Conditions of hire

These terms and conditions shall apply to all hire/and or sale of goods and services ("the equipment") by Nano Party Hire Limited ("the Supplier") to the recipient ("the Customer") and form part of and are to be read in conjunction with the Contract Details. No agent or representative of the Supplier is authorised to make any representations, warranties or agreements not expressly contained in these terms and conditions or as recorded as Special Terms of Trade and the Supplier is not in any way bound by such representations, warranties or agreements.

INTERPRETATION

“Commencement” means the date when the Customer takes possession of the equipment. 

"Customer" means the Customer named in the application together with the customers successors, assigns and personal representatives.

"Equipment" means any goods hired and/or services supplied by the Supplier.

“Products” means the acquisition by the Customer of any goods/products where title passes to the Customer. 

"Supplier" means Nano Party Hire Limited together with its successors and assigns.

Headings are for reference only and do not affect the interpretation of any clause.

The singular shall include the plural and vice versa.

Person and Persons include companies, partnerships and any other legal entity unless inconsistent with the context. 

Reference to the term Customer includes the Guarantor(s) (if any).

1. DELIVERY AND REMOVAL

1.1 Delivery and removal charges for hired equipment itemised in the Contract Details are payable by the Customer and are in addition to the hire charges.

1.2 If hired equipment is to be removed by the Supplier, hired equipment must be packed up and ready for loading at the pre-arranged time and place and assistance rendered for loading.

1.3 Any requests for removal of hired equipment must be arranged with the Supplier prior to completion of the hire either by telephone or email. The relevant removal cost will be notified to the Customer and itemised in the Contract Details.

1.4 The Supplier must provide the Customer with either a pick up ticket number or return slip when hired equipment has either been finished with and is awaiting pickup or has been returned to the place of hire, and the Customer must retain such document or number as evidence that the equipment has been returned.

1.5 Delivery times for the equipment may vary. If delivery times are not advised and agreed at the time of placing the order then the Supplier will use its best endeavours to ensure that equipment is delivered within a reasonable time but only in the case where the Supplier is responsible for delivery of the equipment.

1.6 Subject to the provisions of the Consumer Guarantees Act 1993 the Supplier shall not otherwise be responsible or liable in any way to the Customer for delays in delivery of the equipment or any part of the equipment or for any direct or consequential loss or damage arising from late delivery.

1.7 The Customer is not entitled to reject equipment for late delivery due to circumstances beyond the control of the Supplier and in any case is bound to accept the equipment if delivery is made within a reasonable time after the date agreed or if no date has been agreed, within a reasonable time.

1.8 Where any contract provides for installation of equipment to be carried  out by the Supplier such contract is upon the basis that it is the  Customer’s responsibility:

(a) To provide suitable access to the premises in all weather conditions for the vehicles and equipment that the Supplier will need to use in carrying out such installations;

(b) To provide all necessary services and amenities to enable the Supplier to carry out such installation;

(c) To provide safe and secure onsite storage for materials and accessories supplied and used by the Supplier, its employees and contractors;

(d) To advise the Supplier promptly of any decision or instruction which affects such installation.

1.9 The Customer grants to the Supplier, or will procure that the Supplier is granted, an irrevocable right and authority to enter, and for the Supplier to bring vehicles at any time onto, the place where the equipment is to be used or is located to deliver and/or remove hired equipment either on the expiry of the hire period or on termination of the Contract.

1.10 The Supplier reserves the right to suspend delivery of the equipment at any time if the Customer is in breach of any of its obligations pursuant to this contract or if the Supplier has reasonable grounds to doubt the Customer’s credit worthiness or its ability to meet its obligations under this contract in full.

2. HIRE CHARGES

2.1 Equipment may be hired for: a) daily

2.2 The “hire periods” are: “daily” means 6 hours 

2.3 The hire period begins from the time the equipment leaves the Supplier’s premises and runs until the equipment is either returned to the Supplier at the place of hire, removed by the Supplier pursuant to clause 1, or the Contract is terminated pursuant to clause 6.

2.4 The Customer shall pay for the following charges itemised in the Contract Details or otherwise notified to the Customer:

(a) the hire charges for the hire period of all equipment used;

(b) any damage to or loss of the equipment under clause 7 (if  applicable);

(c) cleaning fees (if applicable); and

(d) default interest for late payment (if applicable).

2.5 Cleaning fees will be assessed and charged if the Customer returns equipment that the Supplier deems (in its sole discretion but acting reasonably) to be excessively dirty. If the Supplier determines on this basis that the equipment will require additional cleaning, the Supplier will advise the Customer at the time the equipment is returned and notify the Customer of the relevant cleaning fees either:

(a) at the time the Customer returns the equipment; or

(b) as soon as reasonably practicable after the Customer  returns the equipment if assessment of the cost of  cleaning cannot be determined at the time the Customer returns the equipment.

3. PAYMENT AND DEFAULT INTEREST

3.1 For hire of equipment, unless the Customer has a credit account with the Supplier

3.2 Unless otherwise agreed in writing by the Supplier, the Customer must pay, or the Customer’s account will be charged with, the amount of which is specified in the Contract Details and/or the cost of the damage for hired equipment if applicable (see clause 7 for further details on the damage waiver).

3.3 For purchase of products, the Customer will pay the Supplier the agreed price. Risk in these products passes to the Customer on delivery of the products and title will pass on payment in full to the Supplier.

3.4 For credit account customers, the Supplier will send the Customer an invoice for charges incurred. The Customer must pay the invoice before the initial pick up date, that has been agreed upon both parties. The Supplier reserves the right to reverse any previously agreed discount for credit account customers if the account is not paid in full by the due date. If payment is not made on the due date, the Supplier may charge interest on a daily basis at the rate of 2.5% per month on any overdue amount until all monies have been paid in full.

3.5 All Customer queries or issues with invoiced amounts must be raised with the Supplier within one month of the date on the relevant invoice so that any such queries or issues can be promptly reviewed and resolved.

3.6 The Supplier reserves the right to apply payments received in any manner the Supplier determines.

3.7 Payment will be made (time being of the essence) without any set-off (of any kind) counterclaim or deduction of any kind.

3.8 All charges will specify whether they are inclusive or exclusive of GST and the Contract Details will set out the charges and applicable GST payable by the Customer

3.9 Notwithstanding anything else in the Contract, where any occurrence of break down, theft, accident or damage to the equipment is a result of the negligent or reckless acts or omissions of the Customer, the Supplier will be under no obligation to replace the equipment and the Customer’s obligations to pay charges and any other sums to the Supplier shall continue.

3.10  The Customer will pay the Supplier all costs incurred by the Supplier,  including costs on a solicitor-client basis incurred in the recovery of  any amount due to the Supplier.

4. CUSTOMER’S OBLIGATIONS

4.1 The Customer shall:

(a) if hired equipment is intended to be used in a location or  manner which is outside its usual or ordinary use, advise  the Supplier of the intended location and/or nature of use  at the time of hiring the equipment;

(b) comply with any special conditions or exclusions (which  may apply to specific equipment or the nature or location  of the Customer’s intended use of such equipment)  notified to  the Customer prior to the equipment leaving  the Supplier’s premises and detailed in the Contract  Details;

(c) take proper and reasonable care of hired equipment  (including keeping the equipment locked and secured  when not in use) and return it to the Supplier at the end of  the hire period (to the place of hire, unless otherwise  specified in the Contract Details) in the same order and  condition as at the commencement of the hire (fair wear  and tear excepted) and in a reasonably clean state (taking  into account the cleanliness of the equipment at the outset  of the hire period);

(d) subject to clause 4.1(a) and any discussions between the  Supplier and Customer regarding the Customer’s intended  use, satisfy itself that the hired equipment is suitable for  the Customer’s intended use;

(e) use hired equipment in a lawful manner with due regard to  all laws and regulations pertaining to the use of such  equipment;

(f) if the equipment is hired, immediately cease operating the  equipment and notify the Supplier by telephone if the  equipment is faulty or breaks down; 

(g) notify the Supplier immediately if hired equipment is lost,  stolen or damaged and follow all reasonable instructions of  the Supplier;

(h) be responsible, and indemnify the  Supplier, for any loss,  theft or damage to hired equipment that occurs as a result  of the negligent or reckless acts or omissions of the  Customer  from the time the Customer takes possession  of the equipment until it is returned to the Supplier’s  possession including:

(i) in the case of damage, the full cost of all  repairs to restore the equipment to the  condition it was in at the time of hire; and

(ii) in the case of loss, theft or irreparable damage  to the equipment, the market value of the  equipment;

(j) in addition to the costs set out in clause 4.1(h), be  responsible for and indemnify the Supplier for any loss of  revenue suffered by the Supplier due to the unavailability  of the equipment for hire due to loss, theft or damage  caused as a result of the negligent or reckless acts or  omissions of the Customer; and

(k) not remove, deface or obscure any marks of identification  or ownership on hired equipment.

4.2 The Customer warrants that it shall only use the equipment in the manner it was designed to be used, and follow any directions from the Supplier, local authorities, codes of practice and/or the manufacturer of the equipment relating to the use and safety of the equipment and shall comply with all obligations in relation to the use and control of the equipment and the persons using said equipment in accordance with the Health and Safety at Work Act 2015 (if applicable) and all other relevant legislation and applicable regulations.

4.3 The Customer shall, on reasonable notice by the Supplier, advise the Supplier of the whereabouts of hired equipment and allow the Supplier reasonable time to inspect and test the equipment and for such purposes the Customer gives irrevocable leave and license to the Supplier to enter any premises where the equipment or any part of the equipment may be and take possession of and/or remove the equipment where continued use of the equipment may pose a health and safety risk to the Customer (to be determined by the Supplier acting reasonably). Where the hire period is disrupted, and replacement equipment cannot be provided by the Supplier, the charges payable by the Customer will be amended to reflect the reduced hire period and where the Customer has paid in advance for the hire of the equipment, the Customer will be entitled to a pro-rated refund.

5. RISK AND TITLE

5.1 The Customer acknowledges that title to hired equipment remains with the Supplier at all times. Products purchased from the Supplier remains the property of the Supplier until paid for in full.

5.2 “PPSA” means the Personal Property Securities Act 1999 and its regulations.

5.3 The Customer agrees that the hire of the equipment may, and that the acquisition of the products does, create a security interest in the equipment and/or products to secure the full payment of all moneys payable to the Supplier and the performance by the Customer of all of its other obligations to the Supplier. If the Contract (including these Consumer Conditions) constitutes a security interest, this document constitutes a security agreement for the purposes of the PPSA and the provisions of clause 5.4 apply. Unless otherwise defined in the Contract (including these Consumer Conditions), all terms in this clause 5 have the meaning given to them in the PPSA and section references are sections to sections of the PPSA.

5.4 Until such time as payment in full as provided by clause 3.3 is received by the Supplier the Customer acknowledges and agrees that:

(a) The Customer shall hold the equipment/products as the bailee of the Supplier; 

(b) The Customer shall at its own cost store the equipment/products safely and in a way which clearly identifies the equipment/products as the property of the Supplier; The Customer shall keep the equipment fully insured. 

(c) The Customer will not permit the equipment/products to become an accession (as defined in the PPSA);

(d) The Customer irrevocably consents to the Supplier entering the Customers premises or any other premises where the equipment/products are stored or where the Supplier believes the equipment/products are stored to inspect or remove the equipment/products and for such purpose the Customer gives the Supplier leave and licence without the necessity of giving any notice to enter if necessary forcibly any such premises to search for, take possession of and remove the equipment/products without being liable in any way to the Customer and the Customer shall fully indemnify the Supplier in respect of any claim or demand brought against the Supplier in respect of such actions;

(e) The Customer shall not grant or permit to exist any other security interest or financing statement over the equipment/products while they remain the property of the Supplier;

(f) The Customer acknowledges that this clause creates a Purchase Money Security Interest (“PMSI”) as defined in the PPSA in both present and after acquired equipment/products;

(g) The Customer acknowledges receiving a copy of this document and waives all rights to receive from the Supplier verification of any financing statement, or any other notice of any event prescribed by the PPSA;

(h) (i) Nothing contained in Sections 114(1)(a) “Notice of sale of collateral”, 133 “Debtor may reinstate security agreement” or 134 “Limit on reinstatement of security agreement” of the PPSA applies to the security interest created by this document.

(ii) The rights of the Customer contained in Sections 116 “Secured by party to give statement of account”, 120(2) “Proposal of secured party to retain collateral", 121 “Persons entitled to notice may object to proposal”, 125 “Secured party must not damage goods when removing accession”, 126 “Person with interest in other goods entitled to reimbursement for damage caused by removal of accession”, 127 “Person entitled to reimbursement may refuse permission to remove accession”, 129 “Secured party must give notice of removal of accession”, 131 “Court may make order concerning removal of accession” and 132 “Entitled persons may redeem collateral” of the PPSA do not apply to the security interest created by this document.

(iii) The Customer agrees that the Supplier may charge a reasonable fee for compliance with a demand under Section 162 “When Debtor, etc, may demand registration of financing change statement” of the PPSA.

(i) The PMSI has attached to the equipment/products and has not been deferred or postponed;

(j) The Customer will do all things and execute all documents as are necessary to ensure the Supplier has a perfected first ranking PMSI in the equipment/products;

(k) The Customer will immediately notify the Supplier of any change of its name or address;

(l) The Customer indemnifies the Supplier for any costs it incurs in registering, maintaining and enforcing the security interest created by this document.

6. TERMINATION

6.1 If either party:

(a) is in breach of any of the terms of this Agreement (including, without limitation, by non-payment of any Fees) and does not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied ;or

(b) breach any of the terms of this Agreement and the breach is not capable of being remedied; or

(c) Either party business becomes insolvent or goes into liquidation or has a receiver or manager appointed of any of its assets or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction,

The non-defaulting party may take any or all of the actions specified in clause 6.2, at its sole discretion:

6.2 Terminate this Agreement

(a) If the Customer is in breach, suspend for any definite or indefinite period of time, the supply of goods and/or services;

(b) If the Customer is in breach, suspend or terminate access to all or goods and/or services.

6.3 Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement the Customer will:

(a) remain liable for any accrued charges and amounts which become due for payment before or after termination; and

6.4 Clause 6 survives the expiry or termination of this Agreement.

7. HIRE DAMAGE 

7.1 The Customer:

(a) acknowledges and agrees that the Customer hires the  equipment at the Customer’s own risk; and

(b) indemnifies the Supplier against any and all loss in respect  of any loss of or damage to the equipment (except where  the loss or liability has arisen due to the negligence of the  Supplier or where the Supplier has willfully, negligently or  recklessly supplied defective equipment to the Customer).

7.1 In the case of any loss or damage to the hired equipment during the term of hire, without limiting any other rights or remedies that may be available to the Supplier at law or under the Contract, the Customer shall pay to the Supplier:

(a) in the case of loss or irreparable damage, the market value  of the equipment; and

(b) in the case of damage, the full cost of all repairs to restore  the equipment to the condition it was in at the time of hire. 

7.2 Excess: In the event of any loss, theft or damage to the equipment, the Customer must also pay an excess charge. The excess charge is 25% of the market value of the equipment (up to a maximum of $5,000) plus GST for any one item of equipment, or as otherwise agreed between the parties and detailed in the Contract Details.

7.3 Subject to clause 7.1, the Customer shall not be liable to the Supplier for any loss of or damage to the hired equipment during the term of hire PROVIDED THAT the Customer:

(a) has at all times acted reasonably and with reasonable  care;

(b) has delivered to the Supplier (within 12 hours of the time  when the Customer first becomes aware of the loss of or  damage to the equipment) a complete, correct, written  report of the circumstances of such loss of or damage to  the equipment, including, in the case of any loss appearing  to result from any criminal act, an applicable police  complaint acknowledgement form; and

(c) has complied with its obligations under clause 14; and

(d) has assisted the Supplier (on the Supplier’s reasonable  request) for the purposes of enabling the Supplier to  recover such loss or damage.

8. LIMITATION OF LIABILITY

8.1 As a consumer, the Customer is entitled to certain rights and remedies under the Consumer Guarantees Act 1993. For the avoidance of doubt, nothing in this Contract affects, or attempts to exclude in any way, the Customer’s rights under the Consumer Guarantees Act 1993.

8.2 Other than for claims made under the Consumer Guarantees Act 1993, the maximum aggregate liability of the Supplier for all claims made by the Customer will not exceed:

(a) in the case of any equipment purchased by the Customer,  an amount of $2,500; and

(b) in the case of any equipment hired, the lesser of the hire  charges paid by the Customer to the Supplier pursuant to  the Contract and three months’ hire charges paid by the  Customer  to the Supplier pursuant to the Contract,  except where such liability arises as a result of the  negligence of the Supplier or where the Supplier has  willfully, negligently or recklessly  supplied defective  equipment to the Customer.

8.3 The Customer will indemnify the Supplier against any liability, losses, damages or expenses incurred or suffered by the Supplier as a result of any claim made by a third person against the Supplier in respect of any loss or liability arising from the Contract or arising out of the use of the equipment hired or purchased by the Customer, except where the loss or liability has arisen due to the negligence of the Supplier or where the Supplier has willfully, negligently or recklessly supplied defective equipment to the Customer.

8.4 Subject to clause 7, the maximum aggregate liability of the Customer under these Consumer Conditions, will not exceed:

(a) in the case of damage to hired equipment, the full cost of  all repairs to restore the equipment to the condition it was  in at the time of hire; and

(b) in the case of loss, theft or irreparable damage to the  equipment, the market value of the equipment.

8.5 If the Customer procures the Equipment for the purpose of a business then;

(a) The provisions of the Consumer Guarantees Act 1993 are expressly contracted out of to the extent permitted by the Consumer Guarantees Act.

(b) The Customer shall:

(i) Contract out of the provisions of the Consumer Guarantees Act where the Customer’s customers are consumers who acquire the Equipment for the purposes of a business.

(ii) Not make any representation concerning the description of the Equipment if it does not correspond with the actual description and specification of the Equipment.

(c) The Customer shall indemnify the Supplier in respect of any loss, damages, costs, claims or other liability which the Supplier may face suffer or incur pursuant to the Consumer Guarantees Act 1993 in relation to any of the Equipment sold by the Customer to any consumer.

(d) The warranty applicable to Equipment supplied by the Customer shall be limited to the warranty offered by the Supplier.

(e) Except as provided herein the Supplier has no obligation to the Customer or its customers for sales by the Customer to its customers and the Customer will be responsible for all warranties, representations and terms of sale it enters into with the Customer’s customers.

8.6 To the extent permitted by law the Supplier warrants the goods or service performed to the extent only it has manufactured the goods or performed the service against faulty materials or workmanship (or both) for a period of 90 days after delivery of the goods or performance of the service as the case may be provided always;

(a) All claims under this warranty are received within 90 days after delivery of the goods or performance of the service.

(b) The Customer gives the Supplier notice of any defect in the goods or performance of the service within 3 days of such defect becoming apparent.

(c) The Customer has maintained and operated the goods in accordance with good industry practices and

(d) The Customer has complied with all specific recommendations of the Supplier.

8.7 The Supplier shall not be liable for any consequential indirect or special damage or loss of any kind nor is the Supplier liable for any damage or loss caused by the Customer's servants agents buyers or any other persons howsoever.

8.8 Any claim by the Customer against the Supplier must be notified to the Supplier within 90 days from delivery of the goods or service.

8.9 The Supplier shall have no liability to the Customer if the Supplier is unable to perform its obligations due to events outside the Supplier’s control.

8.10 Where the equipment or any of them are subject to an express warranty given by the manufacturer or the parties supplying the same to the Supplier in either case being a warranty upon which the Supplier relies, then the terms of such express warranty shall be deemed to  be incorporated herein but without creating any Privity of contract between the Customer and such manufacturer or wholesaler to the Supplier and in such case where a claim is made by the Customer under such warranty the judgment of the manufacturer or wholesaler as the case may be, as to whether or not there has been a breach of the said warranty shall be final and binding upon the Supplier and Customer.

8.11 In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive termination or expiration of this Agreement.

9. ASSIGNMENT

9.1 The Supplier may, without notice to the Customer, assign its rights and obligations under this Agreement to any person. Any references in this Agreement to the Supplier is deemed to be a reference to the successors and assigns of the Supplier (each an Assignee). An Assignee may exercise all the Supplier’s rights under this Agreement. The Supplier is authorised to disclose to a potential Assignee any information which the Supplier has relating to the Customer.

10. SEVERABILITY

10.1 If any provision of these conditions is invalid, illegal or unenforceable, it will be severed and all other provisions will remain in full force and effect.

11. CANCELLATIONS

11.1 To the extent permitted by law no order can be cancelled without the Suppliers prior approval and the Customer shall be liable for any costs and expenses incurred. Only written cancellations or alterations will be accepted. If the contract provides for delivery by installment, each installment shall be deemed to be the subject of a separate contract and a non-delivery or delay in delivery of any installments shall not affect the balance of the contract or entitle the Customer to cancel the same.

12. MODIFICATION

12.1  The Supplier may modify these terms and conditions or any part hereof as may be required for legitimate business purposes by notice to the Customer, or displaying the amended terms and conditions on its website. From the date of that notice or display, the amended terms will apply to the hire of all equipment or goods sold or services provided commencing after the date of that notice or display. 

13. AUTHORISATION RELATING TO PRIVACY ACT 1993

13.1 The Customer acknowledges that the information contained in this application or any other information held by the Supplier relating to the financial standing and/or credit worthiness of the Customer may be disclosed by the Supplier to a third party.

13.2 The Customer consents to the Supplier obtaining from any other person a credit report containing personal information about the Customer for the purpose of the Supplier:

(a) assessing the Customer's application for commercial credit; and or

(b) collection of overdue payments in respect of commercial credit provided to the Customer; and/or

(c) assessing whether to accept the guarantor as guarantor for credit applied for, or provided to the Customer.

13.3 The Customer agrees that if the Supplier approves or has approved the Customer's application for credit, this agreement shall remain in force until the credit facility covered by the Customer's application ceases.

13.4 The Customer agrees that the Supplier may give to and seek from any other person information about the Customer's credit arrangements for the purpose of assessing, on an ongoing basis the Customer's financial standing and/or credit worthiness.

14. SPECIAL CONDITIONS

14.1 The Customer must ensure the following regarding the hiring of  Bouncy Castles:

• that no children play near the electric blower or power lead at the side/rear of the inflatable.

• that use of the bouncy castle is restricted to children of, or below the  age specified in our hire page.

• the bouncy castle is not overcrowded, and limit numbers according to the age and size of children using it. Try to avoid large and small children from using it at the same time as this can result in injury. There should be no more than 5 children at any one time on a castle.

• that no shoes are worn, no food or drink is consumed on the inflatable  and no sharp objects be allowed on or near the bouncy castle which will avoid the risk of choking.

• no pets or animals are allowed on the bouncy castle or associated  equipment.

• that adult supervision is provided at all times.

• there is no smoking or barbecues on or near the Bouncy Castle.

• that for the users own safety and the safety of the equipment, there is  no climbing on the mesh or over the side walls of the bouncy castle.

• that there is a flat, dry, easily accessible site for ‘setup’. We will not be  responsible for lifting heavy items up and down stairs or over fences  etc. We may cancel the hire at our discretion if these obstacles are  present.

• they acquire any permits that may be required to operate the equipment 

• power is available within 25 Metres of the equipment setup. Only the one power lead, which is supplied by Nano Party Hire Limited is used.

• in the event that the blower stops working, please ensure all users get off the bouncy castle immediately. The blower has a safety reset button, try pressing this, also check the fuses and make sure the  blower tube or deflation tube has not come undone or something has  not blown onto and is obstructing the blower. In the event that it overheats, or loses power, switch the blower off at the mains, wait 1 or 2 minutes and then switch it back on again. If it does not re-start, inform us straight away.

• streamers, poppers, silly string etc are kept away from the bouncy  castle as they stain the vinyl. Face Paint also stains the vinyl.

• if the bouncy castle is not being used for any part of the day, please switch the blower off at the mains.

• no one is on the bouncy castle during inflation or deflation as this is very dangerous.

• generators may be used at unpowered locations but they are the responsibility of the Customer. Nano Party Hire Limited does not hire or hire out generators.

• that if the bouncy castle has to be carried up stairs then there needs to  be additional people present to help the driver carry the bouncy castle.

• the safety mat provided is returned clean.