These Terms and Conditions are provided for general reference. The version issued with your quote at the time of booking is the current and binding version, and takes precedence over this page. Fees and charges, including the Service and Handling Fee and freight charges, are confirmed at the time of your quote and may differ from what is shown here.
1.1. The specification and design of the Goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remains the property of the Lessor.
1.2. The Lessee must not reverse engineer, digitally print, copy or manufacture any component of the Goods, nor make available to any person or legal entity worldwide to reverse engineer, digitally print, copy or manufacture any component of the Goods.
1.3. The Lessee understands that the terms of Clause 1.2 are material to the consideration of Backdrops Fantastic I Modular Backdrops I Light Up Letters I Events Fantastic to rent the Goods to the Lessee, and that the copyright and patent rights in respect to the Goods and componentry in respect to are protected intellectual rights and moral rights which cannot be contravened by the Lessee.
1.4. If the Lessee breaches any of Clauses 1.2 through 1.3, the Lessor has all rights reserved under the laws of the Commonwealth of Australia.
1.5. The Lessee gives consent to the Lessor that if the Lessee breaches Clause 1.2 that it will be liable to the Lessor for not less than a liquidated damage of $1,100 per modular panel, $3,000 per Backdrop, $1,000 per Light Up Letter manufactured by the Lessee or its agents, and $330 per Modular componentry part manufactured by the Lessee or its agents (Infringing Products). In addition, the Lessee consents to provide an accounting of profits for all transactions, dealings, uses, leases, hires and sales in respect to the Infringing Products of Backdrops, Light Up Letters, Modular Backdrops, and to deliver up the Infringing Products (at the cost of the Lessee).
2.1. Any rescheduling once signed terms and conditions has been received will be deemed a cancellation unless due to government regulations or lockdowns in the state of the event. This includes postponements, date changes, delays or otherwise.
2.1a. Any increases to stock quantities once terms and conditions have been signed will be invoiced as an additional payment. No refunds or credits will be given on stock reductions after terms and conditions have been signed.
2.1b. A 50% (fifty percent) nonrefundable deposit is required within 7 (seven) days of confirmation of the booking.
2.1c. 100% (one hundred percent) payment is required within 48 hours of confirmation of the booking for Light Up Letters Pty Ltd and any order under the value of $1,000.00 AUD for Events Fantastic Australia.
2.2. The balance of payment shall be payable in advance, 14 (fourteen) days prior to the Leased Product being dispatched from the Lessor’s place of business.
2.3. In the event that the Lessee cancels the booking after confirmation and 30 days or more before the scheduled dispatch date, the Lessee shall forfeit the 50% deposit and 100% for Light Up Letters Pty Ltd.
2.4. In the event that the Lessee cancels the booking after confirmation and 30 days or less before the scheduled dispatch date, the Lessee shall forfeit the full rental fee less freight charges.
2.5. Freight Charges: All freight charges set out in this quotation are estimates only and are not binding. Final freight charges will be confirmed at the time of booking and may be subject to variation in accordance with fuel levies, service fees, surcharges, and any other adjustments imposed by our freight providers at the time of confirmation. The Client agrees to pay the freight charges as reconfirmed at the time of dispatch.
3.1. The Lessee undertakes to use the Leased Product only in circumstances for which the Leased Product was designed, this includes but is not limited to any form of inclement weather where exposure to the elements (including but not exclusive to rain, wind, fire, mud, dirt) or in venues/locations where product/s may be exposed to any fluids, dirt or materials that may damage the products.
3.1.1. Light Up Letters are not designed to be used for the following:
3.1.1.1. In any form of inclement weather where exposure to the elements (including but not exclusive to rain, wind, fire, mud, dirt).
3.1.1.2. In venues/locations where product/s may be exposed to any fluids, dirt or materials that may damage the painted surface of the letter. Light Up Letters are not able to be set up on or beside/in front of dance floors.
3.1.1.3. Post event, the Lessee agrees to return all packaging items and materials provided in the same condition as received, excluding normal wear and tear. Any packaging items or materials that are lost, damaged, or not returned will be subject to replacement or repair costs, which will be charged to the Lessee. This includes but is not limited to boxes and cartons, hard cases, and palletised items not returned on pallets.
4.1. For the duration of the Agreement the Lessee undertakes to handle the Leased Product with the utmost care and to reasonably maintain the Leased Product.
4.2. The Lessee is aware that the Leased Product is expensive to produce and costly to repair, and in the event that the Leased Product is damaged in any way the repair, replacement or cleaning costs will be borne by the Lessee with invoice issued within 7 (seven) days of the items return to the Lessor’s place of business. Payment is due immediately and is not negotiable.
Indication of cost of damage if it were to occur:
Minimum replacement or repair charge for any item – $75 + GST
Damage to Letters Requiring Repair – minimum $150 per letter
Damage to Backdrops Requiring Repair – minimum $300
Damage to Modular Panel – minimum $75 per panel
Components to Modular Panel (QR Levers, boxes, dust bags) – Actual Cost
Cleaning Fee Modular Panel – $3 per panel
4.3. The Service and Handling Fee is a flat fee of 15% charged on all hires. It is calculated pre-GST on hire items only and is not charged against service charges (e.g. labour and freight). This fee is charged to assist in the offset of costs incurred in the quote and booking fulfilment process which includes but is not limited to the following: administrative staff, administrative equipment, programs and supplies, consumables, storage and cartage, warehousing equipment and staff.
4.4. The Lessee hereby undertakes not to effect any alterations to the Leased Product including, but not limited to pinning, tacking, stapling, sewing, removal of components or painting. Alterations shall include any action which alters the appearance and/or material structure of the Leased Product.
5.1. The Lessee accepts responsibility for the Leased Product from the time the Lessee receives the Leased Product from the shipping carrier of our choice to the time the Leased Product is picked up from the shipping carrier of our choice. Signed proof of delivery and pickup is required from the Lessee by way of con note and tracking information.
5.2. The Lessee accepts responsibility for the Leased Product from the time the Leased Product leaves the Lessor’s place of business by the shipping carrier of the Lessee to the time the Leased Product is returned to the Lessor’s place of business.
5.3. The client will be held responsible for overruns on labour. Events Fantastic engages staff under the MA000080 Amusement, Events and Recreation Award, and it is an expectation the client has an understanding of the Fair Work rules outlined in the Award. Onsite delays, scheduling conflicts, missed breaks and inadequate time between shifts which occur outside of Events Fantastic’s control and are not indicated on the quotation will be billed as an additional charge at the appropriate award penalty rate.
6.1. Return of the Leased Product to the Lessor’s place of business or made available for on-forwarding on the agreed date is imperative and agreed upon by the Lessee.
6.2. The Lessee agrees that the Leased Product will be packaged as it was delivered, correctly labelled and placed in a secure and agreed location with the Lessor for the agreed freight provider to collect.
6.3. Failing to provide the Leased Product for pickup by the agreed freight provider, the Lessee hereby agrees to pay a $125.00 (one hundred and twenty-five dollars) penalty fee, which fee will be payable for each day the Lessee is in default of returning the Leased Product, plus any additional fees payable to the shipping carrier for incomplete delivery or collection.
Except to the extent arising from the Lessor’s gross negligence or wilful misconduct, the Lessee agrees to indemnify, defend and hold the Lessor harmless from any third party claims, actions, proceedings and expenses, including attorney’s fees, related to or arising from the Lessee’s or any third parties’ use of the Leased Product.
This Agreement is governed by the laws of Australia (Queensland), without giving effect to the principles of conflict of international treaties. The parties hereby agree on behalf of themselves and any person claiming by or through them that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to this Agreement will be an appropriate court situated in the State of Queensland, Australia.
The Lessee may not assign, without the prior written consent from the Lessor, the Lessee’s rights or duties under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so will be deemed a material breach of this Agreement. This Agreement and the rights and obligations contained herein will apply to, inure to the benefit of, and be binding upon the parties hereto and upon their permitted successors in interest and permitted assigns.
The Lessor carries public liability insurance to the value of $20,000,000. The Lessor recommends the Lessee undertake separate event insurance cover for the Backdrop/s, Modular Product, Light Up Letters and Theming Items to cover such eventualities as inclement weather, theft, equipment failure and any other unforeseen incidents.
The Lessor reserves the right to use photos of our product on location at your event, in social media, brochures, online and in marketing material no earlier than 24 hours after the conclusion of your event. Should you want to request the images taken not to be published, you must advise in writing no later than 24 hours prior to the commencement of your event.
By signing this document electronically, the Lessee is electronically agreeing to the Terms & Conditions. The Lessee agrees to the Terms & Conditions, effective as of today’s date. The Lessee consents to (i) receiving required information electronically, and (ii) the use of electronic records and signatures in connection with the quote and all other transaction(s) with the Lessor in place of all written documents and handwritten signatures. Once consent is given from the Lessee the document can be viewed online or by reviewing electronic correspondence. The Lessee also acknowledges that the Lessee consents to electronic disclosures is required to receive services from the Lessor over the internet.
This Agreement evidences the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges all previous proposals, communications, representations, understandings and agreements, whether oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be modified except by a writing subscribed to by authorised representatives of both parties.