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Hire Terms and Conditions

Alter Egos > Hire Terms and Conditions

Hire Terms and Conditions

HIRE TERMS & CONDITIONS 

INTRODUCTION AND AGREEMENT

The hire of costumes, props or inflatable movie screen and related equipment from AlterEgos Events is subject to these terms and conditions of hire.

The Client agrees that by making payment of the agreed upon booking fee that they have read, accepted and agree to be bound by these terms and conditions.

Should there be any clause in these terms and conditions that the Client does not understand, then the onus is on the Client to ask the Service Provider to explain the relevant clause before accepting the terms and conditions by making payment.

PAYMENT AND BOOKING FEE

The Client agrees to pay the Service Fee, as detailed in the Service Providers quote and/or invoice as follows:

  • 50% of the Service Fee, as a non-refundable deposit to secure the equipment/costume on acceptance of this Agreement;
  • the final 50% of the Service Fee no less than 48 hours before the booking date.
  • In order to secure the Goods, the booking fee as must be paid by the Client to the Service Provider into the bank account below:

PAYMENT CAN BE MADE TO ALTEREGOS EVENTS:

Bank: Nedbank                                                           Branch: Broadacres Dainfern

Account Number: 1010719874                                  Branch Code: 132805

Proof of payment must be e-mailed to mailto:events@nullalteregos.co.za

  • No Goods will be delivered or released until the full Service Fee has been paid into the bank account.
  • No cash or cheques will be accepted unless the Parties agree thereto in writing.

RISK, DELIVERY AND RETURN

    • The Goods will be at the Clients sole risk from the date and time of delivery and/or collection, until the Goods are collected by, or returned to and received by the Service Provider. The Client undertakes to return the hired Goods in the same condition that they were received.
    • The Service Provider accepts no responsibility, for any delay, loss or damage, in the event that inaccurate information has been provided regarding the delivery place, or collection / delivery time, or any other relevant information pertaining to the delivery / collection, and further accepts no responsibility for loss or damage for late or non-delivery in the event of a supervening impossibility.
    • It is the Clients responsibility to check the Goods on collection or delivery. No discrepancies about quantities, loss, damage or shortages will be accepted after acceptance by the Client of the Goods.
    • The Client accepts that they will return all hired Goods, on the expiry date of the Rental Period. A late return fee will be charged at full rental fee per every day its outstanding.
    • The Client acknowledges that failure to return hired Goods in terms of this Agreement will constitute a breach of this Agreement and illegal possession by the Client, and the Service Provider may report the Goods stolen.

REPLACEMENT AND/OR DAMAGES TO GOODS

    • If applicable, the Client will be held liable for any and all damage or loss to Goods hired and/or used in terms of this Agreement. This includes any damage or loss that may be incurred in the transportation by the Client, storage by the Client or use of any items provided in terms of this Agreement.
    • The Goods will be inspected by the Service Provider once returned:
      • in the event an item is damaged, but capable of repair, the Client will be liable for the entire repair amount, plus reasonable expenses;
      • in the event an item is lost or damaged beyond economical repair, the Client will be liable for the full replacement cost of the item, plus reasonable expenses.
    • The election as to whether to replace or repair any item will be made by the Service Provider provided that the most cost-effective option is be chosen.
    • The Client expressly agrees to pay the full repair and or replacement costs within 5 working days of receipt of written notification from the Service Provider.

CANCELLATION AND CHANGES TO SERVICES

    • In accordance with section 17 of the Consumer Protection Act 68 of 2008, the Client is entitled to cancel this Agreement at any time before the hired goods are to be collected and/or delivered, but subject to the Service Provider charging a reasonable cancellation fee.
    • The Service Provider will do everything possible to accommodate a date change, but given the advanced nature of bookings, and the likely loss the Service Provider will incur (by turning down other future events or bookings), a date change (for whatever reason, howsoever arising) will be treated the same as a cancellation of the booking.
    • Each cancellation will be reviewed on its own merits and according to its own unique circumstances to determine the applicable cancellation fee.

LIMITATION OF LIABILITY AND INDEMNITY

    • While every reasonable effort will be made to deliver an exceptional service, the entire liability of the Service Provider to the Client for any claim or loss arising out of this Agreement will be limited to the Service Fee amount paid by the Client.
    • The Service Provider will not be held liable in the event of destruction, delay, loss or damage caused by a force majeure or supervening impossibility. In such an event, the Service Provider will notify the Client, and at the Service Provider’s discretion will either cancel this Agreement and return all amounts paid.
    • In the event that a décor piece and/or furniture item and/or other item chosen by the Client is not available, the Service Provider will inform the Client and at the Service Providers own discretion, replace the item with the closest available alternative.
    • The Client indemnifies the Service Provider from all liability, claims and expenses, arising from the Client’s unlawful conduct.
    • The Client indemnifies the Service Provider from all liability, claims and expenses, arising from any damage, injury or loss to the Client and/or Clients guests’ that may arise out of this Agreement.
    • The Service Provider does not undertake to guarantee any specific outcome, style or design and the Client uses the Goods and/or services of the Service Provider at his or her own risk.

BREACH

    • If any Party breaches any provision or term of this Agreement and fails to remedy such breach within five (5) business days of receipt of a written notice from an aggrieved Party requiring it to do so, then the aggrieved Party will be entitled without notice, at its option:
      • to seek immediate specific performance of any of the defaulting Party’s obligations under this Agreement, whether or not such obligation is then due; or
      • to cancel this Agreement, in which case written notice of the cancellation shall be given to the defaulting Party and the cancellation shall take effect on the giving of the notice;
      • and in either event the aggrieved Party shall be entitled to claim any damages it has suffered.
    • The aggrieved Party’s remedies in terms of this clause are without prejudice to any other remedies to which the aggrieved Party may be entitled at law.

GENERAL

    • Neither Party may cede its rights or delegate its obligations under this Agreement without the prior written consent of the other Party.
    • This Agreement contains the entire agreement between the Parties in regard to its subject matter. Neither Party will be bound by any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded in this Agreement, whether it induced the contract and/or whether it was negligent or not.
    • No variation, amendment or consensual cancellation of this Agreement or any term hereof will be binding or have any force and effect unless reduced to writing and signed by or on behalf of the Parties.
    • Any extension of time or waiver or relaxation of any of the terms of this Agreement will be construed as relating strictly to the matter in respect of which it was made or given and will not operate as an estoppel against either Party in respect of its rights under this Agreement. Moreover, no failure by either Party to enforce any term of this Agreement will constitute a waiver of such term or affect in any way such Party’s right to require the performance of such term at any time in the future, nor will a waiver of a subsequent breach nullify the effectiveness of the term itself.
    • If any term or part of any term of this Agreement is for any reason whatsoever, including a decision by any court, any legislation or any other requirement having the force of law, declared or becomes unenforceable, invalid or illegal, the remainder of this Agreement shall not be affected and the invalid provision or part shall be replaced or amended, so far as it is necessary to maintain the purpose and continuity of this Agreement.
    • The Parties acknowledge that they have been free to secure independent legal, tax and other advice as to the nature and effect of all the terms of this Agreement and that they have either taken such independent legal and other advice or dispensed with the necessity of doing so.
    • This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same agreement.
    • This Agreement shall be governed in all respects by and will be interpreted in accordance with the laws of the Republic of South Africa.