Terms & Conditions

QUOTATIONS

Any quotation is merely an invitation to you to place an order with us.

If you offer to hire equipment based on a quotation from us, then your offer is subject to these terms & conditions.

We are not obliged to accept any orders from you, but if you do place an order with us & we do accept your order or if we do supply you with equipment, then it becomes binding contract the moment that we accept it.

HIRE FEES & PAYMENT TERMS

All quotes provided expire within 30 calendar days. Lens Flare Photo Booths reserves the right to adjust the prices in any quotation once the expiry period has been reached. Equipment is hired on a ‘first come, first served’ basis and a quotation does not guarantee the availability of any/all items.
Hirer must pay the hire fees specified in Lens Flare’s quote supplied to You for the duration of the Hire Period and in accordance with this Agreement.
In respect of the hire of Equipment, the Hirer acknowledges that Equipment are quoted & charged on a period of 24 hours and excludes GST (unless otherwise specified) even in the event that the Hirer does not require the Equipment for a full period of 24 hrs,
All hire fees are to be PREPAID at least 7 calendar days prior to the date of the commencement of the confirmed hire with a copy of the proof of payment sent through to notify Us of the payment being made. If the Hirer does not comply with this, the Equipment will not be released on the required date of the hire.
A 10% surcharge will be incurred on state public holidays
The standard Hire Fees are in Australian Dollars &

any repair charges to damages caused to the hire equipment during the period of hire
any additional travel, parking or accommodation charges
credit card charges and
any other charges or costs described in our quotation to You.

HIRE PERIOD

Hire rates are based on a 24 hour time period. Extended hire periods can be arranged in the original booking of the Hirer and will depend on the availability of Equipment.
Lens Flare Photo Booths will provide a quote for an extended hire period on the request of the Hirer.
The period of hire of the Equipment shall commence (on whichever comes earlier) on the date on which You take possession or on delivery of the Equipment to the address nominated by You.
The period of hire will continue for the minimum period of hire specified in Lens Flare’s quote to Hirer.
We agree to hire You the Equipment on an exclusive basis in good working order, free from defects. We hire our Equipment by specification and guarantee that they are fit for the purpose for which equipment of that kind are commonly supplied. Unless specifically stated in writing on the quotation, We take no responsibility for the suitability of the use of the equipment. You agree that before taking possession of the equipment, that You have satisfied Yourself as to the suitability, condition and fitness for the purpose that You intend to use them.
Any extension to the Hire Period is subject to Lens Flare's prior agreement and We are not liable, if for any reason, the Equipment are not available for hire after the expiry of the Minimum Hire Period.

DELIVERY & RETURN

There must be a site contact available at all times during the delivery and collection days to receive & sign for both the delivery and collection. The Hirer must provide Lens Flare Photo Booths with the name/s of this person/s and contact details.
Drop off access must be arranged by the Hirers prior to driver arriving.
If Lens Flare Photo Booths is setting up Equipment, the Hirer is responsible for allowing sufficient time and access to the venue for set-up.
Upon delivery, collection or return of the Equipment, the Hirer must check the Equipment and quantities delivered (or returned). If there are any discrepancies between the Equipment delivered and the quoted order or return docket, the Hirer must note them at the time of delivery or collection by amending the relevant documents In the presence of a Lens Flare representative.
Lens Flare will endeavour to perform deliveries and collections of the Equipment at the times indicated by the Hirer, but will not under any circumstances be liable for any delay in delivery or collection or for failure to deliver or collect due to whatever reason.

Terms &

conditions

Lens Flare, We, Us, Our (and similar expressions), refers to Lens Flare Photo Booths (ABN 13 598 270 328 )

You, the Hirer (and similar expressions), refers to the person, corporation, trust or partnership hiring equipment from Us and whose name appears in the Delivery Documents.

These conditions prevail even if they are inconsistent with anything in any earlier or later order form or similar document.

Any quotation, credit application, delivery docket or any hire schedule form part of these terms, whether signed by You or not (together with the terms, “the Agreement”).

In return for us agreeing to consider your order, you agree that these conditions apply.

You should read and consider carefully these terms and conditions before taking delivery.

For the purposes of this Agreement, "Equipment” shall mean any and all items described in the quotation or provided to You whatsoever pursuant to this Agreement.

Lens Flare always remains the owner of the Equipment. The Hirer holds the equipment as Bailee only during the Hire Period. We retain title to the equipment even if You were to go into bankruptcy or liquidation during the Hire Period.
The equipment shall be at Hirers risk from delivery or collection by You (whichever is the sooner).
If the equipment is sold to You, ownership of the equipment will remain with Us until all amounts owing by You (to Us) are paid in full. If You do sell the equipment in the ordinary course then You agree that You must hold any proceeds from the sale of the Equipment as trustee and agent of Lens Flare & that You will place the same in an ADI account, separate from Your own monies and You must not allow any person to have control of or grant a security interest over the proceeds or the accounts in which they are held.

DEPOSITS

Upon the confirmation of the quote a 50% non-refundable deposit is required in order to secure the booking for the required Equipment for Your required date. This deposit will be deducted from the total amount payable
Deposits are required for all orders, with the exception of:

Orders placed less than 14 days from delivery require full payment to secure the booking.
All "Custom / Special Purchase Equipment" requires full payment at the point of booking to commence manufacture process, buying or cross-rental expenses.

Booking deposits paid are non-refundable to cancellation, change-of-mind or change of date.

CANCELLATIONS

You may cancel any order at any time prior to delivery of the Equipment, but if you do so a cancellation fee of
50% applies if you cancel by giving less than 72 hours’ notice or
100% of the Hire Fee if you cancel by giving us less than 24 hours’ notice.
No refund applies to deposit amounts.
Any refunds will incur an administration fee of $95.00 which will be automatically deducted from your refundable amount should a refund is eligible.
No refund applies for Equipment cancelled on delivery.
No refund applies to cancellations of Custom Built or Special Purchases
Cancellations made more than 14 days from delivery will receive a full refund of any funds remitted.
Cancellations made less than 14 days from delivery will be required to be paid. The remainder of the bill must be paid in full as the cost of Equipment is considered cost of lost opportunity to Lens Flare Photo Booths.
All cancellations are to be made in writing by email or letter by the Hirer stated on the invoice and can be sent to:

Lens Flare Photo Booths,

65 Sunrise Boulevard,

Byron Bay, NSW,

2481

or via email to

info.lensflare@gmail.com

DAMAGES

For all events a compulsory 5.5% Damage Waiver is payable by the Hirer on the total quotation

The Damage Waiver is payable by the Hirer to cover all costs associated with the normal wear and tear to the Equipment and any accidental damage to a particular item of Equipment, provided that the replacement cost and/or cost of repairs to any Equipment which was damaged does not exceed 10% of the hiring fee for the particular item.

This waiver does apply to any other damage to Equipment including:

Damage resulting from misuse, abuse or improper servicing of Equipment;
Damage due to mysterious disappearance of the Equipment;
Damage caused by the use or operation of Equipment in contravention of any of the conditions of the Agreement;
Damage to, or loss of, the Equipment from any unknown cause. (fire damage and theft)
In the event that the Equipment are lost or damaged in circumstances where a claim can be made upon insurance effected by Lens Flare pursuant to these Terms then the Hirer must;
Report the damage or loss to Lens Flare and the Police (If appropriate) immediately upon the Hirer becoming aware of such loss or damage;
Provide all necessary co-operation to Lens Flare, the Police and the insurer in respect of any claim;
Immediately upon demand pay to Lens Flare a minimum excess of $750 per claim;
This provision does not in any way affect the Hirer's liability for any loss or damage to the Equipment or any monies payable pursuant to those Terms.

THE HIRER’s OBLIGATIONS TO US

The Hirer must:

keep the Equipment in proper working order and condition;
store the Equipment safely and securely and protected from theft, seizure, loss or damage;
not alter, tamper, damage or repair the Equipment without our written consent;
not remove any label, identifying mark or safety instruction from the Equipment or equipment;
not remove the Equipment from the location described in the quotation (unless otherwise specified);
allow Us (or our nominated person) at any time during the Hire Period, to enter the premises where the Equipment are stored to inspect or collect the Equipment;
notify Us immediately if there is any loss or damage.
If the Equipment are damaged (other than fair Wear and tear) and capable of repair, the Hirer must compensate Lens Flare for the cost of the repair.
If the Equipment are lost or damaged beyond repair, the Hirer must pay Lens Flare the new replacement cost of the Equipment and any other costs incurred by Us due to the loss or damage of the Equipment.
Hirer must not sell, offer for sale, part with possession of, assign, transfer, charge, encumber or otherwise deal with the Equipment or these Terms in any way without Lens Flare’s prior written consent.

INDEMNITY & LIMITATION OF LIABILITY

NOTE: All props are used and therefore reasonable signs of wear and tear will show as they are continual hire items.

The Hirer assumes all responsibility for the Equipment from the time of delivery until collection by Lens Flare Photo Booths and is liable for all Equipment damaged or lost during this period.
The Hirer assumes all responsibility for the Equipment from the time of delivery until collection by Lens Flare Photo Booths and is liable for all Equipment damaged or lost during this period.
Insurance is not covered by Lens Flare Photo Booths once the Equipment has left the warehouse location (65 Sunrise Boulevarde, Byron Bay, NSW, 2481).
The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect Lens Flare Photo Booths Equipment against all claims, loss or damage of whatever nature or type.
Any Equipment used outside is done so entirely at the risk of the Hirer.
In no case should the Equipment be used or left outside in the rain or overnight.
If an item is returned damaged but repairable, you will be sent an invoice for the cost of repairs and payment is required within 7 calendar days from the issue of the invoice
The Hirer agrees that all charges for hire loss, hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charges will be paid by the Hirer.
All guarantees, terms, conditions, warranties, undertakings or representations express or implied in any way relating to this Agreement are excluded to the maximum extent permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guarantee imposed or implied under the Australian Consumer Law (if applicable) which contains guarantees to protect consumers of certain equipment and services.
To the extent that We are able to determine the same our liability for breach is limited to (at our sole discretion):

in the case of Equipment, the repair or replacement of the Equipment or the supply of substitute Equipment (or the cost of doing so); or
in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Save for any liability that We may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Hire Fees paid by You under this agreement.
Subject to the provisions of this Clause, We are not liable for any consequential, indirect or special loss or damage, loss of profits, loss of business, business interruption, costs or amounts that You are liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
You must indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred against or by Us in respect of:

personal injury;
damage to tangible property; or
a claim by a third party,

In respect of Use of the Equipment. To the extent that our loss is caused by our negligence, Your liability is diminished.

GENERAL

These Terms are governed by the laws of the relevant State of Australia and each party submits to the non-exclusive jurisdiction of the courts of that State. A provision of or right created under this Agreement will not be waived by Lens Flare or varied except in writing signed by an authorised representative of Lens Flare. A waiver by Lens Flare of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided. If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason than that part will be read down or severed from this Agreement without affecting the validity or enforceability of the remaining provisions. You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to You by Us. The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement. We may complete any blanks on any form on Your behalf.