Terms & Conditions

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 dateset out in the Schedule until the end date set out in the Schedule (the Hire Period).

1.2 Subject to clause 17.1(b), 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 determined by the Eventworks Group (Additional Hire Charges) 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) in accordance with the payment terms set out in the Schedule.  There will be no reduction to the Hire Charge for weekends, holidays, inclement weather or for any other reason beyond the Eventworks Group’s control.

2.2 The Hirer will pay the deposit set out in the Schedule (Deposit) immediately upon confirmation of the booking in cleared funds. The balance of the Hire Charge, any Damages, the cancellation fees, any Additional Hire Charges and any other amounts payable by the Hirer under these terms 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.

2.3 If the hire of the Equipment is terminated by the Hirer prior to the commencement of the Hire Period for any reason, then the Hirer will (unless otherwise advised in writing by a director of the Eventworks Group) pay the Eventworks Group a cancellation fee determined in accordance with the schedule to these Terms less the Deposit paid by the Hirer.

2.4 If the hire of the Equipment is terminated by the Hirer at any time during the Hire Period for any reason, then the Hirer will (unless otherwise advised in writing by a director of the Eventworks Group) pay the Eventworks Group a cancellation fee equal to 100% of the Hire Charge less the Deposit paid by the Hirer.

2.5 If the hire of the Equipment is extended by the Hirer beyond the expiry of the Hire Period for any reason, then the Hirer will (unless otherwise advised in writing by a director of the Eventworks Group):

a. pay the Eventworks Group an additional Hire Charge for the duration of the extension of the Hire Period; and

b. reimburse the Eventworks Group in full for any costs (including storage costs) incurred by it in connection with the extension of the Hire Period.


3. Condition andPurpose

3.1 The Hirer acknowledges receiving the Equipment in clean condition and working order 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 and in the same working condition 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).

4.3 The Hirer will:

a. comply with all legislation (including health and safety legislation) applicable to the use of the Equipment;

b. not allow any third party to have possession of the Equipment at any time or represent to any third party that the Equipment is owned by the Hirer or any third party;

d. not sell, transfer or dispose of the Equipment to any third party;

e immediately notify the Eventworks Group of any damage or defect to or the loss of the Equipment; and

e. not alter or make any additions to the Equipment without obtaining the prior written approval of the Eventworks Group.


5. Access

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 beat 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).  Any insurance monies paid by the Hirer’s insurer must be applied firstly to indemnify 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 and any liabilities, losses, damages and costs incurred by the Eventworks Group arising directly or indirectly out of, or in connection with, a breach of the Hirer’s obligations under these terms. The Hirer must insure against any loss or damage caused to the Equipment while it is at the risk of the Hirer.


7. Liability

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 aggregate amount of the Hire Charge paid by the Hirer prior to the date on which the claim is made by the Hirer.

7.2 The Eventworks Group will not be liable for any indirect or consequential damage or loss or any loss of profits, loss of revenue or loss of business opportunity suffered by the Hirer.

7.3 To the extent permitted by law, every warranty implied by law or custom is excluded.  For the purposes of section 5D of the Fair Trading Act 1986 (FTA) and section 43 of the Consumer Guarantees Act 1993 (CGA), the parties acknowledge and agree that, to the maximum extent permitted by law:

a. the Equipment is being provided and acquired in trade;

b. in respect of all matters covered by these terms, the parties are contracting out of the CGA and sections 9, 12A and 13 of the FTA; and

c. it is fair and reasonable for the parties to be bound by this clause.


8. Repossession

8.1 The Eventworks Group may terminate the hire and repossess the Equipment at any time without notice and without payment of compensation if:

a. the Hirer has not made payment in accordance with these terms or is otherwise in breach of these terms;

b. the Eventworks Group is of the opinion that the Equipment is not being cared for to its satisfaction or is at risk; or

c. the Eventworks Group becomes insolvent, enters into a composition with creditors, go into liquidation, has a receiver or administrator appointed to any or all of its assets, cease to carry on business or any analogous event occurs.

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. Security interest

9.1 The Hirer grants the Eventworks Group a security interest in all Equipment Eventworks Group supplies to the Hirer from time to time (including any Equipment which has become an accession to other goods or been processed or comingled with other goods) and all proceeds of such Equipment.

9.2 The Hirer:

a. waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the Personal Property Securities Act 1999 (PPSA);

b. agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms; and

c. waives its rights to receive a copy of a verification statement or financing change statement.  

9.3 The Hirer will be reimburse Eventworks Group for all reasonable costs it incurs in discharging or amending a financing statement.

9.4 The Hirer undertakes to:

a. sign any documents and provide any information which Eventworks Group requires to perfect and maintain the perfection of its security interest (including by registration of a financing statement); and

b. notify Eventworks Group in writing if the Hirer intend to change its name or address or if there will be any changes to any of the information required to register a financing statement at least 14 days prior to the change taking effect.


10. No Waiver

10.1 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.


11. Variation

11.1 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.


12. No Assignment

12.1 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.


13. Severance

13.1 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.


14. Enforcement

14.1 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.


15. Notices

15.1 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).


16. Dispute Resolution

16.1 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.  The costs of the mediation will be shared by the parties equally or in such other manner as the mediator determines.

16.2 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.

16.3 Nothing in this clause shall prevent any party from seeking urgent interlocutory relief from any New Zealand court.


17. Jurisdiction

17.1 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 EventWorks Group Ltd:

Name and Position:_________________________________ Date: ___________________


SCHEDULE


Cancellation Fee


Hire Charge at least$400,000

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is less than 1 month, the Cancellation Fee (expressed asa percentage of the Hire Charge) will be 100%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is between 1 month and less than 2 months, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 50%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is between 2 months and less than 4 months, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 25%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is more than 4 months, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 20%.


Hire Charge between$10,000 and less than $400,000

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is less than 3 weeks, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 100%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is between 3 weeks and less than 4 month, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 50%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is between 4 months and less than 6 months, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 25%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is more than 6 months, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 0%.


Hire Charge less than$10,000

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is less than 1 week, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 100%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is between 1 week and less than 2 weeks, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 75%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is between 2 weeks and less than 3 weeks, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 50%.

If the period between the termination of the hire of the Equipment and the commencement of the Hire Period is between 3 weeks and less than 1 month, the Cancellation Fee (expressed as a percentage of the Hire Charge) will be 25%.