TERMS AND CONDITIONS
YOUR CONTRACT WITH HW EVENTS LIMITED,trading as
UTTERLY MARQUEE + EVENT HIRE.
WHEN BOOKING WITH UTTERLY MARQUEE + EVENT HIRE, THIS CONTRACT IS BINDING AND YOU AGREE TO ALL TERMS WITHIN THE CONTRACT.
• Hire age of items from HW EVENTS LTD begin from time of departure from the HW EVENTS LTD premises and end when the goods are returned to the HW EVENTS LTD premises. In this time, the client is responsible for all goods hired.
• The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
• There will be no allowance made whatsoever for time during which the Goods are not in use for any reason, unless prior arrangements have been negotiated and are in writing. In the event of any defect of, or damage to, the Goods (and provided the Client notifies HW EVENTS LTD immediately, not at time of return), Charges will not be payable during the time the Goods are not usable, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
• All deposits are final and will not be refunded.
YOUR RESPONSIBILITY AS THE CLIENT.
• The Client shall:
(a) satisfy itself at commencement that the Goods are suitable for its purposes. Any defect will be noted and signed before the HW EVENTS goods are left at premises.
(b) at all times, keep the goods within their control, not assign the benefit of this Agreement nor be entitled to lien over the Goods, and shall not take the Goods outside of New Zealand.
(c) not fix any of the Goods in such a manner as to make it legally a fixture forming part of any freehold.
(d) ensure that all persons assembling or disassembling the Goods are suitably instructed.
(e) only use the Goods in suitable weather conditions, where there are no heavy winds or weather warnings. HW EVENTS LTD reserve the right to cancel an order in extreme weather conditions where it is deemed unsafe.
(f) be fully responsible for ensuring that the ground on which the Goods will be assembled is level, stable, dry, clear of sharp or damaging objects, will not cause any damage to the Goods, and is not prone to flooding.
(g) ensure that the Goods are a safe distance from other obstructions such as trees, which may damage the Goods or the waterproofing of the Goods by contact and/or rubbing.
(h) use the Goods properly, safely, and as intended, including using all ground sheets, guy ropes, poles, zips and any other safety structures.
(i) maintain and return the Goods dry, clean, empty (where applicable), and in the same state as when received by the Client.
In the event the Goods are lost, not returned, damaged, or unclean in any way, then cleaning, repair and/or replacement charges may apply in the amount that HW EVENTS LTD reasonably determines. These are to be paid immediately when invoiced.
(j) ensure the Goods remains free from unauthorised access, use or other interference by any third party or otherwise.
(k) ensure that the Goods will only be used by the number of occupants/users disclosed in email correspondence and accepted by HW EVENTS LTD.
(l) not alter or make any additions to the Goods including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Goods or in any other manner interfere with the Goods.
(m) not exceed the recommended or legal load and capacity limits of the Goods.
(n) not use or carry any illegal, prohibited or dangerous substance in or on the Goods.
(o) not use naked flames, gas fires, gas appliances, heaters or other hot things in or around the Goods.
(p) not use cooking or other gas appliances of any kind inside or around the Goods.
(q) not use aerosols and chemicals, including hairspray and insect repellent, inside or near the Goods. These substances will damage the Good’s waterproofing.
(R) notify HW EVENTS LTD immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Goods by giving such notification.
(S) identify and hold harmless HW EVENTS LTD in respect of all claims arising out of the Client’s use of the Goods.
(T) HW EVENTS LTD take no responsibility or liability for any accident, incident or damage of persons or property while event hire is in use by client and outside of the HW EVENTS premises. We cover no liability by insurance while marquee or event hire is outside of and not in possession by HW EVENTS LTD.
That is the responsibility and liability of the client and all necessary insurances should be taken out by the hiree.
Immediately on request by HW EVENTS LTD the Client will pay:
(a) the new list price of any Goods that is for whatever reason destroyed, written off or not returned to HW EVENTS LTD.
(b) all costs incurred in cleaning the Goods.
(c) all costs of repairing any damage caused by the ordinary use of the Goods up to an amount equal to ten per cent (10%) of the new list price of the Goods.
(d) the cost of repairing any damage to the Goods caused by the negligence of the Client or the Client’s agent.
(e) the cost of repairing any damage to the Goods caused by vandalism, or (in HW Events Ltd’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Goods by the Client.
(f) any lost hire fees HW EVENTS LTD would have otherwise been entitled to for the Goods, under this Agreement, or any other hire agreement.
ASSEMBLY AND/OR DISASSEMBLY BY HW EVENTS LTD
These terms and conditions shall be applicable where HW EVENTS assembles and/or disassembles the Goods:
The Client will be responsible for:
(a) ensuring that there is adequate access, time and space for set-up, delivery, pack- up, pick-up and that the designated area is safe and free of obstructions or hazards; and that ground is flat and level when a marquee is being used.
(b) ensuring that the appropriate permissions to use the site, and install and remove the Goods, are granted, and informing any site owner or council of the potential property disturbance which may arise from the Goods or the setup thereof;
(c) locating, marking and protecting any underground utilities, other surfaces and objects.
• HW EVENTS LTD will under no circumstances be held liable for damage to items left in, or around, the Goods.
• In the event of any delays due to free access being unavailable, the Client shall reimburse HW EVENTS LTD for all associated costs (including, but not limited to, lost hire fees and labour costs, which will be charged at reasonable, or at HW EVENTS LTD prevailing, rates.
It is always the responsibility of the land owner to obtain building consents and to ensure that the marquee complies with all temporary building and fire safety requirements under the NZBC. If the land owner is not the hirer of our equipment, then it is the hirer’s responsibility to obtain consent. If requested HW EVENTS LTD will arrange for this consents on your behalf – please consult us for consent fees. HW EVENTS LTD strongly recommends you understand and comply with all required laws and regulations relating to marquees, fire safety and functions and events. When hiring our equipment you will be deemed to have complied with such rules and regulations, even if we erect marquee(s) or other equipment on your behalf.
The “person in charge” (or the equipment hirer) of a function or event is responsible for ensuring the marquee remains code-compliant at all times. This includes ensuring all required safety equipment is present and that exit routes from the marquee are not obstructed.
The “person in charge” of a function or event is also responsible for ensuring the safe and legal use of all dangerous or hazardous goods. This includes the use of diesel, kerosene and LPG for heating and cooking appliances.
Sample Marquee Evacuation & Fire Safety Procedure
IF YOU DISCOVER A FIRE Operate the nearest fire alarm box (if applicable), and Telephone the fire service – Dial 111
WHEN YOU HEAR A FIRE ALARM Immediately vacate the marquee via you nearest exit. Assemble in area designed by the Event Organiser
Do not linger in the marquee or close to exits Do not return the marquee until the “all clear”
The client can cancel their order at any time but deposits will not be refunded. Orders and inventory numbers may be changed up until 60 days before the event date. If inventory numbers are deducted after the 60 days before event date, there will be no deduction of costs. The full costs of original invoice numbers will still be required for payment.
If the entire order is cancelled less than 60 days before the event for any reason, 100% of the invoice will still be required to be paid (unless during a government lockdown period and we will work with you to rebook)
Not paying, will result in legal action taken by HW EVENTS LTD to obtain the monies.
If your event is cancelled for any reason, and your invoice has been paid in full, it is final and non refundable.
HW EVENTS LTD reserves the absolute right to:
(a) cancel, terminate, or determine this Agreement;
(b) immediately repossess the Goods; at any time before or during the Contract Term, without reason, without prior notice, without payment of compensation and without prejudice to any other rights which HW EVENTS LTD may have against the Client. HW EVENTS LTD or its agents may enter any property, premises or vehicle where the Goods may be kept, for this purpose.
HW EVENTS LTD shall be entitled to cancel the Agreement if:
(a) HW EVENTS LTD reasonably believes that a third party may attempt to take possession of the Goods;
(b) the Goods are at risk.
The Goods is and will at all times remain the absolute property of HW EVENTS LTD, however the Client accepts full responsibility for:
(a) the safekeeping of the Goods and indemnifies HW EVENTS LTD for all loss, theft, or damage to the Goods howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client; and
(b) shall keep HW EVENTS LTD indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Goods during the Contract Term and whether or not arising from any negligence, failure or omission of the Client or any other persons.
Furthermore, the Client will insure, or self- insure, HW EVENTS LTD interest in the Goods against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Goods. Further the Client will not use the Goods nor permit it to be used in such a manner as would permit an insurer to decline any claim.
If the Client fails to return the Goods to HW EVENTS LTD then HW EVENTS LTD may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods is situated and take possession of the Goods, without being responsible for any damage thereby caused.
The Client is not authorised to pledge HW EVENTS LTD’s credit for repairs to the Goods or to create a lien over the Goods in respect of any repairs.
Personal Property Securities Act 1999 (“PPSA”)
8.1 To the extent that this Agreement does not exceed a twelve (12) month Contract Term, the Client acknowledges that nothing in this Agreement creates or provides for a security interest.
8.2 To the extent that this Agreement does exceed a twelve (12) month Contract Term, this agreement is the security agreement for the purposes of PPSA generally, and in particular Section 36.
BY HIRING WITH HW EVENTS LTD YOU AGREE TO ALL TERMS AND CONDITIONS IN THIS DOCUMENT AND THESE TERMS AND CONDITIONS ARE BINDING.