Simply filling in our online request form, request form will be sent to our sales department and we will contact you shortly. We will be pleased to assist you with further details and suggest the most appropriate items for your events. For logistic cost, we may contact you via telephone/ email for further details about your events.
Rental quotations do not guarantee item availability. Once we got your signed quotation, we will verify availability and prepare the invoice for payment. All items will be considered reserved/confirmed only when we receive the deposit/payment. Client is responsible to verify all the order details.
Our rental period is normally up to five days. We can also accommodate longer-term rentals for weeks or months, please contact us for details.
If You Do Not Want All Of The Items That had Ordered On Delivery
We will provide you the clean and well-conditioned items upon delivery. If upon inspection of your order, you notice that an item is damaged upon delivery, we will work to replace the item as quickly as possible. If you no longer need an item due to a change of on-site condition or if the items do not fit through any doors/hallways/elevators etc., there is no refund offered on returned items. Clients are responsible for making sure items fit in their event venue as planned. Our website offers items’ dimensions for your space planning.
If An Item Is Damaged During The Event
Our operations team will advise the customer immediately if an item is found lost or damaged upon the conclusion of the event. Charges will applied for any losses, excessive damages, major cleaning or repair.
To Be Present When Order Is Delivered
A client or client’s representative must be present for both the delivery and pick-up of rental items. Clients must provide a name and mobile phone number for an on-site contact to be responsible for receiving and releasing the items. Round-trip transportation cost / logistic cost is in addition to the rental cost and is determined based on the delivery and pickup dates, times and venue.
Terms and Conditions
TERMS AND CONDITIONS OF EQUIPMENT RENTAL AGREEMENT
These terms and conditions (Terms) and any other document referred to herein will tell you information about us and the legal terms and conditions on which we hire any of the Equipment and that apply to any Contract between us for the hire of Equipment to you. Please read these Terms carefully and make sure that you understand them, before ordering any Equipment for hire from us. Please note that by ordering any of our Equipment, you agree to be bound by these Terms and the other documents referred to in it.
If you are deal with us on behalf of a business, you confirm that you have authority to so bind that business and, in such event; “you” and “your” will refer and apply to that company or other legal entity.
You should keep a copy of these Terms or save them to your device for future reference.
We amend these Terms from time to time as stated in clause 18. Every time you wish to hire Equipment, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated Apr 2016.
These Terms, and any Contract between us, are only in the English language.
1.1 The following definitions apply in these Terms.
Commencement Date: the date that you take (or it is agreed that you will take) Delivery of the Equipment.
Contract: the contract between you and us for the rental of Equipment in accordance with these Terms.
Delivery: the transfer of physical possession of the Equipment to the Lessee at the Venue.
Deposit: the deposit amount stated in the Invoice.
Equipment: the items of furniture and equipment stated in the Invoice, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
Invoice: the invoice for payment setting out the quantity and item number/description of Equipment to be rented, the Rental Payments to be made and the Rental Period.
Rental Payments: the payments made by or on behalf of Lessee for rental of the Equipment.
Rental Period: the period of hire as stated in clause 7.
Total Loss: the Equipment is, in our reasonable opinion damaged beyond repair, lost, stolen or seized.
Venue: the location at which the Equipment should be delivered in accordance with the Invoice and more particularly stated in the Invoice.
2 Information about us
2.1 We are Smarky Ltd. , a company registered in Hong Kong and with our registered office in Tuen Mun, Hong Kong (“we”, “Smarky Ltd” or “us”) and our website is https://smarkyawning.com
2.2 To contact us, please see our Contact Us page.
3 Our products
3.1 The images of the Equipment on our site are for illustrative purposes only. We have made every effort to display the colours accurately, but cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Equipment. The Equipment you rent may vary slightly from those images.
3.2 All Equipment shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Equipment you have requested for rent is not available and we will not process your order for that Equipment.
4 Use of our site
4.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
5 Contract between you and us
5.1 You may rent Equipment by email (or otherwise in writing).
5.2 After sending us email, you will receive one or more e-mails from us acknowledging that we have received your email. These emails (and any responses you may make thereto) stated our quotation, availability of the specific Equipment requested, and may request and provide clarification on certain points (including but not limited to delivery and installation (set up) of the Equipment at the Venue). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 Subject to the correspondence between us stated in clause 5.2, we will confirm our acceptance to you by sending you an e-mail containing the Invoice which stated the available Equipment, delivery details, Rental Payments due and the time at which Rental Payments should be made to us.
5.4 The Contract between us will only be formed when we send you an email attaching the Invoice (and for which purposes deemed receipt by you will be the time at which the email was sent by us).
6 Equipment hire
We shall rent the Equipment to you for use at the Venue subject to these Terms.
7 Rental Period
The Rental Period starts on the Commencement Date and shall continue for the duration of the Contract unless terminated earlier in accordance with these Terms.
8 Rental Payments
8.1 You shall pay the Rental Payments to us in accordance with the Invoice in the amounts, currency and method specified in the Invoice.
8.2 The Rental Payments are exclusive of any applicable taxes and duties or similar charges which shall be payable by you at the rate and in the manner from time to time prescribed by law.
8.3 All amounts due under the Invoice and these Terms shall be paid in full without any set-off, counterclaim, deduction or withholding.
8.4 If you fail to make any payment due to us under the Invoice and these Terms by the due date for payment, then, without limiting our remedies under clause 15, you shall pay interest on the overdue amount at the rate of 2% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
9.1 You may cancel the Equipment Hire at any time subject to payment of Rental Payments in accordance with the following formulae:
9.2 Where such cancellation is made:
(a) 25% cancellation charges will be imposed for order cancelled after confirmation of quotation.
(b) 50% of the total order value shall be charged if the show or function cancelled by the client less than 24 hours’ notice.
(c) 100% of the total order value shall be charged when the equipment have been delivered on site or have been set-up even the show or function has been cancelled.
10 Delivery and set up
10.1 Delivery of the Equipment shall be made by us or our representatives. We shall use all reasonable endeavors to effect. Delivery by the date and time agreed between the parties. Title and risk shall transfer in accordance with clause 11 of these Terms.
10.2 We or our representatives shall at your expense set up the Equipment at the Venue. A duly authorized representative shall be presented at the setup of the Equipment. Acceptance by the representative of installation shall constitute conclusive evidence that you have examined the Equipment and is/are in good condition, complete and fit in every way for the purpose for which it is intended. The duly authorized representative shall sign a receipt confirming such acceptance.
10.3 To facilitate Delivery and set up, you shall at your sole expense provide all requisite materials, facilities, access and suitable working conditions to enable Delivery and set up to be carried out safely and expeditiously.
11 Title and risk
11.1 The Equipment remains our property at all times, and you shall have no right, title or interest to the Equipment (also the right to possession and use of the Equipment subject to these Terms).
11.2 The risk of loss, theft, damage or destruction of the Equipment shall pass to you on Delivery. The Equipment shall remain at your sole risk during the Rental Period and any further term during which the Equipment is in your possession, custody or control until such time as the Equipment is collected by us or redelivered to us.
11.3 You shall give us immediate written notice in the event of any loss, accident or damage to the Equipment arising out of or in connection with your possession or use of the Equipment and you shall hold Smarky Ltd harmless from all costs and expenses associated with any such loss, theft, damage or destruction on a full indemnity basis.
12 Your responsibilities
12.1 You shall at all times during the currency of the Contract:
(a) to ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and (where appropriate) operated in a proper manner by trained competent staff in accordance with any operating instructions;
(b) to take such steps (including compliance with all safety and usage instructions provided by us) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) to maintain at your own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the Commencement Date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
(d) to make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment;
(e) to keep us fully informed of all material matters relating to the Equipment;
(f) to keep the Equipment at all times at the Venue and shall not move or attempt to move any part of the Equipment to any other location without our prior written consent;
(g) to allow us or our duly authorized representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the Venue or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
(h) not, without our prior written consent, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not without our prior written consent, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and you shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify us against all losses, costs or expenses incurred as a result of such affixation or removal;
(j) not do or permit to be done any act or thing which will or may jeopardize our right, title and/or interest in the Equipment and, where the Equipment has become affixed to any land or building, you must take all necessary steps to ensure that we or our representatives may enter such land or building and recover the Equipment both during the term of the Contract and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in our favour any rights such person may have or acquire in the Equipment and a right for us or our representatives to enter onto such land or building to remove the Equipment;
(k) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you shall notify us and you shall at your sole expense use best endeavors to procure an immediate release of the Equipment and shall indemnify us on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
(l) not use the Equipment for any unlawful purpose; and
(m) to allow our representatives access to the Venue or any premises where the Equipment is located for the purpose of removing the Equipment.
12.2 You acknowledge that we shall not be responsible for any loss of or damage to (i) the Equipment or (ii) any injury or damage whatsoever or howsoever caused by the Equipment to any person arising out of or in connection with your use of the Equipment or generally at any time that the Equipment is in your possession or under your control and you undertake to indemnify us and hold us harmless against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising in contract, tort (including negligence) or otherwise.
Smarky Ltd. does not manufacture or produce the Equipment, accordingly, you shall be entitled only to such warranty or other benefit as we have received from the manufacturer in each case.
14.1 Our maximum aggregate liability for breach of these Terms or the Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the Rental Payments stated in the Invoice.
14.2 These Terms set forth the full extent of our obligations and liabilities in respect of the Equipment and its hiring to you. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on us except as specifically stated in these Terms. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within these Terms, whether by statute, common law or otherwise, is expressly excluded.
14.3 We shall not be liable under the Contract or these Terms for any:
(a) loss of profit;
(b) loss of revenue
(c) loss of business; or
(d) indirect or consequential loss or damage,
suffered by you, in each case, however caused, even if foreseeable.
15.1 Without affecting any other right or remedy available to it, we may terminate the Contract with immediate effect by giving notice to you if:
(a) you fail to pay any amount due under the Invoice on the due date for payment; or
(b) you commit a material breach of any of the Terms or the Contract.
15.2 The Contract shall automatically terminate if a Total Loss occurs in relation to the Equipment.
16 Consequences of termination
16.1 Upon termination of the Contract, however caused:
(a) our consent to your possession of the Equipment shall terminate and we may, by our authorized representatives, without notice and at your expense, retake possession of the Equipment and for this purpose may enter the Venue or any premises at which the Equipment is located; and
(b) without prejudice to any other rights or remedies that you may have, you shall pay to us on demand:
(i) all Rental Payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 8.4;
(ii) any costs and expenses incurred by us in recovering the Equipment and/or in collecting any sums due under these Terms or the Contract (including any storage, insurance, repair, transport, legal and remarketing costs).
16.2 Upon termination of the Contract pursuant to clause 15.1 of these Terms, any other repudiation of these Terms by you which is accepted by us or pursuant to clause 15.2, without prejudice to any other rights or remedies of ours, you shall pay to us on demand a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the Contract had continued from the date of such demand to the end of the Rental Period, less our reasonable assessment of the market value of the Equipment on sale.
16.3 The sums payable pursuant to clause 16.2 shall be agreed compensation for our loss and shall be payable in addition to the sums payable pursuant to clause 16.1(b). Such sums may be partly or wholly recovered from any Deposit.
16.4 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms or the Contract which existed at or before the date of termination or expiry.
17 Force majeure
17.1 Neither party shall be in breach of these Terms or the Contract nor liable for delay in performing, or failure to perform, any of its obligations under these Terms or the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control, including acts of God, (force majeure). In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
17.2 An event of force majeure does not relieve you from liability for an obligation which arose before the occurrence of that event, nor does that event affect your obligation to make rental payments in respect of the Equipment for hire you have requested in a timely manner (which obligation matured prior to the occurrence of that event).
18.1 We may revise these Terms from time to time.
18.2 Every time you hire Equipment from us, the Terms in force at that time will apply to the Contract between you and us.
18.3 Whenever we revise these Terms in accordance with this clause 18, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
19 No partnership or agency
19.1 Nothing in these Terms or the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
19.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
No failure or delay by a party to exercise any right or remedy provided under these Terms or the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
21.1 If any provision or part-provision of these Terms or the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms or the Contract
21.2 If any provision or part-provision of these Terms or the Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
22 Governing law and arbitration
22.1 These Terms, the Invoice and the Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong.
22.2 Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be the Hong Kong International Arbitration Centre. The place of arbitration shall be Hong Kong at the Hong Kong International Arbitration Centre (HKIAC). There shall be one arbitrator. The language to be used in the arbitral proceedings shall be in Cantonese.