Terms and Conditions
- In these terms and conditions, unless the context otherwise requires:
- Client means the person or organisation named on the Quote as the Client;
- (b)Display means a floral installation or any props or display provided by KCE exhibited at the Client’s business premises for an agreed period be it fresh or artificial
- (c)Event means the event described in the quotation provided by KCE;
- (d)Event Date means the date of the Event recorded on the Quote;
- (e)Force Majeure Event means any event reasonably outside the control of KCE including, but not limited to war, fire, riot, natural disaster, epidemic, pandemic, act of terrorism, civil unrest, government (central or local) orders, unavailability of supplies, explosion or accident;
- (f)Hire Period means three consecutive days after the date that the Hired Equipment is delivered to, or picked up by, the Client;
- (g)Hired Equipment means floral or other displays, posters, backdrops, furniture and any other item provided by KCE, including Bonded Items, for an Event;
- (h)KCE Limited means the company trading as Kim Chan Events;
- (i)Quote means the quotation given by KCE to the Client outlining the services to be provided by KCE and the cost for those services and use of any Hired Equipment;
- (j)Services means the services to be provided by KCE for the Event on the Event date and recorded in the Quote.
- The Client is liable for the total amount of the Quote, which is payable in two payments in the manner set out below:
- (a)payment of 50% of the quoted amount (being a non-refundable deposit) plus the amount of any Bond is payable on acceptance of the Quote (the Deposit);
- (b)payment of the balance of the quoted amount, being 50% of the quoted amount, is payable two weeks before the Event Date (the Final Payment).
- No booking is confirmed or dates reserved until the Deposit has been received by KCE.
- The Final Payment is payable regardless of whether the Event takes place on the Event Date or not. [does later FM clause need to override this?]
- Hired Equipment
- Ownership of the Hired Equipment
- The Hired Equipment shall not be used during the Hire Period on any day other than the Event Date.
- The Client agrees to return the Hired Equipment to KCE within the Hire Period.
- There are no discounts for Hired Equipment returned before the expiry of the Hire Period.
- KCE reserves the right to:
- (a)charge the Client an amount equivalent to the cost to replace any Hired Equipment that is damaged or lost prior to the return of the Hired Equipment;
- (b)charge the Client an amount equivalent to the cost to replace the Hired Equipment if Hired Equipment is returned after the expiry of the Hire Period.
- Bond Payment
- If high value items are included in the Hired Equipment (the Bonded Items), KCE may charge the Client a refundable bond (the Bond).
- If a bond is being charged, the amount of the bond and a list of the Bonded Items will be listed in the Quote.
- The Bond will be fully refunded to the Client on return to KCE of the Bonded Items, provided the Bonded Items are in the same condition as they were in on delivery to the Client and are returned within the Hire Period.
- If any of the Bonded Items are damaged or lost prior to their return to KCE, the Client is liable for their replacement cost(s) and KCE may deduct and retain from the Bond an amount equivalent to the replacement cost of the damaged or lost Bonded Items.
- If any of the Bonded Items are not returned to KCE prior to the expiry of the Hire Period, KCE reserves the right to deduct from the Bond any amount that KCE incurs as a result, whether by replacement or otherwise.
- In the event that KCE deducts money from the Bond in accordance with this clause 4 and there is a balance remaining, KCE shall repay the balance to the Client.
- In the event that the Bond is insufficient to cover:
- replacement costs of damaged or lost Bonded Items; or
- costs incurred by KCE by reason of Bonded Items not being returned within the Hire Period,
the Client shall pay the difference to KCE immediately on request.
- KCE, and any professional photographer engaged by KCE, is permitted to take photos at the Event of:
- (a)any of KCE’s displays that use Hired Equipment;
- (b)Decor, theming and table set ups using equipment owned by the Client.
- KCE may use the Event Photos for promotional and advertising purposes, including on KCE’s website and social media.
- If the Client does not consent to photos being used by KCE, the Client must notify KCE in writing at the time of booking, and before the deposit is paid.
The Client agrees to KCE asking photographer engaged by Client for use of photos, In doing so KCE we will follow their intellectual property requirements.
- Title and Risk
- The Client acknowledges and accepts that at all times when Hired Equipment is in the possession of the Client:
- (a)KCE retains title to the Hired Equipment;
- (b)the Hired Equipment is possessed by the Client merely as bailee;
- (c)the Client has no right to agree, attempt, offer to sell, assign, sublet, pledge, mortgage, let on hire or otherwise part, assign, part with possession of or otherwise deal with the Hired Equipment;
- (d)all responsibility lies with the Client for safekeeping of the Hired Equipment;
- (e)KCE accepts no liability for any claims in respect of any injury to persons or damage to property arising out of use of the Hired Equipment however caused;
- (f)the Client is responsible for any permits that may be required to use or operate the Hired Equipment;
- (g)the Client shall be liable for any costs or penalties due to the Hired Equipment creating an obstruction, including without limitation any local authority fines, towage costs, seizure or impoundment costs; and
- (h)the Client is liable for replacement due to loss of or theft or damage to the Hired Equipment.
- If the Client wishes to change the number of tables, they must inform KCE at least one month before the Event Date.
- The Client is required to view and sign off on final copies of any printing requirements at least two weeks prior to the Event Date.
- For online residential deliveries of flowers or other items, cancellation instructions must be received by the Company at least 48 hours before the requested delivery date.
- KCE will supply, install and deliver the Display in accordance with the Quote provided;
- KCE will maintain the Display as reasonably required by the Client;
- The Display remains the property of KCE at all times.
- KCE and the Client agree that if the Client is acquiring goods for business purposes then pursuant to:
- (a)section 5D of the Fair Trading Act 1986 (FTA), the parties agree that sections 9, 12A, 13 and 14(1) of the FTA do not apply to this agreement; and
- (b)section 43 of the Consumer Guarantees Act 1986 (CGA), the parties agree that the provisions of the CGA do not apply to this agreement.
- Failure by KCE to insist on strict performance of any term(s) of this agreement shall not constitute a waiver of any of KCE’s rights or remedies and is not a waiver of any subsequent breach or default by the Client.
- This Contract is personal to the Client and neither the Contract nor any rights arising under it may be assigned.
- Except where KCE is in breach of a guarantee in terms of the Consumer Guarantees Act 1993, the Client in entering into this agreement acknowledges that in all other circumstances whatsoever KCE shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (whether in contact or in tort) including that resulting from the negligence of KCE or arising by operation of law and whether suffered by the Client and/or third party for any amount that exceeds the amount actually paid by the Client to KCE pursuant to this agreement.
- If KCE is unable to provide the Services due to a Force Majeure Event, KCE shall not be liable for any breach of this agreement and may cancel this agreement without being liable for any loss or damage resulting therefrom by the Client.
- If KCE cancels this agreement pursuant to clause 9.6, KCE shall pay the Client a fair proportion (as determined by KCE acting reasonably) of the money paid to KCE by the Client at the date of cancellation (the paid funds). In determining what is a fair proportion of the paid funds, KCE’s shall base its determination on how much of the paid funds it has used as at the date of cancellation.
- The Client will indemnify KCE against all loss, theft or damage to the Hired Equipment while in the Client’s possession howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft or damage is attributable to any negligence, failure or omission by the Client.
- The Client will indemnify KCE from any penalties or other obligation incurred due to the Client’s failure to obtain or comply with any licence or permit required to use or operate the Hired Equipment or be obtained in relation to the Event.
- If in the event that any part of this agreement is determined to be invalid, unlawful, or unenforceable for any reason, such terms and conditions will be severed from the remaining terms and conditions which will be valid and enforceable to the fullest extent permitted by law.
- Unless required by law, KCE will not provide the Client’s information to any third party without the Client’s consent.
12. Should payment to KCE be outside of, or beyond KCE’s payment terms, the Client will be liable for all costs, fees, damages, and expenses including legal costs (on a full indemnity basis) and all other fees incurred by KCE in recovering any amount outstanding.
13. In this case the client authorise disclosing personal information for the purpose of appointing an agent to collect any debts and listing defaults with a credit reporting agency.