Rental Terms and Conditions
By making the reservation and paying your deposit, you are deemed to have accepted these Terms & Conditions. WHEREAS; The Good Party Co.(located at Bell Block, New Plymouth) is the business providing rental items (defined above as categories, “Items), services (defined above as Installation and Retrieval and Logistics, “Services”), and other design services outlined in the itemised invoice above (herein referred to as the “Invoice”).
WHEREAS; Client (address defined above) as mentioned above in Invoice is the person or company responsible for payment, signing this Agreement, and fulfilling the booking requirements for the Agreement.
WHEREAS; Day of Contact (defined above in Invoice if applicable) is the person or company responsible for logistic information, day of communication, and confirmation with signature of the Receipt of Goods Sold on behalf of Client on the Event Date.
NOW THEREFORE; the Parties agree to be bound by the following terms and conditions:
SCOPE OF THE AGREEMENT
- Details of Event Information; The Event Date is set forth above in Invoice under “Event Information” and mutually agreed upon between the Parties. The charge of the Labour (considered “Installation” above) and Pick Up (considered “Retrieval” above) is agreed upon between the Parties. The timing of the Installation and Retrieval is labeled with timing and address mutually agreed upon between the Parties (called “Logistics”). The Location (“Location / Venue” as mentioned in Invoice) is mutually agreed upon between the Parties. Any change to the Logistics information shall be communicated in writing between Client and Company as soon as available and may be subject to additional fees for changes to this information within seven (7) business days of Event Date. Date changes must be made in writing to between Client and Company. Date changes made prior to thirty (30) days before the Event Date will be subject to a change fee of 25% of the Invoice. Date changes made within thirty (30) days of the Event Date will be subject to a change fee of 50% of the invoice. All date change fees must be paid in full with the remaining balance at the time of the date change and a new contract will be formed for new signatures with the new date and information related to the event.
- Delivery Services Provided by Company; All Logistic Fees consist of the distance between Company Headquarters and the mutually agreed upon Location by the Parties. The Installation and Retrieval fees are charged at the discretion of Company and calculated at our best estimate of time taken to deliver items. If the time Company estimates the services to last is less than what is estimated, no refund will be given for additional time calculated. If the time taken to perform such services takes longer than estimated due to any holding patterns, wait times, logistic scheduling issues, full loading docks, or anything of such events out of the control of Company teams, additional charges may be subject to be charged following the event. If such fees occur, Company will communicate in writing with the Contact within five (5) business days of the Event Date for additional payment. The Logistics charges are charged to include travel, miles, gas, and tolls and are calculated using Google Maps in conjunction with our software at a fair rate. Contact and Invoice may have additional fees such as Late Night Fee, Holiday Fee, Multi-Day Fee, and fees of similar context, for Installation and Retrievals that have special circumstances. Installation and Retrieval Wait Time is an additional expense Invoiced five (5) days after the Event Date and is billed at $100/hour should you extend your Logistics information on the same day as your Event Date as noted on the top of the first page on your rental Invoice. This is billed in 30-minute increments and will be collected five (5) business days after event date. The Day of Contact person must be on site at the time of installation for a safety and safe play handover. At handover, the Company will advise the Client of the safety procedures and equipment rules/guidelines. At time of installation, the Company and the Client will inspect the equipment and sign a condition statement. The condition statement will outline the condition of equipment at the time of installation the with existing defects (if any) listed
- Payment Terms; Options for receiving payment for this Agreement are as follows; Company can accept any major credit card (Visa, MasterCard, Amex, etc) with the addition of a 3% credit card processing charge. Client as defined above and in Invoice is responsible and must pay the 50% non-refundable retainer to reserve Items for Event Date as defined on Invoice above, and is due upon signing this Agreement. Seven (7) days prior to Client’s Event Date, the remaining payments on your Invoice are due in full. Failure to remit the remaining balance seven (7) days prior to Event Date will result in a late fee per day of delinquent payment. Total remaining balances in addition to late fees are due no later than two (2) days before the Event Date. If the Client fails to pay balances and late fees by 5pm two (2) days prior to Event Date, then Company reserves the right to cancel the order with no refund of any kind. If such failure occurs, Client is responsible for all remaining balances including late fees no later than the Event Date.
- Cancellation Policy; If cancellation of Event occurs, any retainers and all payments made will not be refunded to Client or any other person in conjunction with this Agreement. If Client chooses to reschedule the Event Date and there is another date the event needs to be moved to, Company will do the absolute best to accommodate the new date with the coordinating items, but cannot guarantee rental items will be available. This Agreement will start over with a new Agreement with the new details to the Event Date and Logistic Information. No refunds will be given and all Payments made to Company for Event Date will be held if Cancellation occurs. If Rescheduling the Event Date occurs, all Payments made to Company will transfer to the new Event Date and a new Agreement will be created. Date changes must be made in writing to between Contact and Company. Date changes made prior to fourteen (14) days before the Event Date will be subject to a change fee of 25% of the Invoice. Date changes made within fourteen (14) days of the Event Date will be subject to a change fee of 50% of the invoice. All date change fees must be paid in full with the remaining balance at the time of the date change and a new contract will be formed for new signatures with the new date and information related to the event. This agreement may be executed in multiple counterparts, each of which shall be deemed an original but of all which shall constitute but one Agreement, a facsimile of an executed counterpart shall be deemed to be an original.
- Damages to Rental Items; From the Time of Installation through the Time of Retrieval, Client shall be responsible for all lost or damaged Items. Client shall protect the Items from weather, vandalism, theft, damage, or other similar risks. Prior to Retrieval of Items from the Venue, an authorised representative of Company and the Day of Contact of the Client’s choosing shall inspect the Items, as to quality and quantity. Any damage or loss to the Items, will be noted on the delivery ticket and photos will be taken with proof of damage or loss. Communication with Client’s Day of Contact will be notified of any damages noticed in person, and if the Day of Contact is not present Company staff will send photos and a text note about such damage or loss of Rental Items. Upon return of items to Company Headquarters, Company will inspect items within three (3) business days of return in broad daylight, if there are any damages on any of the Rental Items, and charges are more than the security bond, Company will contact Client and Client is responsible to pay to replace or repair the total value of damaged item(s) according to the discretion of Company. Company will take care of facilitating all replacements and/or repairs to the item(s) and Client will be charged balance between the security bond and Balance owed amount with the card on file five (5) business days after Company contacts Client. Soft play equipment carries a minimum replacement costs of $500, and Bouncy Castles carry a minimum replacement cost of $1,000. Where equipment is returned to the Company in a messy state deemed as unacceptable to the Company, or deemed excessively dirty, the Company will charge the Client a cleaning fee of up to $200.
- Debt Recovery; In the event where Client has failed to pay the damages to Company within 14 days of notification of damages and invoice, and the matter is referred to a collection agency and/or law firm to recover damage costs, Client will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also included legal demand costs.
- Decorations and Alterations; Without prior written consent from the Company, the Client is not permitted to attach or make alterations to any hire equipment (example: balloons, fishing wire, vinyl stickers). Custom decoration or attachment requests can be emailed to email@example.com
- Mutual Agreement of Rental Items Use; All Rental Items are to be protected from any removable or permanent damage to the items such as but not limited to, face paint, glitter, food, marks or indents to foam flooring from shoes and sharp heels, vinyl graphics, marker, pens, candle wax, drink spills or stains, mud or dirt, animal hair or scratches, weather conditions (rain, snow, sleet, dew, humidity, and any other harmful weather conditions that may harm the integrity of the Rental Items), scuffs from rough moving, and any other damaging situations that may harm the longevity and integrity of the Rental Items. Once installed in place by the Company, large items such as bounce castles , backdrops, and soft play items are NOT to be moved. Evidence of moved large items will incur a wear and tear charge. When moving small items such as tables/chairs and signs, items must be picked up completely when moving and not scooting across the ground to prevent breaking or damage. If such damage occurs while the Rental Items are in the Client's possession (defined as the time between the Logistic Drop Off and Pick Up times within the Invoice), the protocol for “Damage to Rental Items” will occur as defined in section 5 herein.
- Limit of Liability; If, due to illness, accident, unforeseen circumstances or Acts of God, Company is unable to provide Items as contracted in this Agreement, every effort will be made by Company to deliver rented items to the Event Location on Event Date before the event begins. If this cannot be done due to the above reasons, Company agrees to refund the full amount paid by the Client. Upon such refund, this contract shall become null and void, and the client shall have no further legal recourse against Company. Client hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to Company Rental Item(s) whether caused by the negligence of client or otherwise. Any dispute or litigation under the terms of this Agreement will be brought to New Plymouth, but before such litigation the parties agree to professional dispute resolution including mediation.
- Protocols in Event of Health Pandemic or State Of Emergency; The Parties agree that no performance will be required of either Party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders. If, during the Term of this Agreement, any Health Pandemic, as defined by the MOH guidelines ("Health Pandemic") arises, and Company deems providing the duties under this Agreement would put the Client(s), other companies, Company staff or personnel at risk, it is in the sole exclusive discretion Company as to whether or not the services (2. Delivery Services Provided by Company) must be cancelled or postponed. In the event Company does deem a cancellation or postponement due to a Health Pandemic, no monies paid to Company shall be refunded. However Company shall provide the Client(s) with available option(s) for a date transfer as soon as is reasonably practical. Date transfers will be offered for packages at an equal or lesser cost than the original package amount under this Agreement. The Parties agree that, due to the extreme and sometimes sudden circumstances that health pandemic would create, a date transfer option allows Company and the Client(s) to reach a mutually conducive solution that will serve as an exception to the thirty (30) days requirement for cancellation or postponement, as enumerated in section four (4) herein. If the Client(s) chooses a larger package at the time of rescheduling or thereafter, Company will calculate the difference of the originally agreed-upon package and new package prices as defined by Company’s pricing schedule at the time of the rescheduled event.