look sharp store - party hire terms & conditions

Look Sharp Store – Party Hire Terms and Conditions 

1 Definitions 

1.1 “CGA” means the Consumer Guarantees Act 1993. 

1.2 “Company” means Walond Limited trading as Look Sharp Store. 

1.3 “Customer” or “you” means the person or entity hiring the equipment and includes their employees and contractors. 

1.4 “Equipment” means all equipment (including accessories and parts) which you hire from the company. 

1.5 “Hire Period” means the period between the time and date specified on the booking form for collection/delivery of the equipment and the later of: 

(a) the time and date specified on the booking form for collection/return of the equipment; and 

(b) actual receipt of the equipment by the company. 

1.6 “Terms ” means these terms and conditions.

2 Charges 

2.1 Equipment is hired on a daily, weekly or monthly rate, as set out on the company’s website, which may be updated from time to time. The minimum hire period will be one day. 

2.2 The company may charge a delivery fee where equipment is to be delivered to the customer and this will be calculated according to the distance travelled and time spent. 

2.3 If equipment is not returned at the expiry of the hire period the company may charge the customer the appropriate daily rate for each day until the equipment is returned. 

2.4 If equipment has not been returned [5] working days after the expiry of the hire period the company will treat the equipment as lost and the customer will be liable for the full replacement cost of the equipment. 

2.5 The customer is responsible for any charges incurred by the company in connection with the exercise of any of its rights or remedies under these terms (including, without limitation, administration costs, professional cleaning costs, debt collection fees and legal fees). 

3 Bond 

3.1 The company may require the customer to pay a bond as security against damage or loss of equipment. 

3.2 The amount of the bond required will be determined by the company in its sole discretion. 3.3 The bond may be applied by the company to reimburse the company for: 

(a) any costs incurred by the company in repairing, replacing or cleaning any damaged, lost or soiled equipment; or

(b) any costs incurred pursuant to clause 2.5. 

3.4 The unused balance of the bond will be returned to the customer within 3 working days of the end of the hire period. 

3.5 The customer is liable for any costs incurred pursuant to clause 3.3 which are in excess of the bond held. 

4 General obligations of the Customer 

4.1 The customer is responsible for checking the equipment upon collection or delivery and must notify the company immediately if the equipment is faulty or damaged, or if items are missing. If no such notification is received the customer will be deemed to have confirmed the equipment as being fit for the customer’s purposes. 

4.2 The customer shall: 

(a) satisfy themselves that the equipment is suitable for their intended use and that they are competent to use the equipment for its intended purpose; and 

(b) take reasonable care of the equipment at all times and not repair or alter it in anyway without the prior consent of the company; and 

(c) use the equipment in a lawful manner; 

5 Delivery, Care and Return of Equipment 

5.1 Where equipment is to be delivered by the company, the customer must be present at the delivery address to acknowledge receipt, provide reasonable access and check the equipment in accordance with clause 5.1. 

5.2 All equipment is to be returned or (if applicable) made ready for collection at the end of the hire Period in the same state that it was received, excluding fair wear and tear. 

5.3 Where the equipment is to be collected by the company at the expiry of the Hire Period, the customer must be present to provide reasonable access and hand over the equipment. 

5.4 The customer authorizes the company to enter their property to deliver or collect the equipment and acknowledges that the company is not liable for any damage caused by the company during such delivery or collection save to the extent caused by the company’s gross negligence or willful misconduct.

6 Liability 

6.1 The company makes no warranty or representation as to the quality or fitness for purpose of the equipment and no such warranty shall be implied from the description of the equipment on the website. 

6.2 No guarantees, warranties, representations or agreements made by the company shall be binding unless made in writing. 

6.3 The customer indemnifies the company against any damage to, loss or theft of the equipment, and any claim by a third party in respect of any loss, injury or other liability arising from the hire or use of the equipment.

6.4 To the maximum extent permitted by law, the company is not liable to the customer whether in contract, tort or otherwise for: 

(a) any loss or liability suffered by the customer or any third party as the result of the customer’s use of the equipment, save to the extent caused by the company’s gross negligence or willful misconduct; or 

(b) any minor variation in equipment specifications, including but not limited to colour or design, which may occur from time to time; or 

(c) any loss of profits, consequential, indirect or special loss; or 

(d) any delay in delivery or availability of the equipment due to any cause which is beyond the reasonable control of the company. 

6.5 In the event that the company does incur liability, the parties agree that the liability of the company shall not exceed the amount paid by the customer to the company for the hire of the equipment. 

7 Termination 

7.1 Prior to the commencement of the hire period, either party may terminate the booking by giving at least one week’s [written] notice to the other. 

7.2 In the event that the customer cancels with less than one week’s [written] notice the company may charge up to 50 % of the total hire amount. 

7.3 The company may terminate a booking where, through no fault of the company, the equipment is unavailable because it has not been returned by a prior customer in accordance with the terms of their hire. 

8 Privacy Act Consent and Rights 

8.1 The customer authorizes the company to collect personal information either from the customer directly or from a third party (for example a credit reporting agency) for the purpose of enabling the company to carry out the services and enforce the rights or remedies contemplated by these terms. 

8.2 The customer may request access to the personal information relating to the customer which is held by the company and may request the correction of information which is inaccurate, incomplete or out of date. 

8.3 Further information about the use of personal information by the company can be found at looksharpstore.co.nz/privacy-policy. 

9 Disputes 

9.1 The customer must notify the company of any dispute or complaint within 14 days of the expiry of the hire period. 

9.2 Both parties shall attempt in good faith to negotiate a settlement to any dispute arising between them or arising out of or in connection with these terms. If the parties cannot resolve the dispute, the matter shall be referred to mediation.

9.3 Should agreement on the mediation process or agreement on the mediator not be reached within 14 days of the notification of the dispute, either party may enforce their rights via legal proceedings. 

10 Consumer Guarantees Act 1993 

10.1 Nothing in these terms and conditions excludes, limits, restricts or is intended to derogate from any right or remedy the customer may have pursuant to the CGA, if the customer is a consumer (as defined in the CGA) who hires the equipment for personal use. 

10.2 The guarantees contained in the CGA are expressly excluded where the equipment is hired for the purpose of a business. 

11 General 

11.1 All equipment hired by the customer will remain the property of the company at all times. 

11.2 The customer is responsible for insurance of the equipment while the equipment is in the customer’s possession. 

11.3 These terms and conditions represent the entire understanding relating to the subject matter here of and prevail over any other communications between the parties. 

11.4 These terms and conditions can only be modified by written amendment, signed by both parties. 

11.5 The customer may not without prior written consent of the company, transfer or assign their rights or obligations to any other party. 

11.6 The receipt of an order from the customer will constitute acceptance of these terms and conditions.