Terms & Conditions of Hire and Sale

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1. In these conditions ;
   a) The "Owner" is Darby & Grey Ltd
   b) The "Hirer" refers to the person, firm or corporation 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 delivery on street level. Extra charges may be payable for delivery to and removal from higher or lower levels, and changes to confirmed delivery/collection addresses.
    

4. Prices quoted do not include Additional Services including but not limited to site inspections, furniture removal or relocation, and design/concept developments such as CAD drawings and floor plans. Additional Services are available upon request and incur additional charges.
    

5. Custom Built or Special Purchase Equipment will be quoted separately from general equipment. Please refer to payment terms (paragraph 8 of these Terms on Conditions) for booking requirements.
    

6. A Bond or Damage Waiver may be payable by the Hirer to cover all costs associated with normal wear and tear to the Equipment and any accidental damage to a particular item of Equipment, provided that the replacement cost and/or cost of repairs to any Equipment which was damaged does not exceed 10% of the hiring fee for the particular item.
   This waiver does not apply to any other damage to Equipment including;

   1. cigarette burns, candle wax, food & beverage stains, shoe polish, make up or any other substance on any furniture or decor items which requires additional cleaning

   2. damage resulting from overloading, exceeding rated capacity, misuse, abuse or improper servicing of Equipment; 

   3. damage due to disappearance of the Equipment; 

   4. damage caused by the use or operation of Equipment in contravention of any of the conditions of the Agreement; 

   5. damage to, or loss of, the Equipment from any unknown cause.
       

7. Where applicable, a bond will be charged on the full invoice at the time of booking or on the balance invoice where a deposit has been paid.
    

8. All prices quoted are in New Zealand Dollars (NZD).
   
   BUSINESS and TRADE ACCOUNTS
    

9. Trade pricing and credit accounts are subject to application and approval.
    

10. To qualify for our trade discount, customers must have an account with us and have placed at least three orders which meet our minimum spend and proforma payment terms, in the previous 12 month period.
     

11. The trade discount applies to hireage value only and on orders where the hire value exceeds $1000 (excl. GST). Discount does not apply to custom builds, custom sourced/purchased items, design services, signage, labour and transportation.
    
    PAYMENT TERMS - BUSINESS and TRADE ACCOUNTS
     

12. All invoices must be paid in full within 7 days of the commencement of the hire period. Orders that fall beneath the $500 + GST minimum hire spend are due in full at the time of booking.
     

13. A proforma invoice will be provided for new business accounts. Payment of the proforma invoice is required before any credit is extended.
     

14. Trade account bookings may be subject to a 50% deposit depending on variables such as lead time, peak season dates and certain items. The balance invoice will then be issued and must be paid in full within 7 days of order delivery date.
     

15. Where applicable, business accounts will have their discount applied to orders where the hire value exceeds $1000 (excl GST).
     

16. Late payments will be subject to interest charges of 1.5% per month or part thereof, until the outstanding balance is paid in full.
     

17. Any costs incurred in the recovery of overdue debts will be the responsibility of the debtor.
    
    PAYMENT TERMS - NON-TRADE CUSTOMERS
     

18. Non-trade accounts are subject to a 50% non-refundable deposit at the point of booking; full payment of the balance proforma invoice must be made 14 days prior to commencement of hire period. 
     

19. Deposits are required for all orders, with the exception of: 

    1. Orders placed less than 14 days from commencement of the hire period which require full payment to confirm the booking. 

    2. All Custom Built or Special Purchase Equipment requires full payment at the point of booking in order to commence manufacture or buying process.

    3. Orders that fall beneath the $500 + GST minimum hire spend are due in full at the time of booking.
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       CANCELLATION
        

20. Cancellation of orders will forfeit all non refundable booking deposits. Refunds are made via direct credit and incur a $25 administration fee. 

21. 1. Cancellations that are made more than 14 days from commencement of the hire period will receive a refund of any funds remitted, excluding the booking deposit.

    2. Cancellations made less than 14 days from commencement of the hire period will receive a refund for the delivery and collection fees only - the cost for hire equipment is considered as cost of lost opportunity and is not refundable. 

    3. No refund applies for customer pick ups cancelled less than 14 days from collection. 

    4. No refund applies for equipment cancelled on delivery. 

    5. No refund applies to cancellations of Custom Built or Special Purchase Equipment.

    6. No refund applies to deposits

    7. Booking deposits are non-transferable.
       
       
       LIABILITY and INDEMNITY

22. The Hirer is responsible for the Equipment from the time of delivery until collection by the Owner and shall pay for all Equipment damage or loss however caused during that period. Costs for repairing damage to the owner’s property will be determined and at the sole discretion of the Owner and could be at full replacement value of the items in question, including freight, import and associated charges with restocking items in question.
     

23. The Owner shall protect the Equipment from the elements during the time of delivery, use, storage or waiting period before pick-up. 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.
     

24. 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.
     

25. The Owner's count and/or decision as to the condition of the Equipment prior to dispatch and on return shall be final.
     

26. The Hirer shall not remove the Hire Equipment or any part thereof from the situation and position of its installation without consent from the Owner. The Hirer grants the Owner access at all times to inspect or repair the Equipment and in the case of default to remove the Equipment. The Hirer shall on no account attempt to repair the Equipment but notify the Owner immediately in case of breakdown or failure.
     

27. The Hirer agrees not to use the Equipment at locations or purposes different to the Equipment's general designated purpose and suitability. All hire equipment, unless otherwise specified and agreed to in writing, is for indoor use, or marquee use only. The Hirer acknowledges responsibility for the Equipment and is liable for any damage.
     

28. The person signing the documents for and on behalf of the Hirer hereby covenants with the Owner that they have 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 agreement and hereby indemnifies the Owner against all losses and costs incurred by the Owner arising out of the person signing this agreement failing to have such power and/or authority.
     

29. Where the Hirer is more than one person liability shall be joint and several.
     

30. By confirming a booking through accepting a quote via signature, or an online quote acceptance, deposit payment or remittance of funds, the Hirer acknowledges and agrees to the Owner's Terms and Conditions.
     

31. The owner reserves the right to take photos at event locations utilising the Owner's equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognizable private property and persons. Photos may be used in publications or other media produced, used, or contracted by the Owner.