Waikato Sound & Lighting 2010 Ltd

Terms and Conditions of Hire and Sale

1. Definitions

“Customer” means the person, firm, or company that agrees to buy or hire goods or services from Waikato Sound & Lighting 2010 Ltd and includes any guarantor under this agreement.

“WSL” means Waikato Sound & Lighting 2010 Ltd, including its agents, employees, successors, and assigns.

“Equipment” means:
(a) All equipment hired by the Customer from WSL at any time, whether listed on a hire form or supplied before or after completion of that form; and
(b) In a contract for sale, all goods purchased by the Customer, including goods supplied for evaluation, testing, or demonstration prior to purchase.

2. Quotations

2.1 Validity

All quotations are valid for thirty (30) days from the date of issue unless otherwise stated.

2.2 Errors and Availability

WSL reserves the right to correct any errors or omissions in quotations and to adjust pricing due to supplier price changes or availability.
All prices are subject to change without notice and are subject to availability.

3. Entire Agreement

These Terms and Conditions constitute the entire agreement between WSL and the Customer and supersede all prior oral or written discussions, representations, or agreements.

These terms prevail over any terms contained in the Customer’s purchase order or other document.

All conditions and warranties other than those implied by statute and which cannot lawfully be excluded are excluded.

4. Payment Terms

4.1 Cash Sales and Hires

Where goods or services are supplied on a cash basis, payment is required in full prior to delivery, collection, or commencement of hire.

4.2 Credit Accounts

Where goods or services are supplied on credit, payment shall be made no later than the 20th day of the month following delivery or possession, whichever occurs first.

Where a prompt-payment discount is offered, payment must be made within seven (7) days or as otherwise stated in the quotation.

4.3 Overdue Payments

Overdue amounts shall accrue interest at 25% per annum, calculated daily from the due date until payment is received in full. WSL may vary this rate without notice.

All costs incurred in recovering overdue amounts, including debt collection and legal fees, shall be payable by the Customer.

Credit accounts may be suspended or cancelled if payment is not made within 120 days.

5. Retention of Title

Ownership of all goods supplied remains with WSL until full payment has been received.

If payment becomes overdue, WSL may enter the Customer’s premises to recover goods and repossess goods without prejudice to any other remedies.

If the Customer on-sells goods prior to payment, the proceeds shall be held on trust for WSL until payment is made in full.

6. Privacy and Credit Information

The Customer authorises WSL to obtain credit information from suppliers, credit agencies, and referees and to disclose information to debt recovery agencies if required, in accordance with the Privacy Act 2020.

7. Remedies and Liability (Sales)

To the extent permitted by law, WSL’s liability is limited to:
(a) Repair or replacement of the goods; or
(b) Refund of the purchase price.

Nothing in these terms excludes or limits rights under the Consumer Guarantees Act 1993, where applicable.

8. Conversion of Hire to Purchase

Where hire equipment is later purchased:

Hire payments are not credited toward the purchase price unless agreed in writing.
Goods sold are non-returnable, except as required by statute.

9. Insurance

WSL does not insure equipment against loss, theft, fire, earthquake, misuse, or abuse.

The Customer is responsible for insuring hired equipment or paying the full replacement or repair cost.

Courier or freight cover is limited to NZD $1,500, unless additional insurance is arranged and paid for in advance.

10. Responsibility for Loss or Damage (Hire)

10.1 The Customer is fully responsible for loss of or damage to hired equipment from any cause.
10.2 Equipment must be used with reasonable care and in accordance with WSL instructions.
10.3 No repairs or modifications may be attempted without WSL approval.
10.4 The Customer shall pay the cost of repair or replacement (whichever is lesser) for damaged or lost equipment.
10.5 Equipment failures must be reported immediately.

11. Hire Periods and Returns

11.1 Hire commences when equipment leaves WSL’s possession and ends when returned to WSL.
11.2 Hire is charged on a 12:00 noon to 12:00 noon basis.
11.3 Equipment must be returned by 10:30am, or 12:30pm Monday for weekend hires.
11.4 Late returns may incur additional charges.
11.5 WSL may withhold bonds or deposits to cover late returns or damage.

12. Cancellation, Date Changes, and Weather (Rain-Outs)

12.1 General

Any request to cancel, postpone, or change a hire date must be made in writing and is subject to acceptance by WSL.

12.2 Date Changes

WSL will use reasonable endeavours to accommodate date changes, subject to availability. Payments already made may be applied to a new date at WSL’s discretion.

12.3 Weather-Related Cancellations (Rain-Outs)

Where a hire is cancelled or postponed due to adverse weather conditions, the Customer acknowledges that WSL may have already incurred costs including preparation, staffing, and transport.
To the extent permitted by the Consumer Guarantees Act 1993 and Fair Trading Act 1986, cash refunds will not be provided for weather-related cancellations once such costs have been incurred.
Where cancellation is notified at least one (1) hour prior to WSL departing its premises with vehicles loaded, WSL may, at its discretion, issue a credit of up to 50% of the hire charge, excluding deposits, labour, and transport.
Where cancellation occurs after WSL has departed or upon arrival on site, WSL may issue a credit of up to 25% of the hire charge, excluding labour, transport, and setup.
Where WSL personnel are on site, equipment has been installed, or setup has commenced, the full hire charge shall be payable, and no refund or credit shall be due, except where required by law.
Any credit issued:
- Is valid for twelve (12) months from the original hire date;
- Is non-transferable and not redeemable for cash;
- May only be applied to future hire services;
- Is subject to availability.
Weather includes rain, wind, lightning, flooding, or any condition which, in WSL’s reasonable opinion, makes the event unsafe or impractical.
Nothing in this clause limits the Customer’s statutory rights where applicable.

13. Exclusions and Limitations

WSL is not liable for:

Radio frequency interference (including digital television or other transmitters);
Power failures or venue power supply issues;
Corrupted electronic audio or visual media not identified at demonstration;
Fire service call-outs caused by smoke, haze, or atmospheric effects equipment;
Delays where time has not been expressly made essential in writing.

14. Acceptance

Payment of a deposit, confirmation of a booking, acceptance of a quotation, acceptance of delivery, or use of the equipment constitutes acceptance of these Terms and Conditions.

Payment Methods

Direct Credit, EFTPOS, or Cash only.