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Terms and Conditions

Party KING Ltd Whanganui 

Party King LTD Whanganui agrees to hire out Equipment to the Hirer and the Hirer agrees to hire the equipment on the following terms and conditions. The hirer acknowledge and agrees that the Hire Agreement ad and any other invoice or document evidencing or describing any Equipment is incorporated into and forms part of these terms and conditions. These terms and conditions are subject to change from time to time. Any changes to these terms and conditions may be supplied to the hirer or displayed at Party King Whanganui Premises.

 

 

  1. DEFINITIONS

               In these conditions:

    1. The “Owner” means Party King LTD or its agents and employees.
    2. The “Hirer” refers to the person or business hiring equipment from the Owner.
    3. The “Equipment “means all equipment supplied by Party King LTD Whanganui to the Hirer, including consumables, accessories, parts and tools supplied to the Hirer.
    4. Hire Agreement” means the document given by Party King LTD Whanganui to the Hirer describing primarily the equipment and the Hire Charges.
    5. Hire Charge” means the hire charges as agreed between Party King LTD Whanganui and the Hirer subject to clause 2 of these terms and conditions. Equipment is hired out at a daily rate, subject to the minimum Hire Period.
    6. Hire Period” means the period between the times as shown on the Hire Agreement, (Which is the time the Equipment leaves Party King LTD Whanganui Premises) until the return of the Equipment to Party King LTD Whanganui Premises during normal trading hours, or following collection by Party King LTD Whanganui. Until the expiry of the minimum Hire Period, Whichever occurs last.
    7. Minimum Hire Period” Means 4 hours.
    8. “Guarantor” means the person or persons or entity who agrees to be liable for the debts of The Hirer.
  1. HIRE CHARGES AND PAYMENT
    1. The Hire Charge shall be as indicated on the Hire Agreement and any other invoices provided by The Owner to The Hirer in respect of Equipment supplied.
    2. Hire Charge is for one use of the equipment only – for the noted hiring terms. The Hirer agrees that all charges for hire loss, hire extension, damage and repair will be paid and that all collection fees, legal fees or any expenses involved in the collection of these charge will be borne by The Hirer.
    3. The Hire Charge excludes delivery cost, cleaning charges, service charges, installation charges; dismantle charges and all saleable and consumable items which shall be separately charged.  A cleaning charge will be applied on all Equipment returned unclean to The Owner.
    4. All price quote or Hire Charge is in New Zealand Dollars (NZD).
    5. A 50% Deposit is required at point of booking to secure the booking. The balance of the hire price is payable before the commencement of the hire. The deposit payment forms part of the total payment due for the hire and is different from the bond payment.
    6. A bond is payable in addition to the hire price. This bond will be refunded upon return of the Equipment in good order and working condition. If the Equipment is returned unclean or with damage, missing items, or stains, the bond will be retained by The Owner. If tablecloths, chair cover, or other material have stains from red wine, candle wax, or other permanent markings, the applicable cleaning fee will be equal to the replacement costs plus any additional costs The Owner may incur. Damage or loss may also incur additional charges.
    7. Equipment returned late will incur additional charges at a rate of 15%per day.
    8. Any expenses, disbursement and legal cost incurred by The Owner in recovering possession of the Equipment and in the enforcement of any rights contained in these terms and conditions shall be paid by The Hirer, including any reasonable solicitor’s fees or debt collection agency fees.
  2. HIRE PERIOD
    1. The Owner will charge The Hirer Hire Charges for the minimum Hire Period irrespective of the length if hire.
    2. The Owner may in its absolute discretion decline to hire Equipment to The Hirer at any time.
    3. All Equipment is used at The Hirer risk and risk shall pass to The Hirer upon the commencement of the Hire Period until the end of the Hire Period.
    4. The Owner may at any time and without reason or notice to The Hirer and/or Guarantor:
      1. Terminate or suspend any Hire Agreement or credit arrangement it has with The Hirer (and recover any Equipment) in which case the amount owing by The Hirer to The Owner shall be immediately due and
      2. In The Owner sole discretion increase, decrease, suspend or revoke the amount of credit supplied to The Hirer
      3. Notwithstanding termination of the Hire Period, The Hirer shall be obligate to pay The Owner a sum 
      4. Terminate the Hire Agreement equivalent to Hire Charge at the rate specified in the Hire Agreement in respect of any period from the date of termination of the Hire period until the Equipment is actually returned to The Owner in a condition fit for rehire. 
  3. DELIVERY AND COLLECTION OF EQUIPMENT
    1. Where The Owner agrees to deliver and collect the Equipment :
      1. The Hirer will pay all delivery or collection charges.
      2. The Hirer authorise The Owner to bring onto The Hirer’s Property (or the property where the Equipment is located) to deliver and/or recover the Equipment at the end of Hire Period. The Owner shall not be responsible to The Hirer or an third party for any damage that may be caused by The Owner during the delivery or collection of the Equipment; and 
      3. Requests for collection must be arrange before hire commencement date. 
  4. CARE OF EQUIPMENT
    1. The Hirer acknowledge that the Equipment may not be new stock but all Equipment will be clean and in good working order for normal use as its stated capacity at the commencement of the Hire Period.
    2. The Hirer Must:
      1. Satisfy itself that the Equipment is suitable and in condition for its purposes.
      2. Ensure that the Equipment is operated: 
  1. By a suitable qualified operator using sufficient safety equipment (as offered or provided by The Owner or manufacturer)
  2. In a skilful and proper manner, within the instructions provided by The Owner.
  3. Only for the purpose and within the capacity for which it was designed and
  4. Strictly in accordance with the law and industry best practise.
      1. Be liable for all consumables and the cost of reconditioning items blunted or deemed unfit for further use (such as blade or stone wear).
      2. At The Hirer’s expenses, clean, lubricate, maintain, keep and return the Equipment in good and substantial repair and condition, falling which The Owner may charge The Hirer to reinstate the Equipment to its original condition at the time of commencement of the Hire Period.
      3. Immediately notify The Owner of any breakdown, damage, destruction, theft or loss of the equipment and assist and The Owner enquiries in regards to the same (including filing a Police report). Breakdowns or damage resulting from negligence or misuse shall not in any circumstances shorten the Hire Period.
      4. Be liable for any loss, theft, damage or destruction of any Equipment during the Hire Period. 
      5. Safety secure all Equipment loaded in the Hirer’s vehicle, and indemnify The Owner in respect of any injury and/or damage caused by Equipment falling from The Hirer’s vehicle or trailer operated by or on behalf of the customer.
      6. The Hirer shall on no account attempt to repair the Equipment but notify The Owner immediately in case of breakdown or failure.
      7. The Hirer acknowledges that they have received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.
  1. OWNERSHIP OF EQUIPMENT AND THE OWNER RIGHT TO REPSESSESS EQUIPMENT
    1. Any Equipment supplied by The Owner to The Hirer shall remain The Owner‘s property.
    2. Whilst the Equipment is The Hirer’s possession, The Hirer shall”
      1. Keep the Equipment insured for full replacement value in The Owner name against all risks of every usual description and such other risks as The Owner may require from time to time
      2. Not tamper with, damage or repair the Equipment
      3. Not attempt to sell, assign, mortgage, lend, or otherwise deal with or part with the possession or control of the Equipment or any part thereof
      4. Not alter or make any additions to the Equipment, including, but without limitation, alter make any additions to, deface or erase any identifying mark, plate or number or any part thereof, on or in the Equipment of any other part of the Equipment or in any other manner interfere with the Equipment  and
  2. CANCELLATION
    1. The Owner may terminate in accordance with clause 3.4
    2. The Owner shall not be liable for any loss or damage whatever arising from such cancellation.
    3. If the Hirer, for any reason, terminates a booked hire then the following fees will apply:
      1. If cancelled within 5 days of hire commencement date –       50% of total invoice value not refunded.
      2. If cancelled within 72 hours of hire commencement date –  75% of total invoice value not refunded.
      3. If cancelled within 24 hours of hire commencement date - 100% of total invoice value not refunded.
      4. In any circumstances where cancellation occurs and the Owner has incurred additional costs such as loading of vehicles, transportation of Equipment, or utilization of labour, then additional fees may also be incurred by the Hirer.
    4. If The Hirer or any Guarantor:
      1. Breaches any of these terms and conditions
      2. Become bankrupt, insolvent or ceases business, then The Owner may:
      3. Terminate the Hire Agreement
      4. Commence proceedings to recover all monies owing by The Hirer
      5. Recover the Equipment (and The Hirer authorises The Owner to enter any property where Equipment is located to remove and repossess any and all Equipment)
      6. Retain any bond provided; and The Owner shall not be liable to The Hirer for any loss resulting from such termination
    5. Any payment due to The Owner by The Hirer shall become immediately payable to The Owner upon cancellation of the Hire Agreement 
  3. LIABILITY AND INDEMNITY
    1. to the maximum extent permitted by law, The Owner shall be under no liability whatsoever to The Hirer for any indirect loss and/expense (including loss or profit) suffered by The hirer arising out of a breach by The Owner of these terms and conditions (provided that this clause does not affect any rights The Hirer may have under any applicable consumer law legislation)
    2. The Hirer indemnifies The Owner in respect of any breach by The Hirer of any of these terms and conditions and for all injury and/or damage caused to persons and property in relation to the Equipment and its operation and use by The Hirer.
    3. By making a booking through confirming a quote via signature, deposit payment or remittance of funds, The Hirer acknowledges and agrees to The Owner’s terms and conditions. If, for any reason The Hirer has not acknowledged theses terms and conditions by signing the face of this Hire Agreement, by accepting the Equipment for hire from The Owner The Hirer will have deemed to have accepted the terms and conditions of hire.
    4. The Hirer shall not sublet the Equipment to any other person without permission from The Owner but this shall not prevent employees of The Hirer using the Equipment in conformity with Hire Agreement. Where permission has been granted by The Owner to The Hirer to sublet the Equipment, Hire Agreement is still deemed as being between the names of The Hirer and The Owner and all terms and conditions still applied. 
  4. NO WARRANTIES
    1. The Owner expressly excludes all warranties and conditions to the fullest extent possible by law as to the state, quality, fitness for purpose of the Equipment and should The Owner breach any of the terms and conditions, or warranty, The Owner only liability shall be limited to supplying the Equipment again to The Hirer or otherwise repairing the Equipment, provided that this clause does not affect any rights that The Hirer may have under any applicable consumer law legislation.
  5. HIRER AUTHORITY
    1. The Hirer warrants that it has authority to sign these term and conditions and contract with The Owner for the hire of the Equipment and indemnified The Owner against all losses and costs that may be incurred by The Owner arising out of the person signing failing to have such authority to do so.
  6. PRIVACY ACT 1993
    1. The Hirer and any Guarantor authorises The Owner to contact, retain, disclose to any person and use any information about The Hirer and any Guarantor, for the purpose of assessing The Hirer’s or Guarantor’s creditworthiness, enforcing any rights under these terms and conditions or marketing the Equipment provided by The Owner to any other party. The Hirer or Guarantor has the right to access personal information (as defined in the Privacy Act) held by The Owner and request corrections of any errors in that information.
  7. GUARANTORS
    1. Any personal guarantee made by any third party shall not exclude The Hirer in any way whatsoever from the liabilities and obligations contained in these terms and conditions. 
    2. If The Hirer is a company or trust, the director(s) or trustee(s) signing the Hire Agreement or Application for trading Account, in consideration for The Owner agreeing to supply Equipment and grant credit to The Hirer at Their request, also sign these terms and conditions in their personal capacity and jointly and severally personally undertake as principal debtors to The Owner the payment of any and all monies now or hereafter owed by The Hirer to The Owner and indemnify The Owner against non-payment by The Hirer. Any personal liability of a signatory to these terms and conditions shall not exclude The Hirer in any way whatsoever from the liabilities and obligations contained in this application. The signatories and The Hirer shall be jointly and severally liable under the terms and conditions of this application can for payment of all sums due by The Hirer to The Owner.
  8. GENERAL
    1. If any of the terms and conditions is held by a court to be ineffective by virtue of non-registration, illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.
    2. The law of New Zealand shall govern all contracts and The Hirer submits to the exclusive jurisdiction of the New Zealand courts
    3. The Owner may sub-contract all or any part of its rights and obligations without The Hirer consent.
    4. The Owner is entitled at any time to assign to any other person all or part of the debt owing by The Hirer to The Owner without the prior consent of The Hirer.
    5. The Owner shall not be liable for delay or failure to perform The Owner obligations under these terms and conditions if the cause of the delay or failure is beyond control.

 

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