Full Version
1. DEFINITIONS
“Commencement Date” means the Commencement Date specified in the Invoice.
“Conditions” means these Terms and Conditions of Hire.
“Contract” means the contract between Skylighter and the Hirer for the hiring of the Equipment (once an order has been accepted by Skylighter) in accordance with these Conditions and the Invoice.
“Damage Waiver Fee” means the amount equal to 8% of the Hire Fee, as otherwise specified in the Invoice.
“Equipment” means all equipment and accessories supplied by Skylighter to the Hirer for the event, including, but not limited to, pyrotechnic devices, special effects equipment (e.g., smoke, flame, and light effects), staging, and any other hired items as specified in the Quote or Invoice.
“Services” means any event-related services provided by Skylighter, such as pyrotechnic displays, special effects design, setup, technical assistance, and event management, as specified in the Invoice or other written agreement.
“Force Majeure Event” means an event or circumstance beyond the reasonable control of Skylighter, including, but not limited to, acts of God, war, rain, hail, wind, fire, explosion, civil disobedience, legislation not in force at the date of the Contract, or labour disputes.
“GST” means any tax, duty, levy, charge, or deduction imposed by the A New Tax System (Goods and Services Tax) Act 1999 (or any other act imposing a goods and services tax in Australia), and any related interest, penalties, fines, or other charges.
“Hire Fee” means the amount payable by the Hirer to hire the Equipment, as specified in the Invoice.
“Hirer” means the person, firm, or corporation hiring the Equipment from Skylighter, including the Hirer’s agent.
“Invoice” means the tax invoice issued to the Hirer by Skylighter in relation to the hiring of the Equipment.
“Replacement Fee” means the amount to replace damaged or lost Equipment, as notified by Skylighter to the Hirer from time to time.
“Term” means the duration of the Contract between Skylighter and the Hirer, as specified in the Invoice.
“Total Fee” means the Hire Fee plus the Damage Waiver Fee.
“Owner” means Skylighter Fireworks PTY LTD
2. CONDITIONS OF HIRE
a) These Conditions apply to all Equipment hired and all Services provided by Skylighter to the Hirer.
b) If the Hirer agrees to be bound by these Conditions (by signing this document, providing electronic signature consent, or otherwise), the Hirer also agrees that these Conditions apply to all Equipment hired by the Hirer during the calendar year in which such Consent was given, without the need for repeated consent.
c) The Hirer will hire the Equipment from Skylighter starting on the Commencement Date.
d) Subject to compliance with these Conditions, the Hirer is entitled to use the Equipment for the Term.
e) Any extension of the Term must be agreed to in writing by both parties.
f) The Hirer must not remove Equipment that has been securely installed without Skylighter’s prior written consent.
g) The Hirer acknowledges receiving adequate instructions (which may include demonstration, verbal, or written instructions) regarding the correct and safe use of the Equipment.
h) The Hirer must not use the Equipment or request Services for purposes other than those generally intended for the event, or the agreed scope outlined in the Quote or written proposal.
i) While the Hirer has possession of the Equipment and/or while Services are being performed, the Hirer is liable for ensuring the event environment and working conditions are safe and suitable for Skylighter’s personnel and Equipment and complies with these Conditions.
3. PAYMENT
a) The Hirer agrees to pay Skylighter the Total Fee for Equipment hire and any additional fees for Services as specified in the Invoice, including all applicable GST or other charges.
b) Where Services are provided (such as event production, pyrotechnic displays, or special effects), the Hirer may be required to pay a separate or combined fee (“Service Fee”) as indicated in the Invoice.
c) Upon Skylighter’s acceptance of the order, the Hirer must pay 25% of the Total Fee.
d) The Hirer must pay any balance of the Total Fee and Service Fees at least 7 days prior to the scheduled event date/equipment collection date, or as otherwise agreed in writing.
e) Skylighter is not obligated to hire, deliver, or permit collection of the Equipment until the Total Fee is paid in full.
f) A daily Hire Fee applies to any Equipment not returned on time until it is returned to Skylighter Fireworks (partial days count as a full day).
g) All payments must be made to Skylighter in Australian currency by credit/debit card (Visa and Mastercard only, with deposits and payments incurring a 2% merchant service charge), bank transfer, or cash.
h) Skylighter may require security details (e.g., proof of identification, personal or third-party guarantees) before accepting an order. Skylighter Fireworks may refuse an order until sufficient security is provided, at its absolute discretion.
i) All prices listed on Skylighter’s website and elsewhere are in Australian Dollars (AUD).
4. CANCELLATION
a) Subject to this clause, the Hirer may terminate the Contract or cancel an order for some of the Equipment by giving written notice to Skylighter prior to the Commencement Date.
b) If the Hirer cancels some (but not all) Equipment, the Hirer must clearly identify each item of Equipment no longer required in the written notice.
c) The Hirer acknowledges that if it terminates the Contract or cancels any Equipment or Services, the Hirer is liable to pay the following (by way of liquidated damages, not penalty):
30% of the Total Fee (for the Equipment or Service no longer required) if written notice is given more than 21 days before the Commencement Date.
50% of the Total Fee (for the Equipment or Service no longer required) if written notice is given more than 24 hours (but not more than 21 days) before the Commencement Date.
100% of the Total Fee (for the Equipment or Service no longer required) if written notice is given within 24 hours of the Commencement Date.
d) Skylighter may retain any pre-payments made by the Hirer to cover amounts payable under clause 4(c).
e) Skylighter is not obliged to hire any Services or Equipment subject to a cancelled order or a terminated Contract.
5. DELIVERY AND RETURN
a) Delivery, collection, and return of the Equipment are at the Hirer’s expense.
b) The Hirer must sign all delivery documentation requested by Skylighter and/or the forwarding carrier.
c) The Equipment must be returned in a reasonably clean condition (not necessarily sterile), or a cleaning fee may apply.
d) If Skylighter is responsible for delivery or providing Services on site, the Hirer must provide safe and proper access to the delivery site. The site must be free of obstructions so that Skylighter can safely erect, install, or place the Equipment.
e) The Hirer indemnifies Skylighter, its employees, and agents against all injury, death, loss, or damage suffered by any of them at the delivery site, except where caused by the negligence of Skylighter, its employees, or agents.
f) If Skylighter must deliver Equipment above or below street level, the Hirer will pay additional delivery charges, as reasonably determined by Skylighter.
6. PICK UP/COLLECTION
When collecting Equipment, the Hirer must provide a driver’s license or passport, a secondary ID (e.g., Medicare card), and contact information (full name, address, phone number). Skylighter Fireworks retains this information for security purposes.
Skylighter will photograph the Equipment once packed into the Hirer’s vehicle.
The return of Equipment must be witnessed and tested by Skylighter personnel.
The Hirer is responsible for any loss or damage to Equipment if returned in an unverified condition.
7. DAMAGE TO EQUIPMENT
The Hirer must cover the cost of any damaged, lost, or stolen Equipment during the hire period.
Damaged Equipment will be kept for a month before being destroyed.
Skylighter is not responsible for repairs or replacements due to misuse, overloading, or failure to return Equipment.
The Hirer is liable for damage caused by neglect or misuse, and must cover any associated losses.
8. EQUIPMENT FAULT
If Equipment malfunctions or becomes unsafe, the Hirer must stop using it, notify Skylighter in writing, and prevent further damage.
Skylighter will attempt to resolve the issue or provide alternatives, but is not liable for losses beyond a refund for affected Equipment or Services.
9. SUBSTITUTION
Skylighter may substitute any Equipment with similar or like-for-like items.
10. INSURANCE
The Hirer is responsible for acquiring the appropriate insurance for the Equipment, including public liability and full replacement coverage.
Skylighter may refuse the hire if proof of insurance is not provided.
11. DEFAULT EVENTS
A Default Event occurs if the Hirer breaches the Conditions and fails to remedy it within 7 days, or becomes insolvent.
In such cases, Skylighter may terminate the Contract and repossess the Equipment without notice.
12. ACKNOWLEDGMENT OF OWNERSHIP
The Hirer acknowledges that Skylighter retains ownership of the Equipment and that these Conditions do not constitute a purchase agreement.
13. ASSIGNMENT
The Hirer may not assign the Contract without prior written consent from Skylighter.
14. SUB-HIRE OR SUB-LEASE
The Hirer must not sub-hire or sub-lease the Equipment without prior consent from Skylighter.
15. FORCE MAJEURE
Skylighter is not liable for delays or failures in performance caused by events beyond its control (e.g., acts of God, war, weather).
16. INDEMNITY
The Hirer indemnifies Skylighter against any loss or damage arising from misuse, breach of contract, or enforcement of rights, except where caused by Skylighter’s own negligence.
17. AUTHORITY
Any individual signing on behalf of the Hirer warrants they have the authority to bind the Hirer to these Conditions.
18. Entire Agreement
This Contract represents the entire agreement between the Hirer and Skylighter.