Technical Event Solutions LTD – Terms of Hire
As at April 2024
Conditions
The conditions of Hire set out below shall apply to all contracts for the hire of goods or equipment between the Owner (Technical Event Solutions LTD) and the person hiring, or intending to hire, the equipment (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.
Charges
Equipment may be hired for a period of up to four days or another period as agreed in writing. A day is defined as a twenty-four hour period commencing from the date of the agreement. Equipment may be hired provided that the Hirer acknowledges and agrees that the hiring is subject always to the Owners rights set out in this agreement.
The hire period begins from the time the equipment is delivered or picked up and runs until the equipment is collected or returned to the Owner, or this hire agreement is terminated due to conditions in this agreement.
All hired goods are to be returned in the same state as they were hired in. The Hirer shall pay for loss and insurance charges (if applicable); delivery/removal costs (if applicable), excess use charges, damage to or loss of the equipment, confiscation charges and other fines, professional cleaning costs (if any), lost rental, and default interest for late payment. Any late payment will incur an interest penalty of 1.75 times TES’s bank total overdraft interest rate from the date due until the date when payment is actually made. The Hirer shall also pay for any costs and/or loss of earnings incurred by the Owner for recovery of debts or 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 are 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, confiscated in any way (which includes but is not limited to: misuse, willful damage, accidental damage, fire, theft, grafiti, storms, strong winds, and other “acts of nature”) while in possession of the Hirer. This will be taken from the bond previously paid by the Hirer, however if the cost of replacement exceeds the bond payment, 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 to the Owner by debiting the Hirer’s credit card.
For the avoidance of doubt, the Hirer is liable for any equipment damaged during a storm or other “act of nature” regardless of who has delivered or set up the equipment at the site.
If the Hirer is not an individual, the directors or trustees and the person signing this contract also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to TES the payment of any and all moneys owed by the Customer to TES and indemnify TES against non-payment by the Customer.
Delivery and Removal
It is the Hirer’s obligation to return equipment back to the owner at the end of the hire period, unless delivery arrangements have been agreed in writing. The Hirer thereby authorises the Owner to bring the Owner’s vehicle onto the place where the equipment is to be used or located to deliver 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.
Unless arrangements have been agreed in writing, the Hirer must be present at the delivery address to acknowledge receipt of equipment hired. If the customer is not present, the Owner has the right to charge the Hirer $85/hr plus GST per person while the persons affecting delivery are waiting. The Hirer agrees to maintain the responsibility for the equipment whilst it is awaiting pick-up.
The Hirer agrees to ensure that any site specified on the Hire Agreement, will be clear of all obstructions to allow the Owner to install or place the hire 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.
Hirer’s Obligations
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 the equipment being delivered or collected, the Hirer shall not be entitled to subsequently dispute the amount of, or condition of the equipment recorded in writing by the company at the time of return.
If the Hirer finds that an item 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 intended hired period 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 that the equipment is suitable for the intended use; and return all equipment in the same state it was hired; and if equipment is transported by the Hirer, it is the Hirer’s responsibility to ensure loading and securing of equipment is safe and legitimate before departing, even if the Owner assists the Hirer with loading and securing equipment.
- If equipment is transported by a third party carrier at the customer’s request (courier, transport company or other freight carrier) then the Hirer is fully liable for any equipment damaged during transit regardless of if the Owner has signed any contract or document acknowledging the equipment was returned in an acceptable condition by the third party carrier. The equipment is usually unloaded from the carrier and then inspected by the owner at a later time.
- Not attempt to repair or authorise the repair of any equipment without written permission from the owner or open the protective casting of any equipment whatsoever.
- Take full responsibility for the maintenance and security of any equipment hired, unless maintenance or security services have been arranged in writing with the Owner.
- Agree to notify the Owner in writing of any cancellation or alteration of equipment required and any verbal or telephone communication of an order, cancellation or notification is at the Hirer’s risk.
- Indemnify the Owner against any claim made by the 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.
- 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.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 New Zealand Building Act.
- Obtain all relevant building permits and meet all relevant conditions for work undertaking 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 structures 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.
- Not to use streamers, decorations or taping on or near any equipment hired.
- Comply with all requests from noise control officers and remain within legal noise levels; and not use sound equipment excessively that may lead to damage. For the avoidance of doubt, any damage to speakers and/or amplifiers will incur a full repair and/or replacement cost plus any sub-hired equipment charges required when such repairs are being undertaken.
- Except as permitted by the Consumer Guarantees Act 1993 not to bring or threaten to bring a claim against the Owner for loss or damage incurred or threatened against the Hirer or arising directly or indirectly from the Hirier’s use of the equipment.
Limitation of Liability
Notwithstanding the foregoing or anything to the contrary in this agreement to the fullest extent allowed under applicable law,the hirer, in entering into this contract, acknowledges that in no event shall the owner, its affiliates, suppliers and subcontractors indemnify the hirer or be liable to the hirer or to any third party for any special, indirect, incidental, punitive or consequential damages, including that resulting from the negligence of the Owner, including but not limited to loss of profits, loss of use, cost of capital, cost of substitute equipment, downtime costs, cost of delays, or for any penalties, whether any such claim for the same is based on contract, warranty, tort, negligence, strict liability, indemnification or otherwise. The Hirer acknowledges that if the Owner sets up any equipment the Hirer is still liable for any cost set out in this agreement if the equipment is damaged, destroyed, or confiscated in any way while in the possession of the Hirer.
Serverability
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Privacy Act 1993
This contract 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 the right of access to personal information contained in this contract, 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.
Electronic Communication (Emails)
The Owner may email the Hirer from time to time regarding special offers and other information. The Hirier can opt out of these emails at any time. The Owner will not divulge any email address supplied by the Hirer as per the Privacy Act 1993.
Outdoor Events (Weather) Policy
In the event of a weather related postponement or cancellation the following policy regarding the rescheduling/cancellation of hires shall apply:
- Rescheduling less than 1 week in advance but more than 48 hours in advance: 50% of the total quoted amount additional charges apply.
- Cancellation less than 2 weeks but more than 48 hours prior to the hire commencing: 50% of total quoted amount will be due.
- Cancellation within 48 hours of the hire commencement: 100% of the total quoted amount will be due.
- Rescheduling within 48 hours of the hire: 100% of the original hire and 50% additional.
- All charges are at the discretion of the owner.
Covid-19 Pandemic Policy
In the event of a Covid-19 or other pandemic outbreak or resurgence the following policy regarding the rescheduling/cancellation of hires shall apply:
- Rescheduling 6 months or further in advance: no additional charges will apply, unless the event is rescheduled onto a public holiday.
- Rescheduling less than 1 week in advance: 50% of the total quoted amount additional charges apply.
- Cancellation less than 6 weeks in advance: 50% of total quoted amount will be due. – Cancellation less than 2 weeks but more than 48 hours prior to the hire commencing: 70% of total quoted amount will be due.
- Cancellation within 48 hours of the hire commencement: 100% of the total quoted amount will be due.
- All charges are at the discretion of the owner.