Lease Agreement

 

Definitions

 

The Supplier shall refer to as “Neon Daddy” from here on in. The renter entering into the contract will be referred to as the “Leasee” from here on in.

  

Terms and Conditions

 

  1. The Leasee enters into a contract and agrees and accepts the terms and conditions from the date they make a booking with the supplier. 
  1. The company/and or person who has made the booking is liable for all payment. Payment will be required before the event via EFT, credit card or cash. Only VISA and MasterCard credit cards are accepted. 
  1. If agreed upon prior between the Supplier and the Leasee, cash payment may be accepted on the event day. The person hiring the equipment must be there at the time the equipment is delivered to pay in cash or have provided the money to another person who will be present. The Leasee must have the correct change in cash. If that Leasee or representative for that Leasee is not there to provide the cash on delivery, the Supplier reserves the right not to deliver the equipment or charge the credit card provided at the time of the booking. 
  1. If a bond is required for the booking and requested by the Supplier, this shall be paid in full by the Leasee by EFT within 7-days of the event date. Cash bond may be provided on the event date if agreed upon prior. The bond shall be returned to the Leasee upon pick up and inspection of the equipment. Any damages to the equipment may result in a deduction from the bond. 
  1. Supplier will request credit card details or a bond to cover for any damages, theft, cancellations, cleaning or inability to access the equipment to be picked up at the agreed time. By making a booking, you authorise for your credit card to be charged in the case that any equipment is lost, stolen, damaged, requires cleaning if a booking is cancelled or is unable to be picked up. 
  1. All bookings require a 50% deposit of the total booking value to confirm the leased equipment. Full payment of the leased equipment must be made within 7-days of the event date, if payment is not received, the Supplier reserves the right to cancel the booking with no refund of the deposit. 
  1. Cancelled bookings outside of a 7-day period from the event date can receive a full refund of their deposit. Cancellations within a 7-day to 48-hour period from the event date shall not have their deposit returned. Bookings cancelled within a 48-hour period incur a 100% cancellation fee of the original booking value. If items are removed from an order or quantities reduced, a cancellation fee will also apply to these items at 50% of the value for each cancelled item, outside of the 48-hour period from the event date and 100% if within the 48-hour period of the event date. Cancellation of bookings as a result of Covid 19 restrictions will be dealt with on a case by case basis at the sole discretion of the Supplier. A credit can be issued if a minimum of 48 hours’ notice is given. By providing your credit card details, you give permission to the Supplier to charge the card for any cancelled bookings. 
  1. The Supplier reserves the right to change the prices/specials on the site at any time without notice. 
  1. In the event that a credit is applied to a booking granted by management, the customer has 6 months to use this credit from the time of the original booking.  
  1. The Supplier reserves the right to reschedule a booking if it is a safety risk to deliver or set up equipment, in the case of extreme weather conditions such as torrential rains, hail, strong winds, flooding, extreme thunderstorms, earthquake or an area being restricted from access due to a terrorist attack. Should we not be able to deliver at a later time on the event date, we will happily deliver on the next available day. Should the event have to be cancelled for one of these reasons and your event can’t be rescheduled to another time, a credit of 50% of the original booking can be applied for a future booking. 
  1. The hire is for one day, unless agreed upon mutually in writing by both parties. Failure to return the equipment or inability for our drivers to access the equipment for pick up will incur a daily charge for the equipment for any days beyond the agreed hire period. This may be taken from the bond, and any additional charges incurred may be charged to a credit card or invoiced. 
  1. The Leasee accepts full responsibility for the equipment once they take possession of the equipment. This is from the time it is delivered, to the time it is collected. In the case that the driver is held up on the day and will not make the scheduled pick up time, you are still liable for the equipment until the time the driver arrives. The Leasee is liable for the replacement cost of any equipment that is stolen, goes missing, vandalised or damaged, this includes any damages related to weather whilst under the possession of the Leasee. No refunds are given in the event that weather damages any equipment or that it is vandalised. 
  1. The Leasee is responsible for having someone available to take delivery of the equipment at the nominated date and time. If the Leasee fails to be there at that time, an additional delivery fee will be charged to re-deliver the equipment at another time. Delivery and collection is done between the hours of 8am-4pm, seven days a week, excluding public holidays, unless otherwise agreed upon. Should you require a specific time delivery, an additional fee may apply. A time window is set of 4 hours, and your delivery will be allocated to a slot eg 8am-12pm. This can be provided to you on the week of the event. Same day collections may incur an additional fee to allow us to place a separate driver on for your event. 
  1. Delivery of all equipment is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the equipment is more than 10 metres away from where our vehicle can park. Extra charges also apply for stairs, steep descents and going up levels in buildings. The Leasee is responsible for telling us via email if the delivery has any of these conditions. Failure to do so will result in extra charges, and in extreme cases refusal to deliver. Extra charges will be taken out of the bond, the Leasees credit card or will be payable on the day in cash. 
  1. If the Leasee requires setup, this service can be offered, and must be pre booked prior to the delivery date to ensure the extra set up time is factored into the delivery schedule. The Supplier can only assist with basic setup of the leased equipment from Neon Daddy. All other equipment is the responsibility of the Leasee to set up. Instructions can be provided via the phone by calling one of our Daddies. All equipment will be placed in a neat stack for the Leasee to set up in their own time, if required. 
  1. The Leasee assumes proper knowledge in the operation and handling of the equipment and follows general safety precautions and does not hold Supplier responsible for any injury caused to themselves or others whilst moving or setting up any equipment. 
  1. The equipment remains the property of Supplier at all times. The Leasee may not transfer this contract to another party without written consent of Supplier. 
  1. The Leasee must inspect and check all equipment and notify the Supplier at the time of delivery if there is any equipment missing, damaged or unfit for use. Failure to do so will see the Leasee responsible for any damages or missing equipment upon pick up. 
  1. No warranty is provided by the Supplier for the equipment’s fitness for any particular use. No responsibility is taken for any damages which may be caused by the hire equipment. In the event of adverse weather conditions, we take no responsibility if the equipment cannot be used. In the event that weather damages our equipment, the customer will be responsible for any damages or losses.  
  1. Customers providing email addresses upon booking agree to periodically receive email specials. If you do not wish to receive these, please notify our team when booking so you are not included in the email newsletters. 
  1. The laws of Victoria shall govern this agreement. 
  1. Th Leasee agrees to defend, assume liability for and indemnify the Supplier from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs from third parties, arising out of or resulting from the use of the equipment, regardless of the basis. 
  1. The terms and conditions can only be amended by Supplier. 
  1. Any changes to this contract must be written and signed by both Leasee and Supplier. Verbal agreements are non-binding. The latest contract supersedes all previous contracts between the Leasee and the Supplier. This agreement binds and benefits the heirs, successors and assignees of the parties. 
  1. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable. 
  1. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.