Solution RED Terms & Conditions
1. Solution RED requires confirmation of service at least ten working days prior to the set up date of the
event. If confirmation is made within 10 working days the quotation may attract a late confirmation fee of
10% of the total amount.
2. Payment:
(a)
Should the Customer have 30 days credit terms with Solution RED, payment is required 30 days
from the date of invoice.
(b)
Should the Customer wish to apply for credit terms with Solution RED, a credit application form will
need to be submitted 10 working days prior to the Customer’s event.
(c)
Should the Customer not have credit terms, a 50% prepayment will be required to confirm the
Customer’s event. Final payment will be required 3 working days prior to the event.
(d)
The granting of credit and the continued provision of credit shall be at the absolute discretion of
Solution RED and may be withdrawn at any time without notice.
(e)
Formal written notification of approval from Solution RED is the only form of binding approval of the
Customer’s credit application and until this is received, the Customer should not assume that
Solution RED will open an account on the Customer’s behalf.
3. The Customer acknowledges that any additional services requested after confirmation will be charged to
the Customer on the final invoice.
4. Interest at the rate of 1.5% per month shall be charged on any amounts outstanding after the due date for
payment and the Customer agrees to pay any legal or recovery costs incurred by Solution RED in
collecting any overdue payments.
5. All table numbers must be confirmed to Solution RED at least 48 hours prior to the event. This number will
be considered the minimum and will be charged as such.
6. The period of hire shall not exceed three (3) months but if the Customer wishes to use the equipment
beyond that period, the Customer must prior to expiration date thereof, rehire the equipment for such
extended period as Solution RED may be agreeable to at the then current hire rates charged By Solution
RED.
7. The Customer undertakes (a)
to carefully inspect the equipment at the warehouse of Solution RED or immediately on taking
delivery of the equipment from Solution RED and shall inform Solution RED by telephone within 6
hours of delivery if there is any loss or shortage;
(b)
throughout the period of hire to maintain and to return the equipment in the same condition as it
was when the Customer first took possession, less fair wear and tear as determined by Solution
RED;
(c)
not to part with the possession of the equipment and not to cause or permit any legal or equitable
lien or any encumbrance to take effect or be created over or in respect of the equipment;
(d)
not to affix the equipment or any part thereof to any building or other property;
(e)
not to sell, mortgage, sub-let or assign the equipment;
(f)
to return all the equipment promptly to Solution RED at the end of the period of hire without any
requirement by Solution RED to make a demand in relation thereto;
(g)
promptly to pay the charges in accordance with the terms set out herein irrespective that no
demand shall be made by Solution RED therefore;
(h)
to permit (and to obtain permission for) Solution RED by any of its officers, servants or agents to
enter the premises where the equipment may be located and (without prejudice to any other claims
or rights to Solution RED may have to damages or otherwise) to permit the repossession by
Solution RED of the equipment if Solution RED determines that any breach of any term or
condition of hire has been committed;
(i)
to pay Solution RED for any costs incurred by Solution RED in removal of the equipment or the redelivery of the equipment to
Solution RED; and
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222–232 Macaulay Road North Melbourne VIC 3051
P +61 3 9940 0600 F +61 3 9940 0699 enquiriesvic@solutionred.com.au www.solutionred.com.au
© COPYRIGHT 2014 AVANTAGE PRESENTATION SERVICES T\A SOLUTION RED
(j)
not to bring or maintain or be party to or assert any action, claim, counterclaim or set-off law or in
equity or in variance from or inconsistent with any of these terms and conditions.
8. Should lifting equipment be required for installation, the costs incurred will be on charged to the Customer.
9. Solution RED shall provide the customer with instructions on the proper use of the equipment. The
Customer acknowledges that the Customer has received instructions from Solution RED on the proper use
of the equipment.
10. The Customer must notify Solution RED immediately in the event any equipment is lost, damaged or not in
proper working order. The Customer shall not attempt repair of any damaged equipment and shall return
such equipment to Solution RED for replacement.
11. The Customer shall not remove any equipment from its location or position without the consent of Solution
RED.
12. The Customer agrees to grant Solution RED access at all reasonable times for the purpose of inspecting
the equipment.
13. Should the venue require a technician on duty to be present, this will be charged directly from the venue to
the Customer, or on charged through
Solution RED.
14. Should the Customer require additional Solution RED labour on the day of the event or require the use of
additional labour for tasks not specified in this Agreement, then additional labour charges may be incurred.
Any additional labour charges will be notified to the Customer for approval prior to the labour being
employed.
15. Cancellation fees:
•
Twenty-five per cent (25%) of the total cost estimate shall be charged to the Customer where the
Customer cancels the event within forty-eight (48) hours prior to the confirmed event start date and
time.
•
Seventy-five per cent (75%) of the total cost estimate shall be charged to the Customer where the
Customer cancels the event within twenty four (24) hours prior to the confirmed event start date
and time.
16. Unless stated otherwise, all items are provided on a hire only basis. Repair/replacement costs will be
incurred for any damaged or stolen items. The Customer shall be responsible for any loss or damage of the
equipment arising during the time from when the Customer is deemed to take delivery of the equipment
until Solution RED collection takes place. Subsequent charges for loss, damage, repairs, or other
expenses are to be paid within 7 days of the relevant notice.
17. Where insurance cover is arranged under Solution RED’s own insurance policy, a charge will be made by
Solution RED to the Customer accordingly. Solution RED will charge six percent (6%) of the hire fee for
insurance and the Customer is responsible for the first two thousand five hundred dollars ($2,500) excess
or repair on any one claim. Where Solution RED’s insurance charge is declined by the Customer, full
replacement value is the responsibility of the Customer.
18. Notwithstanding that insurance which Solution RED may have, the Customer shall remain liable for all risks
of loss or damage while the equipment is in their possession, without limitation. The Customer should bear
in mind that Solution RED’s insurers, in common with other insurers, will not underwrite the consequences
of failure to take reasonable care and precautions for the safety of the equipment.
19. The Customer acknowledges that except as required by statute, all express and implied conditions and
warranties in relation to supply of goods Or services by Solution RED to the Customer are hereby excluded
and Solution RED’s liability hereunder (if any) shall be limited at Solution RED’s discretion to, in the case of
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222–232 Macaulay Road North Melbourne VIC 3051
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© COPYRIGHT 2014 AVANTAGE PRESENTATION SERVICES T\A SOLUTION RED
goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods or the
repayment of the cost of having the goods repaired or, in the case of services, the supply of the services
again or the payment of the cost of having the services supplied again.
20. Unless caused by a technician provided by Solution RED in accordance with clause 13, the Customer shall
be responsible for all loss or damage whatsoever or howsoever caused to any person or property in
relation to the equipment or the use thereof and without limiting that responsibility, the Customer shall he
liable to effect public risk insurance in relation to the equipment for the duration of the period of hire.
21. The Customer agrees to indemnify and keep indemnified Solution RED from and against all costs,
damages, claims, loss or liability (including legal costs and disbursements in defending or settling the claim
giving rise to the same) arising from or in connection with the provision of the equipment by Solution RED.
22. Hire charges are subject to change without notice and are quoted in Australian dollars. Unless otherwise
specified, quotes given over the phone are only estimates and may not include delivery, freight, and
installation and/or operator fees, provided that the hire charges may not change after the customer has
provided confirmation of services in accordance with clause 1.
23. Crew expenses including meals, flights & accommodation are not included in the Customer’s cost estimate
unless specified.
24. Some items may not be available in all States and therefore additional freight expenses may be incurred.
These will be included at the time of submission of the Customer’s cost estimate.
25. The Customer undertakes to return the equipment by the specified return time (or make the equipment
available for collection, whichever is quoted) on the specified return date and otherwise a charge equal to
the daily rate will be made for each day including the specified return date and each day thereafter in
respect of the late returns.
26. The Customer shall not assign either the equipment or this Agreement or any obligation as to payment
hereunder to any person without prior written consent of Solution RED which consents shall not release the
Customer from personal liability hereunder.
27. The waiver by Solution RED of any breach by the Customer of any of these terms and conditions and shall
not be deemed to be a waiver of any subsequent breach. If a waiver of a particular breach is provided, that
should be the end of the matter for that particular breach and set of facts.
28. Solution RED reserves the right to vary or alter these terms and conditions upon providing seven (7) days
written notice to the Customer provided that the terms and conditions may not be varied or altered after the
customer has provided confirmation of the services in accordance with clause 1.
29. If any of these terms or conditions are subsequently declared illegal or unenforceable, then such illegal or
unenforceable terms or conditions shall be severed here from and the remaining terms and conditions shall
continue in full force and effect.
3
222–232 Macaulay Road North Melbourne VIC 3051
P +61 3 9940 0600 F +61 3 9940 0699 enquiriesvic@solutionred.com.au www.solutionred.com.au
© COPYRIGHT 2014 AVANTAGE PRESENTATION SERVICES T\A SOLUTION RED