THE EVENTWORKS GROUP LIMITED – HIRE TERMS
These terms will apply to the hire of Equipment from the Eventworks Group Limited (“the Eventworks Group”) to the hirer named in the Schedule (“the Hirer’) to the exclusion of any other terms put forward by the Hirer.
1. Equipment and Hire Period
1.1 The Eventworks Group agrees to let, and the Hirer agrees to take on hire, the Equipment specified in the Schedule (“the Equipment”) from the commencement date set out in the Schedule until the end date set out in the Schedule (“the Hire Period”).
1.2 If the Equipment is not available for collection or returned at the end of the Hire Period, the Hirer will pay such additional hire charges and penalty charges determined by the Eventworks Group (“Penalties”) until the Equipment is available for collection or is returned to the Eventworks Group.
2. Hire Charge
2.1 The Hirer will pay to the Eventworks Group by way of hire charge the sum set out in the Schedule to these terms (plus GST) (“the Hire Charge”).
2.2 Where the Hirer requires delivery or pick up of the Equipment outside of the hours 7.00am to 6.00pm on weekdays and 9.00am to 1.00pm on Saturdays then an additional charge of $160.00 (plus GST) will apply.
2.3 The Hirer will pay the deposit set out in the Schedule at least 24 hours prior to the commencement date in cleared funds. The balance of the Hire Charge, any Damages and Penalties must be paid within 7 days of the date of the Eventworks Group’s invoice without deduction. Failure to pay the invoice on time will result in interest being charged at the rate of 4% per annum above the current commercial overdraft rate charged by the Eventworks Group’s bankers until payment is received
3. Condition and Purpose
3.1 The Hirer acknowledges receiving the Equipment in clean condition and acknowledges it is fit for the purpose for which the Eventworks Group lets it on hire.
4. Care of Equipment
4.1 The Hirer will maintain the Equipment in the same condition as it was prior to the hire and will return the Equipment clean after use.
4.2 If the Hirer does not meet its obligation in clause 4.1, the Hirer will be responsible for and must pay for either the repair or full replacement costs of the Equipment (at the option of The Eventworks Group) (“Damages”).
5.1 If it is agreed that the Equipment is to be delivered to the Hirer, the Hirer agrees that its premises will be accessible for this purpose and that vehicle access will be provided. The Eventworks Group will not be liable for late delivery if access is not provided to its satisfaction.
6. Risk and Insurance
6.1 Ownership of the Equipment remains with the Eventworks Group at all times.
6.2 The Equipment will be at the sole risk of the Hirer from the time it is delivered by the Eventworks Group to the Hirer (or, if collected by the Hirer from the time of collection from the Eventworks Group premises) until the time that it is collected by the Eventworks Group (or, if returned by the Hirer from the time it is delivered to the Eventworks Group premises and receipt acknowledged in writing by the Eventworks Group).
6.3 The Hirer will indemnify the Eventworks Group for all loss, theft and damage to the Equipment while it is at the risk of the Hirer. The Hirer must insure against any loss or damage caused to the Equipment while it is at the risk of the Hirer.
7.1 Subject to clause 7.2, to the extent permitted by law, the liability of the Eventworks Group (whether statutory, in contract or in tort) to the Hirer is limited to the amount of the Hire Charge.
7.2 The Eventworks Group will not be liable for any consequential damage or loss suffered by the Hirer.
7.3 To the extent permitted by law, every warranty implied by law or custom is excluded. Where the Hirer hires any Equipment for the purpose of a business, or holds itself out as hiring for the purpose of a business, the Hirer agrees that the Consumer Guarantees Act will not apply.
8.1 The Eventworks Group may terminate the hire and repossess the Equipment at any time without notice and without payment of compensation if the Hirer has not made payment in accordance with these terms or is otherwise in breach of these terms, or if the Eventworks Group is of the opinion that the Equipment is not being cared for to its satisfaction or is at risk.
8.2 For the purpose set out in clause 8.1, the Eventworks Group may enter personally or by its agents at any time upon any premises or vehicle where the Equipment may be kept. The Hirer will indemnify the Eventworks Group in respect of any claims, damages or expenses arising out of any action taken in respect of the repossession of the Equipment.
9. No Waiver
9.1 No failure or delay by the Eventworks Group to enforce any provision of these terms will be a waiver of the provision and no waiver will be effective unless it is in writing.
10.1 If the Hirer wishes to extend the Hire Period, the Hirer and the Eventworks Group must agree in writing to vary the Hire Period. No variation to these terms will be valid or binding unless recorded in writing and signed by both parties.
11. No Assignment
11.1 The Hirer must not assign or transfer all or any part of its rights or obligations under these terms without the prior written consent of The Eventworks Group. The Eventworks Group may assign any rights or obligations and subcontract its obligations without the Hirer’s prior approval.
12.1 Any clause in these terms which is or becomes unenforceable, illegal or invalid for any reason will be severed and will not affect the enforceability, legality or validity of any other clause which will remain in full force and effect.
13.1 The Hirer will pay all of the Eventworks Group costs of recovery or costs incurred by the Eventworks Group in the enforcement or attempted enforcement of its rights under these terms including legal costs on a solicitor/client basis and in the event of legal action the Hirer will pay continuing interest after the date of judgement order or reward until full payment is received.
14.1 All notices given pursuant to these terms must be in writing and must be served by one of the following means and in respect of each is deemed to have been served as described:
(a) By personal delivery – when received by the party.
(b) By post by registered or ordinary mail – on the second working day following the date of posting to the addressee’s registered office.
(c) By email – when acknowledged by the party orally or by return email or otherwise in writing.
(d) By facsimile – when sent to the correct facsimile number (with written transmission confirmation).
15. Dispute Resolution
15.1 The Hirer agrees that any dispute arising out of, or in connection with, these terms which is unable to be resolved by discussion and negotiation between the parties will in the first instance be dealt with by non-binding mediation by a mediator using the rules prescribed by LEADR New Zealand Incorporated, such mediation to be held at Auckland, New Zealand.
15.2 If the dispute is unable to be resolved by mediation then it is to be referred (at the election of the Eventworks Group) either to a New Zealand court, or to arbitration in accordance with the Arbitration Act 1996.
15.3 Nothing in this clause shall prevent any party from seeking urgent interlocutory relief from any New Zealand court.
15.4 Any customer defaulting on payments will be liable for any collection costs incurred whilst recovering the debt. Collection costs will be at the hirers expense on any unpaid accounts.
16.1 Upon cancellation of an order, the Hirer must give a minimum of 24 hours notice to cancel an order. If cancellation is between 23-12 hours in advance of the event a 50% charge of the total order will apply. For anything less than 12 hours, full payment will still apply.
These terms are governed by New Zealand law.
I/We accept the terms of the Agreement on behalf of the Hirer:
Name and Position: _________________________________ Date: ___________________
I/We accept the terms of the Agreement as a representative of The Event Works Group Ltd:
Name and Position: _________________________________ Date: ___________________