Terms & Conditions
Terms and Conditions of Hire
The Conditions of Hire set out below shall apply to all contracts for the hire of equipment between the Good Sound Ltd and the Hirer or their appointed agent. This contract is personal to the Hirer and is not capable of assignment whether in whole or in part by the Hirer.Definitions
“the Owner” means The Good Sound Ltd.“the Hirer” means the person named on the booking as the person hiring the equipment.
“the equipment” means any and all equipment belonging to the Owner hired out to the Hirer as part of this booking. This includes any equipment that may be added to the Hirer’s booking subsequent to the original booking.
“the booking” means the original booking made by the Hirer, once confirmed in writing by the Owner. The booking also includes any equipment booked by the Hirer subsequent to the original booking intended for use at the same event as that specified in the original booking. Equipment booked for use at a different event will likely require a separate booking unless otherwise agreed in writing by the Owner.
“provisional booking” means a booking still in progress in which the Hirer has placed a hold on the equipment for their preferred hire dates by providing a valid credit card number and/or paying the requisite hire fee to the Owner but for which the the Owner has not yet issued a written confirmation of the booking.
“the event” means the event specified by the Hirer in the booking at which the Hirer intends to use the Equipment, including the type of event, the event date, and the event location/venue.
“the hire period” means a 3-day period for a standard booking. This is a standard default hire period which consists of 1 day prior to the event for pick-up/set-up of the equipment, 1 day for the event, and 1 day after the event for return of the equipment. For bookings where the Hirer intends to pick up the equipment in person the hire period will begin as soon as the Hirer is in possession of the equipment. For bookings where the Owner will ship the equipment to a location specified by the Hirer, the hire period will begin when the shipping agent has delivered the equipment to the location specified by the Hirer and as soon as the shipping agent is no longer in possession of the equipment. For clarity, the hire period begins and the Hirer is solely responsible for the equipment as per these Terms and Conditions as soon as the shipping agent has completed delivery of the equipment to the specified location, regardless of whether the Hirer is yet in direct possession of the equipment. Alternative hire periods may be arranged on a case-by-case basis by written agreement with the Owner and are likely to be subject to fees and charges that vary from those advertised or displayed by the Owner.
“the pick-up time” means the time mutually agreed by the Hirer and the Owner at which the Hirer will pick up the equipment. The Hirer is responsible for initiating contact with the Owner to arrange a pick-up time that is acceptable to both the Owner and the Hirer. Unless otherwise agreed in writing by the Owner, the pick-up time will be arranged and confirmed by the Hirer no later than 5pm on the day before the hire period is to begin and will be scheduled for some time on the first day of the hire period.
Conditions of use
- The equipment will only be used at the event specified by the Hirer in the booking unless otherwise agreed in writing by the Owner.
- The equipment will only be used for the intended purpose as stated in the booking and in accordance with the operational requirements set by the Owner in these Terms and Conditions and in any other operational reference material provided by the Owner (including instructional videos and manuals). The Hirer is liable for the full cost of any damage to the equipment incurred during the hire period if the equipment is used in a manner inconsistent with these Terms and Conditions.
- None of the equipment supplied by the Owner is certified or approved for outdoor use or use in wet weather. The Owner recognises that many clients may intend to use the equipment outdoors and as such has endeavoured to procure equipment that may be reasonably expected to perform safely and to a high standard if operated appropriately in fine weather conditions and away from any liquids. However, the Owner makes no claims as to the suitability of the equipment for outdoor use and it is the sole responsibility of the Hirer to satisfy themselves that the location of, and conditions present during, their intended use of the equipment is safe.
- Under no circumstances may the equipment be allowed to come in contact with water or any other liquid.
- The Hirer will be solely liable for any damage to the equipment or any other harm caused as a result of using the equipment outdoors or allowing the equipment to come in contact with water.
- If the Hirer is unsure as to the safety of the location of, and conditions present during, their intended use of the equipment the Hirer will seek and follow the advice of a qualified electrical professional.
- All equipment is to be returned in the same state as it was hired in. The Hirer shall pay for delivery/removal costs (if applicable), excess use charges, damage to or loss of the equipment, confiscation charges and other fines and professional cleaning costs (if any). The Hirer shall also pay for any costs and/or loss of earnings incurred by the Owner if the equipment is confiscated, or is returned late or in a damaged state such that the equipment is not available or suitable to hire to a future hirer. Such costs would include, but is not limited to, sub-hiring equipment from third parties, transportation of sub-hired equipment, and the resulting loss of earnings if the Owner cannot hire the equipment to any future Hirer.
- The Hirer is liable for repair or replacement costs of hired equipment if it is damaged, destroyed, or confiscated in any way (which includes but is not limited to: misuse, wilful damage, accidental damage, fire, theft, graffiti while in the possession of the Hirer). This cost will be invoiced to the Hirer. The Hirer expressly gives permission to the Owner to recover any charges or debts owed by the Hirer.
Hirer’s Obligations
- The Hirer is responsible for checking the equipment and satisfying themselves that all the equipment is present and in the expected condition upon pickup from the Owner, or upon receipt of the equipment from the shipping agent if applicable. The Owner accepts no responsibility for shortages or claims after the Hirer has taken possession of the equipment. Where the Hirer is not available to check equipment being collected or delivered the Hirer shall not be entitled to subsequently dispute the amount of, or condition of, the equipment.
- If the Hirer finds that an item of equipment is faulty or is otherwise not in working order, the Hirer must notify the Owner immediately. If the Owner is only notified at the completion of the hire period then the Owner is not liable for any compensation to the Hirer.
- The Owner will provide a set of instructional and operational materials (such as, for example, videos and manuals) that will provide the Hirer with all the requisite information for setting up and operating the equipment and trouble-shooting common problems. If the Hirer cannot get the equipment to perform satisfactorily they will in the first instance consult the instructional materials provided by the Owner. If the problem still persists the Hirer will phone the Owner at the earliest possible opportunity to talk through any problems. If the Hirer is still unable to get the equipment to perform satisfactorily and believes there is a problem with the equipment they may request that the Owner comes to inspect the equipment on site. The Owner is not obliged to assist the Hirer on-site and any decision to do so is entirely at the Owner’s discretion. If the Owner comes to inspect the equipment on site and it is found that the equipment contains no fault and the operational problem was because the Hirer failed to follow the instructions provided, then the Hirer will be liable for a minimum call-out fee of $180 (up to 1 hour), and an additional $180 per hour thereafter.
- The Hirer shall:
- Take proper and reasonable care of the equipment at all times; and
- Satisfy themselves that the equipment is suitable for the intended use; and
- Return all equipment in the same state as it was hired; and
- Not attempt to repair or authorise the repair of any equipment without written permission from the Owner or open the protective casing of any equipment whatsoever; and
- Take full responsibility for the security of any Equipment hired while it is in the care of the Hirer, whether within or outside of the Hire period.
- Agree to notify the Owner in writing of any cancellation or alteration of equipment required in accordance with the Payment, Cancellation, and Refund clause in these Terms and Conditions; and
- Indemnify the Owner against any claim made by any person against the Owner for any damage, expense, claim, demand action or loss arising directly or indirectly out of the Hirer’s use or possession of the Equipment; and
- Immediately notify the Owner of any damage to or loss of, or forfeiture of the equipment whatsoever including (by way of example and not limited to) disappearance or theft of equipment, fire, confiscation, negligence or misuse; and
- Use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment, including all regulations pertaining to noise restrictions and the Building Act 2004; and
- Obtain all relevant permits and consents as may be required for use of the Equipment at the Event in the manner which the Hirer intends to use the Equipment. The Owner is in no way responsible for obtaining the required permits, nor is the Owner subject to any liability issue if such permits are not acquired; and
- Comply with all requests from noise control officers and remain within legal noise levels; and
- The Hirer agrees not to affix anything to the Equipment, nor to sit or rest anything on the Equipment, nor use the Equipment to physically support anything else in any way, for any period of time.
- Except as permitted by the Consumer Guarantees Act 1993 the Hirer will not bring or threaten to bring a claim against the Owner for loss or damage incurred or threatened against the Hirer or arising directly or indirectly from the Hirer’s use of the equipment.
Pick-up and return of equipment
- Unless otherwise agreed in writing between the Hirer and the Owner, all equipment is to be picked up and dropped off by the Hirer at ‘The Good Sound’ premises selected by the Hirer in their booking form.
- Unless otherwise agreed in writing by the Owner, the Hirer will return all equipment by the time specified in the booking confirmation but which shall be no later than 5pm on the final day of the hire period. Any equipment returned after the specified return time will incur an additional full standard hire fee of $300.
Booking and Payment
-
Unless otherwise agreed in writing by the Owner, the booking process is as follows:
- Using the online booking calendar on the Owner’s website, the Hirer should check equipment availability for their desired dates by selecting the date they intend to pick up the equipment (for a standard hire this will typically be the day before the event date). By selecting the day prior to the event the booking system will automatically select a 3 day period – comprising the day prior to the event, the event date, and the day after the event, placing a hold on the equipment for those 3 days, pending confirmation of the booking.
- The Hirer will then place a hold on the equipment for the 3 day hire period specified in clause 4.1 by completing a provisional booking. To make a provisional booking the Hirer will complete the online booking process, and provide an approved method of payment, as specified in clause 4.3.
- The Owner accepts two methods of payment:
• a valid credit card from which the Owner will take payment once the booking is confirmed, or
• full payment at time of provisional booking by internet bank transfer.
Unless otherwise agreed in writing by the Owner, the Owner does not accept any other methods of payment, including cash or cheque.
- Once a provisional booking has been completed the Owner will contact the Hirer within 48 hours to:
• discuss the nature of the event, and
• discuss the Hirer’s equipment needs and, if necessary, make any changes to the Equipment package and advise the Hirer of any resulting changes to the hire cost, and confirm if the Hirer accepts those changes to the hire cost, and
• agree and confirm if the Hirer and Owner both wish to proceed with the booking.
- Subsequent to satisfying clause 4.4, if the Hirer has provided a valid credit card number, the Owner will at this point deduct payment of the agreed amount from the credit card provided. If the Hirer has paid using internet banking, then the Owner will at this point issue an invoice for any additional payment required, if any. Once the Owner has received full payment, the Owner will issue the Hirer a receipt and written confirmation of the booking.
- If, subsequent to clause 4.4 either the Hirer or the Owner wish to terminate the booking process, the Owner will immediately delete any credit card information provided by the Hirer, or, if relevant, refund any payment received from the Hirer.
- If, after making a reasonable attempt to contact the Hirer using the means of contact provided by the Hirer in the provisional booking, the Owner is unable to establish contact with the Hirer within 48 hours of receiving the provisional booking, the booking process will be terminated and the hold over the equipment for the dates requested will be removed.
- If the Owner, by their own fault, fails to initiate contact with the Hirer within 48 hours of receiving the provisional booking, the hold placed on the equipment for the dates requested by the Hirer in the provisional booking will remain in place indefinitely until the Owner has made a reasonable attempt to make contact with the Hirer.
- The Owner may, at their sole discretion, choose to terminate the booking process at any point prior to the issue of a booking confirmation if the Owner, for any reason, considers that the equipment they have available for hire is not suitable or appropriate for the Event at which the Hirer intends to use it.
Cancellation and Refunds
Once the Owner has received full payment of the hire fee from the Hirer and has issued the Hirer with a booking confirmation, booking cancellations and refunds will be managed as follows.- Cancellation by the Owner:
If the booking is cancelled by the Owner, the Owner shall refund in full any payment received from the Hirer for the booking. Whether any further compensation may be paid to the Hirer in this situation is at the sole discretion of the Owner. - Cancellation by the Hirer:
If the Hirer wishes to cancel the booking this must be done in writing to the Owner. If the booking is cancelled by the Hirer, the Owner shall refund payment received from the Hirer as follows:
• If cancelled up to 4 calendar weeks prior to the event date stated in the booking form, the Owner will provide the Hirer a full refund of any payment made to the Owner under this booking.
• If cancelled between 4 calendar weeks and 1 calendar week prior to the event date stated in the booking form, the Owner will provide the Hirer a refund of any payment made to the Owner under this booking, less a 20% non-refundable deposit which will be retained by the Owner.
• If cancelled within 1 calendar week of the event date stated in the booking form and prior to the first day of the hire period, the Owner will provide the Hirer a refund of any payment made to the Owner under this booking, less a 50% non-refundable deposit which will be retained by the Owner.
• If cancelled at any time on the day on which the hire period begins, or during the hire period, the Hirer will not be entitled to any refund and the Owner will retain all payment made by the Hirer for the booking. If the Hirer fails to pick up the equipment at the pick-up time without the prior written agreement of the Owner this will be taken to mean the booking has been cancelled by the Hirer and therefore the Hirer will not be entitled to any refund.
Delivery and removal of equipment
- The Owner intends to provide a cost-effective do-it-yourself style service in which the Hirer has the option of either picking up and returning equipment themselves or using the shipping delivery option offered by the Owner. Accordingly, the Owner does not intend to provide a delivery or removal service and is under no obligation to the Hirer to do so.
- The Owner may, at their sole discretion, from time to time agree to deliver, set-up, operate, pack-down, and/or remove equipment for the Hirer. Where such an agreement occurs a price will be agreed in writing between the Owner and the Hirer on a case-by-case basis. Where such an agreement occurs, the Hirer hereby authorises the Owner to bring the Owner’s vehicle onto the place where the equipment is to be used or located to deliver, set up and/or remove the equipment, either on the expiry of the hire period or on the breach by the Hirer of any term in this contract. Neither the Owner nor anyone working on behalf of the Owner will be held liable for any damages which occur during this process, including but not limited to damage to driveways/walkways, grass areas, underground services or any other damage.
- If, for any reason, the Owner believes the Hirer may have breached any term of this contract, the Owner may, at their sole discretion and with or without any prior notice to the Hirer, repossess any or all of the Equipment at any time. This includes but is not limited to the Owner entering the place where the Event is taking place to remove the Equipment. The Owner may also authorise any other person to remove the Equipment under this clause. Where such a removal occurs the Hirer will not be entitled to any refund or compensation. The Owner is not obliged to prove that the Hirer has breached any term of this contract in order to remove the Equipment under this clause.
Shipping option
This section applies to all bookings where the Hirer has opted to use the shipping service offered by the Owner instead of picking up and/or returning the equipment in person.-
Unless otherwise agreed in writing by the Owner, the Hirer must be present at the delivery address to:
• Acknowledge receipt of the equipment from the shipping agent and to;
• Immediately check the equipment and;
• Notify the Owner of any damaged or missing items.
- As specified in the Definitions section of these Terms and Conditions, the hire period begins when the shipping agent has delivered the equipment to the location specified by the Hirer and is no longer in possession of the equipment. At this point the Hirer is solely responsible for the equipment as per all their obligations under these Terms and Conditions regardless of whether the Hirer is yet in direct possession of the equipment.
- The Hirer agrees to ensure that the shipping agent will be able to access the address, site, venue, or location specified in the booking as the place where the equipment is to be shipped to. The Owner is not liable for any loss or inconvenience that the Hirer may experience if the shipping agent is unable to access the specified location or address. If this results in the cancellation of the booking it will be considered a cancellation by the Hirer after the pick-up time and no refund will be provided.
- The Owner reserves the right to refuse delivery and installation of the equipment where the Owner:
a) deems the venue/location unsuitable for use of the equipment,
b) deems the weather conditions as unsuitable for the safe set up and use of the equipment, and/or
c) the Hirer is not present at the property at the time specified between the parties.