The Queenstown Camera Company Limited Terms of Business
“Business Day ” means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general business in Queenstown.
” Customer ” means the person hiring Equipment from TQCCL or a person acting on their behalf.
“Equipment ” means any camera or other photographic equipment or accessories hired by TQCCL to the Customer.
“Hire Period ” means the hire period agreed, whether orally or in writing, between TQCCL and the Customer.
“TQCCL” means The Queenstown Camera Company Limited.
Terms of payment
The price of the Equipment, plus GST shall be paid by the Customer to TQCCL when and how specified by TQCCL.
The Customer may not deduct or withhold any money owing to TQCCL.
If full payment is not made to TQCCL when due, the Customer must pay on demand interest at a rate 5% above the current base lending rate from the date when payment is due until the date when payment is actually made.
All warranties, descriptions, representations, terms or conditions whether implied by law or otherwise and all other liabilitys of TQCCL are expressly excluded.
Limitation of liability
If TQCCL is liable, the total liability of TQCCL is limited to the lesser of:
(a) the hire charge of the relevant Equipment.
(b) the cost of repairing or replacing the defective Equipment,; or
(c) the actual loss or damage suffered by the Customer.
Except where statute expressly requires otherwise, TQCCL is not liable for any loss of profits, consequential, indirect or special damage, loss or injury of any kind suffered by the Customer or any other person.
The Customer indemnifies TQCCL and TQCCL’s employees and agents from all costs, losses, expenses, claims or liability arising, directly or indirectly, in connection with any act or omission of the Customer, its employees or representatives.
Where the Customer has hired Equipment and it is normal industry practice to display screen or advertising credits the Customer will give screen and advertising credits.
The Customer may not transfer or assign any of its rights or obligations under these Terms without the prior written consent of TQCCL.
Failure by TQCCL to insist upon strict performance by the Customer of any of these Terms is not to be a waiver of any rights of TQCCL on any subsequent occasion.
These Terms are governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
Each notice or other communication under these Terms is to be in writing, is to be made by fax, personal delivery or by post to the addressee at the fax number or address last known to the sender, and is to be marked for the attention of the person or office holder (if any) designated for the purpose by the addressee to the other party.
No communication is to be effective until received. However, a communication will be deemed to be received by the addressee:
(a) in the case of a facsimile, on the Business Day on which it is despatched or, if despatched after 5 p.m. (in the place of receipt) on a Business Day or, if despatched on a non-Business Day, on the next Business Day after the date of despatch;
(b) in the case of personal delivery, when delivered; and
(c) in the case of a letter, on the Business Day after posting by ordinary mail.
II. Equipment terms of hire
The Customer shall be responsible for the collection and return of Equipment and at all times, bear the risk and the cost of delivery.
Terms of hire
The Customer is liable for all damage to, or loss or destruction of Equipment.
In the case of such loss, destruction or damage the Customer will pay to TQCCL on demand (at TQCCL’s discretion):
(a) the full current new replacement price, or
(b) the cost of repair of the relevant Equipment; or
(c), an amount equal to the full current new replacement price of the relevant Equipment plus 4 weeks hire charge at the normal rates.
If TQCCL supplies Equipment to a Customer to replace lost, destroyed or damaged Equipment the normal rates will apply to such supply.
TQCCL has sole discretion to determine whether the Equipment shall be repaired or replaced, the method of repair, and by whom the repair shall be carried out.
On the return of Equipment TQCCL is not obliged to inform the Customer of particular liability until such time as the Equipment has been fully checked in by TQCCL.
The Equipment will be deemed to be free from damage and defects at the time the Customer takes possession unless otherwise agreed.
On the return of equipment If additional technical checks or internal cleaning are required, the Customer will pay for such work.
The Customer will at all times ensure that only people having appropriate qualifications and experience are permitted to use the Equipment.
The Customer will not lend or re-hire the Equipment to any other person or persons.
The Customer will not, without the prior consent subject the Equipment to any hazardous assignment or abnormal risk.
The Customer will not attempt to dismantle, repair or adjust any equipment without consent from TQCCL and the Customer will be liable for any damage or defect arising from such act.
The Customer will promptly notify TQCCL of any damage or defect arising during the hiring, and supply details of any incident that occurred during the hiring likely to cause defects or damage.
Hire charges for Equipment are as agreed with TQCCL.
TQCCL reserves the right to alter its hire charges without notice.
The Customer will pay to TQCCL any associated costs which TQCCL may be liable to pay in connection with the hire of Equipment. When the Customer fails to return the Equipment on the expiry of the Hire Period, the Customer will then be liable for additional fees at the full daily rate in respect of each day until the Equipment is returned.
TQCCL may require a deposit prior to accepting a confirmed order or the commencement of a hire.
Risk and insurance
The Equipment will be at the Customer’s risk from the time the Equipment is delivered to the Customer until the time it is returned and accepted by TQCCL. Acceptance of Equipment by TQCCL does not release the Customer from responsibility for loss, destruction or damage of Equipment.
The Equipment must be insured by the Customer, with a reputable insurer, against risks and on terms, acceptable to TQCCL. Copies of insurance documents must be delivered to TQCCL before the Hire Period commences.
The insurance policies must cover any hire charges incurred while Equipment is lost, damaged or destroyed. TQCCL‘s acceptance of the Customer’s insurance does not reduce or alter the Customer’s liability under these Terms.
TQCCL must be noted as joint insured (and loss payee) under all insurance policies relating to hire.
The Customer will not:
(a ) subject any Equipment to abnormal or hazardous conditions or possible damage by foreign materials (such as salt, water, dust or sand) without the prior approval of TQCCL and (if required) prior notification or approval of the insurer.
Where requested by the Customer, TQCCL may agree to arrange appropriate insurance and charge the Customer accordingly for such insurance cover.
In all cases the Customer must pay any excess, deductible or exclusion and applicable premium.
Notwithstanding any such insurance cover, or the fact that a charge is made for it, the Customer remains liable to TQCCL to the extent that the insurance cover does not result in payment to TQCCL in satisfaction of the Customer’s liability under these Terms.
If the Customer cancels there may be a cancellation fee of up to 100% of the estimated hire charge.