Terms and conditions.
TERMS OF TRADE - HIREAGE
By signing this order you agree to the following terms:
Parties
1. "We", "Us" means Flock Events 2025 Limited
2. "You", "Your" means You, the client who is named in the order.
Our Agreement
3. For each order received by Us from You for the Services, Your order, our acceptance of that order, and these terms of trade shall contain the entire agreement between Us and You ("Agreement") and supersedes all previous arrangements, whether written, oral or both.
Definitions
Collection Date means the collection date(s) specified in the order.
Damage means, but is not limited to, loss of Items including theft, improper use of Items, use in contravention of this Agreement, stains, burns, breakages, tears, scratches, water damage, chipping, or other changes in condition.
Delivery Date means the scheduled date(s) that Items will be supplied at the Location(s) specified in the order for the Scheduled Event.
Deposit means the non-refundable deposit specified in the order.
Items mean the items listed in the order that We agree to hire to you and any other such items that we agree to hire to you in writing.
Location means the location where Items are to be delivered and collected as specified in the order.
Scheduled Event means the event specified in the order for which We are supplying the Services.
Price means the price You agree to pay for the Services specified in clauses 5-8 (inclusive).
Services means (subject to these terms and conditions) those services specified in clause 4.
Working Day means a day which is not a weekend or public holiday.
The Services
4. In consideration of the Price and subject to these terms of trade We agree to:
4.1 Hire to You the Items;
4.2 Deliver the Items to the Location on or before the Delivery Date;
4.3 Collect the Items at the Location on or about the Collection Date; and
4.4 Install any marquee, flooring, staging and or other fixtures (if any) as specified in the order.
Price and Payment
5. You agree to pay the Price (plus GST) as follows:
5.1 The Deposit due immediately upon confirmation of Your order in writing;
5.2 The balance of the hireage charges as specified in the order due no later than 10 Working Days prior to the Delivery Date adjusted for any variations as specified in clauses 14-16 (inclusive); and
5.3 Delivery and collection charges due no later than 10 Working Days of invoice(s) to you acknowledging:
5.3.1 Any specified delivery and collection charges in the order are estimates only; and
5.3.2 You will pay for any additional time (at an hourly rate of $55 per person [subject to change]) required during delivery as a result of circumstances that are unforeseen by Us including, without limitation, gates at the Location being locked, the Location / Scheduled Event not being ready to receive Items at any agreed time on the Delivery Date, excessive stairs (ie more than two flights) or tight / obstructive areas;
5.3.3 You will pay a surcharge for deliveries and/or collections on a(n) (observed) public holiday in accordance with clause 28. Please note: Unless it is expressly recorded in writing, in the order, that the Price includes "statutory delivery" the specified delivery and collection charges in the order (pursuant to clause 5.3.1) DO NOT include the surcharge specified in this sub-clause 5.3.3 and clause 28);
5.3.4 You will pay any re-arranging furniture fee in clause 29.
5.4 Any Additional Charges as specified in clause 7 within 10 Working Days of the date of Our invoice(s) to You.
6. You acknowledge that:
6.1 Payment of any sum due to Us by You including, without limitation, the Price, shall be free of any counterclaim, set-off, deduction or any other claim whatsoever.
6.2 At Our discretion, interest may be charged on overdue accounts at the rate of 2.5% per month (calculated daily).
6.3 You shall be liable for all costs incurred by Us in recovering any sum owed by You to Us including any debt collection agency commission fees and legal costs on a solicitor/client basis.
7. Additional charges include:
7.1 Reasonable charges for additional cleaning required in accordance with clause 9.5;
7.2 Charges for Items that are Damaged or destroyed in accordance with clauses 9.6, 11 and/or 13;
7.3 Actual charges of third party suppliers of Items where those charges exceed estimated sums as specified in the order;
7.4 Payments by You by credit card incur a 4% surcharge; and
7.5 Any loss We suffer as a result of You breaching these terms of trade including, without limitation, not having the Items ready and able to be collected on the Collection Date.
8. You are liable to pay the Price for the Services without deduction even if the Scheduled Event is scaled down, curtailed in length and/or the number of attendees reduced for any reason including, without limitation, adverse weather and/or the impact of COVID-19 or any other pandemic.
Items – Your obligations
9. You agree to:
9.1 Inspect all Items upon delivery. Your acceptance of the Items on delivery confirms that, using Your sole judgement, Items are suitable and in a condition for the purpose intended;
9.2 Ensure that the Items are used safely, for their intended purpose, and in accordance with the law;
9.3 Assume full responsibility and risk for the Items when they have been delivered at the Location until they are collected by Us;
9.4 Ensure that all Items (other than any erected marquee) is stored or moved inside or otherwise under a weathertight cover overnight and when not in use. Any water damage to Items will be charged at a full replacement cost of the Items. (We will provide tarpaulins if requested);
9.5 At Your own expense, clean and rinse off any food and liquid waste, maintain, keep and return the Items in good and substantial repair and condition (fair wear and tear excepted), failing which We may charge You to reinstate the Items to their original condition at the commencement of the hire period;
9.6 Be liable for any loss, theft, Damage or destruction of any Items during the hire period. All Items lost or damaged beyond repair will be paid for by You at the market retail replacement price;
9.7 Accept that Damage resulting from negligence or misuse by You or any person authorised to use the Items during the hire period shall not in any circumstances shorten the period of hire;
9.8 Ensure that none of the Items are removed from the Location and are only used for the Scheduled Event;
9.9 Ensure that the Items are ready and available for collection on the Collection Date;
9.10 Ensure that We have uninhibited rights of ingress and egress to and from the Location and access to all areas within the Location necessary for the Services to be performed;
9.11 Candidly and honestly notify Us of any Damage to any Items;
9.12 Without limiting Your obligations in this clause 9, where the Items hired from Us include a marquee:
9.12.1 if We have agreed to install the marquee, You shall provide to Us an underground plan showing the drainage, water and electrical power services ("the Utilities"). In the event that You fail to provide such a plan you will be liable for any damage to the Utilities and, without limiting clause 9, You will indemnify Us from any claim (including without limitation claims for consequential damage and costs) by any third party arising from any damage to the Utilities; and
9.12.2 You will be responsible at Your own expense to identify and obtain all consents, permits, licences and other regulatory requirements necessary to lawfully erect and use any marquee. You will indemnify Us against any loss or fine imposed on Us as a result of Your non-compliance with this clause whether We are engaged by You to assist with the relevant consent, permit, licence or regulatory process or not.
Items - Damage
10. We will assess Items for Damage after collection.
11. We repeat clause 9.6. Fair wear and tear excepted, You will be liable for any loss, theft, Damage or destruction of any Items during the hire period. You will pay for the repair costs of Items reasonably capable of repair at the market retail repair cost. All Items lost or damaged beyond repair will be paid for by You at the market retail replacement price.
12. You acknowledge that We will determine whether Damage is fair wear and tear applying Our industry expertise.
13. We will invoice You requiring payment of any costs pursuant to clause 11 as soon as is reasonably practicable, usually (but not always) within 10 Working Days of the Collection Date.
Variations Requested by You
14. Any variations to Your order requested by You are not permitted unless agreed by Us in writing. You acknowledge that We are under no obligation to accept any variations to Your order requested by You.
15. Without limiting clause 14, variations to Your order will not be permitted if:
15.1 They reduce Your order by more than 15% of the product Price (ex delivery); or
15.2 They are sought within 60 days of the scheduled Delivery Date.
16. For the avoidance of doubt, nothing in clauses 14 and 15 limit clauses 20 – 25 (inclusive) of these terms of trade.
Cancellations / Postponements
17. The following cancellation policy applies acknowledging that from the time your order is confirmed:
17.1 We will be undertaking work in preparation for your Scheduled Event;
17.2 We will also be incurring costs. Such costs may include payments to third parties and/or commitments to pay third parties;
17.3 The risk that cancelled bookings cannot be replaced (with an equivalent booking) is high – particularly as the Scheduled Event approaches; and
17.4 The commercial reality is that we cannot assume all of the risk of cancellation. That risk must be assumed by You to the extent specified below:
18. We may cancel this Agreement for any reason whatsoever by providing written (including email) notice to you. Without limiting the generality of the foregoing, circumstances where we are likely to cancel include if:
18.1 You do not pay the deposit with 24 hours of it being due for payment;
18.2 Natural disaster; and /or
18.3 Any other reason that makes the provision of the Services uneconomic.
19. In the event We cancel this Agreement in accordance with clause 18 We will return your Deposit and refund any of the Price paid by You to Us. You acknowledge that You will have no claim against Us (whether in contract, equity or tort) as a result of Our cancellation.
20. If You cancel more than 90 days prior to the Delivery Date You will forfeit the Deposit and the any balance of the Price paid by You (if any) will be refunded.
21. If You cancel between 60 – 89 days prior to the Delivery Date You will forfeit the Deposit and incur a 75% cancellation fee.
22. If You cancel less than 60 days prior to the Delivery Date You will forfeit the Deposit and incur a 100% cancellation fee.
23. Clauses 20, 21, and 22 will apply without limitation including cancellation due to an unexpected or unforeseen circumstance such as a pandemic, natural disaster or bereavement save that:
23.1 No cancellation fee will be charged (albeit the Deposit remains non-refundable) if there are orders pursuant to the COVID-19 Public Health Response Act 2020 (or other legislation) and the effect of such restrictions is that personal movement in the location of the Scheduled Event is restricted and the Scheduled Event is "prohibited in its totality"; and
23.2 For the avoidance of doubt, any Scheduled Event is not "prohibited in its totality" if, as a result of government mandated or sanctioned restrictions, the number of attendees at the Scheduled Event are limited, the scale of the Scheduled Event is reduced and/or the length of the event is curtailed.
24. A Scheduled Event will not be cancelled in the event it is postponed to a date that We and You agree in writing that is:
24.1 Within 12 months of the Scheduled Event;
24.2 Outside of Our peak periods of January to March (inclusive) and any public holiday weekend;
24.3 No less than 90 days after the Scheduled Event;
24.4 Not a repeat postponement of the Scheduled Event; and
24.5 A date when We have capacity to supply our services having regard to other commercial demands.
25. For the avoidance of doubt, any postponement / rescheduling of a Scheduled Event that does not meet the criteria in clause 24 is deemed to be a cancellation and the cancellation policy above will apply.
Delivery and Collection
26. We will deliver and collect the Items at the times pre-arranged on the Delivery Date and the Collection Date respectively. The cost of delivery and collection will be charged to you based on the estimate in the order and the actual delivery and collection services supplied. If the event is booked 6 months prior to the event date, We reserve the right to alter the delivery fee up to 20%. Refer to clause 5.3.
27. We will confirm delivery and collection times (usually no later than 10 Working Days) before the Scheduled Event. These times are an estimate and We will do our best to meet them. However, We accept no liability for late delivery or collection for any reason whatsoever.
28. We may require you to accept an earlier Delivery Date or later Collection Date to avoid public holidays. Please note that a 15% surcharge may be added to any deliveries or collections required on a(n) (observed) public holiday (Please note: Unless it is expressly recorded in writing, in the order, that the Price includes "statutory delivery" the specified delivery and collection charges in the order (pursuant to clause 5.3.1) DO NOT include the surcharge specified in sub-clause 5.3.3).
29. If You provide Us with a floor plan at least 10 Working Days before the Scheduled Event, We will use Our reasonable endeavours to deliver and unload Items in accordance with Your floor plan. If You request Us to re-arrange Items (not in accordance with Your floor plan), and having regard to Our other commercial commitments We are able to do so, You will be charged at an hourly rate of $55 per person.
Substitution
30. We deal in unique and uncommon furniture items. You acknowledge that We may, at Our absolute discretion, substitute any Items.
31. If we substitute an item for a lower priced Item, we will refund the difference.
Liability
32. Notwithstanding anything in this Agreement (including these terms of trade) or at law or in equity to the contrary, We (including, without limitation, our directors, employees, representatives, contractors and/or agents) will not be liable for any direct, indirect or consequential loss suffered by You arising howsoever from:-
32.1 the supply of any Items and/or related Service by Us to You;
32.2 the use of any Items supplied by Us to You;
32.3 any Items being supplied by Us to You not being fit for their intended purpose including, without limitation, any marquee, tent or tarpaulin not being weatherproof and allowing water ingress; and/or
32.4 any failure of any Items supplied by Us to operate at all or otherwise to reasonable standards for any reason whatsoever including (without limitation) negligence.
33. Our liability in relation to this Agreement and all related matters (whether arising under contract, tort (including negligence), equity or otherwise) will be limited to being the lesser of Your actual loss or the Price.
34. You indemnify Us against all and any claims by any third party for losses, including costs (whether arising under tort (including negligence), equity or otherwise) arising from any act of, or omission by, Us in Our performance of or incidental to this Agreement.
Consumer Guarantees Act 1993
35. Nothing in these terms of trade are intended to have the effect of contracting out of the Consumer Guarantees Act 1993 ("the Act") save to the extent permitted by the Act; and this Agreement is to be modified to give effect to that intention. Where We have supplied Items and/or Services to You for business purposes, You acknowledge that the Act does not apply.
Privacy Act
36. You authorise Us to collect, retain, use and disclose any personal or information about You for the following purposes (in addition to any purposes otherwise authorised by law):
36.1 enabling Us to perform Our obligations pursuant to any Agreement;
36.2 assessing Your credit worthiness;
36.3 administering, whether directly or indirectly, any Agreement with You and enforcing Our rights thereunder; and
36.4 enabling Us to communicate with You for any purpose.
37. You, if an individual, have a right of access to Your personal information held by Us. You may request correction of that information and may require that the request be stored with that information. We may charge reasonable costs in providing access to that information.
Photo Release
38. You agree to grant permission for Us to use photographs of the event in a promotional capacity. We may use the photographs on our website, social media, print marketing materials, and other promotional locations.
39. You agree to waive any right to payment or royalties for the images and waive the right to approve the photographs before use.
Insurance
40. You are strongly recommended to obtain insurance to cover You for losses in the event that:
40.1. the Scheduled Event is cancelled or postponed;
40.2. Any Items are Damaged or destroyed;
40.3. Liability including, without limitation, liability to Us and/or any third party arising from the performance of or incidental to this Agreement by Us or You or any breach of the Agreement by You.
General
41. You cannot assign this Agreement in whole or in part to any other party. You agree not to sublet the hired items.
42. No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
43. The rights, obligations and warranties contained in this Agreement shall not merge on completion of the Services contemplated by it but will remain in full force until satisfied.
44. If any provision of this Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
45. You acknowledge that You have relied on Your own judgement in entering into this Agreement and that You have not entered into this Agreement relying on any representation (express or implied) made by Us.
46. You acknowledge that You have relied on Your own judgement in entering into this Agreement and that You have not entered into this Agreement relying on any representation (express or implied) made by Us.
47. This Agreement is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of New Zealand's Courts.