Terms Of Hire
Terms of Hire
When you place an order, or accept delivery of any goods you accept these terms between yourself (the hirer) and Hibiscus Coast Party Hire (the supplier).
- The goods or equipment are, and will at all times remain, the absolute property of Hibiscus Coast Party Hire.
- The most current Terms of Hire apply at all times; terms on printed invoices or contracts may be updated at any time. Any and all amendments of the terms must be in writing, and agreed by both parties (electronically or in person).
- These terms and conditions and any contract to which they apply are governed by the laws of New Zealand. If any part of these terms is not enforced, by either party, that does not mean that any of the terms have been waived. Both parties keep their rights to enforce these terms at any time. If any of the terms are illegal or unenforceable, this does not affect the rest of the terms.
- Any liability is limited for breach of contract, or damages is limited to the price of the goods or equipment.
- We may employ subcontractors for some of our services.
- Please check your order carefully, as we accept no liability for mistakes - either in the order, delivery or documentation, provided that this is not through negligence or wilful mis-conduct.
- You must keep the goods or equipment in your own possession and control at all times. You must not sub-contract, lend or provide any other party with our equipment.
If you are acting in the capacity of trustee of any trust (“Trust”) then whether we know you are doing so or not, you agree to the following:
- You have authority under the Trust to enter into a Contract with us.
- If the Trust provisions do not provide you with indemnity cover, you accept personal liability for any loss or damage to our goods or equipment
- the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund
- You must notify us immediately if any of the following happen while we have a contract in place:
- You are removed, replaced or retired as a trustee of the trust
- There is any alteration to or variation of the terms of the Trust, or
- any advancement or distribution of capital of the Trust; or
- any resettlement of the trust property, that will alter the Trusts ability to meet any contract obligations with us.
We recommend that you consider insuring large events, for loss or damage to our goods or equipment and have adequate Public Liability Insurance as we do charge for loss or damage to our equipment, and you are responsible for all public liability.
Ordering and Payment
Credit and Identification Checks
- A credit check may be performed prior to any hire date to establish a credit limit for your account. If you do not have sufficient credit to pay in full for the items hired, we will advise you and will not deliver any items until agreement about payment is reached.
- We may ask for photo ID and proof of address before delivering items.
- We need 14 days notice of change of details - including name, address, contact numbers, change of trustees or business ownership.
A non-refundable deposit is required to secure a booking with the balance being payable before pick up and/or delivery. Your paid deposit is deducted from the total invoice due.
A refundable bond is payable and will be refunded if the goods or equipment are returned in good order and condition. Your bond is returned within ten(10) days of your hire return, provided all items are clean, damage free and in working order. During busy times, or for large orders, there may be a slight delay processing your bond return as all items must be checked.
We reserve the right to change a price at any time, this may be because of:
- A change in the items ordered, or supplied by a third party
- Unforseen costs associated with delivery or setup e.g. obstructed access or inclement weather
- Quoted prices are valid for 30 days, unless the quotation states otherwise.
- If the giving of a quotation for the supply of goods or equipment involves the Supplier estimating quantities, it is the responsibility of the Client to verify the accuracy of the Supplier’s estimated quantities, before the Client places an order based on such estimate or accepts such quotation.
- Should the Client require any changes to the Supplier’s estimated quantities, the Client shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that quotation.
All payments for services must be made in full.
- Payment for casual orders (non-account holders) is required on or before delivery of the goods or equipment.
- Payment by installments or progress payments may be permitted by arrangement only, and must be in writing.
- Payment must be made for any invoices in dispute.
- Approved Clients, may be provided with an account, and will be invoiced. Unless otherwise specified (agreed as part of account conditions) all invoices are to be paid within 7 days following the date of invoice.
Trade Accounts - Suppliers to Hibiscus Coast Party Hire
If we purchase or hire items or services from you, you cannot off-set or deduct any sums owed to you by Hibiscus Coast Party Supplies from any invoice to you for services, or goods or equipment.
Defaulting on Payment - Overdue Accounts
- Interest is charged daily on overdue invoices from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month. Interest will compound monthly.
- All costs and disbursements incurred in recovering any debt will be paid by you, the debtor. This includes all costs incurred if you make a payment, but then reverse this payment (by any method) in order to defraud or otherwise contravene this contract.
- If you are overdue with any payments, or cannot make a payment when it falls due - including if you become insolvent or have a receiver or manager appointed, or exceed your credit limit, we may cancel all or part of any unfulfilled order(s).
Insolvency: Personal Property Securities Act 1999 (“PPSA”)
If you are declared insolvent, or placed under management of a receiver, liquidator or similar while in possession of our goods or equipment:
- these terms and conditions constitute a security agreement for the purposes of the PPSA; and
- a security interest is taken in all Goods previously supplied by the Supplier to the Client (if any) and all Goods that will be supplied in the future by the Supplier to the Client.
- sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
- indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
- not register a financing change statement or a change demand without the prior written consent of the Supplier; and
- immediately advise the Supplier of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
- the Supplier and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this Agreement.
- You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
- Unless otherwise agreed to in writing by the Supplier, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
- The Client shall unconditionally ratify any actions taken by the Supplier under clauses 7.1 to 7.5.
Security and Charge
- In consideration of the Supplier agreeing to supply the goods or equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
- You indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.
- You irrevocably appoint the Supplier and each director of the Supplier as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause including, but not limited to, signing any document on the Client’s behalf.
- If at any time you are in breach of any obligation (including those relating to payment) under these terms and conditions we may suspend or terminate the supply of goods or equipment to you. We will not be liable to you for any loss or damage you may suffer if we exercise our rights under this clause.
- We may cancel any contract to which these terms and conditions apply or cancel delivery of goods or equipment at any time by giving you written notice. We will repay you any money paid, but we are not liable for any loss or damage arising from such cancellation.
- If you cancel hire of goods or equipment you are liable for any and all losses we have incurred (whether direct or indirect) as a direct result of the cancellation (including, but not limited to, any loss of profits). Bookings are held in good faith that you are intent on hiring the goods and we may turn away other bookings due to this, therefore potentially losing opportunity to re-book items when you cancel.
The following cancellation charges apply:
- 31 days or more from your event date your 25% deposit will not be refunded
- 30 days or less: A full forfeit of hire fees will be applied if cancelled within 30 days of the booking date (not including bond fee)
- We must be notified in writing of any cancellations/changes to bookings.
COVID-19 CANCELLATION POLICY
We will move all postponed event dates due to COVID-19 levels moving up or down to a new mutually agreed date.
Note that if you cancel your booking in full due to COVID-19 level changes and accompanying government directions, the 25% deposit is non-refundable (if the date is outside the 30 day cancellation policy), if within 30 days, the 25% deposit is non refundable however remainder of hireage payment will be refunded. If you decide to change your event but no restrictions are issued by the government, normal cancellation policy applies as above.
Delivery of goods or equipment
Delivery (“Delivery”) of the goods or equipment is when:
- You, or your nominated carrier, take possession of the goods or equipment from our address, or
- We, or our carrier, delivers the goods or equipment to the your nominated address even if you are not present at the time
- We may deliver your equipment in installments, depending on the size of your items.
- Times for delivery are an estimate only. We will do everything we can to deliver on time, but we are not liable for any loss or damage due to late delivery.
- Delivery and pickup costs are charged.
- If you are unable to take delivery at the agreed time, we may charge for redelivery, storage or other fees accrued (driver, or delivery vehicle rental or parking charges etc)
Hire of goods or equipment
- The hire period is from the time the goods or equipment leave our premises until their return, or until the expiry of the Minimum Hire Period, whichever occurs last.
- The Minimum Hire Period is 1 day (24hours), standard hire includes 4 days, no reduction in hire cost is made for shorter periods.
- The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
- Not using the equipment does not reduce the hire contract. If an item breaks down, we will waive hire charges for the time the item is unusable, provided that you notify us immediately, and it is not due to negligence or misuse.
You are responsible for:
- all liability for any injury to persons, damage to property, or other costs or damages, from the use of the goods or equipment during the hire period.
- obtaining any permits, permissions or licenses, or consents required from any local authority or adjoining land owners both for you event, and the use of any of our equipment
Delivery and Pickup
- Inspect the goods or equipment on delivery, and immediately check that all items are working..
- If there is anything wrong - defects, damage, or shortages you must let us know within 2 hours of receipt, so that we can inspect, repair or replace as we see fit.
- When your Hire Period is complete, you must ensure the equipment or goods are packed ready for loading and collection in the same condition as we supplied them in.
- If more than one person is required to load goods or equipment, you will provide someone to do this.
Keeping our items and equipment safe
- The safekeeping of the goods and equipment during your hire period.
- Do not fix the goods or equipment (or any part thereof) to any permanent structure except with the fixings and\or instructions we provide.
- Notify us immediately by telephone if there is any mechanical breakdown or accident in connection with the goods or equipment during your hire period. You are not absolved from the requirements to safeguard the goods or equipment by giving such notification.
- operate all goods or equipment safely and only for its intended use, and in accordance with any manufacturer’s instructions.
- comply with all occupational health and safety laws relating to the goods or equipment and its operation, including not exceeding any recommended or legal load or capacity limits.
- not carry any animals, illegal, prohibited or dangerous products on, or in, the goods or equipment supplied without the prior written permission of the Supplier
- not alter, interfere with or make any additions to the goods or equipment, including defacing or erasing any identifying mark or instructions.
- You will make sure we have clear and free access to the site at all times to enable us to deliver, and pickup goods or undertake any services you have requested.
- We will not be liable for any loss or damage to the site including damage to pathways, driveways, concreted, paved or grassed areas, etc. unless there is negligence.
Allow Inspection of equipment
We (including our employees, duly authorised agents or representatives) have the right, at all times to:
- enter onto the site where our equipment is located
- inspect the state of repair or condition of our equipment;
- carry out any tests on the equipment as may be reasonably necessary including but not limited to, health and safety tests or inspections;
- observe the use of the equipment you (the hirer and any others you have given access to our equipment); and
- do anything required by law or to otherwise protect the our rights or interests in the equipment.
We will give you reasonable notice and will not unduly interfere with your business operations or event to do so.
Structures - Marquees, Gazebos, Arches etc
If we are erecting structures, you must:
- not alter or interfere with them in any way. This applies to walls, linings, guidelines or anchors, planks and kickboards supplied.
- ensure any underground or overhead services in the designated area where a marquee is to be erected are clearly marked.
If you are erecting structures or other equipment, yourself, you must comply with all health and safety legislation relating to both your event, and using any of our equipment. This includes:
- Anyone erecting the goods or equipment must be suitably instructed in their safe and proper use, and where necessary, hold a current certificate of competency and/or are fully licensed.
- The site must be cleared and ready for installation of the goods or equipment before you start installation, foundations must be sufficiently firm to safely carry the structure or equipment (and any other load such as guests), and ensure any equipment or the structure is not damaged.
- You must make sure all structures are securely anchored.
- You must check the weather forecast and not erect any structure, or leave it in place, in conditions that are beyond manufacturers tolerances.
- Damage to, or loss of structures, and any equipment within or damaged by them, will be charged for either for repair or loss, and you may also be charged for any loss of profit (loss of bookings).
Using Marquees and Gazebos
- If you are hiring a marquee or gazebo you must not use items or substances that can damage the fabric or structure, including the waterproofing. This includes:
- naked flames, gas fires, gas appliances, heaters, candles or other hot things, unless otherwise agreed.
- aerosols and chemicals, including hairspray and insect repellent, as these substances will damage the waterproofing, and can stain the fabric.
- Do not rest items on the canvas surface, as this can damage the waterproofing seal.
At the End of Your Hire Period
When your hire period ends, you must return all equipment, complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted.
You must pay:
- the new list price of any goods or equipment that are for whatever reason destroyed, written off or not returned to us(lost).
- all costs incurred in cleaning the goods or equipment.
- all costs of repairing any damage to our equipment (regardless of cause).
You must not use our credit or name to authorise repairs or cleaning with third parties at our expense.
- All items must be returned in the same condition as you received them. We will charge a cleaning fee for items that are returned dirty.
- Under no circumstances are the goods or equipment to be machine washed, tumble-dried or wrung out.
- Marquees and Gazebos - You must only use a soft damp cloth to clean any dirt, spots or stains. You must not use soap, detergents, chemicals, abrasives or rough brushes, as these will damage the waterproof coating.
Completion of your Hire obligations : Return of Goods or Equipment
Return of the goods or equipment (“Return”) will be completed when:
- the goods or equipment is returned by the Client to the Supplier’s place of business, or
- when the Supplier takes back possession of the goods or equipment once collection by the Supplier is affected.
Non-Return of goods or equipment
If you originally agreed that you would return the goods or equipment to our premises, or any pre-agreed pickup location, and do not, we will charge for:
- any additional costs incurred by us in picking up and returning the goods or equipment, and
- any lost hire fees the Supplier would have otherwise been entitled to for the goods or equipment, under this, or any other hire contract.
- You authorise us to enter any premises where we believe the goods or equipment are kept and recover possession of the goods or equipment.
- We may recover possession of any goods or equipment in transit whether or not Delivery has occurred.