Terms & Conditions
Christchurch Decor Solutions Limited – Terms and Conditions of Service (Terms)
Christchurch Decor Solutions Limited (Christchurch Decor Solutions, we or us) agrees to supply goods and services (the Services), including without limitation the temporary hire of items, to you, the Customer, in return for payment of the price for those Services subject to these Terms. Acceptance of delivery or receipt of any Services will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms. If there is more than one of you, your liability is joint and several.
1. Conditions of Hire
1.1 Where we agree to hire any items to you (Hire Items), you take the hire of the Hire Items subject to these terms. We retain full title to the Hire Items, subject only to your rights as a mere bailee of the Hire Items.
1.2 The period of hire of the Hire Items (Period of Hire) will commence on the date of hire we have agreed with you, and continue until the agreed end date. The maximum period of hire we will accept is 3 consecutive days, which allows for delivery/collection, set up, use, pack down, removal and return. You may arrange delivery and removal of Hire Items at any time during the Period of Hire, but will remain obligated to pay for the full Period of Hire.
1.3 You are responsible for the condition of the Hire Items, and for any missing items, from the time we leave the items at your chosen your location (even if we provide delivery Services on your behalf from our premises). It is your responsibility to arrange for someone to meet with us at your chosen location agreed upon on your invoice. It is your responsibility to have someone inspect the Hire Items before we leave your chosen location. You may not dispute responsibility for any damage, faults or shortages in the Hire Items that you do not bring to our attention before we leave your chosen location.
1.4 You acknowledge that, although we advertise the Hire Items on our website using actual photos of hire items, the images on our website do not perfectly represent the Hire Items. It is your responsibility to satisfy yourself as to the suitability of any Hire Items before placing an order with us. You are not entitled to any refund of any part of the price where you consider that an item is unsuitable for your intended use.
1.5 You must not:
(a) use any of the Hire Items for any purpose for which it was not designed;
(b) make any alterations or modifications to any Hire Item;
(c) part with possession of the Hire Items;
(d) attempt to sell or otherwise deal with the Hire Items; or
(e) remove any identification marks from the Hire Items.
2. Quotations, Invoices and Payment
2.1 All prices listed on our website are subject to change without prior notice to you.
2.2 Any quote we give is only binding on us, subject to these Terms, if you give written confirmation of acceptance (including by email) within 3 days of the quote being given to you. If you confirm a booking after our quote has expired, your booking will be subject to our pricing as at the time the booking is made.
2.3 After we send you a quote, some Hire Items may become unavailable for hire for reasons including without limitation damage by another customer or where another customer makes and confirms a booking before you have accepted our quote. We may exclude such Hire Items from your booking even if they were listed in a quote we gave you.
2.4 Once you have confirmed acceptance of our quote, we will send you an invoice setting out the agreed services and all Hire Items from the quote that remain available for hire. You must pay 50% of the invoice amount as a non-refundable deposit within 3 days of the date of our invoice. We will hold the Hire Items listed in the invoice during that 3 day period, but may hire them out to other customers if we do not receive your payment of the deposit within that 3 day period. If your hire date is within 3 weeks of when your booking request is made you must make payment within 24 hours rather than 3 days.
2.5 The remaining balance of our invoice is payable on the date 1 month before your agreed hire date and is non-refundable. If the value of your order is $350 or less or if the hire date is less than 1 month away, full payment is required within 3 days of the date of our invoice, and this is non-refundable. If item(s) are being sourced especially for you, full payment may also be required within 3 days of the date of our invoice at our sole discretion, and this payment will also be non-refundable.
2.6 Details of our bank account for payments are as follows:
2.7 Where our quote includes the provision of services (such as delivery and set up), it is given strictly on the basis that the Services to which the quote relates will proceed in the usual course and without unforeseen difficulties or delays. If additional work is requested by you, or if additional work is required that was not reasonably foreseeable by us at the time of providing the quote, we may charge for such additional work at our usual rate. If you wish to make any reductions to services you have already paid for, you will not be entitled to a refund.
2.8 All prices exclude GST and any insurance/freight/delivery/handling charges that are not expressly included in the price. You agree to pay these items (as applicable) in addition to the price, whether they are imposed before or after your order.
2.9 We can impose a credit limit on you (or refuse to allow you any credit) at any time, and alter it at our sole discretion. Where you are hiring Hire Items from us, we may require you to pay a bond as security for the proper return of the Hire Items in accordance with these terms. We will return the bond to you once all the Hire Items have been returned, but may deduct from the bond the cost of replacing any Hire Items that are damaged or not returned, and any costs we incur by reason of late return of the Hire Items.
2.10 You must not withhold payment or make any deductions of any nature whether by way of set off (legal, equitable or otherwise), counterclaim or otherwise from any amount you owe us. Any default in payment will make all money payable by you to us immediately due and we may withhold delivery of hire items and/or provision of Services until you provide payment of all money payable by you to us. Default in payment also entitles us to cancel any order we have accepted from you. You will not be entitled to any refund of payment for any such cancelled order.
2.11 If you cancel an order or any part of any order, whether for Hire Items or for other Services, you are not entitled to refund of any amounts you have paid in respect of the order or the relevant part of the order, and remain liable to pay any amounts that were due for payment on or before the day on which you cancelled the order or part order.
3. Delivery and Set up of Hire Items
3.1 All Hire Items require our Delivery & Set up services. It is your responsibility to contact us, no later than 1 week before the date of when these Services will be required, to arrange the days and times for delivery and removal of the Hire Items. If you do not reach out to arrange delivery and return times with us by the cut off days outlined above, you will incur a surcharge of 25% of the entire booking fee for late notice which will need to be paid before we can deliver the items to you. If this surcharge is not paid upon receipt you will forfeit your non refundable booking completely.
3.2 It is your responsibility to provide us with clear instructions on how and where you wish for us to set up the Hired Items (unless you have paid for our Styling Service). If you cannot provide us with clear instructions on how and where to set up the Hired Items, you or someone on your behalf must be present at the location during the delivery and set up of your Hired Items. If you ask someone else to be present at your location on your behalf, you must make them aware of these Terms and our address. You remain responsible for arranging delivery and return appointments with us in the required timeframe.
3.3 It is your responsibility to make sure the Hired Items remain in the same condition when they were left in your possession. We may charge you for cost of cleaning any Hire Items that are not clean when we return for pack down and removal and for repairing or replacing damaged Hire Items. These costs include any related costs such as the cost of delivering any Hire Items to a third party for repair. We are also entitled to claim costs for our time in pursuing any debt owed to us by you for damaged or lost Hired Items.
3.5 You are responsible for any damage or loss to the Hire Items from the time we set up the items at your location until we return to pack down the Hired Items, even if any damage caused to the Hire Items during that period was outside your control.
3.6 Where you are in default under these Terms, you agree to our entering your premises or any other place where the Hire Items are located, or where we reasonably believes that the Hire Items are located, and taking possession of the Hire Items.
4. Exclusion of Warranties
4.1 If you are in trade and are acquiring the Services for business purposes, the guarantees under the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply.
4.2 Unless you have rights under the Consumer Guarantees Act 1993 or other legislation, which cannot be excluded or limited, there are no warranties express or implied. This disclaimer includes implied warranties as to merchantability and fitness for a particular purpose.
5. Limitation of Liability
5.1 We are not liable to you for any loss or damage arising from delay or failure to perform our obligations due to any matter beyond our reasonable control, including without limitation war, embargoes, export, shipping or remittance restrictions strike, lockout, accident, fire, pandemic, Government lockdowns, delay caused by carriers, floods or governmental seizure, control, rationing or change in legislation of any jurisdiction, nor for any loss or damage caused or contributed to by you.
5.2 We and our employees and agents are not be liable to you for any claim for breach of Contract (except as expressly provided in these Terms) or Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.
5.3 Your sole remedy against us is limited to breach of contract and the extent of any such liability is limited, at our option, to supplying the Services again, paying the cost of having the Services supplied again, or refunding the price you paid for the particular defective Services. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.
5.4 No action may be brought against us unless notice of such claim is given to us within one week of provision of the Services. We shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of the date of provision of the Services.
6.1 If you do not pay any money owed to us (the unpaid money) by the due date, we may charge penalty interest at a rate of 2.5% per calendar month calculated daily and capitalised monthly on the unpaid money from the due date until payment in full is made (including after as well as before any Court judgment).
6.2 You indemnify us for and agree to pay, on demand, all costs incurred by us (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid money and/or the enforcement of these Terms.
7. Use of information
7.1 You agree that we may collect information about you for the purpose of assessing your present and continued credit worthiness, and if necessary, collecting any outstanding debt from you and for direct marketing activities (the purposes set out above).
7.2 You consent to us disclosing such information, as well as any default in payment by you, to any credit or debt collection agency, and to any person/agency we appoint to collect any outstanding debt from you, if necessary, for the purposes set out above.
7.3 If information is provided to any credit or debt collection agency, they will hold that information on their systems and use it to provide their credit reporting service, including updating its credit reporting database and providing that information to other customers they have and you consent to that use and disclosure. We may request, and any person or organization (including any credit or debt collection agencies) may provide, information about you to us, both now and in the future, for the purposes set out above and you consent to us seeking that information in the course of our business and disclosure of that information to us.
7.4 If you are an individual, you have the right under the Privacy Act 1993 to see and correct any personal information held by us or any agency about you.
8. General Provisions
8.1 These Terms apply to all transactions we have with you. If there is any inconsistency between these Terms and any order submitted by you or any other arrangement with us, these Terms prevail unless otherwise agreed by us in writing.
8.2 If any provision of these Terms is held by any court to be illegal, void or unenforceable, that will not impair the enforceability of the remaining provisions.
8.3 These Terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the New Zealand Courts.
8.4 We may review and change these Terms at any time and from time to time. Any such change will take effect from the date on which we notify you of the change. You consent to such future changes being made by updates on our website, and agree that such update shall constitute agreement by you to the amended terms.