Terms and Conditions of Hire
In these terms and conditions of hire:
“Chameleon Sand Candle” means the granulated wax sand hired out by the owner to the Hirer;
“Vessel” means the glass vessel hired out by the owner to the Hirer;
"Vessel hire" means the glass vessel with granulated wax sand and suitable wick hired out by the owner to the Hirer;
“Items” means any items (Chameleon Sand Candle, vessel(s)) hired out by the owner to the Hirer;
“Hirer” means any person, company, corporation or government agency, or its representative who shall hire Chameleon Sand Candle or engage the services from the owner;
“Owner” means Chameleon Candle Co Pty Ltd ABN 30 667 911 300 trading as Chameleon Sand Candle;
“Terms” means these Terms and Conditions.
1. Ownership
The Chameleon Sand Candle and vessel(s) supplied for hire remain at all times the property of the owner.
2. Inspection
As part of the owner’s stringent quality assurance process, all Chameleon Sand Candle and vessel(s) are checked for cleanliness before dispatch. It is the Hirer’s responsibility to check all of the ordered items on delivery or collection and the Hirer must notify the owner of any damage within eight hours of receiving the items for hire.
The Hirer acknowledges that it is aware of the proper use for which the Chameleon Sand Candle hired is designed and it has inspected the Chameleon Sand Candle and expressly agrees that the Chameleon Sand Candle is:
2.1 in clean condition;
2.2 includes special wicks;
2.3 is fit for the purpose; and
2.4 is of quality and specifications as ordered.
3. Charges and Terms
The Hirer agrees to pay the owner’s hire charge and any other charges, including charges for loss, damage, and repairs or any tax, GST, duty, levy, or other expenses paid or payable by the owner at the rate and in the manner specified from the commencement date and time of the hire until the items are returned by the Hirer to the premises of the owner.
The owner reserves the right to amend or revise its rate or prices without notice.
All prices are inclusive of GST.
4. Payment Terms
4.1 Payment for "Vessels + Candle Sand" hire must be made by:
4.1.1 In case of Hirer pick-up/drop-off: 50% of payment at the time of booking, 50% of payment + refundable deposit of $500 30 days before the event.
4.1.2 Refundable deposit will be refunded within 48 hours of the return of the Chameleon Sand Candle and vessel(s).
4.1.3 In case the Owner handles the delivery, setup, and pickup of items: 50% of payment at the time of booking, and 50% of payment 30 days before the event.
5. Cancellations
Hire Contract cancellations are at the discretion of the Hirer. The Hirer may cancel a confirmed order in writing but may forfeit any hire fees paid as follows:
a) Cancellations more than 30 days before the delivery/pick-up date will be charged 30% of the initial payment;
b) bookings cancelled 8-30 days before the delivery/pick-up date will forfeit 50% of the initial payment; and
c) bookings cancelled within 7 days of the delivery/pick-up date will forfeit 100% of the initial payment.
6. The Hirer’s Obligations
The Hirer must:
(a) accept responsibility for the Items hired from the time of its delivery until its return to the owner;
(b) ensure all Items including candle sand are returned in a clean, dry, and properly packed condition. The Hirer must pay for any damaged (Items).
7. "Vessel + Candle Sand" Hire
If the Hirer selects "Vessel + Candle Sand" hire and pays a fixed fee per candle, the Hirer may only use the candles once during the hire period.
If the Hirer selects "Vessel + Candle Sand" hire and pays a fixed fee per candle, the maximum allowable amount of Chameleon Sand Candle per candle is set at 100 grams. Should the Hirer return the candles and it is found that a greater quantity of candle sand has been used, the Hirer will be obligated to make an additional payment calculated at a rate of $60 per kilogram.
The sizes of hire vessels available vary at different times. Specific size requests cannot be guaranteed, although the owner will try their best to satisfy the Hirer's request.
8. Pick up of Items
Items can be collected up to two days before the date of the event. Early pick-up is available for an extra cost of 20$ per day.
9. Return of Items
Items must be returned to the pickup point within two days from the date of the event. If the event occurs on Friday, Items must be returned on Monday. If the Hirer fails to return Items within two days or on Monday if the event occurs on Friday, the Hirer will be charged a late fee of $20 per day. If the Hirer does not return the Items, the Hirer will be charged $60 per kg (for candle sand).
In addition, if hire vessels are also not returned, Hirer will be charged at $12 per candle for table-sized candles and $20 per candle for floor candles.
10. Loss of or Damage to Items
If on the return of the Items to the owner the Items are found by the owner to be in an unclean condition, the Hirer shall pay to the owner the cost of the damaged Items.
(a) if the hirer opts not to clean the vessels, a cleaning fee of $100 per 50 candles will be charged.
(b) if the hirer returns the candle sand in an unclean condition (this means removing any visible debris from the candle sand, i.e. flower petals, glass, rice etc), a cleaning fee of $30 per 10kg will be charged.
(c) if hirer returns the candle sand in wet condition (due to rain or any other water incident), a fee of $10 per kg will be charged.
(d) if hirer returns buckets in damaged condition, a fee of $15 per bucket is charged. This fee does not cover the candle sand inside the bucket.
(e) if on the return of the Items to the owner the scoop or lighter is missing, the Hirer shall pay to the owner $35 for the lighter or $20 for the scoop.
(f) breakages are charged at $50 per candle for table-sized candles and $100 per candle for floor candles.
11. Force Majeure
If the owner is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion, or unrest, interference by civil or military authorities or act of war) the owner may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of the owner under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The owner shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.
12. Acceptance of Terms and Conditions
The Hirer hereby unconditionally accepts these terms and acknowledges that its acceptance is a condition precedent to taking possession of the Items from the owner.
Updated: 27 July 2024