will be in continuing breach of contract until You return the Equipment and You will be charged accordingly. 

 

Liability for Damage

You are liable for all loss or damage to the Equipment, which is caused by You, Your employees, or any person at the Event.

 

Payment for Damage

Without limiting our rights, You must within 7 days of receiving a demand from Us or the Venue operators either (as specified in the notice):

  1. Pay Us the cost of repairing the damaged equipment, or

  2. Pay Us the full replacement cost of the Equipment if it is lost or if we determine it is irreparably damaged.

Fees Payment

  1. You must pay all invoices issued to You by TLD

  2. Unless we otherwise advise You in writing, You must pay all Fees and other amounts  payable by You under this Contract

  3. Fees specified in the Event Estimate/Proposal are estimates only and may change (i) If the Event Date changes; (ii) if you request us to provide different Services to those specified in the Event Estimate/Proposal (iii) if the Event runs longer than the Event times, or if the Event times change or (iiii) if You or TLD agree for any reason

 

 

  1. Termination for Non-Payment of Deposit: If you do not pay the deposit or requested part payment by the due date for that payment, we may immediately terminate this agreement for the provision of Services by written notice to you with no liability to you or any other person

  2. Enforcing Payment: You must reimburse TLD for all expenses and costs (including but not limited to legal costs and debt recovery costs) incurred by us, or for which we are liable, in recovering all overdue amounts payable pursuant to this agreement

  3. When payment is deemed to be received: All payments You are required to make under this agreement will only be deemed to be received when cleared funds are received by TLD. You must make all payments in full and without any set-off or abatement

  4. Our right to charge interest: We may charge interest at the rate of 10% per annum (calculated daily) on any overdue amounts up until the date that payment is received

  5. Set-off against deposit: We may set-off any amounts you are required to pay under this agreement (including cancellation fees) against any amounts that you have already paid to us

Cancellation

Subject to Fees Payment clause (b) and (c), you may only cancel the Service by written notice to TLD.

Cancellation Fees: If You cancel the provision of the Service at any time after you have accepted TLD Event Creation Estimate, You must at the time of cancellation pay Us an amount equal to: (i) If You cancel seven (7) days prior to the event date a cancellation fee of 25% of the event total amount applies; (ii) If You cancel 48 hours prior to the event date a cancellation fee of 50% of the event total amount applies; (iii) If You cancel 24 hours prior to the event date a cancellation fee of 100% of the event total amount applies. All deposits are non-refundable; (iiii) plus any cost’s recoverable under Fees Payment.

 

Warranties

You warrant to us that:
(a) you are able to enter into and fulfill your obligations under this agreement; (b) the person signing the Event Proposal has full power and authority to enter into this agreement on your behalf, and (c) you are not entering into this agreement on the basis of any representations, promise or undertaking provided by us or on our behalf, unless that representation, promise or warranty is expressly stated in this agreement or the Event Proposal.
 

Intellectual Property
You warrant to us that you have, and acknowledge that you are solely responsible for ensuring, that you and any applicable third party have appropriate rights and permissions to use any third party intellectual property rights (including rights in patents, designs, copyright, know how, performers rights, moral rights, trade secrets, confidential information, trademarks, service marks, circuit layouts, goodwill and all other similar rights) as part of the Event, including in music, film, performances, and in graphic or printed matter. 

Insurance

The Venue operators may require you to hold public liability or other insurance for the Event. We may or may not hold insurance in respect of the provision of part or all of the Services for the Event. Any insurance we hold will not extend to your own liability in respect of the Event. You warrant that you have made your own 

enquiries regarding your public liability exposure and other risks arising from the Event and whether insurance to cover such risks is desirable. 

Indemnity

  1. TLD will not be liable for, and You indemnify and will keep us, our officers, employers and contractors (Indemnified Parties) indemnified against any and all Claims or Losses arising from your negligence, misconduct and/or breach of any of your obligations or warranties under this agreement

 

  1. In this clause “Claims” includes all present and future claims (including but not limited to third party claims), actions, demands, proceedings or threats brought against any of the Indemnified Parties

  2. In this clause “Losses” includes consequential losses, costs (including legal costs on a full indemnity basis), expenses, penalties and liabilities whatsoever and whenever incurred or suffered by any of the Indemnified Parties

 

Liability

Exclusion of Warranties: All terms, conditions and warranties implied into this agreement by statute, common law or otherwise, and all liability for any direct, indirect or consequential loss (including without limitation, any loss of profits, loss of revenue or loss of opportunity) arising in any way (including, without limitation, as a result of our negligence), are excluded from this agreement except where to do so would contravene any statute or cause any part of this agreement to be void or unenforceable.

Limitation of Liability: To the extent that we cannot lawfully exclude liability under Exclusion of Warranty, our liability relating to or arising under this agreement or from the Services is limited to (at our option):
(a) in the case of goods, replacing or repairing the goods, or paying the cost of having the goods replaced or repaired, and (b) in the case of services, re- supplying the services, or paying the cost of having the services resupplied. To the extent permitted by law, any other liability arising from the Event or relating to this agreement is your responsibility.

Force Majeure: If we are prevented from or delayed in complying with an obligation under this agreement by an event beyond our reasonable control (including acts of God, acts of war, breakdown or destruction of plant and equipment, strike or lock- out) performance of that obligation is suspended during the time and only to the extent that compliance is prevented or delayed. We will not be liable to you or any third party for any loss, damage, cost or expense incurred as a result of or arising from such delay or failure to comply. 

 

Interpretation:

Inconsistency with the Proposal: If there is any inconsistency between the Event Proposal and these terms and conditions, the Event Proposal will prevail to the extent of the inconsistency.  

Interpretation: In this agreement, unless the context indicates a contrary intention:
(a) a reference to:
(i) an individual or person includes a corporation, partnership, venture, association, authority, trust, state or government
(ii) a document including this agreement, is to that document as amended, novated, renewed, substituted or supplemented at any time
(iii) dollars or $ is to an amount in Australian currency, and 

(iv) time is to time in Brisbane, Australia
(b) All capitalised expressions used in these terms and conditions have the meaning given to them on the front 

page
(c) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning
(d) headings are for convenience only and do not affect interpretation
(e) including and similar expressions are not to be treated as words of limitation
(f) an obligation not to do something includes an obligation not to cause and not to permit it to be done
(g) where consent or approval is required under this agreement the requirement will mean the prior written consent or approval, and
(h) this agreement are not to be construed against us because we were responsible for the preparation of this agreement

 

Termination: 

When We May Terminate the Service: We may immediately terminate this agreement and the provision of Services:

 

 

  1. in accordance with any express right in this agreement

  2. if you are in breach of any of your obligations or warranties under this agreement, subject to any right to rectify we may give you if the breach is capable of being remedied

  3. you have a receiver, receiver and manager, trustee in bankruptcy, administrator liquidator or controller appointed, or

  4. we determine or suspect on reasonable grounds that you are unable to pay your debts as and when they fall due

Consequences of Termination: If we terminate the provision of Services under any of above clauses, then Cancellation clause will apply as if you had cancelled the provision of the Services.

No Waiver: Termination this agreement does not prejudice any of our rights or entitlements which have accrued prior to termination. 

 

General

Entire Agreement: In relation to its subject matter this agreement:
(a) constitute the entire agreement between the parties, and
(b) supersede any previous representations, understandings or agreements

Waiver: Unless specifically stated to the contrary, in this agreement:
(a) any failure to enforce or a delay in enforcing any right under this agreement does not constitute a waiver of those rights, and
(b) a partial exercise of a right does not preclude any further exercise of that or any other right

Severance: If any provision of this agreement is held to be void, prohibited, invalid or unenforceable in any jurisdiction:
(a) that provision is ineffective to the extent of the prohibition, invalidity or unenforceability in that jurisdiction
(b) the validity or enforceability of that provision is not affected in any other jurisdiction, and
(c) the remaining provisions of this agreement are not affected

Signatories: The person who signs the Event Proposal on your behalf declares that he or she has no notice of the revocation or suspension of the authority by which that person signs the Event Proposal

You Must Not Assign: You may only assign any of your rights or obligations under this agreement with our prior written consent.

We May Assign or Nominate: We can assign any of our obligations under this agreement, or novate this agreement, on written notice to you.

Governing Law: This agreement is governed by the law in force in Queensland and the parties submit to the nonexclusive jurisdiction of the courts of or exercising jurisdiction in Queensland.

Further Assurances: You must do everything reasonably necessary to give effect to this agreement and the transactions contemplated by it, including the execution of documents. 

Dispute Resolution: The parties must use their best endeavours to cooperatively resolve a dispute arising from this agreement.

Joint and Several: Where two or more parties have an obligation or liability under this agreement, the obligation or liability is joint and several.

Media Rights: TLD may photograph, film or record your event. We reserve the right to use this media for promotional purposes.

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