TERMS & CONDITIONS OF HIRE
a. "We" "us" or "our" means Mackquee Marquee Hire Ltd or any associated division or company (and it's agent's servants or contractors).
b. "The hirer" "you" or "your" shall mean the person entering into this contract and where the hirer is entering into this contract on behalf of another entity, includes such entity. These extend to those claiming under or authorized by the Hirer.
c. "Hire charges" means all equipment including tools, consumables, accessories and parts supplied on hire to you.
d. "Amount Owing" shall mean the hire charges plus all costs, expenses and penalties for which you are liable to pay us.
2. ACCEPTANCE AND GENERAL
a. All goods are supplied on the basis of these terms and conditions ("terms") and any order received by us form you and/or your credit account with us (if any) shall constitute acceptance of these terms.
b. These terms: i)May be amended by us from time to time, & ii)Express the entire understanding and agreement between you and us shall prevail in the event of any conflict between these terms and the provisions of any document used by you or any other agreement with us iii) And any other agreement with us can only be varied by our express acceptance in writing
c. All rights and remedies under this agreement shall remain in full force notwithstanding any neglect, forbearance or delay in enforcing thereof.
d. Any notice provided is to be provided by us to you (as hirer) of any guarantor, including notification of any alterations to these terms, shall be deemed delivered and received by you five days after posting to your last known mailing address.
e.Notification and acceptance of an assignment of your obligations under this agreement or revocation of an agents authority shall not be deemed delivery and accepted by us unless we confirm it in writing. You shall advise us of any alteration to your legal entity structure and/or of any revocation of an agent's authority to purchase. Until such written confirmation is received form us, you shall remain liable for any amount owing and our conduct shall not be deemed acceptance or confirmation of any assignment to revocation.
f.These terms are to be read subject to relevant statutory provisions having effect in New Zealand that by law any such term which is not consistent with or repugnance to that legislation shall be null and void to the extent (and no further) of such inconsistency or repugnance. The remaining provisions shall not be affected, prejudice or impaired.
3. NO ASSIGNMENT OF HIRE AGREEMENT - a. This agreement is personal to the hirer and is not capable of assignment to you. This clause shall not prevent employees of the hirer using the equipment in conformity with this agreement.
4. HIRE PERIOD AND RATE OF HIRE - a)Hiring commences at the time shown on the face of the hire agreement, which is the time the equipment leaves our possession/warehouse/store and shall continue until the return of the equipment to our possession/warehouse/store within normal trading hours, or until expiry of the minimum hire period, whichever occurs last.
b)Risk of the equipment shall pass to you upon commencement of the hire period. All tools and other equipment are used at your own risk.
c)In the absence of special arrangement to the contrary, the equipment is hired at the rate detailed on the front of the form. The minimum chargeable period of hire shall be for a period of 4 hours irrespective of the length of hire.
d)Conditions which prevent satisfactory operation of the equipment do not relieve you of your responsibility for hire charges.
e)We may at any time and without reason or notice to you and/or any guarantor: i) Terminate or suspend any hire agreement or credit arrangement we have with you (and recover any hired Equipment) in which case the amount owing by you to us shall be immediately due:and-ii)at our sole discretion increase, decrease,suspend or revoke the amount of credit supplied to you.
f)Notwithstanding termination of the hire period, you shall be obliged to pay a sum equivalent to hire fees at the rate specified herein in respect of any period from the date of termination of the hire period until the equipment is actually returned to the owner's possession/warehouse/store in a fit condition for rehire.
5.DELIVERY AND COLLECTION OF EQUIPMENT - a)Should we agree to deliver and collect Equipment: - i) All cartage and delivery charges must be borne by you. ii) You authorize us to bring our vehicle onto your property (or the property where the Equipment is to be located) to deliver and/or recovery of the Equipment at the end of hire. We shall not be responsible to you or any third party for any damage that may be done by our vehicle or us during the delivery or collection of the Equipment. iii)Requests for collection of the Equipment must be made by the hirer on the day of making a booking. You must give us sufficient notice to allow us to collect and return the Equipment to our warehouse/store within our normal trading hours. Insufficient notice may incur a penalty equivalent to half a day's hire (Or a day and a half hire if notice is given on a Saturday afternoon).
b.Upon collection by the Hirer:- i)The hirer must arrange a time to pick up and return the Equipment with us upon making a booking. ii)All cartage is at your own cost. iii) You shall be liable for any damage/ loss/theft to the Equipment once in your possession. iii) You must give us sufficient notice to return the Equipment to our warehouse/store with our normal trading hours. Insufficient notice may incur a penalty equivalent to half a day's hire (Or a day and a half hire if notice is given on a Saturday afternoon).
6.CARE OF EQUIPMENT - a. The Equipment does not purport to be new stock or equal to new stock but all Equipment is understood to be in good working order for normal use at it's stated capacity at the commencement of the hire period.
b.You shall (and hereby agree to);- i)Determine using your sole judgment that the Equipment is suitable and is in a condition for the work intended. ii)Ensure that the Equipment is operated: a)By a suitably qualified operator using sufficient safety Equipment (as Offered or provided by us); & b)In a skillful and proper manner, within safety and environmental instructions provided by us;& c)Only used for the purpose and within the capacity for which it was designed. iii)Be liable for all consumables and the cost of reconditioning items deemed unfit for further use. iv)At your own expense clean, maintain, keep and return the Equipment in good and substantial repair and condition, failing which may charge you to reinstate the Equipment to it's original condition at the commencement of the hire period. v)Immediately notify us of any breakdown, damage, destruction, theft or loss of the Equipment and assist our inquiries in regards to the damage (including filing a police report). vi)Be liable for any loss, theft, damage or destruction of any Equipment during the hire period. All Equipment lost or damaged beyond repair will be paid for by you at the regular replacement price.
c.Breakdowns or damage resulting form negligence or misuse shall not in any circumstances shorten the period of hire.
7.OWNERSHIP OF EQUIPMENT AND OUR RIGHT TO RETAKE POSSESSION - a. Any Equipment supplied by us to you, whether in consideration of rental of free charge, shall remain our property. Whilst our Equipment is in your possession, you shall: i)Keep our Equipment fully insured in our name against all risk of every usual description and such other risks as we may require from time to time. ii)Not attempt to sell, assign, mortgage, lend or otherwise deal with or part with the possession or control of our Equipment or part thereof. iii)Not alter or make any additions to the Equipment, including, but without limitation, alter, make any additions to, deface or erase and identifying mark, plate number or any part thereof, on or in the Equipment or any other part of the Equipment or in any other manner interfere with the Equipment; & iv)permit us (our agents) at any time without notice to enter all premises at which we believe on reasonable grounds the Equipment to be stored, to inspect, remove or repossess the Equipment supplied by us.
8. PRIVACY ACT CONSENT & RIGHTS - a)Where you are an individual, you, (and any guarantor) understand this information is being collected in accordance with the Privacy Act 1993 and that you have the rights of access to and correction of personal information held by us. You (and any guarantor) agree and authorize us to obtain or divulge any information about you (including adverse information) from or to any third party (including credit reporting and debt collection agencies) in the course of our business activities including: i)Considering your credit worthiness and the operation of the account by you; ii)Assisting you to meet your credit obligations including tracing your whereabouts: iii)Notifying other credit providers, credit reporters or debt collection agencies of any information relating to the subsequent operation of this account including any default by you:& iv)Marketing of future goods and services. b)You (and guarantor) warrant that all information provided to us has been collected in accordance with the principles of the privacy Act 1993 and that any third party has authorized the use or disclosure of any personal information in any way deemed necessary by us for the purpose of carrying out the service requested by the client.
9. PAYMENT TERMS a)Unless otherwise agreed by us in writing, the price of the hire charges shall be our current price schedule at the date of dispatch ( a copy of which is available upon request). Equipment hired is on daily, weekly or monthly rates. All prices are quoted GST Inclusive. b)Cartages charges, fuel, cleaning charges and all saleable and consumable or reconditioned items are additional and not included in the hire rate. c)Any deposit required by us will be paid within 7 days of the creation of this contact. d)The amount owing shall be payable on collection or the day prior to the delivery of goods. e) Where credit facilities have been granted by us: i) All hire charges shall be paid not later than the 20th of the month following either date or invoice or at the end of the hire period whichever is earlier. ii) We reserve the right to interim bill any hire charges at the end of each calendar month in which case each amount is payable in accordance with our credit terms as well as any balance payable at the end of the hire period. f) Cancellation Fee Party Hire only: In the event of a confirmed booking cancellation by a customer for Party Hire (No Marquee Hire), the following fees will apply: Cancel within 7 days’ notice prior to delivery and/or hire date – 20% of the total invoice amount. Cancel within 48 hrs. notice prior to delivery and/or hire date – the total invoice amount is payable. i) Mackquee Marquee Hire Ltd retains the right to charge a cancellation fee equivalent to costs incurred by MMH Ltd. g) Cancellation of Marquee Hire: In the event of a confirmed booking cancellation by a customer for Marquee Hire (and/or inclusive of party hire), the following fees will apply: Cancellation 30 days’ or more notice prior to delivery and/or hire date the deposit amount minus any costs incurred to MMH Ltd is refunded. Cancel less than 30 days’ notice prior to the delivery and/or hire date incurs a cancellation fee of 20% of the invoice total. Cancel less than 14 days’ notice prior to delivery and/or hire date you pay 50%of total invoice amount. Cancel within 7 days’ notice of delivery and/or hire date the total invoice amount is payable. i) In the event of any outside services being booked by the supplier for the function, the full charge of these services may be incurred at the discretion of the supplier. h) You acknowledge that - i)We supply all goods to you on condition that all payments made to us from you are valid and in the ordinary course of business. Any payments are agreed to be received in good faith and in the reasonably held belief the payments are valid. ii) By accepting payment from you, we alter our position in reliance on the validity of that payment. iii) We may allocate payments as we see fit notwithstanding any specific tender by you. iv) Payment of the amount owing shall be free of any counterclaim, set-off, deduction or any other claim whatsoever. v) At our discretion, interest may be charged on overdue accounts at the rate of 2.5% per month (calculated daily). vi) You shall be liable for ALL full costs incurred by us in recovering the amount owing including debt collection agency Concession fees and legal costs.
You acknowledge that - i)We supply all goods to you on condition that all payments made to us from you are valid and in the ordinary course of business. Any payments are agreed to be received in good faith and in the reasonably held belief the payments are valid. ii) By accepting payment form you, we alter our position in reliance on the validity of that payment. iii) We may allocate payments as we see fit notwithstanding any specific tender by you. iv)Payment of the amount owing shall be free of any counterclaim, set-off, deduction or any other claim whatsoever. v) At our discretion, interest may be charged on overdue accounts at the rate of 2.5% per month (calculated daily). vi) You shall be liable for ALL full costs incurred by us in recovering the amount owing including debt collection agency Concession fees and legal costs.
10. LIABILITY - a) We make no warranty or representation as to the date or quality of fitness of the Equipment for any particular purpose and no such warranty shall be implied from the description of the Equipment on the face of this form. b) All advice and information is whatever form it has been given is given gratuitously and without liability. No guarantees, warranties, representations or agreements made on our behalf shall be binding on us unless made in writing c) We are not liable for any loss or liability suffered by you or any third party as the result of the breakdown of the Equipment however caused. d) You shall indemnify us for any loss incurred as a result of you breaching these terms. You will also indemnify us against any claim by a third person in respect of any loss, injury or liability arising form this hiring or arising our of the use of the Equipment by you. e)To the maximum extent permitted, we shall not be liable to you to any guarantor (or any agents or employees) whether in contract, tort or otherwise for: i)Any minor variation in product specifications including but not limited to colour or design, which may occur from time to time; or ii)Any loss of profits, consequential, indirect or special loss;or iii)Any delay in delivery or damage, injury, cost or loss of any kind arising directly or indirectly (including force of majeure) from any breach of our obligations to you. f)Where it is found we are liable to you, unless otherwise agreed in writing, the maximum cost of our liability, however arising, shall not exceed the lesser of; i)The contract price; or ii)The value of the goods or service which are the subject of the claim.
11. DISPUTES - a)Subject to the payment terms listed above. i) you must notify us of any disputed portion of an invoice/account within seven days of receipt of invoice along with full documentation in support of the disputed portion. ii)The parties shall attempt in good Faith to negotiate a settlement to any dispute between then arising out of or in connection with these terms. If the parties cannot resolve the dispute it may, by agreement between the parties, be referred to mediation. iii)Should agreement to mediate or any agreement on the mediator, not be reached within 14 days of notification of the dispute, we shall be entitled to enforce our rights via legal proceedings.
12. CONSUMER GUARANTEES ACT (1993) - a)Nothing in these terms of trade excludes, limits, restricts or is intended to derogate from any right or remedy which you may have pursuant the Consumer Guarantees Act 1993 ("the CGA"), if you are a consumer as defined in the CGA who requests the goods and services for personal use. b) The guarantees contained in the CGA are expressly excluded where you acquired goods or services from us for the purpose of a business.