TERMS & CONDITIONS
The rental agreement is between Brainwave (we) and the Customer (you). By placing your order, the Customer agrees to the following Terms and Conditions.
I. VALIDITY OF THE TERMS AND CONDITIONS
All deliveries, services and offers of Brainwave are governed solely by these Terms and Conditions. Any terms and conditions of the customer that deviate from or run contrary to these Terms and Conditions will not form part of the contract. Any addenda, amendments or ancillary agreements are only valid if confirmed in writing.
II. RENTALS
1. RENTAL ITEM(S)
The rental items are the furniture, equipment, booths and other accessories stated in the order confirmation. These will be leased to the lessee to be used in the customary fashion.
2. RENTAL TERM
a) The rental item(s) will be provided for the agreed duration of the rental period.
b) In the event that the rental term is exceeded, the lessor is entitled to charge the agreed rent for each further rental period, or part thereof, as compensation for use of the item(s). This does not prejudice the right of the lessor to assert further claims for compensation.
c) A rental period corresponds
• The price listed on our catalog is based on a minimum 3 days rental.
• Extension of rental more than 5 days will be quoted upon request.
• Standard rental period is 5 days, inclusive of the day of self-collection and self-return. Brainwave must agree to any extension to the rental period. Should the rented props be held for a longer period without our permission, customer will be charged a full day’s rental for every additional day. This will be deducted from your security deposit.
• Do note we don’t do collections and returns on weekends.
d) Please ensure that all rented props have been gently washed and/or cleaned before returning them back to us. Please contact us if you are unsure how to clean a certain item. A cleaning fee of RM is chargeable for stained items.
3. RENTAL PRICES
a) Offers made by the lessor are non-binding and are only valid following written confirmation by the lessor.
b) All prices are net, payable in full and do not include statutory SST.
c) Unless otherwise expressly agreed, costs for the delivery and collection of the rental item(s) to and from the event venue, the assembly and disassembly of the rental item(s) and the costs for arranging rental furniture at the event venue are not included in the rental price and will be charged separately.
d) The rent full payment must be made within 48 hours after Brainwave confirms the availability of the item.
4. DELIVERY
a) Unless it is agreed that the lessee themselves will transport the item(s), delivery is made by the lessor at the agreed time. If no time has been agreed, delivery will be made prior to the start of the event for which the items are being rented. Binding deadlines require an explicit agreement and the written confirmation of the lessor.
b) The lessor shall not be responsible even if binding dates or deadlines have been agreed for delivery and service disruptions arising from force majeure that make it significantly more difficult or impossible for the lessor to deliver the item(s).
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c) The lessee undertakes, as soon as the item(s) are collected/delivered, to check that the furniture is in proper condition and that all items have been delivered in full. Any complaints in this regard must be lodged within 24 hours. Subsequent complaints will not be recognised.
d) At the end of the rental term, the rental item(s) must be ready for collection or, if so agreed, returned.
e) If the lessee themselves returns the items, they must do so in clean, sealed vehicles. In this instance, the transport risk shall be borne by the lessee.
5. USE AND LIABILITY
a) The rental item(s) shall be leased for the event stated in the order confirmation. Any other usage, either during or following the rental term, is prohibited.
b) In respect of loss and damage during the rental term, the lessee shall be liable for the current value of the rental item(s) concerned plus any replacement costs.
c) The lessee undertakes to notify the lessor immediately of any damage to the rental item(s). The same applies if the rental items are lost or if third parties pursue any claims, of whatever kind, in respect of the rental item(s).
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d) The lessee undertakes to keep the rental item(s) safe from loss and damage for a period extending 48 hours beyond the agreed time of return, after which time the lessee shall only be liable in the event of intent or gross negligence.
e) The lessor shall only be liable for personal injury if culpable. The lessor shall only be liable for other losses if in breach of contract intentionally or due to gross negligence.
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f) The lessor has to pay the full retail value of the props that are missing or damaged. This amount will be deducted from the security deposit. If the amount exceeds the security
6. INSURANCE
The lessee undertakes to insure the rental item(s) against theft. Evidence of the taking out of an insurance policy must be provided to the lessor immediately on request.
• The lessee assumes all responsibility and liability caused by any injury or damages caused to any person and property sustained from any item leased to them from Brainwave. The lessee further agrees to indemnify lessor in any legal action arising out of any injury or damage allegedly caused by any item leased by lessor, including but not limited to the cost of any attorney's fees and court costs associated with any litigation in defence of any said litigation.
• The lessee shall not make any alterations, additions, modifications, or improvements to the equipment and shall use it only for the purpose and in the manner for which it was intended by lessor. The client may not permit the equipment to be used by another party or at a different location without the express written consent of lessor.
• By making payment and providing the information needed to process the order, you acknowledge that you have read and understand the Terms and conditions contained in the Rental Information above.
7. Colours, Specifications, Dimensions and Descriptions of Products
We endeavour to show the colours, specifications, dimensions and descriptions of items on the Website as accurately as possible. The colours you see will depend on your monitor, and we cannot guarantee that the colour displayed will always accurately reflect the colour of the item delivered. We may from time to time vary the dimensions, specifications, descriptions and quantities of items displayed on our Website without prior notice.
III. SALES
1. PURCHASE ITEMS
Purchase items are the items stated in the delivery agreement. Depending on their classification, they are either new or used items.
2. RETENTION OF TITLE
The seller shall retain the title in respect of the purchase item(s) until all claims arising from the delivery agreement have been paid in full.
3. DUTY TO NOTIFY
Until ownership of the item(s) has been transferred, the buyer undertakes to immediately notify the seller in the event that the item(s) supplied are seized or subject to other third-party interventions.
4. WARRANTY
a) The buyer is obligated to immediately verify that the goods supplied are complete and in proper condition, and undertakes to lodge any complaints immediately.
b) In the event of defects, the seller may initially choose the type of subsequent performance (remedy or replacement delivery) at its own discretion. Otherwise, the seller is liable pursuant to statutory provisions.
c) A warranty period of one month, from the time the item is handed over to the buyer, applies in respect of used items.
5. SHIPPING LIABILITY
If the purchase item is shipped to the buyer at the buyer’s request, the risk of accidental loss or accidental deterioration of the goods is transferred to the buyer upon dispatch. This applies irrespective of whether or not the goods are dispatched from the place of performance and regardless of who bears the shipping costs. It is the responsibility of the buyer to take out transport insurance.
IV. JURISDICTION AND PARTIAL INVALIDITY
Insofar as legally permissible, the jurisdictions for all disputes arising directly or indirectly from the contractual relationship are as follows:
• Brainwave Channels Sdn. Bhd.
• Brainwave Inspiration Sdn. Bhd.
Should a provision of these Terms and Conditions or a provision contained within other agreements be or become invalid, this has no effect on the validity of the remaining provisions.
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V. ALTERATIONS TO THIS WEBSITE AND TERMS AND CONDITIONS
We reserve the right at any time to make changes to this Website and these e-Catalogue Terms and Conditions policies. You will be subject to the policies and Terms and Conditions in force at the time you use the Website. Changes which we are required to make by law could apply to transactions which you have already made. If any of the Terms and Conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining Terms and Conditions.
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VI. OUR RIGHTS TO REFUSE SERVICE
We reserve the right to refuse service to users for any reason. If your account registration has been terminated for any reason, you may not re-register without our prior written consent. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
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Last updated: July 2020