Terms of Service

Cold Brews Terms of Service

Last updated: 16/10/23

1. The hirer enters into a contract and agrees and accepts the terms and conditions from the date they make a booking with the supplier.
2. The company/and or person who has made the booking is liable for all payment. Payment will be required before the event via EFT or credit card. Credit card payments incur a 3% surcharge. Only VISA and Master Card credit cards are accepted. Cash is the only method of payment which is accepted on the day and the person hiring the equipment must be there at the time the equipment is delivered to pay in cash. The hirer must have the correct change in cash. If that hirer or representative for that hirer is not there to provide the cash on delivery, we reserve the right not to deliver the equipment.
3. Supplier reserves the right to change the prices/specials on the site at any time without notice.
4. Supplier may request credit card details or a bond to cover for any damages, theft, cleaning or inability to access the equipment to be picked up at the agreed time. By making a booking, you authorise for your credit card to be charged in the case that any equipment is lost, stolen, damaged or unable to be picked up.
5. Cancelled bookings outside of a 48 hour period from the event date incur a non refundable charge of 50%. Bookings cancelled within a 48 hour period incur a 100% cancellation fee.
6. The hire is for one day unless agreed upon mutually in writing by both parties. Failure to return the equipment or inability for our drivers to access the equipment for pick up will incur a daily charge for the equipment for any days beyond the agreed hire period. This may be taken from the bond, and any additional charges incurred may be charged to a credit card or invoiced. If the hirer fails to return the equipment, the hirer gives us permission to enter the premises of where the equipment is held to collect the equipment without being responsible for any damages caused to enter the premises.
7. The hirer accepts full responsibility for the equipment once they take possession of the equipment. The hirer is liable for the replacement cost of any equipment that is stolen, goes missing, is vandalised or broken. The hirer is liable for any damages caused to the equipment.
8. The hirer is responsible for having someone available to take delivery of the equipment at the nominated date and time. If the hirer fails to be there at that time, an additional delivery fee will be charged to re deliver the equipment at another time.
9. Delivery of all equipment is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the equipment is more than 10 metres away from where our vehicle can park. Extra charges also apply for stairs, steep descents and going up levels in buildings. The hirer is responsible for telling us via email if the delivery has any of these conditions. Failure to do so will result in extra charges, and in extreme cases refusal to deliver. Extra charges will be taken out of the bond, the hirers credit card or will be payable on the day in cash.
10. If a client helps a driver to set up the machine, this is their decision and we do no accept responsibility if the customer injures themselves in any way.
11. All mix comes as non-alcoholic and the renter assumes responsibility in the responsible service of alcohol if they add alcohol.
12. Cold Brews Australia reserves the right at any time to change the list of flavours available, specials or prices on the website.
13. Some public holidays and public holiday eve’s attract a price surcharge. Call for pricing
14. Cold Brews Australia provides delivery and pick up at a small fee. Subject to change varying on customer location.
15. Cold Brews Australia deliveries and pick up’s are done between 9am-4pm, seven days a week. Deliveries and pick up’s outside of these times can be arranged. Deliveries after 5pm on the same night can be arranged for times between 5pm-1am. An additional fee of between $50-$100 applies to an after hours Delivery or Pick Up.
16. Cold Brews Australia is not responsible if the mix leaks and stains tables, bench tops or carpet. The hirer is responsible and must provide a table cloth or drop sheet should they want to protect the area where the machine will be in use.
17. The hirer assumes proper knowledge in the operation and handling of the equipment and follows OH&S policies and does not hold Supplier responsible for any injury caused to themselves or others whilst moving or setting up any equipment.
18. The equipment remains the property of Supplier at all times. The hirer may not transfer this contract to another party without written consent of Supplier.
19. The hirer must inspect and check all equipment and notify Supplier at the time of delivery if there is any equipment missing, damaged or unfit for use. Failure to do so will see the hirer responsible for any damages or missing equipment upon pick up.
20. No warranty is provided by Supplier for the equipment’s fitness for any particular use.
21. The laws of QLD shall govern this agreement. Venue for any legal proceedings brought in connection with this contract shall be in QLD.
22. Renter agrees to defend, indemnify, assume liability for and hold Supplier harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the use of the Equipment, regardless of the basis.
23. The terms and conditions can only be amended by Supplier.
24. Any changes to this contract must be written and signed by both Hirer and Suppplier. Oral agreements are non-binding. The latest contract supersedes all previous contracts between Hirer and Supplier. This agreement binds and benefits the heirs, successors and assignees of the parties.
25. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
26. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.
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