Terms and Conditions

Terms and Conditions

Defined terms

 

  1. In this document:

Contract means the agreement between you and us on the terms of the Quote and these Terms and Conditions.

Stretch Tent means the stretch tent(s) specified in the Quote

Quote means the particulars of the equipment, hire period and charges proposed by us and accepted by you.

Terms and Conditions means this document.

You and your means the party named as ‘Customer’ in the Quote.

We, us and our means Flexitenz Ltd.

 

  1. Terms use in bold in the Quote, when used in these Terms and Conditions have the meaning or value given to that term in the Quote.

 

Contract

 

  1. There is no Contract with us until:
    1. you have signed and returned a copy of the Quote;
    2. paid the Deposit; and
    3. received confirmation of the booking from us.

 

  1. The date of the Contract is the date of the booking confirmation from us referred to in clause c above.

 

  1. If we are unable to confirm your booking within 5 days after receipt from you of the items in clause 3 above, we must immediately return your Deposit.

 

  1. The Contract contains the entire agreement between you and us. You acknowledge that in entering into the Contract you have not relied on any verbal or representations from us that are not specifically included in the Special Conditions set out in the Quote.

 

  1. Despite the terms of the Quote, if the specific sizes of the Stretch Tent quoted for is not available on the Setup Date, we can substitute a Stretch Tent of the next available larger size at the same Hire Charge.

 

  1. We can only reduce the size of the Stretch Tent with your prior agreement and subject to the appropriate reduction in the Hire Charge.

 

Payment

 

  1. The Second Deposit (if any) must be paid on or before the date specified for payment in the Quote. If the Second Deposit is not paid by the due date, we can give you a notice at any time after the due date demanding payment within 7 days.

 

  1. The full Hire Charge less the Deposit and the Second Deposit (Balance) must be paid within 14 days before the Setup Date. If the Balance is not paid by the due date, we can give you a notice at any time after the due date demanding payment of the Balance within 7 days.

 

  1. If you do not pay the Second Deposit or the Balance within the time stipulated in the relevant notice from us, we may terminate the Contract and you must pay us the Cancellation Fee determined in accordance with clause 13 as if you had cancelled the Contract on the last day for payment under the relevant notice from us.

 

  1. If you do not pay any amounts due under this Contract on the due date, you must pay us interest on that payment for each day that the payment is late on the overdue amount on demand. Interest is payable at an annual rate of 4% above our bank’s published minimum lending rate for business overdrafts up to $100,000 specified on the day the payment was due and accrues daily, compounding monthly.

 

Cancellation

 

  1. You may cancel the Contract by notice to us and payment of the relevant cancellation fee as follows:

 

Notice Period Cancellation Fee
More than 28 days 20%
7 to 28 days 50%
Less than 7 days 70%

 

 

  1. Notice Period referred to in clause 13 means the period between the date on which we receive the notice and the Setup Date.

 

  1. Cancelation Fee referred to in clause 13 means the relevant percentage of the Hire Charge.

 

  1. If you terminate the Contract under this clause 13, we will deduct the Cancellation Fee and Building Consent Fees (if any) from the Deposit and or Second Deposit and return any balance to you. If the Deposit or Second Deposit is insufficient to pay the Cancellation Fee you must pay the balance on demand.

 

Site condition

 

  1. If the Quote specifies that we have inspected the Site, Site Problem means a latent problem with the Site layout or ground that we could not reasonably have been expected ascertain on inspection or changes to the Site occurring after the date of inspection.

 

  1. If the Quote specifies that we have not inspected the Site, Site Problem means that the Site materially differs from the description and plan provided by you in relation to the Quote.

 

  1. If, after the date of the Quote, we discover that there are Site Problems, then we may increase the Hire Charge to cover any extra cost to us of dealing with the Site Problems.

 

  1. If we become aware of any Site Problems before the Setup Date, we will promptly give you notice of any increase in the Hire Charges.

 

  1. If you don’t want to pay the increased Hire Charges, you can terminate the Contract under clause 13 and the Cancellation Fee will be based on the Hire Charges.

 

  1. If you do not terminate the Contract under clause 21 above, you must pay the increased Hire Charges on the later of the due date for payment of the Balance or within 7 days of demand.

 

  1. The Site plan provided by you must identify the location of any cables or pipes (such as power cables and sewage pipes) (Conduits) under the Site. Unless the location of any Conduits is accurately identified on the plan, we are not liable for and you must indemnify us against any liability for loss or damage caused to any Conduit by the 1.2m pegs inserted by us in the ground to secure the Stretch Tent.

 

  1. We are not responsible for making good any damage to the Site caused solely by the erection or removal of the Hire Equipment.

 

  1. We will use reasonable endeavours to set up the Stretch Tent in the location and with the orientation noted by you on the Site Plan. If no Site Plan is provided, or if you are not on Site on the Setup Date to direct us on your preferred location and orientation, we will set up the Stretch Tent in the location and with the orientation that we think best suits the Site and intended purpose.

 

Loss or damage

 

  1. Promptly after the Hire Equipment is delivered to and set up on Site, we will give you Delivery Confirmation List which we will verify with you by inspection and, once agreed to by you, you must sign to confirm receipt of the Hired Equipment (Delivered Equipment).

 

  1. You are responsible for the care and safety of the Delivered Equipment during the Period of Hire.

 

  1. Subject to clause 29, if any of the Hired Equipment is stolen, lost, damaged (including excessive soiling) or destroyed during the Period of Hire, you will be liable to us and must indemnify us for the cost of repair or replacement.

 

  1. If the Quote includes provision of a security guard by us for the duration of the Hire Period, we will take the risk of theft of any Delivered Equipment.

 

Your responsibilities

 

  1. For safety reasons you must not enter the Site while the Hire Equipment is being delivered or erected.

 

  1. You must allow our crew unrestricted access to the Site on the Setup Date and Dismantle Date for the periods required to setup and dismantle the Stretch Tent and supply Site Access passes.

 

  1. If required by us, you must allow one or more representatives nominated by us to remain in attendance on Site during the Hire period.

 

  1. You must, at our request, allow a designated crew member to attend the function to maintain the hire equipment.

 

  1. You must not alter, adjust or do anything to the rigging of the Stretch Tent.

 

  1. You must not attach anything to the Stretch Tent or the rigging, including signs, lighting or decorations without our prior written consent.

 

  1. You must not use any lighting, heating, fire, cooking equipment or any gas or electrical appliance inside or close to the Stretch Tent without our prior written approval.

 

  1. If the Hire Equipment includes lighting, you must provide an RCD protected single phase 240V 15amp power supply within 30m of the Site.

 

Risk and exclusion of liability

 

  1. We will use reasonable endeavours to deliver and erect the Hire Equipment on the Setup Date.
  2. We are not liable for and you release us from any claim, loss or damages arising from our inability to deliver and erect the Hired Equipment on or before the Setup Date due to adverse weather conditions or other force majeure event beyond our reasonable control.

 

  1. If the forecast for weather conditions during the Hire Period is such that the Hire Equipment could be at risk of damage or Flexitenz will breach the windspeed conditions of the Building Consent we may, in our absolute discretion terminate the Contract by notice to you given as soon as practical after we become aware of the risk.

 

  1. If we are unable to perform our obligations under this Contract in any circumstances envisaged in clauses 39 and 40 above, you will be liable to us for the costs incurred by us under the Contract up to the date of termination but not for the Hire Charges otherwise payable for the Hire Period.

 

  1. If, after erection of the Stretch Tent, we become aware of adverse weather conditions that may put the Stretch Tent at risk and/or will breach the conditions of the Building consent we may dismantle the Stretch Tent.

 

  1. If having dismantled the Stretch Tent in circumstances envisaged in clause 42, the weather improves for the rest of the Hire Period, we will, at your cost erect the Stretch Tent again. That cost will be based on the rigging charge and depends on Stretch Tent size and configuration.

 

  1. You use and occupy the Hire Equipment at your own risk and release us from any liability for loss or damage to property or death or injury of any person resulting from that use or occupation during the Hire Period except to the extent caused by our negligence.

 

  1. You release us from any liability for damage to the Site or property on the Site caused by us in the performance of our obligations under this contract except to the extent caused by our negligence or default.

 

Notices

 

  1. Any notice, approval or agreement under this Conditions must be in writing (Notice).

 

  1. A Notice may be given by hand delivery, post, or email. If sent by post, the Notice is deemed to be delivered on the date 3 business days after the date of the post mark.  If sent by email, a Notice is only received if the recipient acknowledges receipt by return email (an automated receipt reply is not acceptable).