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 alwats aiming to improve it.
When any monies are received for a hire you automatically adhere to these conditions and enter into an agreement between Party Direct LTD and the Hirer or Hirer’s 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 (022 521 0891) 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 judgement 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. ANZ: 06-0185-0861412-01 (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.