This is our general terms and conditions of sale or hire of products and services
1. Validity – Prices quoted are valid and fixed for thirty (30) days only. Rise and fall is applicable after the expiration of thirty days from the date of this quotation, unless
otherwise stated in our offer. The order is cancellable in the event of causes beyond the control of Indoor Pyrotechnics/SA Fireworks.
2. Payment –
a) Payment for goods or services provided shall be nett cash. Terms of accounts are payable within fourteen (14) days from the date of the fireworks display or as
otherwise agreed in writing with Indoor Pyrotechnics/SA Fireworks. If payments are not made within the agreed time frame an Administration Fee of $165.00 including
GST will apply. A Fee of 14.9% per annum interest rate will also apply for accounts which become overdue more than sixty (60) days.
b) A non-refundable deposit per display (being 50% of the total amount) must be received no later than ten (10) clear working days prior the date of fireworks display.
c) The balance owing must be paid in full on the day of, and prior to the commencement of, the fireworks display.
d) Accounts will only be given under certain circumstances for the balance owing and only where prior arrangement has been made with Indoor Pyrotechnics/SA
Fireworks. Indoor Pyrotechnics/SA Fireworks reserves the right to obtain detailed information about your financial status in order to carry out a credit check for any
amount exceeding $500.00.
e) Any expenses, costs or disbursements incurred by Indoor Pyrotechnics/SA Fireworks in recovering any outstanding monies including debt collection agency fees and
solicitor costs shall be paid by the Customer providing that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor.
f) In the course of an event running overtime, the customer hereby agrees to pay all relevant costs arising to Indoor Pyrotechnics/SA Fireworks.
g) Technician’s time is quoted assuming we have free access for both setting up and packing away. If this is restricted for any reason (such as late running performances,
post productions parties, and so on) and our technician must wait for access, the customer will be liable to pay additional costs for the technicians waiting time at the rate
of $100.00 plus GST per hour, or part thereof, per technician.
h) All product supplied by Indoor Pyrotechnics/SA Fireworks is subject to availability and in this event prices may vary accordingly.
3. Ownership –
a) Legal and equitable property in these goods shall not pass to the buyer until payment has been received by the seller. Acceptance of these goods is as acceptance of the
foregoing condition.
b) The Customer hereby authorises Indoor Pyrotechnics/SA Fireworks to enter the premises upon which the goods are stored for the purpose of taking possession thereof.
4. Contract – Acceptance of these goods & services provided shall constitute a contract in accordance with the State in which delivery is made or port of shipment,
notwithstanding any implication of the law to the contrary, all service agreements (contracts) between Indoor Pyrotechnics/SA Fireworks and the customer shall be
deemed to be made and constructed and to be enforced in and according to the laws of the sate of South Australia and by mutual consent to be subject to the jurisdiction
of the courts of that state.
5. Cancellation –
a) The fireworks display will be cancelled by Indoor Pyrotechnics/SA Fireworks if payments are not made in accordance with the Terms of Payment shown above.
b) Indoor Pyrotechnics/SA Fireworks reserves the right to delay, terminate or cancel the fireworks display if at any time it considers that any person or property may be in
or at any risk of injury or damage during detonation of the Fireworks Display or as required by State Regulations or Local Authorities in which the display is to be
conducted.
c) Cancellations must be notified in writing by the customer to Indoor Pyrotechnics/SA Fireworks & posted in sufficient time to be received by them no less than seven
clear working (7) days prior to the date of the fireworks display.
d) In the event of cancellation within fourteen (14) clear working days prior to the booking, Indoor Pyrotechnics/SA Fireworks reserves the right to claim all or part of the
total fee if an alternative booking cannot be arranged, the minimum charge is 50% of the show value.
e) In the event of a booking being cancelled due to weather conditions or natural disasters, the customer is still deemed to pay for a percentage of the product and all
related to costs arising for the booking.
f) In respect of section 5(e) above, in the event of any product being destroyed by weather conditions or natural disasters, the customer is still deemed to pay for the
product and all related costs arising for the booking.
g) In respect to 5(c) cancellation made one day prior the display, the client is deemed to pay at least 75% of the show value.
h) In respect to 5(e) cancellation made due to weather conditions and other circumstances, once the fireworks crew have arrived on site the client is deemed to pay 100% of
the show value.
5. Refunds
a) All deposits are non-refundable.
b) Refunds will only be made for any pyrotechnics which were found to be defective upon detonation.
c) No fee will be payable if a Pyrotechnician does not arrive at the venue due to accident or illness. In this situation, the deposit will be refunded in full.
6. Customers Responsibilities
a) It is the responsibility of the customer to provide adequate protection for all Indoor Pyrotechnics/SA Fireworks equipment so as to prevent unauthorized interference or
removal of any equipment during the time that Indoor Pyrotechnics/SA Fireworks arrives at and departs from the venue. The booking is not deemed to be completed
until the removal of equipment, within a reasonable time, by Indoor Pyrotechnics / SA Fireworks.
b) The customer is responsible for monitoring the behaviour of all patrons at the venue.
c) In the event that the property being subject of this Hire Agreement is in any way damaged or destroyed due to negligence during the duration of this agreement, the
customer undertakes to pay in full all costs of repair or replacement in respect to that property as determined by Indoor Pyrotechnics / SA Fireworks.
d) The Customer is responsible for notifying the Metropolitan Fire Service or isolation of the appropriate zone on a Fire Indicator Panel prior to the fireworks display (refer
to Section 8(d) & (e) below).
e) In the case of the venue being more than 100km from Adelaide CBD, the customer is responsible to pay for overnight Motel accommodation for all Pyrotechnicians and
road crew. If there is no Motel accommodation available then Hotel accommodation will be accepted.
7. Conditions of Hire
a) The Hirer shall be responsible for all goods hired, whether signed for or not, from the time of the goods leaving Indoor Pyrotechnics/SA Fireworks store until the return
thereto and shall pay for all goods damaged whatsoever the case during such period.
b) If Indoor Pyrotechnics/SA Fireworks cannot replace within seven (7) days of the date due of return any article damaged or lost the Hirer shall pay in addition to any
other amounts due hereunder a sum equal to the replacement value thereof as and for liquidated damages for the loss of future hire.
8. Exclusion/Disclaimer –
Indoor Pyrotechnics/SA Fireworks will not be held responsible or liable in any way, form or manner whatsoever:-
a) As a result of any misuse arising from hire of equipment;
b) As a result of any cleaning fees prior to or after the pyrotechnics fireworks display;
c) As a result of any unforeseen and/or any unauthorized human intervention;
d) As a result of any unforeseen natural disasters or so called acts of God;
e) If an appropriate zone on a Fire Indicator Panel has been isolated and a fire breaks out within the building that results in the Metropolitan Fire Service or any other
Emergency Service not being called out;
f) For false alarms on a Fire Indicator Panel and any cost arising due to the Metropolitan Fire Service or any other Emergency Service being called out.
g) Any injuries arising to any animals or peoples, due to the noise impact and associated effects within an indoor pyrotechnics display, outdoor fireworks display or a
special effects display.
h) Any circumstances arising or associated with any pyrotechnics that have misoperated or misfired or any circumstances arising out of the control of Indoor Pyrotechnics
& SA Fireworks Pty Ltd and associated partnered companies and hired contractors.
i) Any circumstances arising from a member of the public not being informed or misinformed that an outdoor fireworks display is proceeding