Terms & Conditions

Definitions & Interpretation

In these Terms and Conditions, the following expressions bear the meanings set out below unless the context indicates otherwise:

Words importing one gender include all other genders. Words in the singular include the plural and vice versa.

Booking & Hiring Process

Once the Client submits a booking request for selected products and services, the Service Provider will respond with a quote confirming availability. Upon receipt of the quote, the Client is required to pay a 50% deposit within 48 hours to reserve the selected items.

Failure to pay the deposit within the specified time will result in the selected items no longer being reserved for the Client.

Any changes or cancellations to an order must be submitted in writing. Due to the nature of the events industry, late notice changes may impact the Service Provider's ability to fulfil orders due to limited stock and high demand. Please refer to Section 7 for applicable cancellation fees.

Payment & Booking Fee

The Client agrees to pay the Service Fee as detailed in the Service Provider's quote and/or invoice as follows:

• A 50% deposit (booking fee) is payable upon acceptance of this Agreement to secure the Goods.
• The remaining balance must be paid in full before any Goods are delivered or released.
• No cash or cheques will be accepted unless agreed to in writing by both Parties.
• Interest of 2% per month will be charged on all unpaid invoices outstanding for 30 days or more.

Payment must be made into the following bank account:

Risk, Delivery & Return

• All Goods are at the Client's sole risk from the time of delivery or collection until they are returned to and received by the Service Provider. The Client undertakes to return all Goods in the same condition and packaging in which they were received.
• The Service Provider accepts no responsibility for delay, loss, or damage arising from inaccurate delivery information, incorrect collection times, or any other relevant details provided by the Client.
• The Client is responsible for inspecting the Goods upon collection or delivery. No discrepancies regarding quantities, loss, damage, or shortages will be accepted after the Client has accepted the Goods.
• All hired Goods must be returned on or before the expiry of the Rental Period. A late return fee equivalent to the full rental fee will be charged for every 2 days outstanding.
• Failure to return hired Goods constitutes a breach of this Agreement and may be reported as theft at the Service Provider's discretion.

Packaging, Care & Cleaning

• All Goods are dispatched with protective packaging. The Client must repackage all items carefully using the same protective wrap and crates or containers supplied upon return.
• All Goods must be returned in the condition in which they were sent. Failure to do so will result in an additional cleaning surcharge, deducted from the security deposit or invoiced separately.
• All cutlery, crockery, and glassware must be cleaned before return. Dirty items returned will incur a cleaning charge.
• No abrasives, metal-fibre sponges, harsh cloths, aggressive chemicals, or polish may be used on any hired Goods.

Replacement & Damages

The Client will be held liable for any damage to or loss of Goods hired under this Agreement, including damage or loss incurred during transportation, storage, or use by the Client.

• If an item is damaged but repairable, the Client will be liable for the full repair cost plus reasonable expenses.
• If an item is lost or damaged beyond economical repair, the Client will be liable for the full replacement cost plus reasonable expenses.
• The decision to repair or replace will be made by the Service Provider, choosing the most cost-effective option.
• All repair and/or replacement costs must be paid within 5 working days of written notification from the Service Provider.

Cancellation & Changes

In accordance with Section 17 of the Consumer Protection Act 68 of 2008, the Client may cancel this Agreement at any time before the Goods are collected or delivered, subject to a reasonable cancellation fee.

Given the advance booking nature of the events industry, a date change will be treated as a cancellation and the following fee guidelines apply:

Each cancellation will be reviewed on its own merits. These figures serve as a guideline and the applicable fee will depend on the circumstances and proximity to the event date.

Limitation of Liability & Indemnity

• The total liability of the Service Provider to the Client for any claim or loss arising from this Agreement is limited to the Service Fee amount paid by the Client.
• The Service Provider will not be held liable for destruction, delay, loss, or damage caused by a force majeure or supervening impossibility. In such an event, the Service Provider will notify the Client and, at its discretion, either cancel the Agreement and refund amounts paid (less a reasonable fee for work already performed at R1,500/hour), or delay services until the event has passed.
• If a specific item chosen by the Client is unavailable, the Service Provider will notify the Client and, at its discretion, substitute the item with the closest available alternative.
• The Client indemnifies the Service Provider against all liability, claims, and expenses arising from the Client's unlawful conduct or from any damage, injury, or loss to the Client and/or their guests arising from this Agreement.
• The Service Provider does not guarantee any specific outcome, style, or design. The Client uses the Goods and services at their own risk.

Notices

All notices or communications under this Agreement must be in writing. Notices sent by email will be deemed received on the first business day after transmission.

Breach

If either Party breaches any provision of this Agreement and fails to remedy such breach within five (5) business days of receiving written notice, the aggrieved Party will be entitled to:

• Seek immediate specific performance of any obligation under this Agreement; or
• Cancel this Agreement by providing written notice, effective upon delivery of that notice.

In either event, the aggrieved Party is entitled to claim damages suffered. These remedies are without prejudice to any other legal remedies available.

The signatory binds themselves as surety and co-principal debtor, jointly and severally, for all existing and future debts incurred with Settings Function Hire by the entity they represent.

General Provisions

• Neither Party may cede rights or delegate obligations under this Agreement without prior written consent from the other Party.
• This Agreement constitutes the entire agreement between the Parties. No Party will be bound by any representation or undertaking not recorded herein.
• No variation, amendment, or cancellation of this Agreement will be valid unless reduced to writing and signed by both Parties.
• Any waiver or relaxation of terms applies strictly to the specific instance and does not constitute a general waiver of rights.
• If any provision is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
• This Agreement is governed by and interpreted in accordance with the laws of the Republic of South Africa.