General Terms & Conditions of doing business with CMS Australasia
1. General Information
1.1 If you are hiring on behalf of a business or organisation you (the hirer) are confirming that you have the necessary authority to enter into this contract on behalf of that business or organisation and you will indemnify CMS Australasia and entities against all losses and expense which may be incurred if this is not that case
1.2. Please refer to your (the hirer) contract for Terms and Conditions relating directly to your event
2. Contract – definition
2.1. Contract(s) will take the form of a written quotation or proposal. Quotations or proposals will be valid for 30 days from the date stated on the document, unless otherwise stated in the quotation or proposal
2.2. The contract will be formed when you indicate confirmation of the quotation or proposal with a signature and return by email, in person, by fax, or phone confirmation is provided
3. Payment Terms
3.1. All confirmed contracts must be paid in full prior to the first day of hire/event unless an application for credit terms has been submitted and approved
3.1.1 Contracts proposed equal or over $30,000 ex GST will be requested to confirm payment terms of 50% deposit exclusive of GST due and payable upon acceptance of the quotation or proposal, with remainder paid in full prior to the first day of hire/event.
3.2. Any additional requirements that are not included in the original contract must be further approved by you (the hirer), and paid within seven (7) days of the first day of hire/event
3.3. All costs associated with recovering payments will be added to the invoice ie. debt recovery costs, associated administration costs, overhead portion cost
4. Cancellation
4.1. Cancellation of a confirmed contract made sixty (60) business days to fourteen (14) business days before the hire/event date may incur an administration fee of 10% of the agreed contract amount. This will be added to the hard costs already outlaid by CMS in regards to the contract, such as travel and accommodation bookings, transport bookings, custom-made and branded items particular to the event, and pre-production works done up to and including the date of cancellation. This will be applied at the discretion of CMS Australasia
4.2. Cancellation of a confirmed contract made thirteen (13) business days to seven (7) business days before the hire/event date may incur an administration fee of 25% of the agreed contract amount. This will be added to the hard costs already outlaid by CMS in regards to the contract, such as travel and accommodation bookings, transport bookings, custom-made and branded items particular to the event, and pre-production works done up to and including the date of cancellation. This will be applied at the discretion of CMS Australasia
4.3. Cancellation of a confirmed contract made less than seven (7) business days to 48hrs before the hire/event will incur a cancellation fee to the value of 50% of the agreed contract. This will be added to the hard costs already outlaid by CMS in regards to the contract, such as travel and accommodation bookings, transport bookings, custom-made and branded items particular to the event, and pre-production works done up to and including the date of cancellation.
4.4. Cancellation of a confirmed contract made within 48 hours of the hire/event will incur up to 100% of the agreed contract amount
4.5. Cancellation of a confirmed contract where a deposit has been paid, will have hard costs already outlaid by CMS in regards to the contract, such as travel and accommodation bookings, transport bookings, custom-made and branded items particular to the event, and pre-production works done up to and including the date of cancellation deducted from the deposit. If that deposit is less than the amount owed for cancellation, CMS will invoice the difference
5. Delivery
5.1. Delivery will be made in accordance with the details specified in the contract and will be charged in accordance with the contract
6. Equipment
6.1. Unless agreed prior to the hire/event, you or associated parties are not to operate or handle equipment belonging to or under the responsibility of CMS Australasia
6.2. If use of equipment by you or associated parties is agreed upon and a CMS representative is not present during the set-up, operation or pack-down of such equipment, you shall be solely responsible for the safe and responsible operation of such equipment and will be fully liable for any loss and damage to the equipment, or caused by the placement or operation of the equipment
6.3. If equipment is being left overnight or for periods of time outside of operation hours, you (the hirer) must provide adequate security for the equipment. You (the hirer) will be fully liable for any loss and damage to the equipment, or caused by the placement or operation of the equipment
7. Insurance and Damage Waiver
7.1. CMS Australasia Pty Ltd holds public liability and professional indemnity insurances covering CMS Australasia Pty Ltd
7.2. You (the hirer) are required to maintain your own insurance in relation to event and related goods and services
7.3. The damage waiver included covers accidental loss or damage to equipment during the period of hire/event. This does not constitute insurance cover. Any accidental or deliberate loss or damage to a value greater than that charged in the hire cost will be charged at the discretion of CMS Australasia Pty Ltd in accordance with real cost of repair or replacemen
8. Force Majeure
8.1. If CMS Australasia is unable to perform any of its obligations for any reason beyond its control including acts of God, inclement weather, strikes, lockouts, riots, acts of war, then CMS Australasia may give written notice to the hirer with full details of force majeure which will release CMS Australasia from the obligations of the contract for the duration of the force majeure
9. Termination of hire contract
9.1. CMS Australasia is entitled to terminate the contract immediately and repossess equipment if there is any breach of the terms and conditions above or if continuation of the contract poses physical danger to CMS employees, event attendees or to you (the hirer).