TERMS & CONDITIONS.
Interpretation
For the purposes of these terms and conditions, any term corresponding to a heading contained in the Proposal/Quotation shall mean and include the information inserted with regard to that heading.
For the avoidance of doubt:
a) Proposal means the Proposal/Quotation read in conjunction with these terms and conditions
b)“Customer” includes the customers employees, servants and agents. Customer also means the hirer of equipment.
c)“Equipment includes all items, articles, accessories and documents (including operating manuals supplied with the equipment whether listed under the heading “accessories’ in the proposal or not.
1. Term of Hire
a) The period of hire of the Equipment (Hire Period) will run from the pickup/delivery time on the on the hire commencement date until the return/pickup time on the equipment return date.
b) The customer agrees to return the equipment or (where applicable) to make the equipment available for collection by the return/pickup time on the equipment return date. If the equipment is not returned or made available for collection as stated above then hire charges will continue to accrue until the equipment is returned. Any such further hire charge will be determined by Corporate AV Services Limited at its sole and absolute discretion.
c) The hire period may be reduced by return of the equipment to Corporate AV Services Limited prior to the equipment return date. In the event of such early return of the equipment, Corporate AV Services Limited may, at its sole discretion, adjust the hire charge to reflect the shorter hire period.
d) If the customer having indicated on the proposal that it would return the equipment, is unable to do so, then the customer may elect for Corporate AV Services Limited to collect the equipment. Provided that the customer makes the equipment available for collection by the return time no additional hire charges will be payable by the customer. A collection fee will be charged.
2. Price:
GST and other taxes applicable to the hire of the equipment to the customer will be added to the prices charged.
3. Payment of Hire Charges and Payment Terms:
The due date for payment of the hire charges levied under this proposal including, without limitation additional hire charges incurred by the customer pursuant to clauses 1(b) and 9(c) will be as noted on a relevant invoice. If the customer does not hold an approved credit account with Corporate AV Services Limited the due date on the relevant invoice will be prior to the event hire date, and if the customer holds an approved credit account, 50% of the full amount owing will be due prior to the event, date detailed on the invoice, and the remaining balance will be due by the date detailed on the invoice. This will also include any extra charges due to any changes to the original order between the customer and Corporate AV Services Limited.
4. Overdue payments and debt recovery:
If any amount under this proposal is not paid upon the due date for payment the customer will pay Corporate AV Services Limited interest on the overdue amount at the rate of 7% above the overdraft interest rate of Corporate AV Services Limited’s bank calculated daily for the period from the due date for payment until payment is made. Corporate AV Services Limited will forward any overdue amount to a debt collection agency to recover the outstanding amounts together with any collection fees and interest charges that may be incurred by Corporate AV Services Limited. The customer is fully liable for any debt collection fees, debt collection agency commission fees and legal fees to recover the full amount.
5. Access to the Equipment.
The customer will permit Corporate AV Services Limited it’s servants or agents to enter the premises wherethe equipment is located for the purposes of inspection, repair, adjustment or collection of the equipment.
6. Default and repossession:
If the customer:
a) permits or commits a breach of any term or condition of this agreement
b) allows any of it’s assets or the equipment to be seized to satisfy other debts
c) is a company and an order is made or resolution is passed or any other steps taken for the winding up of the customer
d) enters into or takes any steps to enter into a scheme of arrangement composition or assignment for the benefit of its creditors generally
e) commits an act of bankruptcy or is adjudged bankrupt
f) has a receiver appointed to the customer or the customer is deemed to be unable to pay its debts as they fall due
g) has any execution order or distress levied upon any of its property or the equipment
h) permits or suffers any act or thing which prejudices or jeopardises Corporate AV Services Limited’s rights in the equipment
i) allows a financing statement ( as defined in the Personal Property Securities Act 1999 ) to be files against the equipment supplies false or misleading information pursuant to this proposal from Corporate AV Services Limited then Corporate AV Services Limited may immediately cancel this proposal and retake possession of the equipment and for such purposes may by it’s servants or agents enter into any premises in which the equipment may be located without being liable for any action for trespass and the customer shall indemnify Corporate AV Services Limited against any claims for consequential loss or damage. In the event that this agreement is cancelled by Corporate AV Services Limited then all monies payable or to become payable under this proposal will become immediately due and payable and the rights and obligations of Corporate AV Services Limited and the customer will be settled on that basis. Cancellation will be without prejudice to the right of Corporate AV Services Limited to recover any unpaid monies and to the rights and obligations under clause 9 (Loss or damage)
7. Ownership and possession:
The customer agrees that the equipment will remain the property of Corporate AV Services Limited and that the customer is a Bailee only of the equipment on the terms and conditions as set out in this proposal. The customer agrees not to deal with nor to permit, cause or suffer the equipment to be dealt with in a manner prejudicial to Corporate AV Services Limited rights in the equipment. In particular (but without limiting the generality of the foregoing) the customer agrees not to sell, assign or pledge the equipment subject to the provisions of clause 16, not to underlet, lend or otherwise part with possession of the equipment, to protect the equipment against distress, execution or seizure, not to remove any sticker from the equipment giving notice of Corporate AV Services Limited ownership of the equipment.
8. Customer covenants:
The customer agrees that the customer will
a) keep the equipment in good working order, fair wear and tear excepted
b) subject to the provisions of clause 16 keep the equipment at the location given unless prior written consent has been obtained from Corporate AV Services Limited to relocate the equipment elsewhere
c) keep the equipment location secure
d) use the equipment in the prescribed manner
e) not modify the equipment
f) comply with any operating instructions and all applicable legislation, regulations, bylaws and the directions of any competent local authority
9. Loss of equipment:
a) The equipment will at all times whilst in the care, custody or control of the customer including, for the avoidance of doubt, during the period of any permitted underletting or lending of the equipment in accordance with clause 16, be at the risk of the customer.
b) The customer will bear the risk of any loss, theft, damage or destruction and if the equipment will require repair or replacement as a result of the customers use of the equipment the customer will bear the cost of any such repair or replacement including any freight charges incurred.
c) In the event of the equipment or any part thereof being lost, stolen, destroyed or damaged beyond repair, the customer will pay to Corporate AV Services Limited the new replacement cost of such equipment as assessed by Corporate AV Services Limited.
d) In respect of any loss, theft, damage, destruction or failure to return any part of the equipment may render the equipment Unusable, the hire period will continue and the customer shall continue to pay hire charges until the equipment has been returned or repaired, or the replacement cost of new equipment has been paid by the customer.
10. Other damage:
Corporate AV Services Limited will not be liable for, and the customer indemnifies Corporate AV Services Limited against all claims for loss or damage to any equipment or thing used in or connected to the equipment which is not the property of Corporate AV Services Limited whether caused by the equipment or not.
11. Indemnity:
The customer agrees to indemnify Corporate AV Services Limited and to be responsible for all costs, charges and other liabilities incurred by Corporate AV Services Limited as a result of the customers breach of any of the terms of this proposal or as a result of Corporate AV Services Limited enforcement of any of this proposal conditions or arising out of or in any way connected with the use of the equipment by the customer. Corporate AV Services Limited shall not be liable for any loss or damage suffered by the customer or claim made against the customer in connection with any failure or malfunction of the equipment or any delay in Corporate AV Services Limited’s delivery of the equipment. In no event will Corporate AV Services Limited be liablef or any economic or consequential loss, including but not limited to loss of use, contract, goodwill, revenue or profit. If despite the other provisions of this proposal, Corporate AV Services Limited is liable to the customer, Corporate AV Services Limited’s liability shall in no event exceed 10% of the GST exclusive price payable by the customer for the hire of the equipment.
12. Maintenance:
Corporate AV Services Limited will at it’s expense when it deems necessary provide maintenance for the equipment and shall use it’s best endeavours to repair or replace any equipment which may become defective during the hire period through no fault of the customer. Corporate AV Services Limited may at it’s sole discretion and for such length of time as it deems expedient replace the equipment or any part thereof with other equipment of such type of model as shall for the time being be available and the equipment so substituted will be subject to the terms of this proposal.
13. Intellectual property rights/copyright:
a) Pertaining to intellectual property including but not limited to copyrights, patents and trademarks are expressly reserved by Corporate AV Services Limited. The customer will not make any copies or authorise or allow any copying of items supplied including without limiting the generality of the foregoing, software programs and operating manuals except with the prior written authority of Corporate AV Services Limited.
b) Corporate AV Services Limited is not liable for and the customer agrees to indemnify Corporate AV Services Limited against any claim, action, proceeding or cost which may arise as a result of any infringement of the Copyright Act 1994 or any other intellectual property rights of any person.
14. Entire agreement:
This proposal represents the complete understanding between Corporate AV Services Limited and the customer with respect to the equipment. Any amendment to this proposal will be made by agreement in writing and signed by both parties. Other than expressly provided for in this proposal, the customer acknowledges that it has not relied upon any statement or representation by Corporate AV Services Limited in respect of the equipment or the use of the equipment by the customer irrespective of whether the customers purpose for the use of the equipment is known to Corporate AV Services Limited. The customer acknowledges that under no circumstances is Corporate AV Services Limited responsible or liable for any failure of unsuitability of the equipment to perform the purpose required by the customer.
15. Consumer Guarantees Act 1993 (CGA) Other Law:
a) Where the customer enters into this proposal for the purposes of a business as the term “business” is defined in the CGA the customer expressly agrees that the provisions of the CGA do not apply
b) Nothing in this proposal shall restrict, modify or exclude any conditions, warranties, rights or liabilities which may at any time be implied in this proposal by any law where to do so would be unlawful.
16. Trade customers:
Where the customer has indicated on the proposal that it is a trade customer and this notation has been endorsed on behalf of Corporate AV Services Limited then:
a) The customer will be entitled to underlet or lend the equipment to its own accordance with its customary business practices.
b) Except to the extent to which they are varied by the preceding provisions without limitation, the customers obligations pursuant clause
c) Loss or damage will apply to the customer irrespective of any permitted under letting or lending of the equipment.
17. Debt authority:
When the customer has given a credit card or account debit authority Corporate AV Services Limited are hereby authorised to debit all fees and charges payable under this proposal to the customers card or account, whether owing now or in the future.
18. Cancellation:
The customer must notify Corporate AV Services Limited of cancellation in writing. In circumstances where the customer cancels the booking before the commencement date and time we reserve the right to levy a cancellation charge:
a) between 30 days and 15 days (inclusive) prior to delivery = 10% of total invoice or booking price
b) between 8 days and 15 days (inclusive) prior to delivery = 25% of total invoice or booking price
c) between 7 days and 2 days (inclusive) prior to delivery = 50% of total invoice or booking price
d) up to 24 hours prior to delivery = 100% of total invoice or booking price.
Cancellation charges are payable in full within 7 days after the commencement date of the event.
Payment terms clause 3 & 4 are applicable to payment of cancellation charges.
We reserve the right to recover any reasonably incurred pre-production costs
19. Postponement:
To reschedule an event sufficient notice must be given to Corporate AV Services. Sufficient notice is at least one week (7 days) notice, otherwise cancellation fees apply. (clause 18) With sufficient notice, the customer may be entitled to use all of the deposit towards a timely rescheduled event at our discretion. To qualify for a postponed event it must be held within a year of the original scheduled event. If the event is an annual event, it must be rescheduled to a date earlier than the 1 year anniversary of the postponed event. Any rescheduled event is subject to availability at the time of notification of postponement. If there is a postponement of the event due to an unforeseen circumstance we will do our best to provide the customer with the hire on the new date, however Corporate AV Services reserves the right to decline service if we are unable to make the new date. Deposit and payment will transfer to the new date if Corporate AV Services can make the new date, however our terms will remain as per the cancellation policy a (clause 18) if we are unable to make the new date.
20. Health & Safety:
Corporate AV Services takes H&S seriously. Corporate AV Services reserve the right to suspend or withdraw any services if yours or a third parties plans breach our policies for safe work practices or any applicable H&S standards. Corporate AV Services Limited H&S policy is available upon request.
21. Force majeure:
If the Corporate AV Services is unable at any time whether wholly or partly by reason of any cause beyond its control (including without limitation acts of god, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, pandemics, interference by civil or military authorities or act of war) Corporate AV Services may give written notice to that effect to the customer, giving full particulars of such force majeure and the obligations of Corporate AV Services under these conditions shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. Corporate AV Services shall not be liable for any loss or damage suffered by the customer as a result of any delays caused by such force majeure events.
22. Privacy policy:
Corporate AV Services collects company and personal information from the customer. Corporate AV Services collects this information to carry out tasks directly related to the business. We will never share this information with anyone without your agreement. As your information will be retained in our database you may from time to time receive information or special offers from us. Any media sent to us ie. presentations/videos for an event or media left at an event etc will be deleted unless directed otherwise. All livestream recordings will be deleted once the event or client instruction has been completed.