HIRE CONTRACT
Unless otherwise agreed in writing by Fairy Floss Pops and the Hirer, these terms and conditions shall be the only terms and conditions on which Fairy Floss Pops will provide the goods and or services to the Hirer.
These terms and conditions are deemed to be accepted by the Hirer on payment of making a booking, whether the payment be partial or full, on receipt by Fairy Floss Pops.
The terms and conditions apply exclusively to every contract for the hire of goods and supply of services by the Hirer from Fairy Floss Pops and cannot be varied by any other terms and conditions without prior written consent of Fairy Floss Pops.
The Hirer cannot transfer this contract to any other person/s or party without the prior written consent of Fairy Floss Pops.
BOOKINGS
Your machine hire is confirmed once a deposit of $200 is received. The deposit is non-refundable and secures the machine for you on your event date at the nominated venue. The remaining balance is due in full at least 10 days prior to the event. Failure to pay the remaining balance may cause cancellation of your booking and loss of deposit. If a booking is made within 10 days of an event date, payment in full must be received within 48 hours of the booking.
Bookings on Public Holidays and all Special Holidays (including Christmas Eve and New Year’s Eve) will require a minimum three-hour booking, will be subject to availability and will incur a penalty rate of an additional $50 per hour plus GST.
BOND
DIY packages (that do no include a Fairy Floss Pops attendant) will require a $250 cash bond on delivery of equipment. Bonds are fully refundable once the goods are returned in a satisfactory condition and undamaged with no loss to Fairy Floss Pops.
PRICES AND GST
Prices quoted on the website and advertising materials are subject to change at any time. GST is applicable to all hire packages and add ons, unless stated.
CANCELLATIONS
The deposit is non-refundable. If a cancellation is made 30 days or more prior to the event, the deposit may be transferred to a new booking – subject to date availability.
If a cancellation is made within 7-days of the event, and after the final invoice is paid in full, the full fee is forfeited.
DELIVERY, SET UP & COLLECTION
Bump in for delivery and set up is generally up to an hour before the hire starts. Time taken to set up is outside your rental hours. If you require an earlier set up, please discuss this with us prior to your booking. An idle fee of $50 per hour may apply.
The Hirer agrees on booking to advise Fairy Floss Pops if there is steep terrain, stairs, uneven ground, high-rise delivery or any such obstacles that may hamper, impede or put any persons in danger whilst delivering our equipment so we can make arrangements with delivery or not proceed with booking. Fairy Floss Pops reserves the right not to deliver any equipment if this information is withheld either purposely or accidentally from us at the time of booking.
The Hirer must provide its own standard power point for use for each of our hire equipment pieces.
For DIY packages, delivery and collection will be at an agreed time by the Hirer. In the event the Hirer is not present or available and delivery is unable to be made at the agreed time, a reschedule may not be possible and in this event the Hirer will forfeit the hire fees paid.
The Hirer must allow all Fairy Floss Pops employees access to the goods at all reasonable times to deliver, install, remove, inspect, test, adjust, maintain, repair or replace them. The Hirer is responsible for providing safe and proper access to and at the site. The Hirer is liable for all injury, loss or damage suffered by Fairy Floss Pops employees while at the site.
ATTENDED PACKAGE RENTAL HOURS
Where an attendant is provided, the rental hours will commence at the time nominated in your booking. Once the rental commences, no intermissions can be applied. An attendant may take what is deemed a reasonable rest or meal break during the event. Extending rental hours on the night may not be possible.
CREW MEALS
Fairy Floss Pops attendants on duty for the duration of the hire will require a crew meal and light refreshments to be supplied for events that are 3 hours or longer.
TRAVEL & PARKING
Travel fees will apply to events over 30km from Pakenham. We will inform you of the travel cost during the quoting period and then add this to the final invoice.
Free parking within close proximity to the venue must also be provided. Parking fees charged by a venue or parking facility for the duration of an event (including set up, pack down and any idle time) must be paid for by the Hirer.
MACHINE USE, OPERATION AND MAINTENANCE
The Hirer agrees that the use of the equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
The Hirer agrees to operate, maintain, and store the equipment strictly in accordance with any instruction provided by Fairy Floss Pops, with due care and diligence, only for its intended use. The Hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
Ingredients for the duration of the hire will be supplied by Fairy Floss Pops. Own Ingredients supply is strictly prohibited. A $250 deep cleaning fee will apply if this condition is breached.
DAMAGE
The Hirer will be liable for any damage caused to equipment within the duration of the hire which includes set-up and idle time. If an attendant is on duty, they may stop the usage of the fairy floss machine at any time during the event if they feel that the machine is being misused in a way that is dangerous to any persons or potentially damaging to the product.
The Hirer must make the goods available for collection by Fairy Floss Pops at the end of the hire period in the same good condition as received. If the equipment is damaged before the Hirer returns it, the Hirer will be responsible and liable for the cost of repair, up to the replacement cost of the equipment. If the equipment is lost or stolen before the Hirer can return it or before Fairy Floss Pops collects it, the Hirer will pay Fairy Floss Pops its replacement cost.
Furthermore, the Hirer agrees they will be responsible for any loss of income on any damaged/lost or stolen equipment caused by the Hirer at the current daily hire charge rate until ALL outstanding invoices are paid in full. The Hirer also agrees that all machines/equipment supplied is suitable for the purpose in which it was hired for, and that the Hirer will only accept delivery upon being satisfied that the machine/equipment is fit for purpose and undamaged.
LIABILITY
The Hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
The Hirer agrees to defend, indemnify, assume liability for and hold Fairy Floss Pops harmless from any and all claims, demands, damages, losses, lawsuits, proceedings, penalties, expenses or any other liabilities including attorney fees and court costs, arising out of or resulting from the use of any equipment or machine, regardless of the basis.
IMAGES
When hiring from Fairy Floss Pops, the Hirer gives permission for images taken at the event to be used on our website and for advertising purposes, unless advised prior to the event that they would not like their images used. Fairy Floss Pops will not use images which are deemed unsuitable for advertising and will not use any content that may be personally damaging to any person.
PRIVACY
Fairy Floss Pops will not sell your details to any third party and will take reasonable measure to ensure details remain confidential. The Hirer may be supplied social media contact details, statistics and data capture as part of their hire and use this information for their own purposes.
FORCE MAJUERE
Fairy Floss Pops will not be liable for failing to perform under the Agreement by the occurrence of any event beyond our reasonable control, including a labour disturbance or interruption of service, communication outage failure by a service provided to us to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
Powered by GoDaddy
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.