CONDITIONS

The Conditions of Hire set out below shall apply to all contracts for the hire of goods or equipment between the Owner (Christchurch Wedding Hire 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.

BOND

A bond (20%) must be received at the time of the order, unless otherwise agreed in writing.  If the owner does not receive a bond from the Hirer, the Owner shall be entitled to cancel the Hirer’s order and re-hire the equipment without notifying the Hirer.  If the Hirer cancels a booking on or prior to the date of hireage, no refund will be given unless the equipment is re-hired by another customer.  If the Hirer’s equipment or service is unable to be re-hired to another customer, then the Hirer is liable for payment in full.

The Hirer is required to pay a bond to the Owner and/or leave credit card details with the owner.  The bond will be returned in full less any charges for damaged or soiled equipment.  Refunds of bonds may be made up to 2 weeks after the equipment has been returned to or picked up by the Owner.

 The Hirer will pay to the Owner all costs including any internal administration costs and fees, debt collection fees, legal fees, and disbursements on a solicitor, and own client basis incurred by the Owner in connection with the exercise or attempted exercise of any of its rights and remedies under this contract, including but not limited to, late payment of accounts.  Any debt that is passed onto a third party debt collection company will incur a minimum $50 administration fee in addition to any debt recover fees applied.



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 right 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 up 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, including packaging.  The Hirer shall pay for loss and insurance charges (if applicable),  excess use charges, damage to or loss of equipment, confiscation charges and other fines, professional cleaning costs (if any), and default interest for late payment.  Any late payment will incur an interest penalty of 2.0% per month and any discounts applied will be removed.  The Hirer shall also pay for any costs and/or loss of earnings incurred by the Owner 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 is 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, or confiscated in any way (which includes but is not limited to, misuse, willful damage, accidental damage, fire, theft, graffiti, storms, strong winds and other ‘acts of nature’) while in the possession of the Hirer.  This will be taken from the bond paid previously to the Hirer, however, if the cost of replacement exceeds the bond payment, 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 (including, but not limited to, any legal or debt recovery options used to recover payment) owed to the Owner by debiting the Hirers credit card.

For the avoidance of doubt, the Hirer is liable for any equipment damaged during a storm or other ‘acts of nature’ regardless of who has delivered or set up the equipment at the site.

If the Hirer is not an individual, the person who signs the contract on behalf of the Hirer warrants that he or she has authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer.

DELIVERY AND REMOVAL

With the exception of paying for the set up/disassemble/delivery services of Christchurch Wedding Hire, the Hirer agrees to physically handle equipment from Christchurch Wedding Hires storage unit to/from the Hirers own vehicle, including the return of equipment to the current place as per collected.  Failure to do so will incur a fee of $100 per hour for funiture removal services.

Delivery and removal of equipment incurs an additional fee, which will be made clear to the Hirer when discussing hire costs.  It is the Hirer when discussing hire costs.  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 hereby authorises the Owner  to bring the Owner’s vehicle onto the place where the equipment is to be used or located to deliver and/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.  Neither the Owner nor their employees will be held liable for any damages that occur during this process, including, but not limited to, damage to driveways or walkways, grass areas, underground services or any other damage.

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 $45/hr 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 erect, install or place the hire equipment.  Any items or objects that are required 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 clear.

The Owner reserves the right to refuse delivery and installation of any equipment where the Owner deems the property unsuitable for set up, the weather conditions as unsuitable for the safe set up of the equipment, if others are conducting themselves with abusive or intimidating conduct towards the owner (or their staff), or the Hirer is not present at the property at the time specified between the parties.  Should the hire not proceed under this clause, the Owner, at their discretion, may offer a full or partial refund of the hire price.  The Owner is not liable for any compensation to the Hirer or any third parties as a result of the hire not proceeding under this clause.

DUMPING OF STOCK

In the event stock is returned outside of agreed time or is left unattended/unsecure/in public view, this will result in loss of bond and considered dumping.  If stock is damaged/stolen hirer is fully liable for any and all associated costs including replacement.

HIRER’S OBLIGATIONS

The Hirer is responsible for checking the equipment upon pickup and delivery. The Owner cannot accept responsibility for shortages and claims after the customer takes possession.  Where the Hirer is not available to check 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.

The Hirer acknowledges that the Owner shall not be liable for direct and indirect incidental consequential damage, loss or expense arising, whether in contract or tort.  Including results for the negligence or arising by operation of law, whether suffered by third party, for any amount greater than the hireage fee paid by the Hirer to the Owner. 

If the Hirer finds that an item of equipment is faulty or is not in working order, the Hirer must notify the Owner immediately.  If the Owner is notified at the completion of the hire, then the Owner is not liable for any compensation to the Hirer.  If the Hirer requests the Owner to inspect any equipment on site and it is found that the equipment has no fault, then the Hirer may be liable for transportation and labour costs, including any after hours call out fees

The Hirer shall:

  • Take proper and reasonable care of the equipment at all times; and

  • Satisfy themselves that the equipment is suitable for the intended use; and

  • Return all equipment in the same state as it was hired, including packaging; and

  • 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 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 (which will include taking of photos or videos).

  • Return all equipment cleaned except linen.  The Hirer does not receive additional attempts to clean, replace or repair the Owners equipment.

  • Agree to transport all goods in a fully enclosed vehicle.  The Hirer agrees to cover and restrain all goods in a manner to avoid damage of goods.  Failure to transport goods in the described manner may result in loss of bond.

  • Not attempt to repair or authorise the repair of any equipment without written permission from the Owner or open the protective casing of any equipment whatsoever; and

  • 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; and

  • Agree to notify the Owner in writing of any cancellation or alteration of equipment and any verbal or telephone communication of an order or cancellation is at Hirer’s risk.

  • Indemnify the Owner against any claim made by any 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; and

  • 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; and

  • 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; and

  • Comply with all requests from noise control officers and remain within legal noise levels.

  • Except as permitted by the Consumers Guarantees Act 1993 not bring or threaten to bring claims against the Owner for loss or damage incurred or threatened against the Hirer or arising directly or indirectly from the Hirer’s use of the equipment.

  • Inform Owner if another hireage company’s equipment is being used at the same time and location as equipment of the Christchurch Wedding Hire, in order to avoid confusion of property.

  • Inform Owner of exact location, including any changes of where, all equipment will be at all times.

  • Agree not to leave equipment unattended unless in a locked, secure venue.

  • Agree not to use red wine or candles (with the exception of floating candles, directly in water) with Christchurch Wedding Hires equipment.

  • Agree not to use the equipment in a way which will block or impede fire exits or entry/exit points.

  • Agree not to use the equipment in or around a smoking environment.

LINEN

The Hirer is not required to launder linen.

WARNING

Candle wax permanently damages linen - only permitted within water eg. floating candles.

Confetti bleeds ink when moist, which damages linen/chairs.

Hirer is liable for any and all associated costs of replacement/repairs.

GLASSWARE/CROCKERY/BREAKABLES

Hirers are required to rinse, rewrap and pack stock.

TRANSPORTING STOCK

Stock must be transported within a clean and secure vehicle.

Drop sheets must be used on floor and tarps must cover stock.

Glassware and breakables must be transported within an enclosed vehicle to prevent cracking.

RAIN DAMAGE

The following items are susceptible to rain damage:

  • Bamboo arch

  • Chairs

  • Flower urns

  • Kissing balls

  • Bain marie

  • Hot water urn

Hirer is responsible to ensure appropriate care is taken of stock.

PROOF OF ADDRESS

Bank statements are not accepted verification of address.

PO boxes are not acceptable for the requirement of address.

GIFT VOUCHERS

Not redeemable for cash.

Minimum hire of $50.00 required to redeem.

LIMITATION OF LIABILITY

Except where the Owner is in breach of a supplier’s guarantee in terms of the Consumer Guarantees Act 1993, the Hirer, in entering into this contract, acknowledges that in all other circumstances whatsoever the Owner shall not be liable for direct or indirect consequential damage, loss or expense whatsoever and howsoever arising (including that resulting from the negligence of the Owner), or arising  by operation of law and whether suffered by the Hirer and/or any third party for any amount that exceeds the amount actually paid by the Hirer to the Owner pursuant to this contract.  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 possession of the Hirer.

PRIVACY ACT 1993

This contract collects personal information about the Hirer.  The information is principally collected to evaluate the hire of equipment the Hirer seeks.  The information is collected and held by the Owner.  The Hirer has rights of access to personal information contained in this contract, subject to the provisions of the Privacy Act 1993.  The Hirer agrees that this 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 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.