TOS / Agreement

Terms of Service – EQUIPMENT RENTAL AGREEMENT

By hiring our equipment you must agree to the below.

This Equipment Rental Agreement is effective as of the date of last signature, and is made between Christchurch Parties Ltd.
Owner and Hirer are hereinafter collectively referred to as “Parties”.
Owner rents to Hirer and Hirer rents from Owner, subject to the terms and conditions of this Agreement:

By agreeing to this document, you agree to pay a 20% deposit to secure your booking unless you’ve requested an invoice, in that case you will be invoiced and requested to pay the full amount 7 days from receiving the invoice.
1. Term.

This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner and has been fully tested, the “Effective Date” is the one agreed upon by the Hirer and owner of equipment Christchurch Parties Ltd prior to this agreement.
Hirer shall return the Equipment on the agreed upon return date, or incur late fees.

2. Payment.

20% Payment must be made prior to hire, unless organised otherwise.
Hirer shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) a charge for late return will depend on the hire price of the Equipment or the highest amount allowable under law;
e) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
f) all expenses Owner incurs due to Hirers failure to return the Equipment including costs in locating and recovering the Equipment;
i) all costs incurred to collect unpaid monies due; and
k) fifty dollars ($50) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
l) A cancellation fee for your order, the cancellation is at the discretion of Christchurch Parties Ltd, the fee will be no larger than your total order amount and will depend on the amount of notice given and if there is expected loss of income from the gear being booked out.
m) extra labour, time or equipment out of the initial scope or quote of your booking e.g we have to move equipment multiple times; e.g you’d written in your quote there were no stairs, but on arrival there are numerous stairs.

3. Bond.

In addition to the fees listed in Section 2, Hirer shall pay a deposit at the time this Agreement is signed if requested to. Owner may use the deposit to cover any amounts due under this Agreement, bond does not cover worse case scenarios, anything beyond the price of the bond must be paid in full within 5 days.

4. Late Payment.

If Hirer fails to make any instalment payment within 5 days, a 10% or $50 surcharge (whichever is greatest) will be added to the total price every week.

5. Location of Equipment.

During the Term, Equipment shall be located at the entered location in the Hire Agreement section on our website unless expressly agreed otherwise in writing by Owner.

6. Care of Equipment.

Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals. If you are unfamiliar with the equipment it is up to you to either:
a) Include set up and delivery in your quotation b) Request a manual for your hired items
c) Call us for limited over the phone guidance

7. Repair and Alterations.

The costs of all repairs made during the Term shall be paid by Hirer, including but not limited to labor, material, parts and other items.
Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent, if the equipment is damaged beyond the suitable cost of repair, the item must be purchased off of us at retail price.
This is due to the cost of repair and replacement of items, including labour, shipping and loss of income while being repaired being substantially more than total replacement value

8. Insurance.

Hirer must carry insurance satisfactory to Owner equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by Owner, if no insurance is held it is at your own liability.

9. Restrictions on Use.

Hirer shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.

10. Loss or Damage.

Hirer shall alert Owner to any damage to the Equipment. Hirer shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repairs to it and missing equipment.
Repair of equipment may be denied if the value of repairs, the amount of time to repair and the loss of income while awaiting parts and repairs outweigh the total value of equipment.
During these exceptions you will be charged the complete replacement cost including shipping and handling to replace the item, if no replacement item is available it will be the RRP of them item via bank transfer.
When purchasing a complete replacement you will have the option have having the damaged unit, or having it listed on Trademe to cover part of the repair cost.

12. Condition of Equipment.

The Hirer acknowledges that the Hirer has examined the Equipment and that it is in good condition except as otherwise specified in writing. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHER-WISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

13. Return of Equipment.

Hirer shall return Equipment on the date specified in Section 1 in the same condition as Hirer received it, except for normal wear and tear. Hirer shall return the Equipment to the agreed return location.
If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain pos-session of the Equipment, and hirer agrees to cover all fees that may be incurred by doing so.

14. Termination.

This Agreement shall terminate on the date specified in Section 1.
Owner reserves the right to terminate this Agreement earlier upon notice to Hirer.

15. Indemnification and Liability.

Hirer shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Hirers use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM HIRERS USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Ownership.

Owner shall at all times retain ownership and title to the Equipment. Hirer shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure (e.g noise control). Hirer shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.

17. Waiver.

No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Hirer shall not constitute a waiver of any breach.

18. Severability.

In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other pro-visions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.

19. Entire Agreement.

This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

20. Assignment.

Hirer may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.

21. Headings.

Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

22. Counterparts.

This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

23. Media policy You agree that the owner may use any media of your event without asking for permission, media may be used in advertising and promotion. You also agree we may take pictures of your event, the set up process and the equipment in use to be shared online.

DEFINITIONS

 

Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • “Agreement” means this Equipment Rental Agreement between Christchurch Parties Ltd and the Hirer.

  • “Owner” means Christchurch Parties Ltd, the legal owner of the Equipment being hired.

  • “Hirer” or “Renter” means the individual or entity renting the Equipment from the Owner, as identified in the Hire Agreement.

  • “Equipment” means all items, goods, or property supplied by Christchurch Parties Ltd to the Hirer under this Agreement, including but not limited to furniture, décor, sound systems, lighting, and any accessories.

  • “Effective Date” means the date on which this Agreement comes into force, being the date agreed by both parties prior to the commencement of hire.

  • “Term” means the period between the Effective Date and the date the Equipment is returned to the Owner in accordance with the terms of this Agreement.

  • “Deposit” means the upfront payment made by the Hirer to secure the booking, typically 20% of the total hire cost, unless otherwise agreed.

  • “Bond” means an additional refundable security amount (if required), paid by the Hirer to cover any potential damage or breach of this Agreement.

  • “Normal Wear and Tear” means minor damage or deterioration that occurs through ordinary use of the Equipment in accordance with its intended purpose.

  • “Replacement Cost” means the full retail price to replace lost, damaged, or irreparably harmed Equipment, including associated fees such as freight, handling, and administrative costs.

  • “Late Fees” means any additional charges incurred by the Hirer for failing to return Equipment on the agreed-upon date and time.

  • “Cancellation Fee” means a fee charged if the Hirer cancels the booking, based on notice period given and potential loss of income, as determined by the Owner.

  • “Media” means any photos, videos, or recordings taken of the event, setup process, or Equipment use.