1. In these conditions:
(a) The "Owner" is Pixie Party Supplies Limited
(b) The "Hirer" refers to the person or business hiring equipment from the Owner.
(c) The "Equipment" means all the equipment and accessories supplied to the Hirer.
FEES and CHARGES
2. Amount quoted is for one use of the Equipment only - for the noted hiring term. 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 charges will be borne by the Hirer.
3. Prices quoted are for hire only. Delivery fees are additional.
4. All prices quoted are 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 covers, or other materials 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.
8. If the Hirer, for any reason, terminates a booked hire, then the following fees will apply:
(a) If cancelled within 5 days of hire commencement date – 10% of total invoice value not refunded
(b) If cancelled within 36 hours of hire commencement date – 25% of total invoice value not refunded
(c) 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.
LIABILITY and INDEMNITY
9. The Hirer is responsible for the Equipment from the time of collection and shall pay for all Equipment damage or lost however caused during that period.
10. The Hirer is responsible for the insurance of Equipment for the period of hire including where the customer transports to and from the premises of the Owner. The Hirer shall indemnify the Owner against any damage or loss or from theft which may occur whilst the equipment is in the care of the Hirer.
11. The Hirer shall maintain at its expense liability, property and casualty insurance coverage in amount necessary to fully protect the Owner and its Equipment against all claims, loss or damage of whatever nature or type. The Owner shall not be liable for any loss or damage caused to any person, property, animal or things whatsoever arising from the use of the Equipment hereby hired and the Hirer
indemnifies the Owner in respect to any claims for such loss or damage.
12. The Owner's count and/or decision as to condition of the Equipment prior to dispatch and on return shall be final.
13. The Hirer shall on no account attempt to repair the Equipment but notify the Owner immediately in case of breakdown or failure.
14. The Hirer acknowledges that he has received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.
15. If the Hirer finds that the Equipment is not in working order or finds any fault with the Equipment, where possible they must notify the Owner immediately. If the Owner is only notified at the completion of the intended hire period, then the Owner is not liable for any compensation to the Hirer.
16. The person signing the documents for and on behalf of the Hirer hereby covenants with the Owner that he or she has the authority of the Hirer to make this agreement on the Hirer's behalf and is empowered by the Hirer to bind the Hirer to this agreements and hereby indemnifies the Owner against all losses and cost incurred by the Owner arising out of the person signing this agreement failing to have such power and/or authority.
17. Where the Hirer is more than one person liability shall be joint and several.
18. 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 these 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.
19. 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 this agreement. Where permission has been granted by the Owner to the Hirer to sublet the Equipment, this agreement is still deemed as being between the named Hirer and the Owner and all terms & conditions still apply.
20. The Owner may terminate the hire at any time without providing any reason for so doing, either verbally or in writing. The Owner will not be responsible to the Hirer for any loss they may claim to have suffered in respect of such termination.
21. The Owner makes no warranty or representations to the state, quality, or fitness of any equipment for any particular purpose and no such warranty shall be implied from the description of the equipment on the face of the form. All implied warranties and conditions as to the state, quality or fitness of the equipment for any purpose are hereby excluded.