Terms of Trade

ROLLESTON COSTUME & EVENT HIRE LIMITED TERMS OF
TRADE

These terms of trade set out below govern the hire of all costumes, accessories
and items used for events (“the Property”) from Rolleston Costume & Event Hire
Limited (“RCEHL”) to the customer (“the Hirer”). The Hirer’s acceptance of the
Property from RCEHL indicates their acceptance of these terms of trade. These
terms of trade are effective 1 September 2020 and replace all previous terms of
trade between the Hirer and RCEHL.

1. Hirer Obligations

1.1 The Hirer agrees to pay RCEHL the full hire fee by the due date set out in the
Hire Agreement.
1.2 The Hirer agrees to pay a bond should it be requested at the discretion of
RCEHL. Any bond paid by the Hirer shall be refunded in full upon the return of
the Property clean and in good order and repair. If the Property is not returned
clean and in good order and repair, then RCEHL shall be entitled to retain the
bond to repair or clean the Property.
1.3 The Hirer agrees to return the property to RCEHL in the same condition as it
was received, on the return date detailed in the Hire Agreement.
1.4 The Hirer agrees not to smoke when wearing any costume hired from
RCEHL. In the event that the Hirer does they agree to pay any costs of any
damage caused to the costume.
1.5 The Hirer agrees that he or she will retain possession of the Property during
the hire and look after the Property as if it was the Hirer’s.
1.6 The Hirer acknowledges that current photo identification is required for all
event product hires.
1.8 The Hirer agrees to use the Property strictly in accordance with any
instructions provided by RCEHL.
1.9 The Hirer shall not use the Property in violation of any law, statute or
regulation currently in force in New Zealand.
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1.10 The Hirer acknowledges that if the hire is for business purposes then the
Consumer Guarantees Act will not apply.
1.11 The Hirer agrees not to alter the Property nor attempt to clean it unless
specified in instructions for event hire products.

2. RCEHL Obligations

2.1 RCEHL agrees to provide Property that is fit for purpose and able to be used
successfully for its intended purpose, where the Hirer has made that purpose
known to RCEHL in writing on the Hire Agreement.
2.2 RCEHL confirms that the Hirer has the right under the Privacy Act to access
and request amendments to their information held by RCEHL.

3. Ownership of Property

3.1 The Property the Hirer takes possession of, as detailed in the Hire Agreement,
is owned by RCEHL who will retain ownership throughout the hire period. The
Hirer shall have no right title or interest in the Property.
3.2 The Hirer has examined the Property and acknowledges that the Property is
clean, in good condition and is safe and suitable for its intended use.

4. Liability of Property

4.1 RCEHL will not be liable in any way in respect of any claim made against the
Hirer for any damage caused by the Hirers use of the Property.
4.2 RCEHL will not be liable in relation to any claim or series of related claims
for any amount that exceeds 2.5 times the hire charge.
4.3 RCEHL shall under no circumstances be liable to the Hirer for any loss of
income, profits savings or goodwill or any indirect or consequential loss or
special or exemplary damages.
4.4 The Hirer agrees that he or she is liable to RCEHL for any loss or damage to
the Property, or part of the Property and may be required to meet the replacement,
repair or cleaning costs of the property.
4.5 Any debt collection or legal costs incurred in collecting payment of any
amount payable under the Hire Agreement or these Terms of Trade will be the
responsibility of the Hirer.

5. Default and Consequences of Default
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5.1 RCEHL reserves the right to charge Five Dollars ($5.00) plus GST per day if
a costume or accessory Property is not returned by the date specified in the Hire
Agreement.
5.2 The Hirer will pay the replacement or repair cost for the Property if it is lost
or damaged.

6. Contract

6.1 The parties acknowledge and agree that in the case of any conflict between
the Hire Agreement and these terms of trade, the Hire Agreement will prevail.

7. Force Majeure

7.1 RCEHL shall not be liable for failure or delay to perform its obligations if the
delay or failure is beyond its control, or as a result of an Act of God.

8. Waiver

8.1 All the rights, exemptions and remedies of RCEHL remain in full force
notwithstanding any neglect, forbearance or delay in their enforcement.
8.2 RCEHL is not deemed to have waived any terms unless such waiver is in
writing.

9. No Assignment of Property

9.1 The Hirer may not assign all or any of the Hirer’s right or obligations under
the Hire Agreement.

10. Law and Jurisdiction

10.1 The contract in all respects is deemed to be a contract made in New Zealand
and is governed exclusively by New Zealand Law.
10.2 The contract and these terms of trade are the entire Agreement between
RCEHL and the Hirer, and supersede all representations, agreement and other
communication.

11. Payment & Cancellation Event Hire Products

11.1 Any items booked for hire that are $100 or less must be paid in full at the
time of booking.
11.2. A 50% non refundable deposit is required at the time of booking to secure
your booking.
11.3 The balance of monies owing is due 14 working days prior to pick up/
delivery date. This is then non refundable.
11.4. A refundable bond of $100 is taken at time of pick up delivery for event hire
items.
11.5 There will be no refund given for items hired but not used.

12. Payment & Cancellation - Costume Hire

12.1 Full payment for costume hire is required at the time of booking.
12.2 In the event of cancellation for costume hire by the Hirer there will be a $10
administration fee charged per costume. Or you can opt to have a full store credit
to be used at a later date. No refund will be given for a costume cancellation 5
days prior to the date the costume is due to be collected.
12.3. There will be no refund given for costumes/items hired but not used.
12.4. Please note all of the above terms of trade apply in all circumstances
including pandemic/natural disaster and other unforeseen situations.

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