Party
Direct Terms and Conditions
We are proud of our reputation as one of the best party hire
companies in Auckland. We thank you for recommending our products
and services to friends and family and look forward to you
coming back again soon. We value your feedback on our service
as we are always aiming to improve it.
If you are hiring an Illuminated
Dance Floor please click for full Terms and Conditions.
When any monies are receieved for a hire you automatically
adhere to these conditions and enter into an agreement
between Party Direct LTD and the Hirer or Hirers representative.
1 HIRE charges are based on a daily rate and must be paid
in advance prior to delivery or on delivery of the equipment
hired. Should the equipment be required for longer than
the period stipulated the Hirer should immediately notify
the Owner and pay the additional hire charges due for the
extended term of the hire before putting the equipment
to further use. The Hirer is liable for hire charges at
the specified rate for the Equipment until all equipment
is returned to the owner.
2 THE Hirer shall use the equipment entirely at the Hirers
own risk. The Hirer shall consequently have no claim of
whatsoever nature or kind against the Owner by reason of
the condition or the state of repair of the Equipment or
by reason of the Equipment not being fit for any purpose
or by reason of any injury suffered by the Hirer or other
persons resulting from operation of the Equipment whether
correctly or incorrectly or otherwise howsoever arising
and the Hirer shall hold the Owner safe harmless and indemnified
against all claims actions and proceedings on account or
touching or concerning any of the above matters against
all costs.
3 THE Hirer will not sell, offer for sale, assign, mortgage,
pledge or otherwise encumber or deal with or part with
possession of the Equipment or any part or parts thereof
other than back to the Owner. The Hirer shall personally
use the equipment hired and will not permit all or any
part of the Equipment to be used by any other persons without
the Owners prior consent. The Hirer shall keep the Owner
informed as to the whereabouts of the Equipment hired.
4 THE Hirer shall use the equipment in a proper manner
and keep the Equipment in good condition. If in any doubt
as to how the Equipment should be operated, the Hirer shall
refer to the Owner for instructions. If any damage beyond
fair wear and tear is caused to the Equipment by whatsoever
cause, the Hirer shall be responsible for the costs or
repair and keep the Owner indemnified against all loss
of damage to the Equipment. If the Equipment is returned
in faulty condition (other than from fair wear and tear)
the Owner may repair the faulty Equipment and charge the
Hirer with the cost of so doing at the current charge rate
or replacement costs in the item/s are un-repairable. The
amount of any such loss or damage to or cost of repair
of the Equipment shall be deemed to be a debt due to the
Hirer to the Owner and be recovered accordingly.
5 SHOULD the Equipment be faulty or should develop a fault
whilst in possession of the Hirer, the Hirer shall immediately
notify the Owner stating the nature of the fault on (021
476 830) prior to 10pm, (please leave a message
if no reply) and in no circumstances shall the Hirer carry
out repairs or allow any such repairs to be carried out
by any person other than the Owner or the Owners nominee.
If the Owner or Owners agent is called out to the venue
and it’s deemed to be user error or misuse then a
call out charge of $60 will apply and will need to be paid
at the time. No refund or discount of faulty goods will
be considered if these terms are not adhered to and charges
will be incurred if the goods are tampered with by the
Hirer in any way to recover the cost’s to repair
or replace.
6 WHILE the equipment is in the possession of the Hirer,
the Hirer will faithfully perform and carry out all instructions
of the Owner or the Owner’s nominee as to the manner
in which the Equipment shall be operated and maintained.
7 IF the Hirer fails to return the Equipment hired before
expiry of the hire period or the Equipment is seized by
any regulatory authority, and the Owner has to locate and
pick up the Equipment and /or pay any fines imposed by
any statutory or territorial authority, then the Owner
shall be entitled to recover from the Hirer as debt due:
(a), a charge of $50 per hour per person engaged in locating
and picking up the Equipment together with reimbursement
of any fines: and
(b), additional daily hire at the rate of 1.5 times the
normal daily rate hire charge from the date upon which
the hire period ended until the actual date that the equipment
is either returned or recovered.
8 LOCAL territorial authority statutory regulations require
that isolating transformers must be used with electrical
Equipment used outdoors or in damp conditions, and the
Hirer shall comply with all such regulations and any other
statutes and regulations from time to time in force relating
to the Equipment or the use of the Equipment.
9 IF the Hirer defaults on or fails to observe or perform
any of the foregoing conditions, commits any act of bankruptcy
or has any judgment entered against them, or where any
moneys are in arrear exceeding fourteen days, then the
Owner may by notice terminate the hiring whereupon, as
in the case of termination by any other means, the Hirer
shall immediately deliver the Equipment at the Hirer’s
own risk and cost to the Owner’s place of business
or such other place as the Owner may nominate and in default
of such delivery the Owner shall be entitled to take possession
of the Equipment and recover the cost of doing so and of
returning the Equipment to the Owner’s place of business
as a debt due by the Hirer. Termination of the hiring by
return of the goods or otherwise does not in any way prejudice
the right of the Owner to enforce by action or otherwise
does not in anyway prejudice the right of the Owner to
enforce by action or otherwise all or any of the foregoing
conditions against the Hirer for breach or of any of them
prior to the termination of the hiring.
10 ANY money due under the terms of these conditions by
the Hirer to the Owner shall bear interest at the rate
of 18% per annum from the date upon which such moneys fell
due until the actual date of payment and such interest
shall be recovered part of the debt due by the Hirer to
the Owner.
11 ALL representations or warranties whether express or
implied of the Owner, it’s servant or servants, agent
or agents, whether made before or after the execution of
these conditions by the Hirer shall be null and void and
of no effect except as the same are included in these conditions
and the Hirer hereby acknowledges that these conditions
cover the whole terms of the hire of the Equipment.
12 EACH of the forgoing conditions shall be without prejudice
to each other. All obligations imposed on the Hirer by
these conditions shall, if there be more than one Hirer,
be joint and several.
13 ALL goods are carefully checked when packed. It
is the hirer’s responsibility to check the goods
upon delivery and notify Party Direct of any discrepancies
and/or damages between the goods supplied and the goods
ordered. Complaints made after the return or pickup
of goods will not be considered.
14 ALL dinnerware /crockery and cutlery are to be returned
rinsed, food free & re-packed in the delivery containers.
A washing fee may be applied. Breakages will incur a charge
of from $5.00 per glass; other items vary and will be charged
accordingly to be replaced.
15 ALL equipment shall be placed in an accessible position
if being collected by Party Direct. Return visits to collect
missing stock will incur additional fees, alternatively
the client will return the stock to our premises.
16 Cancellations / Changes – changes to orders will
only be accepted up to 24 hours prior to the opening of
business on the date of delivery. i.e. Friday delivery
can only be altered before 4pm on Wednesday and can incur
fees depending on changes. Changes made after this time
will not be accepted. In the event of a cancellation, this
will result in loss of deposit, if the cancellation occurs
within 7 days of the booking date, a further 80% will be
charged.
17 Party Direct will not be liable for any delays caused
by circumstances beyond their control. Additional charges
will apply for any delays of delivery or collections that
is through no fault of ours.
18 ALL damage, loss or breakage of equipment and packaging
(including boxes and crates) is to be paid for by the hirer
at replacement cost. It is the hirer’s responsibility
to guard against equipment loss or damage until returned
or collected. Hire equipment is not insured whilst
outside of Party Directs premises or vehicles.
19 DEPOSIT, PAYMENT AND BOND
(a). A non-refundable booking deposit of 20% by Credit
Card / Direct Deposit of the full hire is required to
finalise the booking within 3 days of placing your order.
National Bank: 060294 0161247 00 (please quote your name
or invoice number from your confirmation). By paying
your 20% deposit you are entering into a contract with
us and adhere to these terms and conditions.
(b), A credit card is required as security of any equipment
being hired, as a bond. If you do not have a credit card
you will need to pay a cash bond which will need to be
agreed with Party Direct prior to the hire.
(c), Any breakages or costs incurred whilst in possession
of the hirer will be charged to the credit card. In the
event of no credit card these charges will be pursued with
the hirer to clear the debt and will result in legal action
if not paid in full within 7 days of the return.
(d), No bond will result in the hire being cancelled.
(e), Deductions and charges will be charged to the credit
card when there is damage, late return, or cleaning required. Any
damage /replacement costs will be charged
to the card. If there are insufficient funds on the card
the Hirer will be billed, this charge needs to be paid
in full within seven days, failure to comply will result
in legal action being taken and will incur further charges
as outlined in the terms and conditions. The Hirer by accepting
the equipment agrees to the terms and conditions as laid
down by the Owner and agrees to pay any costs of collection
and all legal fees incurred by the Owner in the event of
legal action becoming necessary.
(f), All hires are to be paid in full, prior to the event
or upon collection / delivery of the goods.
In the case of a person entering into this contract in
a private capacity as Hirer, the Hirer by entering into
this contract hereby authorises the disclosure of personal
information regarding this creditworthiness by any other
party to the Owner and that this personal information may
be used by the Owner to advise the Hirer of the Owner’s
other goods and services. The Hirer has rights to
access to and correct personal information contained in
this contract, subject to the provisions of the Privacy
Act 1993. |