These Terms and Conditions apply to all Quotes issued by us on or after 1 January 2020 until further notice. We reserve the right to change these Terms and Conditions at any time, with such changes becoming effective from the date of uploading onto our website (www.twelvetables.co.nz) or upon notification in writing to the relevant Hirer.
- DEFINITIONS:
“Amount Owing” shall mean the hire charges plus all costs, expenses and penalties for which you are liable to pay us.
“Bond” means the amount shown in the Quote to be held by us and which shall be released to you within 5 working days after the Hire Period on the basis no damage has been caused to the Equipment.
“Confidential Information” includes the terms of the Contract (including the details of any Quote or invoice), information highlighted by us to you as being confidential and information that would reasonably be considered to be confidential, including but not limited to any refund provided to you, however excludes information that is public knowledge;
“Equipment” means collectively all the equipment described in the Quote and separately each item of the equipment designated in the Quote and includes any additional Equipment included at a later date.
“Force Majeure event” means any event or cause reasonably beyond a party’s control including action superimposed by the Crown after the date of the Contract, acts of God, fire, earthquake, storm, flood, landslide, explosion, power failure, sabotage, civil disturbance, insurrection, epidemic, national emergency or act of war.
“Property” means all land, buildings and anything forming part of the land, including without limitation any trees, fences and underground services, at the address of where the Equipment is to be delivered and located.
“Quote” means a quotation for Equipment and/or Services provided by us and issued to you (as may be amended from time to time) which is deemed to contain a reference to these Terms and Conditions;
“Services” means services in relation to the delivery, installation, dismantling and removal of Equipment provided by us.
“The Hirer” “you” or “your” shall mean the party to whom we provide Equipment pursuant to these Terms and includes their successors and assigns, and those claiming under, or authorised, by the Hirer.
“Terms” means these Terms and Conditions.
“We” “us” or “our” means Twelve Tables Limited or any associated division or company (and its employees, agents or contractors).2. ACCEPTANCE
Unless agreed in writing to the contrary the acceptance and payment of the Booking Fee by the Hirer of any Quote for Equipment and/or Services from shall in itself constitute an acceptance of these Terms and of the Hire Charges, or invoice provided to the Hirer by us (“Contract”).3. NO ASSIGNMENT OF HIRE AGREEMENT
The Hirer may not assign its rights or obligations under these Terms without our consent. Until such written confirmation is received from us, you shall remain liable under these Terms and for any amount owing and our conduct shall not be deemed acceptance or confirmation of any assignment to revocation We may assign our rights under these Terms.4. HIRE PERIOD,RATE OF HIRE AND PAYMENTS
The hire period and hiring charges commence from the time the Equipment leaves our warehouse and shall continue until the return of the Equipment to our warehouse, unless determined by us earlier due to a breach of these Terms by you (“Hire Period”).
Risk of the Equipment shall pass to you upon commencement of the Hire Period.
All Equipment is to be used at your own risk. In the absence of special arrangement to the contrary, the Equipment is hired at the rate detailed in the Quote provided by us to you (“Hire Charges”).
Conditions which prevent satisfactory operation of the Equipment do not relieve you of your responsibility for Hire Charges.
Unless otherwise agreed by us in writing, the Hire Charges shall be paid as follows:
30% non-fundable deposit payable to secure the Equipment and/or Services (“Booking Fee”); and
the balance payable 30 days prior to the commencement of the Hire Period which is non-refundable subject to (1) a Force Majeure Event in which case this amount will be refunded to you or (2) at our sole discretion.
No Equipment will be held until we have received the Booking Fee.
We supply all Equipment and/or Services to you on condition that all payments made to us from you are valid and in the ordinary course of business. Any payments are agreed to be received in good faith.5. AMENDING EQUIPMENT
Any request from you to change the Equipment listed in the initial Quote is always subject to availability and freighting logistics.
No change to the Equipment shall result in more than a 10% reduction in the price shown in our initial Quote.
Subject to clause 5(a), there is no restriction on increasing the Equipment and price shown in our initial Quote.6. DELIVERY AND COLLECTION OF EQUIPMENT
All Quotes are subject to a site inspection. If we are unable to complete a physical site inspection of the Property as a result of a direct instruction from you, additional costs to you may be incurred if the Property does not match he description given to us and we shall not be liable or held accountable for any damage caused to the Property in erecting and installing the Equipment or any damage caused to the Property as a result of relocating the Equipment. We assume marquees are being installed on flat grass areas and if not, the Quote may need to be modified to safely erect the marquee. If the marquee cannot be pegged down you will require weights and unless specified, are not included in the Quote.
You shall notify us of all underground services at the Property which may affect our ability to install or erect the Equipment prior to us commencing our Services.
If we agree to deliver and/or collect Equipment, you authorise us to bring our vehicle(s) onto the Property to deliver and/or to recover the Equipment at the end of the Hire Period. We shall not be responsible to you or any third party for any damage to the Property that may be done by our vehicle(s), the Equipment or us during the delivery, setup or collection of the Equipment.
Upon delivery of the Equipment, you shall become liable for any damage, loss or theft to the Equipment and we shall have a right to claim compensation from you for such damage, loss or theft. Such compensation will be deducted from your Bond and if additional amounts are required, we will advise accordingly.7. CARE OF EQUIPMENT
The Equipment does not purport to be new stock or equal to new stock but all Equipment is understood to be in good working order for normal use at its stated capacity at the commencement of the Hire Period.
You shall:
determine using your sole judgment that the Equipment is suitable and is in a condition for the intended use;
only use the equipment for the purpose described and within the capacity for which it was designed;
immediately notify us of any breakdown, damage, destruction, theft or loss of the Equipment and assist our inquiries in regards to the damage (including filing a police report); and
be liable for any loss, theft, damage or destruction of any Equipment during the hire period. All Equipment damaged shall be repaired at your cost (including without limitation time and materials) to reinstate the Equipment to its original condition at the commencement of the Hire Period and should the Equipment be lost or damaged beyond repair will be paid for by you at the regular replacement price.
Breakdowns or damage resulting from negligence or misuse shall not in any circumstances shorten the period of hire.
- 8. OWNERSHIP OF EQUIPMENT AND OUR RIGHT TO RETAKE POSSESSION
Any Equipment supplied by us to you, whether in consideration of rental or free charge, shall remain our property. Whilst our Equipment is in your possession, you shall:
keep our Equipment fully insured in our name against all risk of every usual description and such other risks as we may require from time to time;
not attempt to sell, assign, mortgage, lend, register a security over or otherwise deal with or part with the possession or control of our Equipment or part thereof;
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 number or any part thereof, on or in the Equipment or any other part of the Equipment or in any other manner interfere with the Equipment; and
permit us (our agents) at any time without notice to enter all properties and premises at which we believe on reasonable grounds the Equipment to be stored, to inspect, remove or repossess the Equipment supplied by us.9. RIGHT TO TERMINATE
Without prejudice to any other remedies available to us and notwithstanding any Hire Period specified, we may terminate the Contract immediately if:
the Hirer commits any breach of these Terms;
the Hirer does not make payment pursuant to clause 4(e)(ii);
the Hirer commits any act of bankruptcy;
the Hirer, being a company, has an application made or a resolution is passed for its winding up or being a company a receiver of its assets or any of them is appointed;
if any execution or distress shall be levied upon the Equipment;
any judgment against the Hirer remains unsatisfied for seven (7) days or more;
if the Hirer makes an assignment or compromise for the benefit of its creditors;
if the Force Majeure Event continues for longer than 3 months; and
the Hirer, being a company is placed under statutory management or ceases to carry on business.
Upon termination of the Contract and subject to these Terms, no amounts are refundable to you and the Equipment must be returned to us immediately, and if it is not, we shall be entitled to take immediate possession of the Equipment and for this purpose the Hirer irrevocably appoints us as its agent and authorises us to enter on any properties or premises owned by or under the control of the Hirer upon which the Equipment is then situated and agrees to indemnify us in respect of any claims, damages or expenses arising out of any action taken under this condition.10. COLLECTION, STORAGE AND USE OF INFORMATION
The Hirer authorises us to collect, store and use information about the Hirer for the purposes related to the provision of us providing the Equipment and our Services (including whether to allow credit on the Hirer’s account) reporting information to any credit agency, marketing our Equipment and Services (including images taken by us and images supplied to us by you or any third party), and enforcing any rights under these Terms and any other terms or conditions relating to the provision of Equipment and/or services from us to the Hirer.
The Hirer expressly consents to receiving commercial electronic messages from us and its agents for the purposes of the Unsolicited Electronic Messages Act 2007. The Hirer may withdraw its consent at any time by notifying us in writing.
Where personal information is collected stored or used by us it will be dealt with in accordance with the Privacy Act 1993. In particular, any individual may access personal information held about them (subject to the permissible limitations contained in the Privacy Act 1993), and may request correction of that personal information. Further information about the handling of personal information including requests for access to personal information may be obtained from us upon request.
11. CONFIDENTIALITY
All Confidential Information will be and remain our property, and you must:
keep all Confidential Information confidential and use the Confidential Information only for the purpose of the Contract;
not disclose any Confidential Information to any person without the prior written consent from us (unless the disclosure is required under law); and
destroy or return the Confidential Information to us upon our request at any time.
This clause 11 shall survive termination or expiry of the Contract.
12. LIABILITY
We make no warranty or representation as to the date or quality of fitness of the Equipment for any particular purpose and no such warranty shall be implied from the description of the Equipment on the face of this form.
All advice and information in whatever form it has been given by us to you is given gratuitously and without liability. No guarantees, warranties, representations or agreements made on our behalf shall be binding on us unless made in writing.
We are not liable for any loss or liability suffered by you or any third party as the result of the damage, failure or breakdown of the Equipment however caused or due to us not being made aware by you of any underground services.
You shall indemnify us for any loss incurred as a result of any:
act, error or omission by you and for which you are legally liable; or
you breaching these Terms; or
claim by a third party in respect to any loss, injury or liability arising from this hiring or arising from the use of the Equipment by you.
To the maximum extent permitted, we shall not be liable to you, any guarantor or any agents or employees whether in contract, tort or otherwise for:
any minor variation in product specifications including but not limited to colour or design, which may occur from time to time; or
any loss of profits, consequential, indirect or special loss; or
any delay in delivery or damage, injury, cost or loss of any kind arising directly or indirectly (including force of majeure) from any breach of our obligations to you.
Where it is found we are liable to you, unless otherwise agreed in writing, the maximum cost of our liability, however arising, shall not exceed the lesser of the Quoted price.13. DISPUTES
You will not file legal proceedings in respect of a dispute between us regarding any matter unless the party intending to file proceedings has used all reasonable endeavours to complete the steps in clauses 13(b) and 13(c). This clause will not prevent any person from applying to a court for urgent interlocutory relief.
Within 10 business days of either party giving written notice that a dispute exists arising out of or in connection with these Terms, both parties shall attempt in good faith to endeavour to resolve the dispute.
If the dispute is not resolved with 20 business days of receipt of the notice of dispute, either party may by notice to the other party refer the dispute to mediation. The mediation will be in Tauranga. If the parties do not agree on a mediator, or the mediator’s fees, within a further 5 business days, the mediator will be appointed, or the fees set, by the Chair of the Resolution Institute or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation.
14. CONSUMER GUARANTEES ACT (1993)
Nothing in these Terms of trade excludes, limits, restricts or is intended to derogate from any right or remedy which you may have pursuant the Consumer Guarantees Act 1993 (“the CGA”), if you are a consumer as defined in the CGA who requests the goods and services for personal use.
The guarantees contained in the CGA are expressly excluded where you acquired goods or services from us for the purpose of a business.
15. FORCE MAJEURE
Neither Party will be liable to the other for any delays or non-performance of contractual obligations under this Agreement caused by a Force Majeure event provided each Party has taken all reasonable steps to minimise any loss, damage or delay resulting from a Force Majeure event.
16. MISCELLANEOUS
No alteration or variation of these Terms will be binding on us unless authorised by us in writing.
Failure by us to enforce any these Terms shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.
If any provision of these Terms shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
New Zealand law governs these Terms and New Zealand Courts have exclusive jurisdiction.