Flingo Terms & Conditions
These conditions apply to all rentals by the Company (Simply Seated Pty Ltd t/a Flingo Linen Services) to each Customer unless the Customer is otherwise notified in writing. No variation or cancellation of any of these Conditions of rental will be binding on the Company unless agreed to by a responsible officer of the Company in writing.
The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether any such changes apply to either existing or future customers.
1. Entry into an Agreement. The Company will provide you with the following Services (the “Services”): The Customer will submit to the Company information regarding the products and services required, in addition to the Customer contact information.
2. The Company shall have the right to carry out a screening process to verify the validity of the Customer information. That may include, but not be limited to, identification verification or another consumer protection related, reports of the Customer. The Company reserves the right to refuse any such request or to cancel any new agreement for any reason, including, but not limited to, Customer’s failure to provide sufficient or satisfactory information to create an agreement, Customer’s failure to pass Company’s screening process, or Customer’s failure to fulfill the obligations set forth in this Agreement. The Customer agrees to provide true, accurate, current, and complete information about the Customer’s business as requested by the Company when submitting information for the agreement.
3. Payment for Services. This is a weekly or one-off fee for all Customers entering in an agreement with the Company.
4. Representations and Warranties. The Customer represents and warrants that (1) all of the information provided to Company is current, truthful and not misleading or fraudulent.
5. Disclaimers. The Company makes no express or implied warranties or representations whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to any information or services provided through any communications, including but not limited to, the Website, email, phone or fax.
6. Use of Equipment. All Equipment supplied under the agreement is the property of the Company and remains so until it is A) Returned to the Company. B) The Customer will be responsible for the Equipment until it is returned to the Company, and C) shall maintain the Equipment in good condition. The Customer warrants that the Equipment will be returned in good working order to the Company. The Company makes no representation as to the suitability of the Equipment for a particular need or event, and it is the Customer's responsibility to make that judgment on its own behalf.
7. Period. The standard length of the agreement is for one year from the time of delivery, 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 extra charges. Any additional charges incurred may be charged to a credit card or invoiced. If the Customer fails to return the equipment, the Customer gives us permission to enter the premises of where the items are held to collect the items.
8. The Company makes no representation that items will be available to meet every order. Availability of items to meet each order is subject to the timing of that order. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in regard thereto. Unless otherwise stated the Company will not accept cancellation of an order due to late delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery. Where the Customer has taken delivery at the premises of the Company all items rented shall be returned to those premises. In the event that the items are not available to be picked up by the arranged time or has not been returned to the premises of the Company, then the Company must be notified immediately. Additional fee can be charged if an additional delivery is necessary to collect/pick up the items. Additional fees apply for after-hours delivery / collection which are from 6pm - 8am and on Weekends and public holidays.
9. Care. The Customer is responsible for taking care of the rented items. The Customer is responsible for packing the items into the same laundry bags when The Customer first took possession. If the bags and packaging are returned damaged (or lost), a replacement fee will apply. Any permanent stains, rips or burn marks will result in a replacement fee being charged within seven (7) days from the event. The Company does not permit the use of open candles on tablecloths. All candles must have a drip tray and be contained in a closed vessel to ensure wax does not drip directly onto the tablecloths.
The Customer is responsible for notifying the Company in the event of loss or damages. The Company reserves the right to pre-authorise a credit card, and charge for any additional cleaning, repairs or replacement as deemed necessary by The Company.
10. Agreement. The Customer agrees and accepts full responsibility for the following conditions:
a) Through the period of rental to maintain the rented items (including packaging and road cases) and to return the Products every week, in order to receive clean items, and at the end of the rental period, if a new agreement has not been signed.
b) To be responsible for all damage to the rented items caused by the weather including but not limited to water, fire and humidity (molds).
c) Promptly to pay all charges in accordance with the terms set out herein irrespective that no demand shall have been made by the Company
d) To return all Equipment promptly to the Company at the end of the rental period, without any requirement by the Company to make demand in relation thereto
e) To permit (and obtain permission) for the Company and any of its officers, servants and agents to enter the premises where the items may be located and (without prejudice to any other claims or rights as the Company may have to damages of otherwise) to inspect the Company’s items or to merit the repossession by the Company of the Equipment if the Company determines that any breach of the terms or conditions of the hire has been committed
f) All expenses, costs or disbursements incurred by the Company in recovering any outstanding monies, including debt collection fees and Solicitor costs, shall be paid by The Customer.
g) To be responsible for all loss or damage whatsoever or howsoever caused to any person or property in relation to the rented items or the use thereof and without limiting that responsibility, the Customer shall be liable to affect public risk insurance in relation to the items for the duration of the period of hire
h) All missing Equipment or those damaged beyond repair will be paid for at current retail value.
11.Intellectual Property. Company’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of the Company. Except as otherwise provided in the Agreement, the Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Company.
The Company has the right to advertise on their website any Customer and party entered in an agreement this includes but not limited to the logo, name, pictures and locations.
12. Termination. The Company may terminate the Agreement at any time upon Notice to the Customer.