1. Definition:

1.1.  The“Owner”is Audio Visual Events Limited trading as AVEvents.

1.2.  The Hirer is the person/company hiring the equipment on a dry hire basis or as a contracted production service.

 

2. Period:

2.1.  Hire period is from the time equipment leaves the Owner’s possession until it is returned to the Owner’s possession.

2.2.  No allowance whatsoever can be made for time when equipment is not in use for any reason whatsoever.

 

3. Equipment:

3.1.  The equipment hired is agreed to be as stated.

3.2.  The Owner does not represent or warrant that the equipment supplied, or its capacity or performance is fit for the purpose for which the Hirer requires.

3.3.  While every endeavour is made to supply equipment as ordered, the Owner reserves the right to substitute other suitable equipment where necessary.

3.4.  Where desired, the Hirer will be instructed in the correct use of the equipment. However,theHirer assumes responsibility for the correct use of the equipment whether instructed or not.

3.5.  The Owner will not be responsible for any delays, accidents or loss or damage of any kind either direct, indirect or consequential which may arise through defects or break downs of the equipment hired.

3.6.  Equipment must be handled with the greatest of care while in the Hirer’s possession.

3.7.  No equipment will be used outside without the Owners express and written consent. This also applies to tents, marquees, temporary buildings and any other non-permanent facilities.

 

4. Proper Use:

4.1.  The Hirer shall only use the equipment for the purpose and within the capacity limits for which it’s been designed, and will not attempt to alter, repair or modify the equipment.

4.2.  The Hirer will ensure that all equipment will only be connected to certified electrical connections.This also includes electrical fusion, voltage irregularities and power spikes or problems from any other external source, howsoever caused.

4.3.  The Owner reserves the right, at its discretion, at anytime to inspect the equipment hired by the hirer to ensure that it is being used in the correct and proper way.

 

5. Return of Goods:

5.1.  Any equipment or part there of not returned on due date will be charged to the Hirer’s account.

5.2.  On termination of the hire, the Hirer shall return the equipment, complete with all accessories, clean and in good order as received from the Owner.

 

6. Packing and Containers:

All equipment is suitably packed where necessary. Such packing must be used by the Hirer when returning the equipment, otherwise the cost of such packing may be charged to the Hirer’s account.

 

7. Re-hire of Equipment:

Equipment must not be re-hired or loaned by the Hirer to a third party without the Owner’s consent.

 

8. Damaged of Faulty Equipment:

If the Hirer considers any equipment to be faulty as supplied, they must notify the Owner immediately and the hire will cease from the time such notification is received, if the equipment is found to be faulty by the Owner.

 

9. Non-Supply:

AV Events will endeavour to supply equipment as ordered, but will not accept responsibility for non-delivery, delay in delivery or inability to supply when required.

 

10. Loss or damage:

10.1.  The Hirer accepts full responsibility for loss or damage of equipment, howsoever caused, from the time the equipment leaves the Owners possession until returned to the Owner’s possession.

10.2.  Should there be any loss or damage to the equipment, the Hirer will pay to the Owner $2,000 + GST for the insurance excess or the actual value of the loss or damage whichever is the lesser. If any insurance claim is rejected, the hirer is liable for the full replacement or repair costs.

10.3.  Damage caused by electrical fusion, voltage irregularities and power spikes are not covered.

 

11. Delivery:

Hire charges are ex our warehouse or depot. Any freight or delivery charges incurred by the Owner on the Hirer’s behalf may at the Owner’s discretion be charged to the Hirer.

 

12. Payment:

12.1.  The inclusive charges for the hire are as stated in the estimate / quote supplied.

12.2.  Unless otherwise arranged all hire, charges are to be paid in full as determined by the Owner before delivery or possession is affected.

12.3.  Additional hire charges at the rate quoted herein for the period overdue will be made for equipment returned after the due time or date.

 

13. Termination:

If payment is in default in excess of seven days, or if there is any breach of these Terms and Conditions then the Owner reserves the right to terminate the Hire forthwith and to take any steps necessary to recover possession of the equipment without prejudice to the Owner’s rights to recover all amounts due for the hire, reconditioning or repair of the equipment if required and the cost of return to the Owner’s premises.

 

14. Property Rights:

All equipment remains the absolute property of Audio Visual Events Ltd. The Hirer undertakes to keep the equipment in his own possession and control, free from all liens, charges, and any other interests whatsoever.

 

15. Owner’s Liabilities:

The Owner accepts no liabilities whatsoever in respect of third party and similar risks or for personal injury or for consequential damage or loss of any kind.

 

16. Invoicing and Payment:

16.1.  Subject to the Owners approval of the credit rating, full payment shall be made on the 20th of the month following the invoice date unless otherwise specified in writing. Payment by cheque shall not be deemed made until clearance of the cheque.

16.2.  The Owner reserves the right at its discretion at any time to withdraw any credit terms and substitute Cash with Order or Cash on Delivery or any other terms.

16.3.  Unless otherwise expressly appropriated by the Owner, payment shall be taken to discharge Hirer’s oldest debt, and shall first reduce any interest or costs outstanding including costs of collection, before reducing the principle debt.

16.4.  Additional hire charges at the rate quoted herein for the period overdue will be made for equipment returned after the due time or date.

16.5.  When paying via credit card, Audio Visual Events Ltd will charge a 4% Credit Card surcharge to the total value of the final invoice via our PayPal account.

 

17. Failure to pay us by the Due Dates

If you do not pay us by the Due Dates you will be in default, and we may:

17.1.  Charge interest on all overdue payments at the rate being the highest overdraft rate charged by the Owners bank from the due date until the date of payment.

17.2.  Recover from you (as a debt owing) all costs incurred in attempting to obtain payment, including legal costs (on a solicitor and own client basis), debt collection costs and administrative charges.

17.3.  If payment is not received by the 20th of the month following the invoice date, the discount offered in the estimate/quote will be withdrawn and charged to the Hirer.

 

18. Legal Expense:

The Hirer shall pay all costs, charges and expenses including reasonable legal fees incurred in retaking possession of the equipment or in the collection of any sums which may be due and owing to the Owner by the Hirer, including the defence of any action brought against the Owner for damages caused by the equipment while the equipment is in the possession of the Hirer.

 

19. Event Cancellation:

If you have given us notice of cancellation, this must be in writing.

19.1. A cancellation fee will be incurred, calculated as follows:

19.1.1.  Less than 14 days before the pack in day, 25% of the charges

19.1.2.  Less than 7 days before the pack in day, 50% of the charges

19.1.3.  Less than 3 days before the pack in day, 75% of the charges

19.1.4.  Less than 48 hours before the pack in day, 100% of the charges

19.2. An event is postponed to a future date, within a 12-month period, a fee will occur calculated as follows:

19.2.1. Less than 48 hours before the event starting, 25% of the charges

19.2.2. Less than 24 hours before the event starting, 50% of the charges

19.2.3. If equipment is on site, 100% of the charges

 

20. Covid19 Pandemic (SARS-CoV-2, Novel Coronavirus):

The following conditions apply to Audio Visual Events Ltd Standard Terms & Conditions during the New Zealand Government response to Covid19 Pandemic (SARS-CoV-2, Novel Coronavirus). These conditions apply at any Alert Level that the New Zealand Government deems required based on Covid19 in either the community or in any Managed Isolation and Quarantine facilities (MIQ). As Alert Levels can change with a very minimum notice period, notice of cancellation must be in writing.
20.1. A cancellation fee of event will be incurred, calculated as stated in section 19
20.2. An event is postponed to a future date, within a 12-month period, calculated as stated in section 19

20.3. Alert Level change during an event

20.3.1. If the alert level changes during the course of a physical event, Audio Visual Events Ltd will work with the hirer on what is able to be done, to either reschedule the event, or move the event into an online environment. All charges to date will apply, i.e. setup, operate, packout labour, and equipment hire, based on the number of days used. E.g. 3-day event, alert level changes at end of day 2, equipment and labour charges based on the 2 days of the event, and not on the scheduled duration of 3-days.

20.4. Alert Level change during dry hire of equipment

20.4.1.  If the alert level changes during a dry hire, and either the hirer or, Audio Visual Events Ltd, can collect the equipment, the standard hire rate applies

20.4.2.  If the alert level changes during a dry hire, and either the hirer or, Audio Visual Events Ltd, are not able collect the equipment, a 10% of the hire rate applies, per week/day, until the equipment is able to be either, returned by the hirer, or collected by Audio Visual Events Ltd.

 

21. Intellectual Property:

The hirer is solely responsible for any and all intellectual property (including without all copyrighted material and registered and unregistered trade marks) in any way used at or forming part of your event and agree to indemnify Audio Visual Event Ltd against any claims or actions brought against us in respect of the use of any such intellectual property (including any computer program, music, film, graphic, printed material or any other copyrighted material of any kind) in any media, at your event. Any floorplans, conceptual drawing(s), event design, documentation, media, or anything else designed, created or produced by the Owner remain the sole Intellectual property of the Owner.

 

22. Acceptance:

Notwithstanding that the Hirer may not have signed this agreement, the acceptance by the Hirer of any equipment on hire from the Owner shall in itself constitute an acceptance of the above Terms and Conditions, and of the charges stated on this Hire Agreement from acknowledgement of order.

 

23. Meal Breaks:

The hirer is responsible for allowing the crew onsite to have meal break(s). If a meal break(s) are not able to be possible due to the schedule of the event:

23.1.  The hirer is required to provide meal(s) for the crew onsite.

23.2.  If meal(s) are not provided by the hirer, the Owner reserves the right to charge the hirer for the costs of meal(s) for all crew onsite, to a maximum of $30 per crew member.

23.3.  A meal break is required after 6 hours of work for a minimum of 30min, if crew are required to work through the 30min break Audio Visual Events Ltd reserves the right to charge the hirer for the loss of the 30min break.

 

24. Rest Breaks:

A minimum of a 10-hour break is required between shifts, if a 10-hour break is not obtained, then an hourly rate of 1.5 times the standard labour rate is charged to the client until a minimum of a 10-hour break is obtained by all crew working on the event.

 

25. In-House Audio Visual Systems:

If an in-house Audio Visual System is required to be used by Audio Visual Events Ltd for the hirers event, Audio Visual Events Ltd takes no responsibility for the in-house Audio Visual System, unless the in-house Audio Visual System has been installed by Audio Visual Events Ltd, the quality of the picture, sound quality or any other part of the system, The hirer is solely responsible for the in-house Audio Visual System and agree to indemnify Audio Visual Event Ltd against any claims or actions brought against us due to the failure of the in-house Audio Visual System or quality of the in-house Audio Visual System.

 

26. Labour Charges:

Audio Visual Events Ltd endeavors to accurately estimate labour on each estimate that is provided to the hirer. Audio Visual Events Ltd reserves the right, at the conclusion of the event, to review and revise the labour that was required to complete the event and will accurately reflect it on the final estimate and invoice. An outside ordinary hours labour surcharge will apply for any labour required before 7am and after 10pm at 1.5 times the standard labour rate.

 

27. Unused Equipment:

The Owner reserves the right, at the conclusion of the event, to review and revise the equipment taken onsite for purposes of making the event function, all equipment that was requested by the hirer during the event brief, and all other communications regarding the event, but may not be used during the event, the final estimate and invoice will accurately reflect all equipment onsite.

 

28. Health and Safety:

Audio Visual Events Ltd takes safety very seriously. Audio Visual Events Ltd reserves the right to suspend of cancel any services or equipment, if the hirer or one of the hirers third parties, or the venue breaches our Health and Safety Policies or any applicable Work Health and Safety Standards.

 

29. Air or Sea Travel Cancellations:

In the case of a delayed or cancelled air flight or ferry crossing, Audio Visual Events Ltd reserves the right to on charge to the hirer, any cost incurred in the rebooking of flights, ferry, or accommodation, and any other costs that may be incurred due to the delay or cancellation. The hirer also agrees to indemnify Audio Visual Events Ltd from any loss, of any kind, that the Hirer may incur due to the delay and/or cancellation of air travel or ferry crossing.

 

30. Road Travel Closures:

In the case of a road closure, i.e. weather, accident, natural disaster, Audio Visual Events Ltd reserves the right to on charge to the hirer, any cost incurred due to the road closure, i.e. alternative means of transportation of equipment to the event site, or contracting of another events production company to supply suitable replacement equipment, or any other costs that may be incurred due to the road closure, i.e. accommodation, flights etc. The hirer also agrees to indemnify Audio Visual Events Ltd from any loss, of any kind, the Hirer may incur due to the closure.

 

31. General:

Audio Visual Events Ltd reserves the right to update these Terms and Conditions at any time without notice.