WILLOW TREE EVENTS PTY LTD HIRE AGREEMENT

 

  1. Definitions

This Hire Agreement governs the Hirer’s rental of Equipment from Willow Tree Events Pty Ltd (A.C.N. 625 104 412) ATF The Sleiman Family Trust t/a Willow Tree Events Melbourne (Willow Tree Events), in exchange for the Price.

These Terms and Conditions (“T&Cs”) will apply to any supply of Equipment and/or Services supplied by Willow Tree Events to the Hirer.

In these terms and conditions unless the context requires otherwise:

After Hours means any time outside the standard business hours.

After Hours Fee means an additional charge for the delivery, installation, dismantling and collection of the equipment outside the standard business hours.

Agreement means this agreement and any annexure or schedule attached to it.

Booking means any written booking or order made by the Hirer to Willow Tree Events for Equipment and/or Services.

Business Day means any day that is not a Saturday, Sunday or public holiday in the State of Victoria.

Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.

Commencement Date means the date on which the Hire Period commences, as specified in the Quotation.

Collection Date means the date that Willow Tree Events collects the Equipment from the Hirer, as agreed between the Parties.

Confidential Information means all information which is not otherwise not publicly available (in both cases either in its entirety or in part) including commercial, financial, marketing or technical information, know-how, trade secrets or business methods, in all cases whether disclosed orally or in writing before or after the date of this Agreement.

Date means the event or hire date as detailed in the Quotation.

Delivery Address means the address specified in the Quotation, as being the address at which Willow Tree Events is to deliver the Equipment to the Hirer on the Commencement Date.

Delivery Fee means the fee payable to Willow Tree Events for any delivery of the Equipment, as specified in the Quotation.

Delivery Time means the time and date that Willow Tree Events is to deliver the Equipment to the Hirer at the Delivery Address, as agreed between the Parties.

Deposit means the deposit specified in the Quotation payable to Willow Tree Events, by the Hirer, under this Agreement.

Designated Person means any person, planner or event coordinator designated by the Hirer.

End Date means the date on which the Hire Period ends, as specified in the Quotation, or on such other date as agreed upon between the Parties. In the event that any item comprised in the Equipment is stolen or damaged, then the expiry date will be the date on which the insurance company accepts a claim for the Equipment having been stolen or damaged.

Equipment means the items specified in any Quotation issued to the Hirer by Willow Tree Events.

Goods and Services Tax (GST) has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Hire Period means the rental period as set out in the Quotation, commencing on the Commencement Date and ending on the End Date, unless otherwise agreed between the parties.

Hirer means the person or persons named as the Hirer in these T&C’s or the Quotation, as well as their principal, employees, contractors or sub-contractors where applicable.

Invoice means a tax invoice describing the Equipment and/or Services which Willow Tree Events is providing to the Hirer.

Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees)

Order means any written or verbal order by the Hirer to Willow Tree Events for hire of Equipment and/or provision of Services.

Price means the total price payable in respect of the hire of Equipment and/or provision of Services, as detailed in any Quotation and/or Agreement.

Quotation means any quotation or invoice provided to the Hirer by Willow Tree Events for your hire of the Equipment, including via the Website.

Security Bond means a security bond payable to Willow Tree Events by the Hirer under this Agreement and as set out in the Quotation.

Services means the services specified in any Quotation issued to the Hirer by Willow Tree Events.

Surcharge means an additional charge of $100.00 for hire of Equipment and/or provision of services on Public Holidays or after hours.

Terms means these terms and conditions of trading.

Willow Tree Events means Willow Tree Events Melbourne, its principal, employees, contractors or sub-contractors.

Website means the Willow Tree Events website, which is displayed at www.willowtreeevents.com.au.

 

  • Acceptance of Terms & Placement of Orders
    • Any Order made by the Hirer to Willow Tree Events will constitute agreement to these T&Cs by the Hirer.
    • Upon acceptance of these T&C’s and payment of the Deposit, the Hirer will have reserved the Equipment and/or Services of Willow Tree Events.
    • If Willow Tree Events accepts an Order, the parties will have created a binding Contract and Willow Tree Events will supply the Equipment and/or Services to the Hirer, and the Hirer will pay the Price to Willow Tree Events in accordance with these terms and conditions.
    • The Hirer must provide Willow Tree Events with written details of any required specifications of the Equipment and/or Services at the time the Hirer provides an Order to Willow Tree Events.
    • The Hirer must ensure the specifications or properties of Equipment and/or Services stated in any Order by the Hirer will be fit for the intended purpose of the Equipment and/or Services.
    • Willow Tree Events will be entitled to rely on the accuracy of any plans, specifications or other information provided by the Hirer.
    • If there are any errors in any plans, specifications or other information provided by the Hirer to Willow Tree Events, Willow Tree Events will be entitled to vary the Price.
    • Although great care has been taken by Willow Tree Events to accurately reflect Equipment in photographs displayed on our website and/or other advertising material, the Hirer acknowledges that these photographs are for illustrative purposes only and may vary from Equipment depicted or described. Willow Tree Events reserves the right to make discretionary changes without approval if deemed necessary.
    • Changes cannot be accommodated without confirmation in writing, and Willow Tree Events will not be held liable for any miscommunications that are as a result of this. Notifications of any changes may be made by phone but must also be supported by written notice sent via email to info@willowtreeevents.com.au.

 

  • Price
    • The Price is in Australian Dollars (AUD) and is exclusive of GST unless otherwise stated by the Willow Tree Events in writing.
    • The Price is based on the Willow Tree Events’ pricing model. Pricing is adjusted periodically and any future orders and bookings shall be charged at the prices in effect at the time when the future order is placed. Any price quoted will be guaranteed for 3 days, otherwise the current price will be confirmed when the Deposit on the order is paid.
    • The Hirer must not withhold, make deductions from, or set-off, payment of any money owed to Willow Tree Events for any reason.

 

  • Deposit & Payment Terms
    • Upon acceptance of these T&Cs, the Client shall make an initial, non-refundable, non-transferable Deposit of $200.00 to Willow Tree Events to provide the Equipment and/or Services.
    • Payment of the Deposit or signing of these T&Cs will constitute acceptance of the terms and conditions contained in this Agreement.
    • The Deposit covers but is not limited to reserving the Equipment and/or Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration, and ongoing client management.
    • Unless otherwise agreed between the Parties, the Hirer must pay the Deposit to Willow Tree Events within three (3) days of a Quotation being issued. If the Deposit is not paid by this time, then Willow Tree Events reserves the right to cancel the Order.
    • The Hirer must pay any Delivery Fee as specified on any Quotation.
    • Willow Tree Events may charge at their discretion additional fees where there are location changes, order changes and/or multiple delivery or collection locations.
    • Willow Tree Events may charge at their discretion a Surcharge for public holidays, Sundays or after hours.
    • The Hirer must pay the Security Bond, as specified on any Quotation, no less than fourteen (14) days before the commencement of the Hire Period.
    • The balance of the Price, together with any additional travel fees, must be paid to Willow Tree Events at least fourteen (14) business days prior to commencement of the Hire Period.
    • Where an Order is placed less than seven (7) days prior to the commencement of the Hire Period, the full Price must be paid in full within 24 hours of the Quotation being issued.
    • Payment must be made by direct deposit or credit card in accordance with the terms of the invoice provided.
    • The Hirer must reimburse the Willow Tree Events for the full amount of any bank or other fees associated with any dishonoured payments or cheques and any legal, debt recovery or other expenses associated with any action by the Willow Tree Events to recover money from the Hirer.
    • If final payment is not received by the due date, Willow Tree Events will be under no obligation to proceed with the Order and all monies paid to date by the Hirer will be forfeited.
    • All custom built or special purchase Equipment requires full payment at time of Order so that Willow Tree Events can commence the manufacture and/or buying process.

 

 

  1. Cancellation
    • If the Hirer cancels the Order prior to the date, the Hirer acknowledges this will cause a reasonably foreseeable loss to Willow Tree Events, and the Hirer agrees that:
  2. It will forfeit the Deposit;
  3. If the Booking is cancelled within twenty (20) weeks of the event date, Willow Tree Events will provide a refund of 30% of the Price, excluding the Deposit.
  4. If the Booking is cancelled within twenty-one (21) days of the event, the Hirer will not be entitled to any refund of the Pre-event payment.
  5. The balance of the Price retained by Willow Tree Events is to compensate Willow Tree Events for its reasonably foreseeable loss in the likely event that they will be unable to further book that date.
  6. The amount refunded to the Hirer pursuant to clause 5 is at the sole discretion of Willow Tree Events in the event that Willow Tree Events is able to secure another booking for the Equipment on that date.
    • In the event that Willow Tree Events is unable to supply the Hirer with the Equipment, or any part of it, because of a previous Hirer damaging the Equipment or not making the Equipment available for collection, then Willow Tree Events may cancel the Hirer’s order.
    • In the event that Willow Tree Events is required to cancel the Hirer’s order in accordance with clause 5.2, Willow Tree Events:
  • will, at its sole discretion and within three (3) Business Days of the Hirer being notified of the cancellation, refund all amounts paid by the Hirer to Willow Tree Events; and
  • will not be liable for any loss or damage that the Hirer may suffer, arising from, or caused or contributed by, Willow Tree Events’ cancellation under this clause 5.

 

  1. Rescheduling/ Postponement
    • In the event that the Hirer wishes to reschedule the Hire Period for any reason, including due to any imposed restrictions resulting from a pandemic or any other force majeure event as detailed in clause 18, any rescheduling of the Order will only be effected once confirmed in writing by Willow Tree Events and subject to the following provisions.
    • If the Hirer wishes to reschedule the date of the event, Willow Tree Events will make all reasonable attempts to accommodate the new date, however is under no obligation to provide the Hire Equipment or Services on the new date. This is at the sole discretion of Willow Tree Events.
    • Any rescheduled date must be within twelve (12) months of the original booked date and Willow Tree Events will credit any Deposit or part of the Price paid by the Hirer towards the rescheduled Booking.
    • If services are cancelled by Hirer and then reinstated at a mutually agreeable future date, then a new Contract outlining the terms of the agreement will be sent to the Hirer.
    • Any rescheduled Order will be adjusted and charged per the prices in effect at the time of the rescheduled Hire Period.
    • The Hirer has the benefit of this clause only once.

 

  • Order Changes & Reductions
    • The Hirer is responsible for reviewing the Order and notifying Willow Tree Events of any amendments.
    • Notifications of amendments may be made by phone, but must be also supported by written notice sent via email to info@willowtreeevents.com.au.
    • It is the Hirer’s responsibility to verify that amendments made to the Order were received by Willow Tree Events. Willow Tree Events will not be held responsible for any miscommunications which may result from a failure to do so.
    • Increases or amendments to the Hirer’s total order can be made up until the due date of the final invoice, being due fourteen (14) days prior to the event, with all payments due and payable in accordance with clause 4.
    • If the Client wishes to make any variation to their Order which results in a reduction in the total Price (“Reduction Value”); such variations are to be made no later than sixteen (16) weeks before the Event Date, otherwise the Hirer must pay an amount equal to 50% of the Reduction Value.
  • Ownership & Hire of Equipment
    • Willow Tree Events agrees to grant a temporary bailment of the Equipment to you, in exchange for your payment, as required under this Agreement.
    • The Hirer acknowledges that during, and outside of, the Hire Period, Willow Tree Events retains full title to the Equipment, subject only to the rights of the Hirer as a mere bailee of the Equipment, with a right only to possess and use the Equipment, in accordance with the terms of this Agreement.
    • The Hirer’s rights to use the Equipment is as a bailee only.
    • No person will be entitled to use, dispose of or otherwise deal with the Equipment in any way which is inconsistent with Willow Tree Event’s rights or these conditions.
    • Neither payment of compensation nor any other circumstance or event will amount to, constitute or result in any transfer of title in the property or interest in the Equipment from Willow Tree Events.
    • Unless otherwise agreed and confirmed in writing by Willow Tree Events, the period of the bailment is for the Hire Period only, but remains determinable in the sole discretion of Willow Tree Events.
    • Unless otherwise agreed and confirmed in writing by Willow Tree Events, all Equipment will be made available to the Hirer for the Hire Period.

 

  • Delivery, Installation & Collection
    • The delivery, installation & collection fee covers the delivery, installation & collection of all Equipment as described in the Order.
    • Willow Tree Events will in good faith and to the best of their ability deliver all Equipment to the Delivery Address by no later than the Delivery time. In the event that Willow Tree Events is unable to do so for any reason, the Hirer releases Willow Tree Events from any and all Claims and Liability.
    • The Hirer must provide Willow Tree Events with safe and appropriate access to the Delivery Address during the Hire Period.
    • If, for any reason, Willow Tree Events is unable to gain access to the Delivery Address for delivery of the Equipment, Willow Tree Events may charge at its sole discretion an additional fee as reasonably determined by Willow Tree Events for each additional delivery attempt. If this is the case, Willow Tree Events will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.
    • Willow Tree Events may charge at their sole discretion additional fees where there are multiple delivery or collection locations.
    • The Hirer must ensure measurements of the Equipment supplied by Willow Tree Events are appropriate for the event space including ceiling heights, door and stair access. If any of the Equipment does not safely and appropriately fit, Willow Tree Events reserves the right to refuse delivery. In such circumstances, the Hirer will not be entitled to a refund of any monies paid by the Hirer and Willow Tree Events will not refund any monies paid by the Hirer.
    • If outlined in any Order, Willow Tree Events must make all reasonable attempts to set up the Equipment after it has been delivered to the Delivery Address.
    • The Hirer must, upon placing an order, notify Willow Tree Events if delivery of the order will be above ground level.
    • Where the Hirer fails to disclose to Willow Tree Events an above ground level delivery, Willow Tree Events may charge at its sole discretion an additional fee as reasonably determined by Willow Tree Events for the additional service. If this is the case, Willow Tree Events will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.
    • Where the Hirer is not available at the Delivery Address during delivery, the Hirer must allocate and provide Willow Tree Events with the contact details of a designated person to meet with Willow Tree Events at the Delivery Address.
    • Willow Tree Events will not be held accountable if any Equipment becomes damaged or missing due to failure to meet with the designated person or leaving the Equipment unattended at the Delivery Address. The Hirer does hereby release from Willow Tree Events from any and all Claims and Liability in the event the Hirer or designated person cannot be located.
    • The Hirer must make all Equipment available to Willow Tree Events for collection at a time and date determined by Willow Tree Events.
    • All Equipment must be quality checked, counted and cleaned prior to collection by or return to Willow Tree Events.
    • If for any reason Willow Tree Events is unable to gain access to the Delivery Address for collection of the Equipment, Willow Tree Events may charge at its sole discretion an additional fee as reasonably determined by Willow Tree Events for each additional collection attempt. If this is the case, Willow Tree Events will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.
    • If the agreed upon Collection Time is delayed by the Hirer for any reason, resulting in costs incurred by Willow Tree Events, the Hirer must reimburse Willow Tree Events for all costs associated with the delay.

 

  • Packing of Equipment
    • All Equipment must be carefully packed by the Hirer for collection or delivery on the Collection Date. The Hirer is to ensure that they are returned carefully repackaged back to Willow Tree Events with due care in their original crates, boxes or packaging.
    • All glassware is to be returned washed (in warm water) and be fully dry before it is repacked by the Hirer. Fragile items such as drink dispensers and lids should be hand washed and handled with care. Please note most of our glassware is not designed to be washed in dishwashers.
    • The Equipment must be, at all times, in a weatherproof area away from dust, mud, mildew, rain, damp, wind or snow. Equipment must not be left out in the open overnight.

Any damage to the Equipment such as rips, tears, scuff marks, food products, dirt, cigarette Burns, Spills, Dampness or Breakages or any other damage may result in the full reupholstering or replacement of the Equipment at the hirers cost in accordance with clause 14 of this Agreement.

 

  • Refusal to Hire
    • Willow Tree Events reserves the right to refuse the Hire Booking at their sole discretion and at any time prior to delivery of the Equipment and/or Services with no liability other than to repay any amount of the Price paid in advance of the cancellation, less any costs already incurred by Willow Tree Events up to the date of Cancellation.

 

  • Model & Photo Release
    • Subject to any copyright laws for the benefit of any third parties, the Hirer expressly grants Willow Tree Events permission to use photos from the event in various forms of advertising promoting our services. Where images are provided by a contracted photographer, appropriate credit will be given. Willow Tree Events may use and publish photographs of all persons and décor involved in the event for editorial, trade, advertising, web site use, or any other purpose and in any manner and medium that they see fit to promote Willow Tree Events. Willow Tree Events may, at their cost and discretion, document aspects of your event with photography, video and or written word with vendors of their choosing. Willow Tree Events will be respectful of your privacy. If the Hirer would prefer to not include names or photos of any of the event attendees, the Hirer must advise Willow Tree Events in writing.

 

  • Dangerous Conditions
    • If Willow Tree Events is exposed to:
  • conditions which imperil or cause Willow Tree Events to fear for their safety; or
  • objectionable or illegal acts to which Willow Tree Events do not wish to be a party or witness,

then Willow Tree Events reserves the right to immediately protect their interests, including but not limited to a cessation of the agreement, leaving the location(s), and/or terminating this Agreement.

  • In such circumstances, the Hirer will not be entitled to a refund of any monies paid by the Hirer and Willow Tree Events will not refund any monies paid by the Hirer. The Hirer shall indemnify Willow Tree Events from any damage or injury that the Willow Tree Events may sustain, arising from, or related to, any hazardous conditions which imperil or cause Willow Tree Events to fear for their safety, while providing the Equipment and/or Services.

 

  • Hirer’s Warranties and Acknowledgements
    • The Hirer must ensure that the Equipment is used in accordance with any operating instructions given by Willow Tree Events and in conjunction with instructions or specifications that apply to any item of Equipment, where applicable.
    • The Hirer must not sell, charge, pledge or part with possession of the Equipment.
    • The Hirer must ensure that the use of the Equipment complies with all applicable laws.
    • The Equipment will be at all times, whilst in the care, custody or control of the Hirer, at the risk of the Hirer.
    • The Hirer must, at all times during the hire period, keep and maintain the Equipment, ensuring that it is in good and proper condition. In particular, the Hirer must:
  • keep the Equipment in a secure location at all times;
  • prevent the Equipment from being stolen, unauthorised use, misuse, vandalism, or exposed to environments that may damage the Equipment;
  • make the Equipment available to Willow Tree Events, in the same condition (fair wear and tear excepted) as when it was delivered to the Hirer by Willow Tree Events on the Delivery Time;
  • at all times, use and operate the Equipment safely, only for its intended use, strictly in accordance with the law and any instructions of Willow Tree Events;
  • not remove the Hire equipment or any part thereof from the situation and position of its installation without consent from Willow Tree Evens; and
  • not use the equipment at locations or for purposes different to the equipment’s general designated purpose and specified suitability (including but not limited to indoor versus outdoor use).
  • In accordance with clause 14.5(f), Willow Tree Events may at its sole discretion and in writing approve outdoor use of the Equipment. Such approval can be withdrawn by Willow Tree Events at any time and without notice. In such instances where Willow Tree Events withdraws approval, the Hirer must have a weather appropriate contingency plan in place.
    • The Hirer agrees that they will be liable for any loss of, or damage to, the Equipment, including damage caused by fire, water, storm, collision, accident, theft or burglary.
    • The Hirer must within eight (8) hours of returning the Equipment give written notice to Willow Tree Events of any damage to the Equipment.
    • The assessment of any damage to the Equipment, and costing of charges to repair or replace the Equipment, shall be at the sole assessment of Willow Tree Events.
    • The Hirer must not, without the prior written consent of Willow Tree Events, organise for any maintenance or repairs to be carried out to the Equipment, but where such consent has been obtained and maintenance and/or repair works are carried out, the Hirer must attend to payment of costs and provide Willow Tree Events with receipts for such works.
    • If any of the Equipment requires replacement, repair or cleaning as a result of:
  • Theft or loss of Equipment;
  • Willful or accidental damage during the Hire Period;
  • Loss or damage to the Equipment whilst being loaded, unloaded and transported by the Hirer;
  • Damages due to vandalism;
  • Unexplainable Loss;
  • Changes or modification made to the Equipment during the hire period,

Willow Tree Events reserves the right to, without notice, charge the Hirer any amounts incurred by Willow Tree Events to rectify damage arising out of the Hirer’s breach of any provision of clause 14.

  • In the event that any item of Equipment is damaged, unclean or missing, Willow Tree Events will be entitled to retain an amount equivalent to the cost of repair, replacement or cleaning from the Security Bond at their sole discretion. The balance of the Security Bond will be refunded to the Hirer.
  • If the cost of repairing, replacing, or cleaning the Equipment exceeds the Security Bond, the Hirer agrees to pay Willow Tree Events any further amount as set out by Willow Tree Events. If this is the case, Willow Tree Events will provide the Hirer with an invoice to cover the cost and this invoice will be due and payable immediately upon receipt.
  • The Security Bond will be refunded to the Hirer by Willow Tree Events only if, upon inspection of the hired Equipment, Willow Tree Events determines in its sole discretion that the Equipment is in the same condition as when delivered, and that the Hirer has not materially breached this Agreement.
  • Willow Tree Events will, within three (3) Business Days of taking possession of all hired Equipment from the Hirer, refund the Security Bond to the Hirer’s nominated bank account.
  • The refund of the Security Bond, or any part of it, under clause 14.14, is conditional upon the Equipment being in the same condition that it was supplied in, fair wear and tear excepted.

 

  • Theft and malicious damage to the Equipment
    • In the event of an incident of theft or malicious damage to the Equipment, the Hirer must immediately report such incident to the police and provide the police reference number to Willow Tree Events, immediately upon its request.
    • Willow Tree Events will not be liable for any inconvenience, loss or damage suffered by the Hirer, because of any accident, theft or malicious damage to the Equipment.
    • The Hirer will not be entitled to any refund under this Agreement where the Equipment becomes unavailable for use due to theft that occurs to the Equipment, or the Equipment being damaged, during the Hire Period.
    • Where the Hirer is reckless or negligent, resulting in theft of or malicious damage to the Equipment, the Hirer will be liable to pay to Willow Tree Events the Price for the period of time that the Equipment is unavailable for hire.

 

  • Insurance
    • Willow Tree Events will be responsible for effecting and keeping current a general insurance policy or policies in respect of the Equipment to cover the Equipment in relation to damage or destruction of the Equipment, third party risk and public liability.
    • The Hirer must not do any act in relation to the Equipment, which has the capability of rendering void, or voidable, Willow Tree Events’ insurance policy or policies covering the Equipment.
    • The Hirer acknowledges that they must pay for risks that the insurance does not cover including but not limited to theft, damage resulting from misuse or use violating statutory rules and regulations or damage caused by the negligence of the Hirer.

 

  • Entire Agreement
    • The terms and conditions contained in this Agreement constitute the entire agreement between Willow Tree Events and the Hirer with respect to the Equipment provided by Willow Tree Events and shall not be amended, except in writing.

 

  • Force Majeure

If Willow Tree Events is unable to perform their obligations under this agreement due to illness, pandemic, Federal or State Government restrictions, emergency, wind, fire, explosion, casualty, strike, civil disobedience, unsafe environment, threat, act of God, war, riots, embargoes, legislation not in force as at the date of this agreement, acts of its vendors or third party suppliers or causes beyond the control of Willow Tree Events, Willow Tree Events will notify the Hirer as soon as possible and either:

  • any amounts paid by the Hirer to Willow Tree Events can be applied towards a rescheduled date in accordance with clause 6; or
  • any amounts paid by the Hirer to Willow Tree Events will be forfeited in favour of Willow Tree Events and any further payments will no longer be required to be paid by the Hirer.

                  

  • Disputes
    • Both Willow Tree Events and the Hirer agree that any disputes arising from the hire and use of the Equipment (except concerning payment of fees or charges) shall be negotiated with a view to settlement prior to either party issuing legal proceedings.

 

  • Governing Law
    • The terms of this Agreement shall be governed by the law of the State of Victoria and shall apply to any dispute arising out of this Agreement.

 

 

  • Confidential Information and Intellectual Property
    • The Hirer will not use, or disclose to any third party, any Confidential Information disclosed to the Hirer.
    • Copyright in all drawings, reports, specifications, bills of quantity, calculations and other documents provided by Willow Tree Events in connection with the Equipment Hire shall remain the sole property of Willow Tree Events, unless otherwise agreed in writing by Willow Tree Events.
    • Willow Tree Events may, within reason and without the Hirer’s approval, engage third parties to assist Willow Tree Events in delivery, construction, repair or cleaning of the Equipment and/or of the Services. The Hirer accepts responsibility for payment of all monies due to any such third party as specified within the Quotation.

 

  • Warranties
    • Willow Tree Events does not warrant the Equipment and/or Services are fit for any purpose whether or not made known by the Hirer or any third party to Willow Tree Events or any member of Willow Tree Events’ Personnel.
    • Willow Tree Events excludes all express and implied conditions and warranties in relation to the Equipment and/or Services and this Agreement except those conditions or warranties that cannot be excluded by law.

 

  • Liability
    • Nothing in these T&Cs are intended to have the effect of limiting Willow Tree Events liability under the Competition and Consumer Act 2010 (Cth) or any equivalent Act of any State or Territory of Australia except to the extent permitted by such Acts.
    • Subject to clause 23.1, Willow Tree Events accepts no responsibility and is not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with a Contract or the Services, howsoever caused.
    • Willow Tree Events shall not be held responsible for delays or cancellations due to causes beyond their control, such as weather conditions, acts of any third parties, schedule complications, or restrictions of the venue(s). 
    • Willow Tree Events will not be liable to the Hirer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
    • Willow Tree Events reserves the right to cancel any Contract at any time prior to delivery and/or installation of the Equipment with no liability other than to repay any amount of the Price paid in advance of the cancellation, less the non-refundable Deposit and any further costs incurred by Willow Tree Events up to the date of Cancellation, including costs of Equipment and labour.
    • Other than expressly provided for in this Agreement, the Hirer acknowledges that they have not relied on any statement or representation by Willow Tree Events in respect of the Equipment or use of the Equipment by the Hirer, irrespective of whether or not the Hirer’s purpose for the use of the Equipment is known to Willow Tree Events.
    • The Hirer acknowledges that it enters into this Agreement, having carried out its own due diligence as to the condition, suitability and fitness of the Equipment for the Hirer’s purpose, and that it has not relied on any skill and judgment, or on any representation made by, or on behalf of, Willow Tree Events.
    • The Hirer assumes all responsibility for obtaining the relevant permissions from third parties, including but not limited to the venue(s).
    • The Hirer represents and warrants that no litigation or administrative or other proceedings before or of any court or governmental authority or agency or other tribunal have, to the knowledge of the Hirer, been initiated or threatened against the Hirer or any of the Hirer’s assets, which would, might or have a materially adverse effect upon the business, assets or financial condition of the Hirer.
    • The Hirer agrees that they are liable for all injury, loss and/or damage suffered by Willow Tree Events while at the Delivery Address.

 

 

  • Indemnity
    • The Hirer indemnifies Willow Tree Events and each member of Willow Tree Events’ personnel on a full and continuing indemnity basis from and against any Liability or Claim arising directly or indirectly in relation to:
  • the Hirer’s breach of these T&Cs or any Contract;
  • the negligence or wilful misconduct of the Hirer or any member of the Hirer’s Personnel;
  • damage to the property of the Hirer or any third party during any delivery of Equipment,
  • any breakage or contamination of Equipment during any transport or delivery;
  • the Equipment and/or Services not being fit for any particular purpose;
  • the Hirer or any member of the Hirer’s Personnel directly or indirectly causing any delay in the supply of any Equipment and/or Services;
  • the Hirer or any member of the Hirer’s Personnel refusing to accept any delivery; or
  • the Hirer or any member of the Hirer’s Personnel purporting to cancel a Contract.

 

  • Termination
    • Willow Tree Events may immediately terminate, or suspend the performance of any Contract and the Hirer must immediately pay any money owed to Willow Tree Events if:
  • the Hirer breaches a term of these T&Cs or any Contract and does not remedy the breach within fourteen (14) days;
  • any invoice rendered by Willow Tree Events remains outstanding in accordance with clause 4;
  • the Hirer breaches a term of these T&Cs or any Contract which is not capable of remedy;
  • there is any direct or indirect change in the Control of the Hirer;
  • an Insolvency Event arises in relation to the Hirer; or
  • Willow Tree Events gives fourteen (14) days notice of its intention to terminate or suspend the performance of the Contract.
    • The Hirer may immediately terminate, or suspend the performance of, any Contract if:
  • In the event of substantial breach by Willow Tree Events of its obligations hereunder, where any such breach has not been remedied within 30 days of written notice from the Hirer requiring the breach to be remedied;
  • Upon giving Willow Tree Events thirty (30) days written notice of its intention to terminate or suspend the performance of the Contract.

 

  • Notice
    • Notices must be in writing and be given personally by express or registered post with delivery confirmation or by facsimile transmission or email with receipt confirmation.

 

  • Jurisdiction
    • Any Contract between the Willow Tree Events and the Hirer is governed by the laws of the state of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Contract.

 

  1. Severability
    • If any of these Terms is invalid or unenforceable in any jurisdiction, that Term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining Terms or affecting the validity or enforceability of that Term in any other jurisdiction.
  2. Registration under the Personal Properties Securities Act 2009
    • In the event that this hire agreement falls under the provisions of the Act then the Hirer will do all things necessary to enable it to be registered by Willow Tree Events and will comply with all requirements of the Act.

 

  1. Authority to Sign Agreement
    • If this agreement is signed on behalf of the hirer then the person signing covenants that they have the authority to sign this agreement as a duly authorised agent of the hirer and accepts personal responsibility for the performance of the terms of this Agreement.
  2. Miscellaneous
    • These T&Cs or any Contract may only be amended with Willow Tree Event’s express written agreement. Any waiver by Willow Tree Events must be express and in writing.
    • Willow Tree Event’s rights under these T&Cs or any Contract do not exclude any other rights Willow Tree Events may have at law.
    • If any provision of these T&Cs or any Contract is unenforceable, the provision will be severed and the remaining provisions will continue to apply.
    • The Hirer must immediately provide written notice to Willow Tree Events if there is any direct or indirect change in the Control of the Hirer.
    • Willow Tree Events may assign any rights or benefits under any Contract or these T&Cs or any Contract to any third party.
    • The Hirer may only assign any rights or benefits under any Contract or these T&Cs or any Contract with Willow Tree Event’s prior written consent.
    • These T&Cs and any Contract will be governed by the law of the state in which Willow Tree Event’s address is located.
    • This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

 

  • In these T&Cs:
  • the headings do not affect interpretation;
  • the singular includes the plural and vice versa, and a gender includes other genders;
  • a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
  • a reference to a party to a document includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;
  • a reference to a person includes a natural person, body corporate, partnership, trust, association or any governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, corporation or instrumentality or any other entity;
  • a reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements;
  • a word or expression defined in the Corporations Act has the meaning given to the word or expression in the Corporations Act;
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;
  • any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;

if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or the event must occur on the next business