Terms of service
Terms and Conditions
Click For Hire Ltd agree to supply hire goods (“the hire Goods”) to you, the Customer, in return for the payment of the price for those Goods and according to these Terms and Conditions. Acceptance of delivery or receipt of any hire Goods will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms and Conditions.
PRICES AND QUOTATIONS
1. All prices published on www.clickforhire.co.nz are for a one day hire only. The minimum charge for any hiring is the rate for one day irrespective of the length of hire. Prices to hire Goods for a longer period are available on request.
2. All published prices are plus the applicable rate of GST.
3. All published prices are subject to change without notice.
4. Quotations are valid for acceptance for a period of 14 days from the date of issue to ensure Goods are available at the quoted price quoted. Acceptance of quotations after 14 days may be subject to price changes without notice. Availability of hire items may also be affected.
5. All quotations given by Click for Hire are subject to the Goods being available at the time the order is dispatched. Click for Hire will use their best endeavours to provide the Goods as requested, but reserves the right to substitute similar Goods, unless specifically requested in writing by the Customer that the Customer will not accept any substitution for Goods ordered.
6. Orders for quantities other than those specified in a quotation will be subject to the appropriate price adjustment.
7. Any changes to an order made by the Customer after 4.00pm on the day before the delivery date (as set out in Clause 19) of the hire Goods may incur extra cost to unpack and repack the order charged at the rate of $40 + GST per hour, such charge at the discretion of Click for Hire.
USE OF GOODS/INSURANCE
8. The hire Goods are insured by Click for Hire when located in Click for Hire premises or vehicles only.
9. The hire Goods are not insured by Click for Hire at the point the hire Goods are either collected by the Customer and/or delivered to the Customer’s premises.
10. The Customer accepts full responsibility for the correct and safe manner of use of the Hire Goods.
11. It is the Customer’s responsibility to guard against loss or damage to the hire Goods when they are in their care until they are returned or collected.
12. The Customer shall pay at replacement cost for all damage, loss or breakage of hire Goods (including any packaging) including any extraordinary dry cleaning costs.
PAYMENT, INTEREST AND COLLECTION COSTS
13. Payment for the hire Goods is required before or on delivery to the Customer or on pick up by the Customer personally, unless the Customer operates a credit account with Click for Hire.
14. A non account Customer is required to pay in full for the cost of the hire Goods, preferably by credit card (in the name of the Customer or in the case where the Customer is a limited liability company/a trust, in the name of a director/trustee of the Customer to Click for Hire) at the time of delivery or pick up of the Goods.
15. The Customer authorises and consents to Click for Hire charging the Customer’s credit card on return of the goods with any charges for any losses and/or breakages and/or damage to the hire Goods.
16. Where the Customer operates a credit account with Click for Hire payment is due on the 20th day of the month following delivery of the hire Goods. Click for Hire can alter the terms of payment with effect from the date that the Customer is notified in writing of such change.
17. An invoice will be issued by Click for Hire at the time of delivery. Click for Hire will issue invoices within 7 days of return of goods for charges incurred for losses and/or breakages and/or damage to the hire Goods.
18. The Customer must not withhold payment or make any deductions of any nature whether by way of set off, counterclaim or otherwise from any amount owed to Click for Hire.
19. Click for Hire can impose a credit limit on the Customer at any time, and alter it at their sole discretion with effect from the date that Click for Hire notify the Customer of such change. If the Customer exceed their credit limit, Click for Hire can refuse to supply goods. If Click for Hire at any time considers the Customer’s credit worthiness to be unsatisfactory, Click for Hire can require payment for goods in advance prior to delivery to the Customer.
20. When payment is not made of monies owed to Click for Hire (“the unpaid monies”) within 10 days of the due date, Click for Hire may without prejudice to any other rights that Click for Hire may have under these Terms and Conditions of Trade or under any other applicable law:
a. Demand immediate payment of all or any part of any moneys owing (whether or not then due);
b. Charge penalty interest at a rate of 5% above Click for Hire’s overdraft rate calculated on a daily basis on the unpaid monies from the due date until payment in full is made;
c. Withhold without notice delivery or supply of Goods ordered by you;
d. Cancel this agreement and seek damages;
e. Recover any Goods delivered to you. You agree we may enter your premises or any other place where the Goods are stored, or where we reasonably believe the Goods may be stored, and take possession of the Goods, even if we do not have priority over other persons having a Security Interest in the Goods. Sections 108, 109 and 120 of the PPSA do not apply to the extent that they are inconsistent with this clause.
21. The Customer shall pay, on demand; all costs incurred by Click for Hire (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid monies and/or the enforcement of these Terms and Conditions.
DELIVERY AND COLLECTION
22. The Customer will pay for all delivery costs. All times stated or quoted for delivery are approximate.
23. The Customer authorised Click for Hire to bring its vehicle onto his/her property to both deliver and to collect the hire goods. Click for Hire shall not be responsible to the Customer or any third parties for any damage that may be done to driveways or underground services by any reason including but not limited to the weight of the vehicle.
24. Delivery Date: It is Click for Hire’s usual policy to deliver the hire Goods on the day before the function date (eg: deliver Friday for a Saturday night function) and collect the hire Goods on the first working day after the function. The Customer must request Click for Hire at the time of placing the order for the hire Goods for any change in the usual policy of delivery and collection. Click for Hire reserves the right to amend their usual policy.
25. Click for Hire reserves the right to arrange with the Customer to collect the hire Goods on a Saturday or Sunday or public holiday if Click for Hire require the use of those hire Goods for another Customer.
26. Any deliveries of hire Goods by Click for Hire to third parties or unoccupied premises are made entirely at the Customer’s risk.
27. Click for Hire reserve the right to make an extra charge for delivery if access is difficult or restricted in any way.
28. All hire Goods are to be packed up in the packing material provided and placed in an accessible position if being collected by Click for Hire. Return visits by Click for Hire to collect missing hire Goods will incur additional costs; alternatively the Customer will return the hire Goods to Click for Hire’s premises.
29. In the event that the Customer’s premises are closed or have been taken over by any third party, the Customer hereby authorises Click for Hire to re-enter for the sole purpose of recovery of Click for Hire’s hire Goods.
SUITABILITY
30. The Customer acknowledges and accepts that he/she/it has viewed Click for Hire’s portfolio and has determined that the hire Goods are of acceptable quality, fit for the Customer’s purpose and comply with any previous description of the Goods given by Click for Hire.
31. No warranty, either express or implied, is given by Click for Hire as to the fitness or otherwise of any of the Goods for any purpose and no liability arising from any unsuitability of such of the Goods is accepted by Click for Hire.
32. All hire Goods are carefully checked against the Customer’s order when packed. It is the Customer’s responsibility to check the hire Goods upon delivery and immediately notify Click for Hire of any discrepancies and/or damages between the hire Goods supplied and the hire Goods delivered. Click for Hire will not consider any complaints of discrepancies after the return or collection of the hire Goods.
33. Click for Hire accepts no liability for, nor will the Customer seek to impose any liability for any consequential loss or damage suffered by the Customer or any other third party which may in any way arise out of the hire Goods supplied by Click for Hire or any defect in the same or any use of the hire Goods hired by the Customer.
OWNERSHIP
34. The Customer acknowledges and agrees that Click for Hire shall remain the owner of the Goods and that nothing contained in the contract shall entitle the Customer to become the owner of the Goods.
NOTICES
35. Any notice required to be given under this contract in writing shall be signed by or on behalf of the party giving the same and may either be delivered personally, posted, or sent by facsimile transmission or email to the party to whom it is to be given at its address (if any) set out on the front page of this contract.
36. Any notice sent in writing under this agreement shall for all purposes be deemed to have been served (if delivered personally) at the time of delivery or (if sent by post) two Working Days after it has been posted and (if transmitted by facsimile or email) at the time the senders fax or computer generates a written report confirming successful transmission.
37. A “Working Day” means any day of the week other than Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour day, the Sovereign’s birthday and Waitangi Day and the period commencing the 25th day of December in any year and ending with the 2nd day of January in the following year.
CANCELLATION/VARIATIONS
38. Variations to arrangements to hire Goods after Click for Hire has delivered the hire Goods to the Customer will only be accepted in writing and Click for Hire reserves the absolute unfettered right to decline any such variation.
39. Click for Hire reserves the right to charge a cancellation fee of 20% of the cost of the hire Goods in the event the Customer cancels an order within 1 week of the delivery date.
USE OF INFORMATION
40. The Customer agrees that Click for Hire may obtain information about the Customer from the Customer or any other person (including any credit or debt collection agencies) in the course of operating their business, and the Customer consents to any person providing Click for Hire with such information.
41. The Customer agrees that Click for Hire may give any information it has about the Customer relating to the Customer’s credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
42. If the Customer is an individual, i.e. a natural person, the Customer has rights under the Privacy Act 1993 to access and request the correction of any personal information that Click for Hire hold about you.
MISCELLANEOUS
43. These terms apply to all transactions where Click for Hire supply hire Goods. If there is any inconsistency between these terms and any order submitted by the Customer or any other arrangement with Click for Hire, these terms prevail unless otherwise agreed by Click for Hire in writing.
44. The Customer shall not sublet the hire Goods to any other person except that employees of the Customer may use the hire Goods in conformity with this contract. The Customer shall not transfer or assign all or any rights or obligations under this contract without the prior written consent of Click for Hire.
45. In the event that any part or parts of these Terms and Conditions shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining terms which shall remain in full force and effect as if such part or parts held to be illegal or void had not been included in these Terms and Conditions.
46. Click for Hire’s contract with the Customer and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. The Customer agrees to submit to the exclusive jurisdiction of the New Zealand Courts.