The following conditions apply to all equipment hired from or events booked with The Production Co Ltd.
Equipment
All equipment must be returned in the condition it was collected by the hirer or delivered to the hirer. The hirer will be considered liable and accepts responsibility for any damage to the hired equipment during the period of hire and will be charged additional costs accordingly. Any equipment damaged or destroyed must be returned to The Production Co Ltd, regardless of condition.
The Production Co Ltd will not be responsible for any delays, accidents, loss or damage of any kind direct, indirect or consequential which may arise through defects or breakdowns of the equipment hired.
While every endeavour is made to supply equipment as ordered, The Production Co Ltd reserves the right to substitute other similar designs where necessary.
The Production Co Ltd does not represent or guarantee that the equipment supplied or its capacity or performance is fit for the purpose for which the hirer requires it.
The hirer shall only use the equipment for the use and within the capacity limits for which it has been designed and will not attempt to alter, repair or modify the equipment in any way.
If the hirer considers any equipment to be faulty as supplied, they must The Production Co Ltd immediately and hire will cease from the time of notification if the equipment is found to be faulty by The Production Co Ltd.
All equipment remains the absolute property of The Production Co Ltd.
All equipment remains the responsibility of the hirer from the time it is collected until the time it is returned. In the case of damage or theft, the hirer is liable for full replacement cost of equipment. It is therefore recommended that the hirer arranges own insurance cover for equipment.
Additional
The Production Co Ltd undertakes no liabilities whatsoever in respect of third party and similar risks or of any personal injury or for consequential damage of any kind.
Notwithstanding that the hirer may not have signed this agreement, the acceptance by the hirer of any goods on hire from The Production Co Ltd shall in itself constitute an acceptance of the above terms and conditions, and of the charges stated on the accompanying hire agreement form or acknowledgement of order.
‘The Hire Period is considered to be the time that the goods are collected by the hirer or delivered by an employee of The Production Co Ltd to the hirer until returned to the premises of The Production Co Ltd or collected by an employee of The Production Co Ltd.
No allowance can be made for time when the equipment is not in use for any reason whatsoever.
Payment
All charges are as stated on the hire agreement or attached quote.
Unless otherwise agreed and specified, payment is due on the 20th day of the following month from invoice date.
Additional amounts, according to The Production Co Ltd’s rates, will be charged if equipment is not returned by the date specified in the hire agreement.
Other Payments Terms
Depending on the event the following payment terms may apply. This will be noted on the hire agreement and/or quote.
Overdue amounts
The Supplier retains the right to engage a debt collection agent to recover any overdue monies owing and to on charge any and all debt collection fees in relation to this hire or event.
Cancellation
Government Mandated Restrictions
In the instance the hirer is required to cancel the event due to Government Restrictions on gatherings and/ or enforced Lock Down, the hirer will work with the supplier to confirm a suitable alternate date before cancelling outright.
Government rules on group gatherings will be applicable based on at the time of the event dates.
The hirer is liable for any actual costs incurred by The Production Co as agreed between both parties (i.e., non-changeable travel costs, design & printing etc.)
For any cancellation occurring less than five (5) business days from the delivery for the event, The Production Co reserves the right to charge a cancellation fee of up to 50% of the full quoted rate.
GENERAL
If the client cancels a job which they have engaged The Production Co to supply for, the client will be liable to The Production Co for any costs incurred by The Production Co (ie, non-changeable travel costs, design & printing etc) up to the time of the cancellation. Notwithstanding and at The Production Co’s sole discretion:
A minimum cancellation fee of $500 may be payable or
If the client cancels on the day of the job, the client is liable for 100% of the agreed fee or
If the client cancels giving notice of less than 5 days business days from the scheduled job, a cancellation fee of up to 50% of the agreed fee will apply or
If the client cancels giving notice of more than 5 business days from the scheduled job, a cancellation fee of up to 30% of the agreed fee applies – unless the job date is rescheduled within a reasonable timeframe.
Postponement
To reschedule (postpone) a job, sufficient notice of not less than five (5) business days is required.
In the event of an agreed postponement, the client may, at the discretion of The Production Co, be entitled to the use of any existing deposits against this rescheduled booking.
Any rescheduled job is subject to availability at the time of the notification of postponement.
All efforts will be made by The Production Co to be available for a rescheduled date, however The Production Co reserves the right to decline delivery if a conflict makes this unachievable
In the event a new date cannot be confirmed, The Production Co Cancellation Terms will apply.
All efforts will be made by The Production Co to meet the specification and cost as agreed with the original booking, however, the client is liable for any variations in cost to supply due to the postponement.
Outdoor/Large Events
A 50% non-refundable Deposit is required 7 days before the event/hire period.
The balance is due within 7 days of the event/hire period ending unless otherwise agreed.
In the event of a cancellation prior to the hire period/event then the hirer will not be required to pay any additional cost over and above the deposit.
Where the event is cancelled on the show/set-up day then the hirer will still be liable for all charges as quoted.
If the event is postponed then the hirer will be liable for additional charges each extra day as per normal hire rates over and above the amount already quoted for the event/hire period.
All other terms and conditions of hire are as normal.
Law
The Agreement is governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with the Agreement.
