Ninety1st Terms of Service

 

1 Acceptance of Terms

By accessing or using this website, placing an order or paying a deposit, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree to these Terms, you may not use the website or our services. These Terms constitute a binding contract between you and Ninety1st Supply & Design (“we,” “us,” or “our”).

2 Offer and Formation of Contract

  1. Offer: We provide estimates and quotes for custom prop fabrication and rental. An estimate alone is not a contract.

  2. Acceptance: A contract is formed only when you (the client) pay the required deposit and expressly accept these Terms (e.g., by checking an acceptance box or signing an invoice). Payment of the deposit constitutes acceptance of the offer and agreement to these Terms.

  3. Production will not commence and no materials will be ordered until we have received the required deposit.

  4. Notice of Terms: We draw your attention to these Terms prior to accepting any deposit. We may refuse orders where the client has not acknowledged these Terms.

3 Deposits & Orders

  1. Non‑refundable Deposit: To secure your booking and reserve the materials and production time, a deposit of 50 % of the quoted price (or such other amount as specified in your quote) is required. Deposits are non‑refundable and non‑transferable under all circumstances, except where required by law (see section 9, Force Majeure).

  2. Reasonableness: The deposit amount reflects a reasonable pre‑estimate of our costs and the commitment of resources necessary to begin production. If you cancel or fail to proceed, we may retain the deposit as compensation for our time and materialswiki.clicklaw.bc.ca. If we cancel without cause, we will refund the deposit.

  3. Final Payment: The balance of your invoice (i.e., the remaining 50 %) is due before the scheduled event or delivery date, unless otherwise agreed in writing. Failure to pay the balance may result in cancellation or refusal of delivery, and your deposit will be forfeited.

4 Custom Work & Rentals

  1. Hand‑Made Craftsmanship: All our props are hand‑made and may exhibit minor imperfections. Variations in materials, finishes, colours, and dimensions.

  2. Samples and Renderings: We will provide renderings or design drawings for approval before production. These represent the general concept and may not be exact replicas. Approval of the final design in writing is required before we commence production.

  3. Safety Modifications: We reserve the right to modify the design to meet safety or functional requirements without prior notice, provided that the changes do not materially alter the intended purpose or appearance of the prop.

  4. Use and Intended Purpose: Our props are designed for temporary event use and are not intended as permanent fixtures or cabinetry. Props may not be suitable for heavy‑duty use, storage or food preparation. Clients must ensure the props are used in a manner consistent with their intended purpose.

5 Storage, Pickup & Delivery

  1. Collection Deadline: Completed orders must be picked up or scheduled for delivery within 14 days after we notify you that they are ready. If the goods are not collected within this period, storage fees of CAD $25 per day will apply.

  2. Delivery Quotes: Delivery fees quoted prior to delivery are estimates. Additional charges (e.g., for stairs, waiting time, parking fees or delays due to the client) will be invoiced after delivery.

  3. Client Responsibilities: You are responsible for ensuring that our staff has safe and timely access to the venue, including arranging loading permits, elevator access, and coordinating delivery times.

  4. Risk of Loss: Risk of loss and damage passes to you when the goods are delivered or collected by you or your agent. You are responsible for insuring the props from that point. Prior to transfer, we insure the goods for fire and other standard perils as permitted by the Trustee Actbclaws.gov.bc.ca.

  5. Inspection & Acceptance: Upon pickup or delivery, you must inspect the props and note any concerns about their condition or conformity to the agreed design. We will require you (or your authorized agent) to sign a delivery form or handover document confirming that the goods have been inspected and accepted in satisfactory condition. If you fail to sign or raise a concern at that time, the goods will be deemed accepted once they leave our premises, and no further claims regarding quality or defects will be accepted except as required by law.

  6. Shipping & Handling: Standard shipping is not included in our quotes unless expressly stated. If you require us to package and ship props to a location beyond our normal delivery area, we will invoice separately for all packaging, handling and freight costs. Risk of loss passes to you once the goods leave our premisesbclaws.gov.bc.ca. We are not responsible for damage or delay in transit when shipping via third‑party carriers.

6 Use, Liability & Damage

  1. Safe Use: You agree to use all props responsibly and in compliance with all applicable laws and safety guidelines. We are not liable for injuries, damages or accidents arising from misuse or improper setup of our props nanaimolaw.com.

  2. Weather: Unless explicitly stated in writing, props are not weatherproof and must not be left outdoors. Outdoor use is at your own risk.

  3. Return Condition: Rental items must be returned in the same condition as received. You will be charged for repair, replacement, or cleaning for any damage, loss or excessive soiling.

  4. Repairs & Adjustments Any repairs, adjustments, or modifications we perform after delivery or during your event are provided as a goodwill service. By accepting the repair or adjustment, whether on site or before leaving our shop,  you confirm that the goods and services are satisfactory and you waive any further claims related to the same issue.

7 Cancellations & Changes

  1. Client Cancellations: You may cancel an order at any time by notifying us in writing. Deposits are non‑refundable. If cancellation occurs within 14 days of the event date, up to 100 % of the final invoice may be charged at our discretion to cover committed labour and materials.

  2. Design Changes: Requests to change designs after production starts will incur additional charges and may delay delivery. We will provide a revised quote reflecting the additional cost and timeline.

  3. Our Cancellation Rights: We reserve the right to cancel or reschedule an order for reasons beyond our control (e.g., illness, equipment failure, force majeure). In such cases, deposits will be credited toward a future date or refunded, at our discretion.

  4. No Returns After Event: Once the event has occurred and the props have been used, no returns or refunds will be accepted. Our props are custom and/or event‑specific and cannot be reused or resold after an event.

8 Pricing & Modifications

  1. Price Changes: We reserve the right to adjust pricing due to material cost fluctuations or other factors. However, once a deposit is paid, your quoted price will not change unless you request changes to the order.

  2. Refusal of Service: We may refuse service to anyone for legitimate business reasons (e.g., non‑payment, abusive behaviour).

9 Force Majeure

  1. We are not liable for delays or failure to perform arising from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, war, civil unrest, supplier failures, or governmental orders. In such cases, our obligations will be suspended and may be rescheduled. Deposits may be credited toward a future date or refunded at our discretion.

  2. Weather Dependency: Because part of our fabrication process takes place outdoors, we rely on fair weather. Extended rain, heavy storms or other severe weather events that make it unsafe or impractical to work outdoors will be treated as force majeure. In such circumstances, our obligations will be suspended and rescheduled, and we will not be liable for resulting delays or minor defects caused by weather conditions. Deposits may be credited toward a future date or refunded at our discretion.

10 Limitation of Liability

  1. Scope of Limitation: To the fullest extent permitted by law, our total liability to you for any loss or damage arising from your order, including negligence but excluding gross negligence or wilful misconduct, is limited to the amount actually paid by you for the affected service or product

  2. Excluded Damages: We will not be responsible for any indirect, incidental, special, punitive or consequential damages, including loss of profits or business interruption, even if advised of the possibility of such damages.

  3. Gross Fault Exclusion: Nothing in these Terms excludes liability for intentional or gross fault, or for any liability that cannot be excluded under applicable 

11 Indemnity

You agree to indemnify and hold harmless Ninety1st Supply & Design, its officers, employees and contractors from any claims, damages, liabilities, costs or expenses (including legal fees) arising from your breach of these Terms, your improper use of the props, or any third‑party claim relating to your use of the props or venuefasken.com.

12 Intellectual Property & Content

All designs, photographs, content and ideas created by Ninety1st remain our intellectual property, unless explicitly released to you in writing. You may not copy, reproduce or share our designs without our written consent. Comments or suggestions submitted to us may be used without compensation.

13 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.

14 Governing Law

These Terms and any disputes arising under them are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of British Columbia.

15 Project Timelines & Delays

We will use reasonable efforts to meet the timelines agreed upon. However, project completion and delivery dates are estimates and may change due to design changes, late client approvals, material availability, transportation issues, weather, staffing, or other unforeseen circumstances. We will inform you of any material delays and work with you to reschedule.

16 Client Responsibilities

  1. Information: You must provide accurate and complete information regarding event details, venue access and timelines.

  2. Permits: You are responsible for obtaining all required permits or approvals from venues or authorities.

  3. Supervision: You must ensure props are supervised during your event to prevent misuse or damage.

 

17 Lead Times & Rush Orders

  1. Minimum lead time: We require at least 30 days’ notice from the date of deposit for any custom fabrication. Orders placed with less notice are accepted subject to our capacity and may not be completed in time for your event.

  2. Rush orders: Projects requested with fewer than 30 days lead time are considered rush orders. Rush orders may incur a 20% surcharge to cover overtime, expedited materials and re‑prioritisation. Any surcharges will be disclosed on your invoice.

  3. No guarantee of completion: While we will use reasonable efforts to meet event dates, we do not guarantee completion for rush orders. If we cannot complete a rush order by the event date, our liability is limited to refunding the rush surcharge and, at your option, returning your deposit or crediting it towards a future booking.

  4. Customisation complexity: Highly complex or bespoke projects may require longer lead times. We will advise you if your project cannot be accommodated within the standard timeframe. If you decline to adjust the timeline or project scope, we may cancel the order and refund your deposit

  5. Rush‑order finish disclaimer: Due to the compressed production schedule, rush orders may not meet our usual finish or detailing standards. We will use commercially reasonable efforts to produce high‑quality work, but rush orders may exhibit imperfections or less refined finishing compared with our standard lead‑time orders. By placing a rush order, you acknowledge and accept this limitation.

  6. Client assumption of risk: If we advise you that the requested timeline is insufficient to meet our usual finishing standards and offer to cancel and refund your order, but you choose to proceed, you acknowledge and accept that the project may exhibit imperfections or a less refined finish. By instructing us to continue, you waive any claim against us for aesthetic quality or defects arising from the compressed timeline.

18 Authority & Third‑Party Liability

  1. Authority: You represent and warrant that you have full authority to enter into this contract on your own behalf and on behalf of any other persons or entities (including sponsors, brand partners or event collaborators) with an interest in the props or the event. You confirm that all such persons or entities have authorized you to bind them to these Terms.

  2. Third‑Party Claims: We contract solely with you, the client. You agree to indemnify and hold us harmless from any claims, demands or liabilities asserted by your sponsors, affiliates or other third parties arising from or relating to the props or our services.

  3. Responsibility for Third‑Party Requirements: It is your responsibility to obtain and communicate any additional requirements or approvals of sponsors or third parties to us in writing before production begins. We are not responsible for losses resulting from your failure to obtain such approvals.

19 Assignment & Non‑transferability

  1. No Assignment: You may not assign, transfer or subcontract your rights or obligations under this contract to any other party without our prior written consent. Any attempted assignment without our consent is void.

  2. Binding Effect: These Terms bind and benefit the parties and their respective successors and permitted assigns. We may assign our rights and obligations under this contract as part of a sale of our business or corporate restructuring without your consent.

20 Changes to Terms

We may update these Terms from time to time. Changes apply to orders placed after the updated date. For existing orders, the version of the Terms in place at the time of deposit will apply. Continued use of our services after changes indicates your acceptance of the updated Terms.