hire terms + conditions
DISCLAIMER
These conditions of hire apply to all hires by Lowercase Furniture Design Ltd to each Customer, unless the Customer is otherwise notified in writing. No variation or cancellation of any of these Conditions of hire will be binding on Lowercase Furniture Design Ltd unless agreed to by a responsible officer of the Company in writing.
By choosing to hire our furniture, you engage in our service and agree to be bound by the following terms and conditions.
1. QUOTATION
Unless otherwise stated in writing, the Lowercase Furniture Design Ltd’s quotation will be valid for a period of up to 30 days from date of issue.
The amount quoted is for one use of the Equipment for the hire period only. The Customer 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 Customer.
2. DEPOSIT & PAYMENT TERMS
The Customer must pay a non-refundable 20% deposit immediately upon confirmation to authorise Lowercase Furniture Design Ltd to proceed with the official order. Full payment of the order is due 14 days prior to the event. Upon payment of the deposit, the Customer will have been deemed to have accepted the Terms and Conditions of Hire. The 20% deposit is non-refundable and non-transferable.
The Customer invoiced is liable for all payments and additional damages incurred by Lowercase Furniture Design Ltd. If the Customer is enquiring and booking on behalf of another person, they accept full liability on behalf of the third party and all associated charges.
Lowercase Furniture Design Ltd has the right to cancel a booking if a full payment is not received at least 14 days prior to the delivery/pick up date.
It is the Customers responsibility to ensure that all details and items on the issued invoice are correct, including all subsequent invoices issued if changes are made. Lowercase Furniture Design Ltd does not accept responsibility for incorrect items sent if they are stated on the invoice and paid for by the client.
Payments may be made by bank transfer or credit card (payment with credit card will incur a surcharge of 2%)
3. SECURITY BOND
In addition to the Price, we require payment of a Bond equating to 20% of the hire total, payable at the same time as the full payment. The Bond will be refunded to you within 7 working days of the Equipment being returned to us in satisfactory condition.
4. CANCELLATION OF ORDERS
Cancellations that are made more than 30 days from delivery will receive a refund of any funds remitted, excluding the booking deposit. Cancelled bookings within 30 days of the event date incur a 100% cancellation fee (excluding delivery and labour costs) due to loss of opportunity. If the booking is postponed on more than one occasion, a full cancellation fee will apply.
5. CONSUMER GUARANTEES ACT
If you are a consumer (as defined in the CGA) these Terms do not limit or exclude any rights you have under the CGA in respect of the Equipment and/or Services. Where you are acquiring our Equipment and/or Services in trade, you agree to contract out of the CGA so that the CGA will not apply and you agree that it is fair and reasonable that such provisions are contracted out of.
6. USE OF EQUIPMENT
All Equipment supplied on hire is the property of Lowercase Furniture Design Ltd and remains so throughout the hire period. The Customer will be responsible for the Equipment until it is returned to the Company, and shall maintain the Equipment in good condition, reasonable wear and tear excepted. The Customer warrants that the Equipment will be returned in good working order to Lowercase Furniture Design Ltd. Lowercase Furniture Design Ltd makes no representation as to the suitability of the Equipment for a particular need or event, and it is the Customer's responsibility to make that judgement on their own behalf. Lowercase Furniture Design Ltd reserves the right to assess the site upon delivery and judge whether item(s) should be left at the location to avoid any loss or damages.
7. ADDITIONAL EQUIPMENT
If after commencement of hire, any specification changes are requested, the cost of such changes will be borne by the Customer.
8. HIRE PERIOD
The hire is for one to three (1-3) days from the time of delivery, unless agreed upon mutually in writing by both parties. Failure to return the equipment or inability for our drivers to access the equipment for pick up will incur a daily charge for the equipment for any days beyond the agreed hire period. Any additional charges incurred may be charged to a credit card or invoiced. If the Customer fails to return the equipment, the Customer gives us permission to enter the premises of where the Equipment is held to collect the Equipment.
9. EXTENDED HIRE
The Customer must return all Equipment when it is due back. A continuing hire fee for all Equipment not returned to the Lowercase Furniture Design Ltd when it is due back will be charged to the Customer, at the standard daily rate of hire or hire period, until the Equipment has been returned. The Customer shall give appropriate notice in writing to the Company if any extension or termination of the hire is requested. No refunds will be issued for the early return of Equipment on extended hire.
10. DELIVERY, COLLECTION AND LABOUR FEES
Lowercase Furniture Design Ltd makes no representation that Equipment will be available to meet every order. Availability of Equipment to meet each order is subject to the timing of that order. Every endeavour will be made to complete delivery within the period stated but no liability can be accepted in the event of a delayed or cancelled delivery due to unforeseen circumstances of natural causes. Unless otherwise stated, the Company will not refund an order due to an unavoidable late delivery or non-delivery, nor shall it be liable for consequential damages of any kind arising out of late delivery or non-delivery.
Where it has been agreed between the Company and the Customer that Equipment is to be delivered to an address specified by the Customer, the same equipment must be available to be picked up at the specified date, at the same address on the last day of the hire period – unless otherwise agreed to in writing. If the Customer has picked up the Equipment from the premises of the Company, all Equipment hired must be returned to those premises by the agreed time on the last day of the hire period. In the event that the Equipment cannot be returned by the arranged time on the last day of hire or has not been returned to the premises of the Company by close of business on the last day of hire, then the Company must be notified immediately. A late return may also incur an additional hire fee – see section 8. Extended Hire.
The delivery and collection fee are quoted at the time of booking, taking into account the number of items, labour and on road costs at the agreed time slot. If the number of items change, or the nature of the delivery changes, Lowercase Furniture Design Ltd has the right to review the delivery and labour fee. Additional fees apply for after-hours deliveries and pickups which are from 6pm - 8am, Saturdays, Sundays and on Public Holidays. The cost of Labour in the initial quote is deemed variable and may be subject to change. This includes but is not limited to; additional time and resources on site due to difficulty, safety and/or access or any other reasons beyond Lowercase Furniture Design Ltd’s control, which has not been advised by the Customer at the time of quoting or booking.
Delivery of all Equipment is at ground level only. Extra charges on top of the usual delivery charge may apply where the delivery of the Equipment is more than 20 metres away from where our vehicle can park. Extra charges may also apply for stairs, steep descents and going up levels in buildings. The Customer is responsible for advising via email if the delivery has any of these conditions. Failure to do so may result in extra charges.
Upon delivery, collection or return of the Equipment to Lowercase Furniture Design Ltd, the Customer must check the Equipment and quantities delivered (or returned). If there are any discrepancies between the Equipment delivered and the quoted order or return docket, the Customer must note them at the time of delivery, collection or return by amending the relevant documents in the presence of a Company representative.
The Customer is required to ensure all Equipment is packed as it was supplied and is safe for transit, in the original boxes, crates, bags, road cases and are placed in one central area, ready for collection. In the event the Equipment is not ready for collection, and additional time is required on site, additional fees will apply.
The Customer must ensure Lowercase Furniture Design Ltd has full access to its premises and the premises remains a safe working environment when the Company delivers Equipment to, or collects Equipment from, the Customer’s address. If the premises are subject to access restrictions the Customer will be liable for reasonable associated costs incurred by Lowercase Furniture Design Ltd for:
(a) inductions on site or time taken to complete induction and/or health and safety checks; and
(b) site access issues including but not limited to:
(i) The Company being unable to use working lifts;
(ii) delay on site that exceeds 1 hour, or the Company being unable to complete the installation / collection and having to re-enter the premises on another day to complete the installation and collection (such date to be advised by Lowercase Furniture Design Ltd), or any other reasons that are beyond the Company’s control
(iii) parking fines due to not being able to park vehicles at a loading bay.
If Lowercase Furniture Design Ltd arrives at the premises but is unable to complete the installation or collection due to reasons beyond our control, the Customer shall pay the Company reasonable costs to re-enter the premises on another day for installation or collection.
11. DRY HIRE
Pickup is available from our warehouse in Te Atatu South, Auckland 0610, Monday–Friday between 10am–4pm based on the agreed date at the time of booking. It is the responsibility of the Customer to organise appropriate labour to load, in the event Lowercase Furniture Design Ltd resources are required to load, additional fees may apply. Please note all Equipment must be transported in a closed vehicle (i.e., truck or van) with all necessary blankets, straps and ties. Utes and/or trailers will not be accepted.
All Equipment hired must be returned to Lowercase Furniture Design Ltd on the return date as stated on the invoice. In the event that the Equipment is not returned by the close of business on the last day of hire, Lowercase Furniture Design Ltd must be notified immediately and reserves the right to charge an additional hire fee.
12. MISUSE OF EQUIPMENT
Lowercase Furniture Design Ltd will not be liable for any loss or damages arising out of the overloading, exceeding rated capacity, misuse, or abuse of the Equipment by the Customer and the Customer agrees to keep the Company indemnified in respect thereof. The Customer accepts full responsibility for the Equipment once they take possession of the Equipment. The Customer is liable for the replacement or repair cost of any Equipment that is stolen, missing, vandalised or broken.
The Customer acknowledges that they have received adequate instruction on the correct use of the Equipment, which includes demonstration or verbal or written instructions.
13. SECURITY
The Customer is responsible for the security of the Equipment until such time as it is returned to or collected by Lowercase Furniture Design Ltd. In the event of the Equipment being stolen from the event site, the Customer must notify the Company in writing, stating the full circumstances of the theft and the time the police were notified. The Customer must also indemnify the Company for any such loss of the Equipment at the current replacement cost of the Equipment and must pay that cost to the Company on demand.
14. LOSS AND DAMAGES
Lowercase Furniture Design Ltd must be notified immediately of any Equipment lost or damaged during the hire period. The Customer indemnifies the Company in respect of all such loss. The Customer must pay on demand to Lowercase Furniture Design Ltd the following amounts:
i. If the Equipment is lost, the Customer must pay to the Company the current replacement cost of the Equipment;
ii. If the Equipment is damaged, the Customer must pay for all repairs;
The Customer agrees to pay full replacement costs for any Equipment lost, stolen or considered by Lowercase Furniture Design Ltd as being irreparably damaged. Such payment shall be made by the Customer within 7 days of such loss or damage coming to the attention of the Company.
15. NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
Lowercase Furniture Design Ltd shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, however caused, for any damage, injury or loss, whether arising under breach of contract, negligence (commission, omission or advice), and strict liability or otherwise. All warranties by the Company to the Customer are excluded, to the full extent permitted by law. The liability of the Company resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the Equipment to the Customer or the repair of the Equipment supplied to the Customer.
The Company will not be liable for any damages caused by its Equipment, this includes but is not limited to walls, floors, doors, windows, stairs, furniture, fixtures, fittings, artworks and landscaping. In the event the site is not clear to receive The Company’s Equipment and The Company (or its Contractors) move existing furniture, The Company is not liable for any damage caused.
16. FORCE MAJEURE
For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including, but not limited to, acts of God, war, fire, explosion, civil disobedience, legislation not in force at the date of this Agreement or labour disputes. Lowercase Furniture Design Ltd will not be liable for the consequences of any circumstance reasonably beyond the Company’s control which affects its obligations under this Agreement.
17. SAFETY
Lowercase Furniture Design Ltd adheres to the Health and Safety at Work Act 2015. The Customer is to ensure adequate safety measures are adopted when necessary. The Customer will make any inspections to ensure that there are no breaches of safety requirements at the site whether imposed by authority or otherwise; and that all works are performed according to relevant safety codes, standards and manufacturer's specifications; and that there are no alterations or modifications to any Equipment made by any person other than an employee of Lowercase Furniture Design Ltd.
18. GOODS & SERVICES TAX (GST)
Where applicable the Customer will be charged in accordance with current New Zealand legislation.
19. GOVERNING LAWS AND VENUE
These Terms are governed by New Zealand law and are subject to the non-exclusive jurisdiction of the courts of New Zealand.
20. MISCELLANEOUS
Lowercase Furniture Design Ltd reserves the right to take photos at event locations utilising the Company's Equipment. Photos are taken with a focus on the Equipment and are selected with due care to exclude recognisable private property and persons. Photos may be used in publications or other media produced, used, or contracted by the Company.
21. AGREEMENT
The Customer agrees and accepts full responsibility for the following conditions:
a) Through the period of hire to maintain the Equipment (including packaging and road cases) and to return Products in the same conditions as it was when the Customer first took possession
b) To be responsible for all damage to Equipment caused by the weather including but not limited to rain, hail and wind
c) To pay all charges promptly in accordance with the terms set out herein irrespective that no demand shall have been made by the Company
d) To return all Equipment promptly to Lowercase Furniture Design Ltd at the end of the hire period, without any requirement by the Company to make demand in relation thereto
e) To permit (and obtain permission) for Lowercase Furniture Design Ltd and any of its officers, servants and agents to enter the premises where the Equipment may be located and (without prejudice to any other claims or rights as the Company may have to damages of otherwise) to inspect the Company’s Equipment or to merit the repossession by the Company of the Equipment if the Company determines that any breach of the terms or conditions of the hire has been committed
f) All expenses, costs or disbursements incurred by Lowercase Furniture Design Ltd in recovering any outstanding monies, including debt collection fees and Solicitor costs, shall be paid by The Customer.
g) Where Lowercase Furniture Design Ltd agrees by special arrangement to deliver Equipment to a person (whether or not an officer, servant or agent of the Customer and whosoever identified), nominated by the Customer, that person shall be deemed to be the authorised agent of the Customer for all purposes of the contract and be bound by these terms and conditions without releasing the Customer named herein from being personally liable hereunder
h) To be responsible for all loss or damage whatsoever or howsoever caused to any person or property in relation to the Equipment or the use thereof and without limiting that responsibility, the Customer shall be liable to affect public risk insurance in relation to the Equipment for the duration of the period of hire
i) Acknowledge that repairs of damaged Equipment will not be undertaken without the written authority of Lowercase Furniture Design Ltd
j) All missing Equipment or those damaged beyond repair will be paid for at current retail value.
22. INTERPRETATION
"Company" means Lowercase Furniture Design Ltd
"Customer" means the person/s or person’s company to whom the Tax Invoice is addressed and shall include their legal representative, administrators, and successors and or permitted assignees.
"Equipment" means the items hired by the Customer from the Company