CAIZAK Holdings LTD Trading As:
PREMIUM EVENTS
Terms & Conditions of Trade
1. DEFINITIONS:
1.1 “CLIENT” means the person/s hiring the Goods or receiving the services or any person acting on behalf of and with the authority of the client.
1.2 “EVENT” means the day in which the Parties have agreed the goods and services will be provided and used for. This may include more than one day, subject to agreement by the Parties.
1.3 “GOODS” includes all marquees, goods, equipment, product, vehicles, forklifts, generators or any other item belonging to or supplied by PREMIUM EVENTS which is hired or borrowed by the client, or is present on site of the event for any reason what so ever.
1.4 “HIRE PERIOD” means the period from delivery of the goods until they are returned to the possession of PREMIUM EVENTS.
1.5 “OWNER” or PREMIUM EVENTS shall mean PREMIUM EVENTS, its successors and assigns or any person acting on behalf of and with the authority of the owner.
1.6 “THE PARTIES” means PREMIUM EVENTS and/or their representatives and the client and/or their representatives.
2. CONDITIONS:
2.1 The terms of trade set out below govern all of the supplies of Goods & Services from Premium Events. The client, their representatives and/or any person or any person responsible for the hired goods is deemed to have read, understood, accepted and is immediately bound by these terms on payment of deposit and/or on acceptance of any Goods or Services.
2.2 These terms and conditions replace all earlier written or oral agreements between the parties, as well as any terms and conditions contained in any document used by the Client that purport to have contractual effect.
2.3 The headings of each clause within these terms are for reference only and should in no way affect the interpretation of the individual clauses.
3. HIRE TERMS
3.1 All hire goods supplied remain the property of the owner.
3.2 Unless otherwise stated/agreed the hire term is for 4 consecutive days with the understanding that items are used for 1 day only. The length of this period is to allow collection/delivery, use and return of the goods. There are no reduction’s/discounts for shorter hire periods.
3.3 If the items are not returned within 4 days, an additional hire period of 4 days will begin with additional costs charged to the client.
3.4 Any variations to the hire period must be agreed in writing at the time the booking is confirmed.
4. TITLE & RISK
4.1 PREMIUM EVENTS retains title to the goods and the client merely has rights to possession as Bailee for the duration of the event.
4.2 The client has no right to agree, attempt, offer or purport to sell, assign, sublet, pledge, hire out or otherwise part with possession of the goods supplied to them.
4.3 All responsibility lies with the client for the safekeeping of the goods during the hire period against loss, theft or damage howsoever caused whether or not such loss is attributable to negligence or other omission by the client.
4.4 PREMIUM EVENTS accepts no liability for any claims in respect of any injury to persons or damage to property arising out of use of the goods provided however caused.
4.5 The client shall be liable for any costs or penalties due to use of any of the supplied goods including but not limited to any fines or tickets received from the use of any mobile plant including forklifts, telehandlers, access equipment, trailers, vehicles etc.
4.6 The client shall be liable for any costs, including insurance fees, which may be incurred due to an accident involving any hired goods or products, including the mobile plant.
5. QUOTATIONS, PAYMENTS & CANCELLATION
5.1 All prices listed exclude GST and are subject to change without notice.
5.2 All quoted prices are valid for 30 days. If a quote is not accepted with in this timeframe the prices are subject to change until time of confirmation.
5.3 Quotes are deemed to be accepted when the non-refundable 20% deposit is paid to PREMIUM EVENTS. If no deposit is paid, items are subject to availability only.
5.4 The remaining balance of the price is required to be paid 10 days prior to the equipment being delivered or installed.
5.5 If the client is a business client and has an account with PREMIUM EVENTS, payment is due the 20th of the month following the event.
5.6 Clients have 2 weeks to remove an item from the order once the quote is accepted. After the 2 weeks have passed the client is liable to pay 50% of the cost of the product they wish to remove from the order. Fluctuations in guest numbers may be allowed after this 2 week period with no extra costs, subject to the sole discretion of PREMIUM EVENTS.
5.7 In the event of a cancellation, the deposit is non-refundable due to loss of potential business attributed to the booking. If cancellations are received with greater than 3 months’ notice then this means a loss of the deposit. If the cancellation is with in 1 – 3 months of the agreed date then charge of up to 50% of the total hire fee will be applied. Cancellations received with less than 1 months’ notice of the agreed event date will result in the full amount being charged.
5.8 Without prejudice to PREMIUM EVENTS other remedies under these conditions at law or otherwise, if the client has not paid the full amount owed as the payments fall due, PREMIUM EVENTS may charge interest at the rate of 5% compounding monthly from the end of the hire period until all monies have been paid in full.
6. DELIVERY
6.1 All goods are carefully checked by PREMIUM EVENTS when packed, however it is the clients responsibility to also check the order themselves on receipt of delivery.
6.2 Any missing, incorrect or damaged items must be communicated to PREMIUM EVENTS as soon as possible. Any complaints made after the return or pick up of the goods will not be considered and will be attributable to the client.
6.3 PREMIUM EVENTS will not be liable for any delays to delivery of goods or services caused by circumstances outside of our control.
6.4 Delivery and set up is not included in the hire price. The client shall pay for all delivery and set up costs.
6.5 The client or a representative of the client must be present at the time of delivery of the goods. If the client is unable to do this, PREMIUM EVENTS will endeavour to leave the items in a safe, weather protected place. Should the goods be damaged, stolen or go missing in this situation, the client will be liable for any costs associated with this.
7. DAMAGE AND ADDITIONAL COSTS
7.1 All items must be returned in the same condition as they were provided. The client will be liable for any costs associated with repair or replacement (including shipping) of any goods hired.
7.2 All items remain the property of the owners, including damaged items whether or not the clients have been charged for their replacement.
7.3 Although every effort is made to ensure goods are in top condition when delivered, it is the client’s responsibility to check all goods on acceptance of delivery.
7.4 Any damaged or missing items not notified in writing by the client to the owner prior to the date of the event will be attributed to the client and the subsequent charges may be invoiced after the event.
7.5 If in the owner’s opinion the goods returned are excessively dirty and additional cleaning above the normal amount is necessary, this will be charged to the client at a rate of $65.00 per hour + GST for every hour of cleaning.
8. ADDITIONAL TERMS
8.1 All personal items must be removed from the marquee before the prior agreed time that PREMIUM EVENTS returns to begin dismantling the marquee and associated equipment.
8.2 All plates, crockery, cutlery and glassware is to be rinsed free of food and beverage residue prior to PREMIUM EVENTS collecting the goods.
8.3 PREMIUM EVENTS will make their best efforts to supply the client with the goods as ordered, however, if for whatever reason an item has become unavailable, PREMIUM EVENTS reserves the right to provide the client with a similar or like product at no extra cost.
9. UNDUE/UNSAFE WEATHER CONDITIONS
9.1 PREMIUM EVENTS marquees are tested and engineered to a certain level of wind speed. During discussions prior to the event taking place, concerns about weather and other risks will be raised and a plan put in place to mitigate these risks.
9.2 If in PREMIUM EVENTS sole opinion that the conditions become unsafe due to wind or other unforeseen natural events then they may require the marquee/s to be evacuated immediately.
9.3 The decision by PREMIUM EVENTS in these circumstances is final and all instructions by PREMIUM EVENTS and their staff must be followed.
9.4 If circumstances such as this negatively affect the ability for the event to run then PREMIUM EVENTS shall not be liable for any loss or disruption to the day.
10. USE OF PHOTOS AND VIDEOS
10.1 By agreeing to these terms and conditions, the client agrees to allow PREMIUM EVENTS to access photos and video of the event and the goods and services provided by them and by others, via direct contact with any professional photographer being engaged.
10.2 The client also provides permission for PREMIUM EVENTS or its representatives to take their own photos and videos of the event and the goods and services provided by them and others.
10.3 These photos may be used for promotional and advertising purposes including but not limited to material produced by PREMIUM EVENTS for websites and social media.
10.4 If the client does not wish for photos and videos to be available for use by PREMIUM EVENTS, or does not want material which may identify the client to be used, this must be notified in writing at the time of the booking, and before part payment has been made.
10.5 The parties may by mutual agreement, agree to restrict publication of such material by PREMIUM EVENTS until such time as the client has had a reasonable opportunity to publish or share the material themselves
11. SEVERABILITY
11.1 If in the event that any part of these terms or conditions will be determined to be invalid, unlawful or unenforceable for any reason, such terms and conditions will be severed from the remaining terms and conditions, and will have no effect on the enforceability of the rest of the terms and conditions contained herein.
11.2 These terms and conditions will be governed by the laws of New Zealand and any legal action arising out of its use shall be brought and enforced within the jurisdiction of New Zealand.
11.3 If PREMIUM EVENTS does not initially enforce any term or remedy contained in this agreement this in no way limits their right to do so later should the issue not be resolved or in PREMIUM EVENTS opinion enforcement of the term is a necessary step for them to take.
12 PRIVACY
12.1 PREMIUM EVENTS has the highest respect for their client’s privacy and as such will not pass on the clients information to any third party unless the client has requested the seller to do so, granted permission for PREMIUM EVENTS to do so or PREMIUM EVENTS is required to do so by law.
12.2 All personal information collected will be used solely for the purpose stated, or to contact you with relevant information. If you wish to remove or change your information held by PREMIUM EVENTS, we will promptly take action to comply with your request.
13. LIABILITY
13.1 Except where PREMIUM EVENTS is in breach of a guarantee in terms of the Consumer Guarantees Act 1993, the client is entering into this contract acknowledges that in all other circumstances whatsoever PREMIUM EVENTS shall not be liable for direct or consequential damage, loss or expense whatsoever and however arising (whether in contact or in tort) including that resulting from the negligence or PREMIUM EVENTS or arising by operation of law and whether suffered by the client and/or third party for any amount that exceeds the amount actually paid by the client to PREMIUM EVENTS pursuant to this contract.
13.2 The provisions of the consumer guarantees act 1993 (New Zealand) are excluded from any supply agreement if you are purchasing or holding yourself out as purchasing the products for a business purpose. To the extent permitted by law, all statutory or implied conditions, warranties and guarantees which would apply are expressly excluded.
13.3 Should PREMIUM EVENTS be delayed in or prevented from making delivery owing to any cause whatsoever beyond their control, then PREMIUM EVENTS shall be at liberty to cancel or suspend the order without incurring liability for any loss or damage resulting therefrom.
13.4 PREMIUM EVENTS shall not be responsible for any breach of this agreement due to any matter or thing beyond its control, including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of god, industrial action, war, riot, or civil commotion, intervention of public authority or accident.