1. Agreement:
o This agreement is between Daughters Catering & Decorating and the hirer named
o The Hirer hires Daughters Catering & Decorating customized Decorating equipment and/or any other equipment specified, for the hire period set of this agreement for pick up from 60 Waimahia Ave, Weymouth on _____________to be returned on _______________, to the above address, and on the terms and conditions set out in this agreement.
2. Payments:
o The Hirer must pay Daughters Catering & Decorating the total hire fees set as agreed before uplifting the Equipment.
o A 10% booking fee to secure your equipment
o Any cancellations within 24hours of collection forfeit the booking fee
o Late return will incur a 20% late fee per day
o Refundable Bond 50% of total package
o Laundry fee included (DO NOT to launder)
3. Title and risk: The Equipment remains Daughters Catering & Decorating property at all times. Risk in the Equipment shall pass to the Hirer as at the date the Hirer takes possession of the Equipment.
4. Hirer’s obligations: The Hirer must:
o keep the Equipment in good condition at all times during the hire period.
o immediately notify Daughters Catering & Decorating in writing of any loss or damage to the Equipment.
o not modify, repair or make any addition to, the Equipment (including by having any person than Daughters Catering & Decorating perform repairs or maintenance to it), nor alter any identifying mark or number.
o not transfer, sell, dispose or encumber the Equipment in any way.
o not assign this agreement or the Hirer’s rights under it to any third party.
o use the Equipment only in accordance with Daughters Catering & Decorating instructions and in accordance with all applicable laws.
o only allow the Equipment to be used by persons aged 18 or over; `
o at the expiration of the hire period, return the Equipment in good clean order, repair and condition to Daughters Catering & Decorating at the address the Equipment was collected from.
o Any damages will incur a like for like replacement
5. Liability:
o To the fullest extent permitted by law, Daughters Catering & Decorating excludes all liability for any loss or injury to any person, or any damage to, or loss or destruction of, property, directly or indirectly arising from the possession, control, operation, condition or use of any Equipment.
o Notwithstanding the foregoing, Daughters Catering & Decorating liability in connection with this agreement or any Equipment (including for breach of any condition or warranty implied into this agreement by law) shall be limited to the total hire fees payable for the Equipment.
o In no circumstances shall Daughters Catering & Decorating be liable to the Hirer for indirect or consequential loss or damage, or any loss of profits, business or opportunity.
6. Indemnity: The Hirer indemnifies Daughters Catering & Decorating against:
o all loss, damage, liabilities, claims (including claims by third parties) and costs (including legal fees on a solicitor – own client basis) arising out of:
§ the Hirer’s operation, use or keeping of the Equipment;
§ the negligence of the Hirer or anyone for whom the Hirer is responsible;
§ a breach by the Hirer of any term of this agreement;
o any legal or other costs incurred by Daughters Catering & Decorating in enforcing Daughters Catering & Decorating rights under this Agreement; and
o any loss or damage to the Equipment, howsoever caused.
7. Default: Daughters Catering & Decorating may terminate this agreement immediately without notice to the Hirer if:
o the Hirer breaches any provision of this agreement; or
o Daughters Catering & Decorating is of the opinion that the Hirer will in the future breach its obligations under the agreement.
8. Effect of termination: At the end of the hire period, or on termination of this agreement for any reason, the Hirer must immediately return the Equipment to Daughters Catering & Decorating and failing such return Daughters Catering & Decorating may repossess the Equipment. The Hirer consents to Daughters Catering & Decorating entering the address (and any other place where the Equipment is situated) for the purposes of repossessing the Equipment.
9. Holding over: If the Hirer fails to return the Equipment at the end of the hire period, Daughters Catering & Decorating may, in addition to its other rights in respect of breach of this agreement, charge the Hirer, (for every hour or part of an hour that the Equipment is returned late) at the late fee rate set out on page 1, until the Hirer returns, or Daughters Catering & Decorating otherwise repossesses, the Equipment (holding over period). These terms and conditions shall continue to apply to the holding over period.
10. Governing law: This agreement is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.
11. Interpretation:
o Any reference to the Equipment shall include any attachments to the Equipment or any parts or accessories from time to time in addition to or in replacement of any part of the Equipment;
o Any reference to “includes”, including” or similar implies no limitation.
12. Description of hired goods ie below
o 24 Hessian Runners
o 16 Beige Runners
o 150 White seat covers
o 60 Succulents
o 9 Large Topiary and white stone
o 5 Small Topiary and white stone
o 30 Water Fountain (Batteries not included)
o 25 White tablecloths
o Treated table ready driftwood
Hirer Signature__________________________ Date _______________________________________
Daughters Representative__________________ Date _______________________________________