Refund and Returns Policy

Cancellations

If the Event is cancelled (in whole or in part) for any reason (excluding Force Majeure event), then the following apply:

  1. (i)  if the Customer gives Brandition notice of the Event cancellation earlier than 2 months from the Event Date then the Customer is only liable to pay the Non-Refundable Non-Transferable Deposit; and
  2. (ii)  if the Customer gives Brandition notice of the Event cancellation later than 2 months from the Event Date then the Customer must pay the full amount of the Charges (and Brandition will be immediately entitled to raise an invoice for the corresponding amount). All charges are non-transferable

If a Force Majeure (ie. Covid-19) event forces a cancellation or postponement Brandition will provide a 100% credit for a future date (subject to availability) up to 12 months or a 50% refund. All deposits are non-transferable.

Change of Date

  1. (i)  If the Customer gives Brandition notice of an Event postponement earlier than 2 months from the Event Date then a 100% credit towards the future date will apply.
  2. (ii)  If the Customer gives Brandition notice of an Event postponement later than 2 months from the Event Date the customer is liable to pay the Non-Refundable Deposit.

Damaged Items

It is the Customer’s responsibility to inspect each item of Leased Equipment to ensure that it is free from damage or defects within 2 hours of delivery of each item of Leased Equipment. If the Customer does not notify Brandition of any damage or defect to an item of Leased Equipment within 2 hours of delivery, it will be deemed to have accepted that item of Leased Equipment.

Termination

  1. (a)  Without affecting any other right or remedy available to it as per the Agreement Details, a party may terminate this agreement with immediate effect by giving written notice to the other party if:
    1. (i)  the other party commits a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; or
    2. (ii)  the other party is insolvent.
  2. (b)  Without affecting any other right or remedy available to it, Brandition may terminate this agreement with immediate effect by giving written notice to the Customer if:
    1. (i)  the Customer fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
    2. (ii)  there is a change of control of the Customer.
  3. (c)  On termination of this agreement:
    1. (i)  the Customer must return all Confidential Information, Brandition Intellectual Property Rights or other property of Brandition in the Customer’s care, custody or control to Brandition;
    2. (ii)  the Customer must immediately pay to Brandition all of Brandition’s outstanding unpaid invoices and interest and, in respect of the Supplies supplied but for which no
    3. invoice has been submitted, Brandition may submit an invoice, which shall be payable
    4. immediately on receipt; and
    5. (iii) the following clauses will continue in force: clause 8 (Intellectual property rights),
    6. clause 9 (Privacy), clause 10 (Confidentiality), clause 11 (Limitation of remedies and liability), this clause 12 (Termination), 13 (Non-solicitation), clause 16 (Waiver), clause 17 (Severability), clause 21 (Governing law and jurisdiction) and clause 22 (Definitions and interpretation).
    7. (d) Termination or expiry of this agreement will 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 the agreement which existed at or before the date of termination or expiry.

Force Majeure

  1. (a)  Brandition will not be in breach of this agreement or liable to the Customer for any loss incurred by the Customer as a direct result of Brandition (Affected Party) failing or being prevented, hindered or delayed in the performance of its obligations under this agreement where such prevention, hindrance or delay results from a Force Majeure Event.
  2. (b)  If a Force Majeure Event occurs, Brandition must notify the Customer in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
  3. (c)  On providing the notice in clause 13(b), Brandition will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered, or prevented.
  4. (d)  The performance of the affected obligations must be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
  5. (e)  If the delay due to the Force Majeure Event continues for 60 days, the Customer may terminate this agreement immediately on providing notice to Brandition.
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