Terms and conditions.
Terms and Conditions
1. DEFINITIONS
1.1. “Client”means the person(s) hiring the Goods or receiving the Services or any person acting on behalf of and with the authority of the Client.
1.2. “Event” means the day in which the Parties have agreed the Goods and Services will be provided and used for. This may include more than one day, subject to agreement by the Parties.
1.3. “Goods” includes all goods, equipment, product, vehicle or any other item belonging to The Hirer Ltd which is hired or borrowed by the Client, or is present on site of the Event for any reasonwhatsoever.
1.4. “HirePeriod”means the 3 dayperiodfrom delivery of the Goods until they are returned to the possession of The Hirer Ltd, unless a longer period is agreed to by the Parties.
1.5. “Owner”, or“The Hirer Limited”, its successors and assigns or any person acting on behalf of and with the authority of the owner.
1.6. “TheParties”means The Hirer Ltdand/ortheir representatives and theClientand/or their representatives.
2. CONDITIONS
2.1. The terms of trade set out below govern all of the supplies of Goods and Services from The Hirer Ltd to the Client. The Client, their representatives and/or any person responsible for the hiredGoods is deemed to have read, understood, accepted and is immediately bound by these terms on payment of deposit and/or on acceptance of any Goods or Services from The Hirer Ltd.
2.2. These terms and conditions replace all earlier written or oral agreements between the Parties, as well as any terms and conditions contained in any document used by the Client that purport tohave contractual effect.
2.3. The headings of each clause within these terms are for reference only and should in now way affect the interpretation of the individual clauses.
3. HIRE TERMS
3.1. The Hirer Ltd agrees to hire the Client the Goods on an exclusive bases in good working order.
3.2. Hire is for 3 consecutive days with the understanding that items are used for 1 day only. The length of this period is to allow collection/delivery, use and return of the Goods. There are no discountsfor shorter higher periods. Should the Client wish to extend the hire period an additional hire charge of 50% of the total hire will be charged per additional day.
3.3. If the items are not returned within 3 days,an additional hirer period of 3 days will begin with additional costs charged to the Client.
3.4. Any variations to the hire period must be agreed in writing at the time the booking is confirmed.
4. TITLE AND RISK
4.1. The Hirer Ltd remains the owner of the Goods. The Client holds the Goods as bailee only during the Hire Period. The Hirer Ltd retains the title to the Goods even if the Client goes in to bankruptcy or liquidation during the Hire Period.
4.2. TheClienthas no right to agree, attempt, offer or purport to sell, assign,sublet,pledge, hire out or otherwise part with possession of the Goods supplied to them.
4.3. All responsibility lies with the Client for safekeeping of the Goods during the Hire Period against loss, theft or damage however caused whether or not such loss is attributable to negligence or other omission by the Client.
4.4. The Hirer Ltd accepts no liability for any claims in respect of any injury to persons or damage to property arising out of use of the Goods provided, however caused. The Hirer Ltd do not accept any responsibility for losses or damage to any person or property as a result of using the Goods.
4.5. The Client shall be liable for any costs, including insurance fees, which may be incurred due to an accident involving any hired Goods or products, including the trailers, whether or not the Client is at fault.
5. QUOTATIONS, PAYMENT AND CANCELLATION
5.1. The Hire Fee, delivery charges and any other taxes and charges due under this Agreement (together the ‘Charges’) are exclusive of GST, which must be paid by the Client in addition to the Charges.
5.2. All quoted prices are valid for 30 days. If a quote is not accepted within this time the prices are subject to change.
5.3. Client must pay to The Hirer Ltd an amount of $500.00 or certain percentage of the Hire Fee or such other as is described in the quotation as a security deposit (Bond). Without limiting any other of The Hirer’s Ltd rights or remedies, The Hirer Ltd is entitled to debit the Bond for any outstanding Hire Fees (including without limitation costs and charges for recovery) and/or for cost of any images of loss to the Goods. The Hirer Ltd will refund the balance of any Bond within 14 days of a written request conditional upon the Goods having been returned to The Hirer Ltd and if and only if, all outstanding Hire Fees and other charges due to The Hirer Ltd under this Agreement are paid in full.
5.4. Quotes are deemed to be accepted when the non-refundable 50% deposit is paid to The Hirer Ltd. If no deposit is paid, items are subject to availability only.
5.5. The remaining balance of the price is required to be paid at least 10 working days before the event takes place.
5.6. Clients have two (2) weeks to remove an item from the order once the quote is accepted. After the two weeks have passed the Client is liable to pay 50% of the cost of the product they wish to remove from the order. Fluctuations in numbers of guests may be allowed after this 2 week period with no extra costs, subject to the sole discretion of The Hirer Ltd.
5.7. In the event of a cancellation, the deposit is non-refundable due to loss of potential business attributed to the booking. If cancellations are received within two months of the Event, 50% of the full price is payable. If the cancellation is within two weeks of the Event, 100% of the full price is payable.
6. DELIVERY
6.1. All Goods are carefully checked by The Hirer Ltd when packed, however, it is the Client’s responsibility to also check the order themselves on receipt of delivery.
6.2. Any missing, incorrect or damaged items must be communicated to The Hirer Ltd as soon as possible. Any complaints made after the return or pick up of the Goods will not be considered and will be attributable to the Client.
6.3. The Hirer Ltd will not be liable for any delays to delivery of Goods or Services caused by circumstances outside of their control.
6.4. Delivery and set up is not included in the hire price. TheClient shallpay for all delivery costs.
6.5. The Client or a representative of the Client must be present at the time of delivery of the Goods. If the Client is unable to do this, The Hirer Ltd will endeavor to leave the items in a safe, weather protected place. Should the Goods be damaged, stolen or go missing in this situation, the Client will be liable for any costs associated with this.
7. DAMAGE AND ADDITIONAL COSTS
7.1. All items must be returned in the same condition as they were provided. The Client will be liable for any costs associated with repair or replacement (including shipping) of any Goods hired.
7.2. All items remain the property of the Owners, including damaged items whether or not the Clients have been charged for their replacement.
7.3. Although every effort is made to ensure Goods are in top condition when delivered, it is the Clients responsibility to check all Goods on acceptance of delivery.
7.4. Any damaged or missing items not notified in writing by the Client to the Owner prior to the date of the Event will be attributed to the Client and the subsequent charges may be invoiced after the Event.
7.5. If in the Owners opinion the Goods returned are excessively dirty and additional cleaning above the normal amount is necessary, this will be charged to the Client.
8. USE OF PHOTOS AND VIDEOS
8.1. By agreeing to these terms and conditions, the Client agrees to allow The Hirer to access photos and videos of the Event and the Goods and Services provided by them and by others, via direct contact with any professional photographer beingengaged.
8.2. The Client also provides permission for The Hirer Ltd or its representatives to take their own photos and videos of the Event and the Goods and Services provided by them and by others.
8.3. These photos may be used for promotional and advertising purposes including but not limited to material produced by The Hirer Ltd for websites and social media.
8.4. If the Client does not wish for photos or videos to be available for use by The Hirer Ltd, or does not want material which may identify the Client to be used, this must be notified in writing at the time of booking, and before part-payment has been made.
8.5. The parties may by mutual agreement, agree to restrict the publication of such material by The Hirer Ltd until such time as the Client has had a reasonable opportunity to publish or share the material themselves.
9. SEVERABILITY
9.1. If in the event that any part of these terms or conditions will be determined to be invalid, unlawful or unenforceable for any reason, such terms and conditions will be severed from the remaining terms and conditions, and will have no effect on the enforceability of the rest of the terms and conditions contained herein.
9.2. These terms and conditions will be governed by the laws of New Zealand and any legal action arising out of its use shall be brought and enforced within the jurisdiction of New Zealand.
9.3. If The Hirer Ltd does not initially enforce any term or remedy contained in this agreement, this in no way limits their right to do so later should the issue not be resolved or in The Hirer Ltd.’s opinion enforcement of the term is a necessary step for them to take.
10. PRIVACY
10.1. The Hirer Ltd has the highest respect for their Client’s privacy and as such will not pass on the Clients information to any third party unless the Client has requested the seller to do so, granted permission for The Hirer Ltd to do so or The Hirer Ltd is required to by law.
10.2. All personal information collected will be used solely for the purpose stated, or to contact you with relevant information. If you wish to remove or change your information held by The Hirer Ltd, we will promptly take action to comply with your request.
11. LIABILITY
11.1. Except where The Hirer Ltd is in breach of a guarantee in terms of the Consumer Guarantees Act 1993, the Client in entering into this contract acknowledges that in all other circumstances whatsoever The Hirer Ltd shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (whether in contact or in tort) including that resulting from the negligence of The Hirer Ltd or arising by operation of law and whether suffered by the Client and/or third party for any amount that exceeds the amount actually paid by the Client to The Hirer Ltd pursuant to this contract.
11.2. The provisions of the Consumer Guarantees Act 1993 (New Zealand) are excluded from any supply agreement. If you are purchasing or holding yourself out as purchasing the Products for a business purpose. To the extent permitted by law, all statutory or implied conditions, warranties and guarantees which would apply are expressly excluded.
11.3 Should The Hirer Ltd be delayed in or prevented from making delivery owing to any cause whatsoever beyond their control, then The Hirer Ltd shall be at liberty to cancel or suspend the order without incurring liability for any loss or damage resulting therefrom.
11.4 The Hirer Ltd shall not be responsible for any breach of this Agreement due to any matter or thing beyond its control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, industrial action, war, riot or civil commotion, intervention of public authority or accident).
12. The Clients obligation to The Hirer Ltd:
1. The Client must:
1.1. Keep the Goods in proper working order and condition;
1.2. store the Goods safely and securely and protected for theft, seizure, loss or damage;
1.3. not alter, tamper, damage or repair the Goods without our written consent;
1.4. not remove any label, identifying mark or safety instruction for the Goods;
1.5. not remove the Goods from the location described in the quotation;
1.6. allow The Hirer Ltd (or a nominated person) at any time during the Hire Period, to enter the premises where the Goods are stored to inspect the Goods;
1.7. notify The Hirer Ltd immediately if there is any loss or damage.
12.2. If the Goods are damaged (other than fair Wear and Tear) and capable of repair, the Client must compensate The Hirer Ltd for the cost of repair. If the Goods are lost or damaged beyond repair, the Client must pay The Hirer Ltd the new replacement cost of the Goods and any other costs incurred by The Hirer Ltd due to the loss or image of the Goods.
12.3. In the event the Goods are lost or damaged in circumstances where a claim can be made upon insurance effected by The Hirer Ltd pursuant to these Terms then the Client must;
12.4. Report the damage or loss to The Hirer Ltd and the Police (if appropriate) immediately upon the Client becoming aware of such loss or damage;
12.5. Provide all necessary co-operation to The Hirer Ltd, the Police and the insurer in respect of any claim;
12.6. Immediately upon demand pay to The Hirer Ltd a minimum excess of $1,000.00 per claim;
12.7. This provision does not in any way affect the Clients liability for any loss of damage to the Goods or any monies payable pursuant to those Terms.