We (Ash’s Party Co) allow you (the Hirer) to hire our equipment (including all items that we offer for

hire) and provide styling services. By paying a deposit, you are confirming this agreement. In paying

us any fees or taking possession of our equipment you agree to be bound and it will be deemed

consent to these terms and conditions.

1. We own the equipment and hire it to you for the hire period, for a fee detailed in the quotation. You may not deal with the equipment in any way which is contrary to our ownership of it.
2. The quotation is an invitation to hire or receive services. Neither of us are bound to this agreement as a contract until you consent to the terms and conditions through the payment of the required deposit and/or bonds specified in the quotation and we confirm your booking.
3. Equipment must only be used at the site specified in the quotation and may not be sub-hired without our consent.
4. All materials shall remain the exclusive property of Ash's Party Co.
5. 4.1 - You may seek permission to giveaway materials from Ash's Party Co (excluding pop ups).
6. 4.2 - All information and discussions between Ash's Party Co and you are considered confidential and will not be disclosed to any third party.
7. 4.3 - Equipment must only be used for its normal function as determined by us.
8. You are responsible for care of all items. You remain responsible until the equipment is safely back in our possession.
9. 5.1 - Leaving our possession is defined as we communicating that we have completed set up at the site or we leave the site and or you the hirer or a representative are physically there at the time of set up.
10. 5.2 - Returned possession is when we formally acknowledge that all equipment is returned to our facility or we commence pack up at your site.
11. 5.3 - Interfering with our pack up will be deemed interfering with our possession and further acceptance on your part of risk in the equipment.
12. Damage to or loss of equipment during the hire period will be the financial responsibility of the hirer, regardless of party at fault unless it can be proven the damage or loss was due to the actions of Ash’s Party Co. Damage liability includes damage due to weather or other natural events.
13. 6.1 - Any damage discovered after a hire period will be deemed to have been the responsibility of the most recent hirer.
14. 6.2 - Replacement or repair will be at our discretion and costs will be passed on in full to the hirer. Costs include time and delivery in order to restore equipment to the original condition.
15. 6.3 - It is the hirers responsibility to ensure all equipment is not left out in the rain before, during or after an event. Ash’s Party Co would prefer you to safely move all items out of any weather conditions to prevent further damage.
    
16. Any theft or damage by third parties must be reported to us and the police immediately. In the event this occurs, clause 6 applies.
17. It is the responsibility of the hirer to confirm the condition of all equipment is undamaged prior to the hire period and that all equipment is present at the time of set up as detailed in the quotation.
18. 8.1 - If there is a defect, incorrect or missing equipment we must be notified within a reasonable time. Any notification must include specific details of the issue.
19. 8.2 - If we are not notified within 1 hour of you gaining possession, this will be taken as agreement that the equipment provision requirements of this agreement have been met.
20. 8.3. We will not be liable for any loss due to equipment covered by this clause.
    
21. If equipment fails during the hire period, we are to be notified immediately and we will endeavour to repair or replace the equipment. If the equipment failure is not proven to be a manufacturing fault, clause 7 will apply. If it is equipment that can not be fixed, determined by Ash’s Party Co - an appropriate solution will be rewarded. A refund will be awarded only by the approval of Ash’s Party Co.
22. If there is damage to the equipment, a fee will apply.
23. If we deem any damage to our equipment has occurred during your hire period, all restoration costs above the amount stated above will remain the responsibility of the hirer.
24. The deposit required for the agreement to take effect is considered partial payment in advance of the hire and/or service fee.
25. All deposits must be paid within 24-48hrs of booking or immediately if the hire period will commence within one month. We reserve the right to cancel any booking when this does not occur.
26. All hire and service fees must be finalised 1 month prior to the hire period commencing. We reserve the right to cancel any booking when this does not occur.
27. All damage or services invoiced separately to hire, must be paid within 5 days of invoice.
28. When we deliver the equipment to the site for your set up, the hirer or an approved representative must be at the site to accept delivery of the equipment.
29. 15.1 - Delivery times are as set out in the quotation or by variation agreement.
    
30. The equipment will be packed up by Ash’s Party Co the same day unless discussed otherwise.
31. (Any orders over $500) If your event is expected to be cancelled within 7 days (1 week) before your event date, a 50% total refund can be arranged. After this period, unfortunately no refund can be issued. This is to cover any supplies & equipment that would have been purchased for your event.
32. 17.1 - If you’re planning an outdoor event, please keep in mind a plan B for weather conditions. Ash’s Party Co cannot offer a refund due to weather conditions. We can definitely reschedule for another time or your payment can be used as a credit for your next event which will include a physical credit voucher.
33. 17.2 - This agreement will be terminated once all fees have been paid to us and all equipment returned to our shop location.
    
34. Variations may be made to this agreement in writing with the consent of both parties.
35. Electronic communication in the form of email is an accepted form of written communication for this agreement.
36. All warranties, conditions and terms implied by statute or common law are excluded from this agreement as permitted by law to the fullest extent.
37. Verbal agreements will not be accepted, everything must be in writing.
38. We are not liable for any injury, death or other damage that arises from the use of our equipment or the actions of the hirer.
39. If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement.
40. Any disagreement is to be attempted to be resolved by mediation at the hirer’s expense prior to legal proceedings being commenced.
41. Failure to comply with this agreement by Ash’s Party Co that is out of our reasonable control will not render us liable for loss to the hirer or third party.
42. The hirer gives full permission to Ash’s Party Co to use photographs from the event for advertising and marketing.