The Conditions of Hire set out below shall apply to all contracts to the hire of equipment between the Owner and the Hirer or their appointed agent. This contract is personal to the Hirer and is not capable of assignment whether in whole or part by the Hirer.
A non-refundable deposit (typically 20%) must be received at the time of the order, unless otherwise agreed in writing. If the Owner does not receive a deposit from the Hirer, the Owner shall be entitled to cancel the Hirer’s order and re-hire the equipment without notifying the Hirer. If the Hirer cancels a booking on or prior to the Commencement Date, no refund will be given unless the equipment is re-hired to another customer. If the Hirer’s equipment or service is unable to be re-hired to another customer, then the Hirer is liable for payment in full.
The Hirer may be required to pay a bond to the Owner. The bond will be returned in full, less any charges for damaged or soiled equipment. Refunds of bonds may be made up to 1 week after the equipment has been returned to or picked up by the Owner.
The Hirer will pay to the Owner all costs including any administration costs and fees, debt collection fees, legal fees, and disbursements incurred by the Owner in connection with the exercise or attempted exercise of any of its rights and remedies under this hire agreement, including but not limited to, late payment of accounts.
For bookings made within 3 days of your event we suggest you call 0800 30 90 90 to ensure we can cater for your event at short notice.
Equipment may be hired from the Commencement Date to the Termination Date. The hire period begins from the time the equipment is delivered or picked up and runs until the equipment is collected up or returned to the Owner, or this hire agreement is terminated due to conditions in this agreement.
All hired equipment is to be returned in the same state as it was hired in. The Hirer shall pay for delivery/removal costs (if applicable), excess use charges, damage to or loss of the equipment, confiscation charges and other fines and professional cleaning costs (if any). The Hirer shall also pay for any costs and/or loss of earnings incurred by the Owner if the equipment is confiscated, or is returned late or in a damaged state such that the equipment is not available or suitable to hire to a future party. Such costs would include, but is not limited to, sub-hiring equipment from third parties, transportation of sub-hired equipment, and the resulting loss of earnings if the Owner cannot hire the equipment to any future party.
The Hirer is liable for repair or replacement costs of hired equipment if it is damaged, destroyed, or confiscated in any way (which includes but is not limited to: misuse, wilful damage, accidental damage, fire, theft, graffiti while in the possession of the Hirer). This will be taken from the bond paid previously to the Owner, however if the cost of replacement exceeds the bond payment, or if no bond payment is received, the Hirer will be liable for the excess above the bond payment. The Hirer expressly gives permission to the Owner to recover any charges or debts owed by the Hirer.
The Hirer will not be liable for any marquee or equipment damaged during a storm or other ‘act of nature’ where the equipment is delivered or setup by the Owner provided the actions of the Hirer have not been negligent. If the Hirer is not an individual, the person who signs this hire agreement on behalf of the Hirer warrants that he or she has authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer.
Delivery and Removal
Delivery and removal of equipment may incur an additional fee where outside of the Owners free deliver area as determined by the Owner. It is the Hirer’s obligation to return equipment back to the Owner on the Termination Date, unless collection has been agreed in writing. The Hirer hereby authorises the Owner to bring the Owner’s vehicle onto the place where the equipment is to be used or located to deliver, set up and or remove the equipment, either on the expiry of the hire period or on the breach by the Hirer of any term in this contract. Neither the Owner nor his servants/employees will be held liable for any damages which occur during this process, including but not excluding damage to driveways/walkways, grass areas, underground services or any other damage.
Unless arrangements have been agreed in writing, the Hirer must be present at the delivery address to acknowledge receipt of the equipment. The Hirer agrees to ensure that any site specified on the Hire Agreement, will be clear of all obstructions to allow the Owner to erect, install or place the equipment. Any items or objects that are required, or requested by the Hirer, to be moved, are done so without any liability to the Owner. The Owner may seek additional payment for any unreasonable delay incurred by the Owner while waiting for the specified area to be cleared.
The Owner reserves the right to refuse delivery and installation of any marquee or the equipment where the Owner a) deems the Property unsuitable for set up, b) deems the weather conditions as unsuitable for the safe set up and use of the marquee and the equipment and or c) the Hirer is not present at the Property at the time specified between the parties. Should the Hire not proceed under this clause, the Owner may in its own discretion offer the Hirer a full or partial refund of the hire price. The Owner is not liable for any compensation to the Hirer or any third parties as a result of the hire not proceeding under this clause.
Electronic Communication (Emails)
The Owner may email the Hirer from time to time regarding special offers and other information. The Hirer can opt out of these emails at any time. The Owner will not divulge any email addresses supplied by the Hirer as per the Privacy Act 1993.
The Hirer is responsible for checking the equipment upon pickup or delivery. The Owner cannot accept responsibility for shortages or claims after the customer takes possession. Where the Hirer is not available to check equipment being delivered or collected, the Hirer shall not be entitled to subsequently dispute the amount of, or condition of the equipment.
If the Hirer finds that an item of equipment is faulty or is not in working order, the Hirer must notify the Owner immediately. If the Owner is only notified at the completion of the Termination Date then the Owner is not liable for any compensation to the Hirer. If the Hirer requests the Owner to inspect an item of equipment on site and it is found that the equipment contains no fault then the Hirer may be liable for transportation and labour costs, including any after hour call-out fees.
The Hirer shall:
• Take proper and reasonable care of the equipment at all times; and
• Satisfy themselves that the equipment is suitable for the intended use; and
• Return all equipment in the same state as it was hired; and
• Not attempt to repair or authorise the repair of any equipment without written permission from the Owner or open the protective casing of any equipment whatsoever; and
• Take full responsibility for the maintenance & security of any marquees or other equipment hired; and
• Agree to notify the Owner in writing of any cancellation or alteration of equipment required; and
• Indemnify the Owner against any claim made by any person against the Owner for any damage, expense, claim, demand action or loss arising directly or indirectly out of the Hirer’s use or possession of the equipment; and
• Immediately notify the Owner of any damage to or loss of, or forfeiture of the equipment whatsoever including (by way of example and not limited to) disappearance or theft of equipment, fire, confiscation, negligence or misuse; and
• Use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment, including all regulations pertaining to noise restrictions and the Building Act 2004; and
• Use heaters in a lawful manner at all times, including storing LPG bottles greater than 9kg outside of any marquee or building and using patio heaters outdoors; and
• Obtain all relevant building permits and meet all relevant conditions for marquee erections unless the Owner has agreed in writing to undertake this on the Hirer’s behalf. If the Owner is to erect and/or dismantle one or more marquees for the Hirer, this in no way passes the responsibility of obtaining the required permits on to the Owner, nor any liability issue if such permits are not acquired; and
• Comply with all requests from noise control officers and remain within legal noise levels; and
• The Hirer agrees not to use streamers, decorations or taping within or near any marquee hired
• Except as permitted by the Consumer Guarantees Act 1993 not bring or threaten to bring claim against the Owner for loss or damage incurred or threatened against the Hirer or arising directly or indirectly from the Hirer’s use of the equipment.
Limitation of Liability
Except where the Owner is in breach of a supplier’s guarantee in terms of the Consumer Guarantees Act 1993, the Hirer, in entering into this hire agreement, acknowledges that in all other circumstances whatsoever the Owner shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (including that resulting from the negligence of the Owner), or arising by operation of law and whether suffered by the Hirer and/or any third party for any amount that exceeds the amount actually paid by the Hirer to the Owner pursuant to this hire agreement.
Privacy Act 1993
The Owner collects personal information about the Hirer. The information is principally collected to evaluate the hire of equipment that you seek. The information is collected and held by the Owner. The Hirer has rights of access to personal information contained in this hire agreement, subject to the provisions of the Privacy Act 1993. The Hirer agrees that its personal information may be used by the Owner to advise the Hirer of the Owner’s other goods and services. The Hirer authorises the disclosure of personal information held by any other party regarding any previous hire agreements entered into by the Hirer. The Hirer agrees to the Owner releasing to other parties information regarding this hire contract if the Hirer does not comply with its obligations.
The Hirer hires the equipment at the Hirer’s own risk and indemnifies the Owner against any and all loss in respect of any loss of or damage to the equipment including any consequential loss unless the Hirer pays for the damage waiver, subject to this clause.
The Hirer shall pay for the damage/cleaning waiver unless written confirmation of suitable insurance cover that is satisfactory in every respect to the Owner in its sole discretion is provided by the Hirer and approved in writing by the Owner prior to the Hirer taking possession of the equipment. If the Owner is not satisfied with the Hirer’s compliance with this clause, the Owner may decline to hire the equipment. The Hirer is not entering into a contract of insurance with the Owner by paying for the damage/cleaning waiver.
Subject to payment by the Hirer of the excess (below) and except for the exclusions set out in this clause and subsections thereof, if the Hirer has paid for the damage /cleaning waiver, the Hirer shall not be liable to the Owner for any loss of or damage to the hired equipment or any consequential loss or damage incurred by the Owner and/or any third parties during the term of hire PROVIDED THAT the Hirer:
equipment is returned in a reasonable condition with respect to cleanliness with regards to the general use and intended purpose of the equipment hired
has at all times acted reasonably and with reasonable care;
has delivered to the Owner (within 24 hours of the time when the Hirer first becomes aware of the loss of or damage to the equipment) a complete correct written report of the circumstances of such loss of or damage to the equipment, including, in the case of any loss appearing to result from any criminal act, an applicable police complaint acknowledgement form; and
Rendered such assistance and done such other things as the Owner shall have reasonably required for the purposes of enabling the Owner to recover such loss or damage, including from any potentially responsible third party.
The damage waiver does not cover:
Theft of or criminal damage to equipment unless reasonably locked and secured;
Damage or loss due to misuse, abuse or overloading of the equipment or failure to take reasonable care of it, including any overloading of any motors or other electrical appliances or devices;
Equipment returned in an unreasonably state of cleanliness given due regard to the general use and intended purpose of the equipment hired at which point an additional cleaning fee may be charged.
Damage caused to tyres and tubes by blowout, bruises, cuts, kerbing or other caused arising from the use of the equipment;
Loss or damage resulting from lack of lubrication or other normal servicing of the equipment;
Loss or damage to plant where such loss or damage is due to any incident or accident involving (in any way) water;
Loss or damage to any equipment or items on which the damage waiver is not charged;
Loss or damage of the equipment arising from a breach by the Hirer of the conditions of the Contract; or
Loss or damage from the use of the equipment in violation of any statute, regulation or by-law.
In addition to the above, special conditions or exclusions may apply depending on the nature or location of the Hirer’s use of the equipment and these will be notified to the Hirer prior to the equipment leaving the Owner’s premises. Any breach of those special conditions will constitute a breach of the Contract.
The parties agree that section 11 of the Insurance Law Reform Act 1977 will apply with respect to the exclusions in this clause as if this clause constituted a contract of insurance (notwithstanding that this clause is not a contract of insurance).
Excess: Notwithstanding payment of the cost for the damage waiver, in the event of any loss, theft or damage to the equipment which is covered by the damage waiver, the Hirer must pay an excess charge. The excess will be an amount equal to 50% of the full replacement cost for the equipment, subject to a maximum of $5,000 plus GST for any one item of equipment, or as otherwise detailed in the Contract.