The Valley Collective PTY LTD ABN 61608887672 Trading as The Valley Collective

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Hire of Goods

1. Definitions and interpretation
1.1 Definitions
Booking means a booking for the hiring of Goods placed by a Client in response to a Quote or other offer by TVC to hire Goods.
Costs includes charges and expenses, and costs, charges and expenses in connection with legal and other advisers.
Client means the person so identified in a Quote or, if there is no Quote, the person seeking to hire Goods from TVC.
Goods means the goods and other property listed in the Quote to be hired to the Client.
GST means any goods and services tax imposed in Australia.
Hire Fee means the amount to be paid by the Client to hire the Goods as set out in the Quote or as otherwise agreed in writing by the parties.
Laws means common law, equity, legislation, regulations, statutory instruments, guidelines, codes, standards and policies of the Commonwealth of Australia or any State, Territory or local government.
Loss means any and all losses, including interest, Costs, fees, damages, liabilities, judgments, penalties, agency fees, field calls, repossession costs, shortfall on sale of goods after repossession, legal costs and expenses and consequential losses.
Quote means a written description of the Goods to be hired to the Client and TVC’ fees, charges and expenses for the hire of the Goods.
Rental Period means the period of time for which the Goods will be hired by the Client as set out in the Quote or as otherwise set out in writing by TVC.
Rental Ready Condition means the Goods have been operated and maintained within all specifications and tolerances, have been tested to confirm the Goods are operationally safe and ready to use; are in a clean and presentable condition; and are immediately able to be hired out to a third party user without the need to prepare the Goods in any way.
TVC means The Valley Collective Pty Ltd ACN 61608887672 trading as The Valley Collective, and if the context so requires includes its officers, employees, agents, successors and assigns.
Terms means these terms and conditions.
1.2 Interpretation
In these Terms unless the context otherwise requires:
(a) a reference to writing includes email and communication through the TVC website;
(b) the singular includes the plural and vice versa;
(c) a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms;
(d) a reference to a party to these Terms or a Quote includes that party’s agents, executors, administrators, successors and permitted assigns;
(e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(f) headings are for ease of reference only and do not affect the meaning or interpretation of these Terms; and
(g) if the date on which any act, matter or thing is to be done falls on a day which is not a business day (a business day being a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria), that act, matter or thing:
(i) if it involves a payment other than a payment which is due on demand must be done on the preceding business day; and
(ii) in all other cases, must be done on the next business day.
2. General
These Terms apply to all hiring of Goods by the Client from TVC. The variation or waiver of a provision of these Terms or a departure from a provision is ineffective unless agreed in writing and signed by TVC.
3. Quote and Booking
(a) A Quote provided to the Client is valid for 30 days from the date of issue (unless varied, amended or withdrawn by TVC).
(b) To accept the Quote and make a Booking, the client must reply to the TVC email with acceptance where indicated. Making a Booking constitutes acceptance of these Terms and Conditions specified in the Quote.
(c) TVC may in its absolute discretion and without any remedy to the Client refuse to hire the Goods to the Client, if the Client fails to pay TVC on time.
(d) If a client cancels a Booking within 7 days of the first day of the Rental Period, the Client has no right to any refund of the Hire Fee.
4. Ownership and interest
(a) The Goods always remains the property of TVC. The Client only has a right to use the Goods in accordance with these Terms.
(b) The Client must not alter or in any way change the Goods.
(c) TVC may transfer (or assign) the Goods or its interest in or rights under these Terms or otherwise relating to the Goods, or give another person an interest in or form of security over any of them, without obtaining the Client’s consent.
(d) The Client must not part with exclusive possession of the Goods without TVC’S prior written consent. TVC consent does not affect or derogate from any of the Client’s other obligations under these Terms.
5. Delivery
(a) TVC will be taken to have delivered the Goods to the Client and the Client will be taken to have accepted the Goods when the Goods are delivered to the Client or the Goods are made available for collection by the Client, whichever is the earliest to occur.
(b) TVC is entitled to charge a delivery fee, if the Goods are delivered by TVC to the Client.
6. Rental Period and payment
(a) The Client must use the Goods during the Rental Period in accordance with these Terms. The Client must pay an invoice issued by TVC in accordance with the terms of the invoice and in any event the Hire Fee must be paid in full at least 7 days before the Goods are delivered.
(b) If a Client elects to pay a The Valley Collective invoice by credit card, a 2.5% surcharge may be added to the total amount of the invoice. The Valley Collective accepts only MasterCard or Visa. The Valley Collective will accept payment by electronic funds transfer without imposing a surcharge.
(c) If the Hire Fee is for an amount of less than $250.00 TVC requires payment in full to confirm the Booking. If the Hire Fee is for an amount greater than $250.00 TVC requires payment of 50% of the Hire Fee to confirm the Booking with the balance payable in full at least 7 days before the Goods are delivered.
(d) TVC reserves the right to require the Client to pay a further amount as security for the Goods, which amount will be repaid to the Client in full once the Goods have been returned to TVC in Rental Ready Condition.
(e) In addition to the Hire Fee, the Client must pay the damage waiver fee, which is an amount equal to 5% of the Hire Fee. Payment of the damage waiver fee does not affect the Client’s obligations under these Terms.
7. Use
The Client must use the Goods only for the purpose for which they are designed and must ensure that the Goods are used in accordance with any instructions provided with the Goods and in compliance with all Laws that apply to the Goods or their use. The Client must take proper care of the Goods and keep the Goods in good working order and in good repair. The Client must keep the Goods in Australia.
8. Loss or damage
The Client must take all steps to protect the Goods from theft, loss, damage and destruction and not do anything that might diminish the value of the Goods. The Client must immediately tell TVC if any of the Goods are stolen, lost, destroyed or damaged.
9. No deductions from payments
The Client must not withhold any payment due to TVC, or make a deduction from it for any reason including but not limited to because the Goods are damaged, do not operate, or are not in the Client’s possession or the Client claims to have a set-off, counterclaim, or other right against TVC or any other person.
10. Other costs
The Client must pay to TVC:
(a) all Costs incurred by or on behalf of TVC in enforcing TVC’ rights under these Terms after the Client is in default (including, where applicable, preserving and maintaining the Goods); and
(b) all Costs incurred by or on behalf TVC in exercising any rights under these Terms.
11. Exclusions and limitation of liability
(a) The Client acknowledges that hiring of the Goods is at the Client’s sole risk. To the full extent permitted by Law, TVC’ liability for breach of any term implied into these Terms by any Law is excluded.
(b) All information, specifications and samples provided by TVC in relation to the Goods are approximations only. Any variations will not entitle the Client to make any claim in respect of them.
(c) Any advice, recommendation, information, assistance or service given by TVC in relation to the Goods is believed to be accurate, appropriate and reliable at the time given, but is provided without any warranty of accuracy, appropriateness or reliability. TVC has no liability or responsibility for any Loss suffered as a result of the Client’s reliance on such advice, recommendation, information, assistance or service.
(d) All of TVC’ employees, agents and subcontractors have the benefit of these Terms (including but are limited to any indemnities and any exclusions or limitations of liability which operate for the benefit of TVC) to the same extent as TVC and as if they were parties to a contract for the hiring of the Goods.
(e) TVC excludes from a contract for the hiring of Goods all conditions, warranties, terms and consumer guarantees implied by Laws or custom except any the exclusion of which would contravene any Laws or cause this condition to be void or unenforceable (“Non-Excludable Term”).
(f) TVC is not obliged to pay for and is hereby released from all liability to the Client or any other person for any Loss, delay or failure by TVC to provide the Goods, and whether arising because of breach of contract, bailment, tort including negligence, TVC’ wilful act or omission, breach of Laws or otherwise.
(g) TVC’ liability to the Client for any breach of a Non-Excludable Term is limited,at TVC option, to the hiring of the Goods or substantially equivalent goods again or payment of the cost of hiring the Goods or substantially equivalent goods again.
(h) TVC is not obliged to pay for and is released from all liability to the Client or any other person for, any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, production, business, anticipated savings or claims by the Client even if TVC knows, or ought to have known, that the loss or damage is possible or otherwise foreseeable.
(i) These Terms apply even in circumstances arising from a fundamental breach of a contract for the hiring of Goods or breach of a fundamental or essential term of such a contract.
(j) If, despite the other provisions of this clause, TVC is liable to the Client for any loss of damage suffered (“Claim”), the Client cannot recover that loss or damage from TVC unless the Client gives written notice of the Client’s Claim to TVC at TVC’ headquarters within 7 days of the last date of the Rental Period. The Client must not commence legal proceedings of any nature against TVC more than 12 months after giving notice of a Claim to TVC and agrees not to do so.
(k) No part of this clause limited the operation of any other part of this clause or any other provision of these Terms which operates for the benefit of TVC.
12. Indemnities
(a) The Client agrees to indemnify and pay on demand to TVC the amount of any Loss arising from or in connection with the hiring out of the Goods by TVC or these Terms.
(b) This indemnity continues after the contract for the hire of Goods ends or is terminated. It is not necessary for TVC to incur expense or make a payment before enforcing a right of indemnity.
13. Force majeure
(a) If circumstances beyond the control of TVC hinder or prevent the provision of Services, TVC is hereby relieved from any obligation to provide the Services while those circumstances continue. TVC may elect to terminate a Booking or suspend a Booking until such circumstances have ceased.
(b) Circumstances beyond the control of TVC include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
14. Extension of Term, Holding Over and Return of Goods
(a) The Client must return the Goods on or before the last date of the Rental Period, unless TVC grants an extension to that date in writing.
(b) If the Client does not return the Goods when required, then, without limiting any other obligations or rights under these Terms, the Client must in respect of the period from the day on which the Goods were required to be returned until the day on which the Goods are returned, pay to TVC an additional rental amount calculated by reference to the Hire Fee. Payment of the additional rental amount under this clause does not:
(i) give the Client any right to keep the Goods after the end of the Rental Period;
(ii) release the Client from its obligations to return the Goods; or
(iii) prevent TVC from taking possession of the Goods.
15. Return Conditions
(a) The Goods must be returned in Rental Ready Condition (fair wear and tear excepted) to a place nominated by TVC
(b) If the Goods are not returned in Rental Ready Condition, without limiting any other rights or remedies which TVC may have, the Client must pay TVC either:
(i) an amount equal to the replacement value of the Goods; or
(ii) the cost of returning the Goods to Rental Ready Condition,
whichever is less, plus an additional rental amount (calculated by reference to the Hire Fee) which would have been payable had the Rental Period been extended up to the date on which the Client pays the amount referred to in (i) above or the date the Goods are brought back to Rental Ready Condition (as the case may be).

(c) The amount referred to in clause 15(b) will be charged by TVC to the Client by way of an invoice. Full payment of this invoice is due within 7 days from the date of the invoice.
16. Breach
(a) Each of the following constitutes an event of default:
(i) the Client breaches any of these Terms;
(ii) the Client, being a natural person, commits an act of bankruptcy;
(iii) the Client, being a corporation:
(A) is subject to an application being presented, an order being made or a meeting being called to consider a resolution for the Client to be wound up, deregistered or dissolved;
(B) is subject to a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Client’s property and undertaking;
(C) enters into a scheme of arrangement (other than for the purpose of restructuring); or
(D) makes an assignment for the benefit of its creditors;
(iv) the Client purports to assign its rights under these Terms without the prior written consent of TVC; or
(v) the Client ceases or threatens to cease conduct of its business.
(b) Where an event of default occurs, TVC may do one or more of the following:
(i) terminate the Booking;
(ii) refuse to hire Goods to the Client;
(iii) issue and maintain legal proceedings against the Client seeking an order for damages and other orders for any amounts owed;
(iv) retain all money paid on account of the hire of Goods; and
(v) take possession of the Goods.
(c) In addition to any action permitted to be taken by TVC under this clause, on the occurrence of an event of default any amounts owing to TVC and all invoices issued will become immediately due and payable.
(d) If TVC gives the Client notice of termination, the Client must immediately return the Goods to TVC.
17. The Goods
(a) The Client warrants, acknowledges and agrees that:
(i) the Client is responsible for examining the Goods before accepting them and the Client must satisfy themselves about the Goods, including compliance with description and their condition, appearance, finish, lack of defects, safety, durability, suitability and fitness for the Client’s purposes;
(ii) except to the extent required by Law, TVC has not made any representation, warranty or undertaking about the appearance, finish, lack of defects, safety, durability, condition or quality of the Goods, their suitability or fitness for the Client’s purposes; and
(iii) the Client is responsible for obtaining and maintaining any necessary permit, licence or registration required by Law in connection with use of the Goods.
18. Exclusion of Laws
Any present or future Law that varies the Client’s obligations under these Terms is excluded to the extent allowed by Law if it affects TVC’ rights or remedies adversely.
19. Miscellaneous
(a) These Terms are governed by the laws of Victoria, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.
(b) These Terms, Quotes and any written variations agreed to in writing by TVC comprise the whole agreement between the parties.
(c) These Terms and the Quote supersede all oral and written negotiations and communications by and on behalf of either of the parties.
(d) In entering into these Terms, the Client has not relied on any warranty, representation or statement, whether oral or written, made by TVC or any of its officers, employees or agents relating to or in connection with the subject matter of these Terms.
(e) If a provision of these Terms is or becomes void, voidable or unenforceable at any time, the remaining provisions will continue to have full force and effect.
(f) A notice or other communication required or permitted to be given by one party to another must be made in writing to the address shown on a Quote and delivered personally, sent by pre-paid mail or sent by email to the address of the addressee specified in the Quote.
(g) A notice or other document is taken to be validly served:
(i) on the date the recipient receives it if the notice or other document is given personally;
(ii) on the date it would be delivered by post in the ordinary course if the notice or document is sent by post; or
(iii) on the date the recipient’s email server receives the email without the sender receiving an error or “out of office” report.
(h) A party may only change its postal or email address for service by giving notice of that change in writing to the other party.
(i) A certificate purporting to be signed by TVC or any director, secretary or employee of TVC as to:
(i) an amount owing to TVC;
(ii) whether and when a default under these Terms has occurred or continued;
(iii) any matter related to or connected with the establishment or enforcement of any right or remedy of TVC,
is evidence of the facts stated in the certificate until it is demonstrated to be incorrect.

Terms and Conditions

Event Services

1 Definition

1.1 ‘Contract’ – the document or documents setting out the services to be provided by us together with these terms and conditions and a signed contract acceptance form or proposal.

1.2 ‘You’ – the person, firm or organisation, engaging in our services.

1.3 ‘We’, ‘Us’, ‘The Valley collective’, ‘Our’ – The Valley Collective

1.4 Our ‘services’ – the services to be provided by us which include but are not limited to: event planning, event design, event management, event hosting, provision of marketing support, project management, graphic design processes, market research, PR services, sponsorship.

1.5 ‘Our suppliers’ – supply partners we work with to provide services/products.

2 Our fees

2.1 The fees in respect of services provided will be agreed and specified under separate cover.

2.2 A deposit of 25% (or pre event administration component, whichever is greater) will be paid upon signing the contract. Full payment shall be made within 14 days of invoicing.

2.3 For events / services booked with less than 30 days lead time: a deposit of 25% shall be due immediately upon signature of the contract, with the outstanding 75% to be paid no more than 7 days before the event / services.

2.4 For Graphic Design services, The Valley Collective will include one complimentary edit/change to the initial design. Additional changes will be charged at our standard hourly rates (or agreed hourly rates).

2.5 Whereby an invoice is overdue, The Valley Collective reserves the right to charge interest. Interest will be calculated daily at a rate of 3% pa.

Contract Specific Terms

3 When the contract starts

3.1 The contract starts when you have agreed to use our services and signed our agreement/proposal acceptance form by which you agree to keep these conditions.

3.2 If at any time a supplier we have engaged is not able to provide the product / service as originally quoted, we will endeavour to find a replacement of similar value / quality.

4 Your responsibility:

4.1 In providing our services, in particular hosting events, any reasonable instruction given to you by The Valley Collective or our suppliers must be followed. In the event that you or your guests fail to follow our reasonable instructions, resulting in loss or damage, you will be liable for said loss or damage.

4.2 For each preferred supplier, we will advise you in respect of their terms and conditions and payment schedule. The Valley Collective is unable to make advance payments to suppliers on your behalf. You must ensure we have received cleared payment in time for us to meet supplier’s payment schedules. We cannot be held liable if you fail to clear the necessary funds in time to meet these obligations and the supplier then withdraws their service. The Valley Collective will not be held liable for any outstanding payments to suppliers on your behalf. All external suppliers used ( Eg: AV, food & Beverage etc) will be the client’s responsibility.

 

5 Limits of our liability:

5.1 The Valley Collective does not accept any liability for non‐completion of an event or for any delays arising as a result of strikes, riots or lockouts, adverse weather conditions, loss, damage or cancellation due to fire, flood or any other cause beyond its control.

5.2 The liability of The Valley Collective in respect of any breach of the Contract, including any applied terms shall not extend to any consequential loss whatsoever suffered by the client or their guests.

6        Insurance:

6.1    We have public liability insurance up to the sum of $ 5 Million AUD.

6.2    We advise you to take out separate insurance for your event. This will cover possible loss or damage to our equipment, or that of our suppliers, used at your event. If you wish us to handle this on your behalf and include it in our service, details will be set out under separate cover and will be added to your bill.

7       Ending this contract:

7.1    We may end this contract if: You break its terms; or as a company you become bankrupt/enter into a voluntary agreement with creditor/a receiver is appointed. Under these circumstances it will end immediately and we will recover costs.

7.2      Change of date: Subject to written notice to The Valley Collective, we may agree to a change of date. In this case work completed to date will be payable upon receipt of an invoice, and you will be re quoted on any additional hours/work required.

7.3 The Valley Collective will do its utmost to ensure that your event goes ahead. However, if a supplier pulls out at a late date, we will try to find a replacement but will not be liable.