These terms define the basis of their relationship with you the Client. They are there to protect both parties by clearly and concisely defining the mutual obligations.
A. Definitions In this document the following have defined meaning: "CovUp" means CoverUp Wedding & Event Hire. - ABN 75 281 578 944 "Client" means the person, entity or business (or their authorized representative) that is the purchaser of the Products and Services offered by CovUp; "Agent" means a person entity or business acting on behalf of the Client; "Services" means the Products or Services or Hire Items or Support Programs on offer from CovUp."“Event" is the situation bringing CovUp together with the Client.
B. Construction This document and documents referred to by this document, constitute the entire agreement about CovUp's sale of Products or Services to Clients. This document supersedes all prior understandings, arrangements and agreements.
1. This Agreement between CovUp and the Client
1.1 Placing an Order with CovUp for Products or Services constitutes an acceptance by the Client of the terms and conditions of this Agreement. Except as required by Law and only then to the extent the Law requires, any qualification or variation to these terms and conditions contained in any document issued by the Client will be of no force or effect unless agreed to in writing by CovUp.
2. Orders
2.1 Orders will be accepted only if they are in writing and communicated by hand, mail, fax, email, to CovUp by the Client.
2.2 A verbal Order from the Client, communicated in person, by telephone or by some other means; (or a text message communicated by telephone) may be accepted at the absolute discretion of CovUp. If required, a Statutory Declaration signed by the CovUp staff member accepting the order shall be taken as evidence that the order was placed.
2.3 Orders placed on behalf of a Client by a third party Agent shall become due and payable by the Agent if denied by the Client.
2.4 All orders placed by the Client are subject to acceptance by CovUp at their absolute discretion; including times when insufficient supply or circumstances prevent CovUp from fulfilling an order.
3. Payments
3.1 When purchasing or renting our products a 50% Non Refundable deposit is required on acceptance of Quotation, 10 days prior to wedding or event (or) on issue of Proforma Tax Invoice. Payment options, Electronic Banking by Direct Deposit, Cheque, Money Order, Cash.
3.2 When purchasing products on special order (items to be made or supplied to order) There is a NO cancellation allowed, also a 50% Non Refundable deposit is required on acceptance of Quotation, (or) on issue of Proforma Tax Invoice. Balance payable in full (cheques must be cleared) prior to dispatch.
3.3 A Proforma Tax Invoice will not be issued until acceptance of order has been confirmed either, by email, in writing, by fax or on signing and returning the Quotation Form.
3.4 We allow for a reduction of (-10%) of Items ordered if numbers are reduced. (except were Items are specially ordered in or made).
3.5 Items ordered can be increased and added to Proforma Tax Invoice providing stock is available. All items ordered (either Rental or Sales) must be paid in full (cheques must be cleared) prior to dispatch.
3.6 The price for Products or Services ordered by the Client will be as shown on an CovUp Proforma Tax Invoice to the Client. This Invoice will show any items priced on the official CovUp Proforma Tax Invoice plus any additional items ordered verbally by the client during or prior to an Event. Payment must be made in full by the Client (cheques must be cleared) prior to dispatch of any items.
3.7 Delivery of Products or Services by installments over time may be invoiced separately and must be paid for accordingly.
3.8 A 50% Non refundable deposit is required by CovUp on acceptance of an order. The deposit amount may be varied at the sole discretion of CovUp.
3.9 The Client will be liable to pay interest on any overdue amount at the annual rate of 12% calculated daily from the date of Invoice to the date the overdue amount plus all accrued interest is paid.
3.10 If an Invoice remains unpaid in full or part for 60 days CovUp may submit the Client account to a collection agency and may recover the outstanding amount specified in the invoice including interest, legal costs, bank fees and charges and other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts paid to any collection agency acting on CovUp's behalf.
4. Title
4.1 Title of Products Sold by CovUp to the Client are transferred to the Client only when paid for in full (including any overdue interest).
4.2 If the Client breaches these terms or any sales contract made between CovUp and the Client, the Client authorizes CovUp to enter any premises where the Product or Services are located so that CovUp may inspect and/or reclaim the Products or Services.
5. Delivery
5.1 The Client always has the choice of collecting the items ordered (or) arranging outside transport companies or couriers of there choice and paying for there services. (or) asking CovUp to quote for delivery using there preferred transport company or courier.
5.2 CovUp are not liable for any loss or damage to items ordered once dispatched. If the client has paid for CovUp to arrange delivery, CovUp will engage the most reputable transport company or courier available at the time, and if requested pass on to the client all information regarding the delivery including, time/date of collection anticipated delivery date, tracking numbers if available. Once dispatched from CovUp and collected by a transport company or courier the client agrees to take full responsibility for the delivery or non delivery whatever the cause.
CAUTION: Please provide your correct contact phone number as it is very important for the transport company or courier to ensure there is someone there to receive parcels. Otherwise there may be some delay in the delivery of your product.
5.3 CovUp will use its reasonable endeavors to ensure Delivery and Delivery/Pack-Down times, as scheduled, are adhered to. Scheduled times provided to the Client are however only planned estimates and CovUp will not be liable for any loss, damages, or delay suffered or incurred by the Client arising from variations in the time of delivery or non delivery of Services whatever the cause.
5.4 Delivery by CovUp to a third party carrier will be deemed to be delivery to you the Client. Product or Services ordered by the Client will be delivered to the delivery address provided by the Client and set out on the CovUp Proforma Invoice. CovUp reserves the right to charge for delivery if CovUp so chooses for whatever reason.
5.5 Inspection and Acceptance after delivery - all Products and Services ordered by the Client should be inspected by the client as soon as possible after delivery. Any notice in relation to non-delivery or incorrect delivery must be made to CovUp in writing and delivered by hand, fax or email to sales@coverup.com.au within 3 days of delivery and prior to use of the items (whichever comes first).
If no such notice is issued, the Products or Services will be assumed to be accepted and to the satisfaction of the Client.
6. Risk
6.1 All Products and Services ordered by the Client for delivery will be at the Clients risk immediately upon assignment of the Products or Services to a delivery company (including CovUp delivering the Services). In the case of hired Products and Services this risk remains with the Client until items are returned to the CovUp's warehouse at 41 Reedmans Rd Ormeau, Qld 4208
6.2 Damage Waiver charge where included in the Tax Invoice to the client transfers any risk of damage from the Client to CovUp. Risks of loss or theft remain with the Client until items are returned to the CovUp warehouse.
7. Returns. Changes. Cancellations. Refunds
7.1 Returns - A Client may return any product sold by CovUp for repair or replacement providing (A) if notified is made in writing and delivered by hand, fax or email to sales@coverup.com.au within 3 days from receipt of delivery and prior to use. If no such notice is issued, the Products Sold or Rented will be assumed to be accepted and to the full satisfaction of the Client. (B) If the product sold is covered by a manufacturers warranty; such product will be repaired or replaced at the absolute discretion of CovUp. CovUp is not obliged to accept the return of a product where a Client changes their mind or where the products sold have been used in part or whole.
7.2 Order Changes - Products or Services once delivered or set-up are chargeable to the Client. Changes BEFORE DELIVERY will, where possible, be accommodated by CovUp at no charge to the Client - except where the Product or Service has been especially acquired or reserved for the Client's Event. CovUp at their absolute discretion will determine whether or not an Ordered Product or Service is chargeable to the Client.
7.3 Third Party Products or Services (including Entertainers and Bands) that have been booked on behalf of a Client are subject to individual return policies. All Third Party fees and charges payable by CovUp in respect of a Client Order will be invoiced to the Client together with any associated service fees that may be due to CovUp.
7.4 CovUp will not be liable for damage or defect in Product or Services caused by Client neglect, improper use, installation, maintenance or any unauthorized repair.
7.5 CovUp has a NO Refund of payment policy when "Items" are order in (or) made to order, (or) cancellations on sold or rented goods once the client receives a Proforma Tax Invoice and pays in part or full for the goods ordered, or where the products sold or rented and delivered have been used in part or whole. It is the clients full responsibility to inspect the Proforma Tax Invoice and satisfy themselves that the goods listed are the goods required, (or) to have ordered, paid, and received a sample of the goods required. Goods ordered will be Replaced if the goods are not the same as the goods listed on the Proforma Tax Invoice, or as the sample paid for and sent.
8. Warranties
8.1 CovUp will pass on to the Client any manufacturers warranty associated with Products or Services sold.
8.2 CovUp warrants the Services supplied do not infringe any patents, trademarks or other intellectual property rights of third parties.
8.3 CovUp further warrants that Services will be rendered with due care and skill and any Equipment supplied is of reasonable quality and fit for the purpose for which it was designed.
8.4 CovUp when supplying Products and or Services will comply with the provisions of all relevant legislation and the requirements of any applicable State, Commonwealth or Local authority.
9. Limit of Liability
9.1 Notwithstanding anything contained in these terms of trade to the contrary, CovUp maximum liability under any Order will not exceed the aggregate of the purchase monies received by CovUp for that order.
9.2 CovUp will not be liable (except as required by Law and only then to the extent the Law requires) to the Client or any other person under any circumstance for any loss of use, profit, revenue, interest, goodwill, data, for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Client, whether such liability arises directly or indirectly as a result of: the sale, performance or use of any Products or Services; or any negligent act or omission or willful misconduct of CovUp or its employees or agents; any breach by CovUp of its obligations under these Terms or any relevant Sales Contract.
9.3 CovUp will use its reasonable endeavors to perform its obligations under these Terms of Trade but will not be liable for any failure to deliver ordered Products or Services where such failure is a result of an act of God, war (declared or undeclared), blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, expropriation, prohibition, intervention, direction or embargo, strike, lockout or other interference with work; unavailability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licenses, authorities or allocations, and any other cause, whether of the kind specifically enumerated above or otherwise which is not reasonably within the control of CovUp.
10. Pricing Policy
All prices are subject to change without notice.
11. Intellectual Property
CovUp own the Intellectual Property Rights (including copyrights) to all work they do and all information they give to you the Client as part of their support programs. They grant you a non-exclusive license to use that work and information for yourself, or internally within your company over the period covered by their Invoiced Services. CovUp have the right to use and treat as non-confidential any information you may give them during your use of their Services unless you specify in writing the fact that certain material should be treated as being confidential.
12. Severability
The provisions of this agreement shall be deemed to be severable and any invalidity of any provisions of this agreement shall not affect the validity of the remaining provisions.
13. Governing Law
The contents of this agreement, its meaning and interpretation and the relationship to the parties are to be governed by the laws of New South Wales. The parties submit to the jurisdiction of the courts of that place.
