(“Composite Pictures Ltd”)
TERMS AND CONDITIONS
1.1 All equipment is hired strictly on the basis of the terms and conditions listed in this agreement and take precedence over any terms offered by the customer. If any provision of this agreement is or become invalid that provision shall be deleted and the agreement will be interpreted without reference to that provision. The hirer will comply with all relevant laws and regulations.
1.2 By hiring from Composite Pictures Ltd the hirer will have deemed to have accepted all the terms and conditions of this agreement without qualification and will be bound by them in respect of each and every hiring transaction between COMPOSITE PICTURES LTD and the hirer. COMPOSITE PICTURES LTD reserves the right to charge a cancellation fee of up to 100% of the rental otherwise chargeable for cancellation of confirmed booking.
1.3 The hirer shall not assign, transfer or sublet their rights under the agreement and will not pledge, mortgage or encumber the equipment under this agreement.
2.1 Once a contract has been accepted no cancellation, addition, reduction, amendment or variation of any kind may be made without the written consent of COMPOSITE PICTURES LTD .
3 QUOTATIONS – VALIDITY
3.1 All quotations must be in writing to be valid.
3.2 COMPOSITE PICTURES LTD quotation shall be valid for a period of 10 working days unless otherwise stated. The quotation is subject to confirmation by COMPOSITE PICTURES LTD at the time of acceptance.
3.3 COMPOSITE PICTURES LTD quotation shall be deemed to interpret correctly the Customer’s requirements and variations in costs, duties or subsequent alterations to these specifications shall be to the Customer’s account.
3.4 Quotations are subject to correction by COMPOSITE PICTURES LTD or omissions and typing errors.
4.1 Unless otherwise agreed in writing, the price to be paid for the goods and services supplied is the price current at the date of delivery.
4.2 Prices, unless otherwise stated, do not included taxes, GST, import duties or other levies or tariffs. Freight or insurance charges incurred after the quotation shall be to the Customer’s account.
4.3 COMPOSITE PICTURES LTD reserves the right to amend any price at any time without prior notice.
5.1 The date of deliver shall be the date upon which the goods are available for dispatch or collection of COMPOSITE PICTURES LTD’s premises.
5.2 Unless otherwise agreed in writing the point of delivery will be the COMPOSITE PICTURES LTD ’s premises.
5.3 In the event that COMPOSITE PICTURES LTD is requested to arrange delivery to the Customer’s premises, COMPOSITE PICTURES LTD will do so on behalf of the Customer and shall not be liable in any way to the Customer in respect of such delivery.
5.4 The Customer shall be solely responsible for all costs and charges of storage, detection and similar contingencies, which may arise out of delays caused by the non-availability of transport services.
5.5 The hirer acknowledges receipt of equipment in good working order and good condition. The company will not be responsible for incomplete kits or incorrect functioning of equipment. It is the responsibility of the hirer to check the functioning and adequacy of a particular piece of equipment for the task required of it.
6 RISK AND INSURANCE
6.1 The hirer accepts responsibility for the care and safekeeping of the equipment from the time the equipment is picked up to the time it is returned to the Company’s premises in Queenstown. The Company accepts normal fair wear and tear of the equipment but any damage is the responsibility of the hirer. If the Company agrees to deliver or pick up the equipment from the hirer, the hirer will be liable under clause 5 as if it had uplifted and returned the equipment itself.
6.2 The Company shall be entitled to demand and recover from the hirer any losses (including all costs of recovery and other costs) incurred by the Company in respect of loss or damage to the equipment howsoever arising except to the extent of any cover provided by and insurance held. The Company on being reimbursed by any insurance it holds shall offset the amount owed or refunded an amount equivalent to the amount paid by the insurance company to the hirer. The hirer will remain liable for any balance of loss. Notwithstanding any insurance cover in respect of the equipment the hirer shall remain liable under the provisions of this Agreement and be liable to pay rental for the equipment at the rate applicable for the period of hire until the equipment lost or damaged is replace or repaired as the case may be.
6.3 Any loss of or damage to the equipment shall be forthwith notified to the Company and the hirer will at the request of the Company take any step reasonably required of them including making any reports to the Company, its insurer, the Police or appropriate authorities concerning the Company’s property.
6.4 The hirer acknowledges that failure to comply with the conditions specified in the terms of Agreement or in the instruction manual for the proper use and handling of the equipment will in most cases void the cover. The hirer agrees that all equipment shall be operated by trained technicians under conditions for which it was designed.
6.5 The hirer acknowledges that any excess deducted from the insurance payout will not be credited or deducted from the hirer.
6.6 At the expiry of the hire period the hirer shall return to the Company the property in good working order and condition. The hirer must inform the Company of any damage or defect arising during the hiring or any incident that occurred during the hiring likely to cause such defect or damage to arise in the future. Where a component is deemed by Composite Pictures Ltd to be damaged to the point of being unservicable, the component will be charged for at full market rate including freight, taxes and duties.
6.7 Return of equipment in a dirty or improperly packaged condition will attract a 10% surcharge at the discretion of the Company.
7.1 The hirer acknowledges that the property is specialised equipment and that the persons using the property are properly trained and skilled with that type of equipment. The hirer will not attempt to adjust or repair the equipment except where it is necessary for proper and normal use.
7.2 The hirer must take reasonable care for the safety and equipment of the equipment and protect it from all climatic and atmospheric conditions such as wind, dust, water, snow and extreme temperatures.
8 FAULTY EQUIPMENT OR NOT SUITABLE FOR PURPOSE
8.1 The Company makes no warranties or representations in respect of the equipment except to the extent implied by statute. The hirer accepts the equipment relying on their own knowledge and opinion of the equipment.
8.2 If there is a fault with the equipment which requires repairs the hirer will in every case forthwith advise the Company. If the hirer attempts an unauthorised repair or adjustment the hirer will void the insurance held by the Company and will therefore be responsible for the cost of repairing the equipment plus the applicable rental until such time as the equipment is returned to the Company in good working order.
9 LIMITATION OF LIABILITY – IMPORTANT
9.1 The hirer acknowledges that supply under this contract is a supply for business purposes in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 (“Act”) and accordingly, subject to clause 16 of the provisions of the Act do not apply to any supply made pursuant to this contract.
9.2 The hirer agrees and acknowledges that in no event will the Company be liable for any property damage, personal injury, direct or consequential loss or damage incurred by the hirer or a third party whether due to defective goods and/or as a result of negligence or otherwise by the Company or its servants or agents but in any event the liability of the Company will NOT EXCEED THE PURCHASE PRICE paid by the hirer for the goods or services.
10.1 The Company may at its option as a pre-requisite to making delivery require:
10.1.1 Payment in advance; or
10.1.2 Guarantee of payment; or
10.1.3 A deposit or a letter of credit.
10.2 The price and all other monies will be paid to the Company by the 20th of the month following the date of the invoice. If payment is not received by the due date the Company reserves the right to charge interest on any outstanding amount at 2.5% per month calculated daily.
10.3 Cheques will not be credited until cleared.
10.4 Any money received by the Company will be applied to the hirer’s account as the Company sees fit. Accepting part payment is without prejudice to other remedies which may be available to the Company.
In the event of the Customer breaching the terms of sale or if any event or happening occurs which Composite Pictures Ltd reasonably believes may affect the ability of the Customer to comply with such terms including the payment of all moneys owing by the Customer to Composite Pictures Ltd, then upon notice from Composite Pictures Ltd all moneys become immediately due and payable. Composite Pictures Ltd has the right to cancel the contract or any part thereof so far as it remains unperformed without prejudice to its rights against the Customer for any damages or consequential loss.
12 RECOVERY OF EQUIPMENT OR PAYMENT
12.1 The hirer is liable to pay the Company all costs of recovery, including costs on a solicitor/client basis, of any equipment or any outstanding invoice.
12.2 The hirer authorises the Company to make any enquiries in relation to credit and retain any information in relation to the credit worthiness of the Company and the hirer consents to the disclosure of credit information about the hirer to the Company from any source.
12.3 Failure to pay rental by the due date may result in further deliveries being stopped until accounts have been settled and if required an upfront payment for the next hire period. The Company also reserves the right to request from the hirer such guarantee or security as it make think desirable to secure to the Company all sums due to the hirer.
12.4 The hirer may not set off against the rental payable any claims which the hirer may have against the Company. The Company may accept and apply payments from the hirer in respect of any indebtedness and the Company will not be bound by the conditions or qualifications attached to any payment by the hirer.
12.5 At no time does title in the goods pass to the hirer. The hirer will allow the client to inspect the equipment or any part of them at reasonable times. The hirer must not change its name, address or contact details without providing the Company with notice of such change. ‘
12.6 The liability of the Company is limited to the lesser of:
12.6.1 The price of or hire charge (as the case may be) of the relevant equipment; or
12.6.2 The cost of repairing or replacing defective equipment; or
12.6.3 The actual loss or damage suffered by the hirer.