Events Auckland (hereinafter referred to as "The Owner") agrees to provide its equipments on hire in accordance with the terms and conditions hereafter stated.
1. The period of hire shall commence from the time and date when the Equipment is delivered and shall terminate when the Equipment is returned to the Owner's storage premises.
2. The Owner would undertake to provide the Equipment to the Hirer by the agreed date but failing to do so due to any justified cause would not subject the Owner to any liability.
3. The Hirer must collect the hired equipments from a venue specified by the Owner.
4. A bond will be required when hiring items. This will be added to the hire charge and will be refunded to the Hirer if the equipment is returned in good condition and clean state.
5. Deposits are required on all future bookings. The amount will be 50% of the total hire fee due unless otherwise discussed with the company.
6. While every endeavour will be made to supply equipment as ordered, The Owner reserves the right to substitute "like" equipment when and where necessary.
7. The Equipment shall remain the property of the Owner and would be provided to the Hirer solely on a rental basis.
8. Charges:
8.1 Hire charges shall be the amount negotiated between the parties. The Owner reserves the right to alter the hire charge for Equipment already on hire by written notice to the Hirer.
8.2 The Hirer must pay the total charges (rental fee plus bond) before the delivery of the items.
9. Proper Use
The Hirer will use the equipment only within the limits and for the purpose for which it was designed and only for the purpose set out in the hire description. Failure to comply would be deemed as misuse and the agreement terminated forthwith. The equipment will be returned to the Owner immediately and any reparation for damage or loss or other payment in regard to the agreed hire period will be charged.
10. Hirer's Responsibility for the Equipment
10.1 The Hirer must check the hired equipment(s) upon acceptance at the time of hiring.
10.2 The Hirer must take reasonable care of the Equipment and must not deliberately damage it, tamper with it, attempt to repair it or mistreat it in any way.
10.3 The Hirer must ensure that the Equipment is kept in the correct environment.
10.4 The Hirer must keep the Equipment in good condition and not subject the same to any misuse (normal wear and tear excepted) and indemnify the Owner against any loss or damage to the Equipment.
10.5 The Hirer will ensure that children using the equipment are properly supervised at all times by their parents or caregivers to ensure that no items get damaged and to make certain that no child is injured whilst using the equipment.
10.6 The Hirer must properly clean all the hired equipments prior to the return of the same to the owner. Overdue items and items returned dirty will incur an additional charge.
10.7 If the Equipment is lost, stolen, or damaged in any way (including electrical damage) after the Owner have delivered or installed it, the Hirer must pay the standard charges for repairing or replacing it.
10.8 The Hirer must ensure that any instructions supplied by the Owner for use of the Equipment shall be fully observed.
10.9 The Hirer must ensure that the Equipment shall be operated in a skilful and proper manner and by persons who are competent to operate the same.
10.10 The Hirer must not sell, assign, sub rent, transfer or charge the Equipment or any part during the period of hire.
10.11 The Hirer must not make any alterations, modifications or technical adjustments or do or, attempt any repairs to the Equipment without the prior consent of the Owner and the Hirer acknowledges that any items or non-expendable material not returned to the Owner will be charged to the Hirer at full replacement cost.
10.12 It is the hirers responsibility to load and unload the goods hired when collecting and returning the goods.
11.0 Access
11.1 The Hirer shall agree to allow persons authorized by the Owner to enter premises at all reasonable times to inspect the equipment and ensure it is being used correctly and for any other purpose arising from this contract.
11.2 The Owner shall normally carry out installation work during the usual working hours but may, on reasonable notice, require the Hirer to provide access at other times. At the Hirer's request, the Owner may agree, exceptionally, to work outside usual working hours.
12 No allowance will be made for time when equipment is not used by the Hirer during the specified time frame of the hire. Equipment in the possession of the Hirer will be deemed by the Owner as a hire period whether the equipment is used by the Hirer or not.
13. Any equipment not returned by the due date will be charged to the Hirer.
14. Loss or Damage
14.1 The Hirer accepts full responsibility for loss or damage during the period specified in the agreement as the period of hire. Loss or damage may be caused by accident, misuse, negligence, or any or all other means.
14.2 Should damage occur to any equipment the damaged item must be returned as soon as practicable to the Owner. Failure to do so will be deemed as loss and treated as such.
14.3 The Owner will not be responsible for any delays, accidents, loss or damage of any kind, direct, indirect or consequential which may arise through defects, breakdowns, or mistreatment of the hired equipment while said equipment is in the care of the Hirer.
14.4 If equipment is found to be faulty by the Hirer, the Owner must be notified immediately. The Owner will either cease the hire or replace the equipment should the equipment fault be caused by the Owner. Cessation or replacement is at the discretion of the Owner.
15 Breach of the contract
Should default occur in payment of the hire charge, Or should there be a breach of any of the Terms or Conditions of this agreement, the Owner reserves the right to terminate this or any agreement made with the Hirer forthwith and to recover possession of all equipment without prejudice to the Owners rights to recover all amounts outstanding for hire, reconditioning, replacement, sub-hire due to other commitment, recovery expenses, cartage, or any other expense caused by such default.
16. Termination
16.1 The Hirer has the right to terminate this contract by giving notice within 3 months to two weeks prior to the commencement of the hire contract, then a 30% of total amount would be deducted and balance refunded as to cover aministration cost. If hirer cancels on the week of hire, no refund of deposit as company losses on that hire.
16.2 Should the Hirer fail to give notice of termination and/or cancellation within a specified time, 50 percent of the advance payments received by the Owner will be deducted.
16.3 The Owner has the right to terminate this contract by giving notice within a reasonable time.
16.4 Upon termination, the Hirer must pay the Owner any unpaid amounts owed, and the Owner must refund to the Hirer any amount paid in advance after necessary and reasonable deductions.
17 Limitation of Liability
The Owner does not have any implied obligation, duty or liability in contract or tort other than as explicitly stated in this contract.