TERMS + CONDITIONS
ALL BOOKINGS FOR FURNITURE, GOODS AND SERVICES PROVIDED BY GEORGE & CO EVENTS LTD ARE SUBJECT TO THE TERMS AND CONDITIONS AS OUTLINED BELOW.
Acceptance of terms and conditions is deemed granted by The Hirer on payment of deposit and/or delivery of goods.
DEFINITIONS:
“The Hire Company” - George & Co Events Ltd (trading as George & Co)
“The Hirer” refers to any client, individual, person, firm or corporation hiring equipment or appoints services from the ‘Hire Company’.
The terms and conditions set out below govern all supplies of goods and services from George & Co. Events Limited (hereinafter referred to as "George & Co.") to you (hereinafter referred to as "the Customer").
1. GENERAL
1.1 All goods and services provided to you by George & Co, whether directly or through a third party provider or supplier, are on the basis set out in these terms unless otherwise agreed in writing. George & Co may vary these terms at any time by giving one month's written notice to you. Any variation of these terms will be posted on the website for George & Co.
1.2 George & Co may vary these terms at any time by giving one month's written notice to you. Any variation of these terms will be posted on the website for George & Co. George & Co may cancel any order of goods and services to you by giving you one month's written notice.
2. BOOKING
2.1 To secure your date, once item and service details have been agreed, we will forward an invoice and web link to Terms + Conditions for your perusal and acceptance.
2.2 A 30% non-refundable deposit is required to secure your date, another 30% is due six months prior to your event date, with the balance due two weeks prior to your event. Planning clients may have this middle payment split into two 15% payments.
2.3 Acceptance is deemed granted by the Customer on payment of deposit and/or delivery of goods.
2.4The Individual / Entity (s) stated on the invoice document is responsible for all hired items and their subsequent care as per the Terms and Conditions below.
3. PAYMENT
3.1 The price for all goods and services will either be as estimated by George & Co. to the Customer or at the final cost determined no later than fourteen (14) days before the event date.
3.2 All prices for goods and services set out in George & Co.'s estimate excludes GST, and any freight or delivery charges, except as otherwise expressly stated.
3.3 An advance (or advances) may be invoiced by George & Co. to the Customer prior to the event. This advance is to cover deposits on venues, equipment, performances, or other third party products or services required and booked for your event. A flat advance of up to 50% of the final invoice may be invoiced, dependent on the level of deposits required, and will be advised prior to the event. Any advance amounts paid by the Customer to George & Co. will be deducted from the final total of the invoice on the final account. Some third party suppliers or providers may require a staggered deposit payment arrangement, and these payments will be invoiced accordingly.
3.4 Any cancellation fees pending from third party suppliers or providers will be payable by the Customer as required.
3.5 Any contractual obligations with third party suppliers or providers arising in relation to the event will be on-charged to the client and included in the estimate and final invoice, and are payable by the Customer in accordance with these terms.
3.6 Any third party suppliers or providers hired directly by the Customer are to be paid direct by the Customer and George & Co. will have no responsibility in relation to such costs.
3.7 The Customer will pay a 30% non-refundable deposit of the total estimate immediately the event is booked and confirmed with George & Co.
3.8 Payment for all goods and services is payable fourteen (14) days prior to the date of event from George & Co. to the Customer, unless other payment terms have been arranged with George & Co.
3.9 George & Co. reserves it right to charge a late payment fee of 10% of the total estimate on any invoice unpaid after the expiry of the fourteen (14) days referred to in clause 5.2.
3.10 George & Co. may make immediate formal written demand of all moneys owing to George & Co. on any invoice should there be any default in payment of any moneys owing to George & Co.
3.11 Payments by the Customer to George & Co. are to be paid in accordance with the estimate and invoice supplied to the customer
4. ALTERATIONS + CANCELLATIONS + POSTPONEMENTS
4.1 A cancellation fee of 25% of the original order is charged up to and including 6 months prior to the delivery date, and 50% of the original order is charged up to and including 30 days prior to the delivery date after the 6 month mark.
4.2 Any cancellations within 30 days and under of the delivery date incur a cancellation fee of 100% of the original order.
4.3 The cancellation of a complete service (ie - a planning service OR marquee hire OR furniture hire) is counted as a cancellation and will incur a 25% cancellation fee (if more than 6 months from the delivery date) or 50% cancellation fee (if between 6months - 30 days from the delivery date)
4.4 Reductions in quantities of up to 30% of original invoice values can be made up to 30 days prior to event date. Any additional items made to the order once the deposit has been received are subject to availability and additional cost.
4.5 George & Co will endeavour to accommodate any postponements necessary. New event dates must be no more than 12 months after the original event date. Postponements more than 12 months after the original date will constitute a new event and additional fees will apply. New dates for postponements must be between Monday - Friday (no weekend dates accepted) and can occur once.
4.6 If we cannot deliver hired items on the new date and no substitution of items is possible the order will be cancelled, or the order may be refunded at our discretion.
5. SUPPLY OF GOODS OR SERVICES
5.1 George & Co will use its reasonable skill, care and effort in supplying all products and services to you, using resources and suppliers reasonably available to George & Co, and will use its reasonable efforts to supply all goods and services by any agreed delivery date in a timely and efficient manner. However, George & Co will not be liable to any delay or non-performance in supplying products or services where the delay is caused by a third party supplier or provider.
5.2 George & Co reserves its right to use alternative suppliers or providers from that which may be agreed between George & Co and the Customer, dependent on availability and suitability of the goods and services required.
5.3 In the unlikely event that George & Co needs to cancel this agreement due to the inability to supply goods and/or services, The Customer will be provided with written notice and a full refund of hire fee.
6. COVID-19
6.1 If the event is able to go ahead under the current Covid-19 Protection Framework Level, but The Customer makes the decision to cancel or postpone, citing this Level as reasoning, we will retain all funds paid and you will incur a cancellation fee.
6.2 The Customer agrees to abide by all regulations under the current Covid-19 Protection Framework Level. George & Co takes no responsibility for any consequences if these regulations are not followed.
7. CREATVE CONCEPTS
7.1 All correspondence, supplier details and invoicing, creative ideas, images and information sources, created or provided by George & Co., remain strictly confidential and the intellectual property of George & Co. and will not be supplied to the Customer without prior agreement between the parties. Any information supplied by George & Co. cannot be used without the express knowledge or consent of George & Co.
7.2 Our Terms of Trade must be signed prior to commencement of any work commencing. All investigative/ event scoping work and any associated costs will be chargeable whether the event is undertaken or not. If the event proceeds, the cost of the scoping work will be included in the overall quote as part of our fee structure. Scoping rates will be advised.
7.3 George & Co will ask both the Customer and the contracted Photographer to use any photographs taken of the event/function as advertising and/or marketing material.
8. PRIVACY
8.1 George & Co. may collect and store information about the Customer and such information remains the property of the Customer and George & Co. will not use nor make available for use any of this information without the Customer's permission.
8.2 George & Co. will not sell or otherwise provide the Customer's personal information to a third party or make any other use of personal information about the Customer for any purpose which is not incidental to the use of the service.
9. FORCE MAJEURE
9.1 Neither Party will be liable to the other for any delays or non-performance of contractual obligations under this Agreement caused by a Force Majeure event provided each Party has taken all reasonable steps to minimise any loss, damage or delay resulting from a Force Majeure event.
APPLICABLE TO HIRE AND MARQUEE CLIENTS:
10. HIRE PERIOD
10.1 Rental Period: Up to 36 hours or as arranged and agreed in writing at inception.
11. HIRE TERMS
11.1 In the event of loss, damage or soiling of the hire items by The Customer, whether intentional or due to an accident or neglect, The Customer will be liable to pay George & Co the cost of the repairs or the value of the said items, as assessed by George & Co
11.2 It is The Customer's responsibility to ensure their guests, employees and event attendees conduct themselves in a safe and respectful manner. The Customer accepts full responsibility for loss or damage to goods caused by guests, event attendees, employees or contractors.
11.3 The Customer shall keep the items in good order and any items left at unattended premises remain The Customer's responsibility.
11.4 Placement of decorations or additional items by The Customer which may cause damage to any surface of the hire items is not permitted unless expressly granted by George & Co.
11.5 Hired items shall not be moved or relocated within the event location or removed by The Customer from the event location without prior approval from George & Co.
11.6 The Customer shall only use the items for the purpose and within the capacity limits for which it has been designed and will not attempt to alter, repair or modify the goods.
11.7 The hire items shall remain the property of George & Co and The Customer shall not charge, sell, exchange, pledge or part possession with the items.
11.8 George & Co shall not be liable for any damages, consequential loss or losses due to any failure of The hire items.
11.9 George & Co will under no circumstances be held liable for damage to items left in, or around, the items.
11.10 The risk of security and all weather related risk remains with the The Customer until the items are actually disassembled by George & Co.
12. MARQUEE CONSENTS
12.1 The New Zealand Building Code (NZBC) requires each marquee, or each group of marquees, to obtain a building consent for the relevant local authority, eg Palmerston North City Council, if it is over if it over 100m2 in size on public or private property.
12.2 It is always the responsibility of the land owner to ensure that the marquee complies with all temporary building and fire safety requirements under the NZBC. George & Co can arrange for these consents on your behalf for an additional fee, but the Customer will be required to pay any associated consent fees.
12.3 George & Co advises you understand and comply with all required laws and regulations relating to marquees, fire safety and functions and events. When hiring equipment you will be deemed to have complied with such rules and regulations, even if we erect marquee(s) or other equipment on your behalf.
13. BOND
13.1 George & Co reserves the right to request a bond to cover all items supplied. Any damaged, missing, very unclean items will be charged at full replacement cost. This total will be deducted from the bond amount.
14. DELIVERY + COLLECTION
14.1 Delivery and collection to your site is available between the hours of 9am and 5pm, Monday to Friday excluding public holidays. Any deliveries outside of these hours or during public holidays must be agreed in writing and may attract an additional fee.
14.2 The Customer grants to George & Co, or will procure that George & Co is granted, an irrevocable right and authority to enter the property where the hired items are to be used, including authorising George & Co to bring vehicles at any time onto the property to deliver and/or remove hired items either on the expiry of the hire period or on termination of the Contract
14.3 The Customer will be responsible for: ensuring that there is adequate access, time and space for set-up, delivery, pack- up, pick-up and that the designated area is safe and free of obstructions or hazards; and that the ground is flat and level when a marquee or similar structure is being used'; ensuring that the appropriate permissions to use the site, and install and remove the items, are granted, and informing any site owner or council of the potential property disturbance which may arise from the items or the setup thereof; locating, marking and protecting any underground utilities, other surfaces and objects. You shall notify us of all underground services at the Property which may affect our ability to install or erect the Equipment prior to us commencing our Services.
14.4 The Customer is responsible for having someone available to take delivery of the items at the nominated delivery date and delivery time window. This must be confirmed in writing with George & Co at least 14 days prior to delivery. It is The Customer's responsibility to provide correct and accurate delivery information.
14.5 George & Co reserves the right to refuse delivery if it is deemed unsafe or poses significant risk to George & Co's staff or to the Hire items.
14.6 All Quotes are subject to a site inspection. If we are unable to complete a physical site inspection of the Property as a result of a direct instruction from you, additional costs to you may be incurred if the Property does not match he description given to us and we shall not be liable or held accountable for any damage caused to the Property in erecting and installing the Equipment or any damage caused to the Property as a result of relocating the Equipment. We assume marquees are being installed on flat grass areas and if not, the Quote may need to be modified to safely erect the marquee. If the marquee cannot be pegged down you will require weights and unless specified, are not included in the Quote.
14.7 If we agree to deliver and/or collect Equipment, you authorise us to bring our vehicle(s) onto the Property to deliver and/or to recover the Equipment at the end of the Hire Period. We shall not be responsible to you or any third party for any damage to the Property that may be done by our vehicle(s), the Equipment or us during the delivery, setup or collection of the Equipment.
14.8 Upon delivery of the Hire Equipment, you shall become liable for any damage, loss or theft to the Equipment and we shall have a right to claim compensation from you for such damage, loss or theft. Such compensation will be deducted from your Bond and if additional amounts are required, we will advise accordingly
14.9 Delivery of all Hire Equipment is to Ground Level only unless stated prior to delivery. Any orders which require the delivery of any items further than 10 metres from the closest legal parking space may attract an additional charge. Additional charges also may apply if there is stairs, steep descents or require the use of elevators. It is The Customer's responsibility to inform George & Co in writing of any additional or difficult delivery conditions. Failure to inform George & Co of any difficult delivery conditions may result in additional charges.
14.10 Hired items must be cleaned, packed up and ready for collection and loading by George & Co at the pre-arranged time and place as arranged prior to booking commencing.
14.11 George & Co is not responsible for any setting-up of furniture and/or goods unless specifically mentioned in writing in the quotation or invoice.
14.12 Set-up is paid at an hourly rate and must be confirmed in writing and paid in full at least 14 days prior to delivery.
15. LOSS OR DAMAGE
15.1 The Customer accepts full responsibility for loss or damage to hire items caused from the time the goods are delivered onsite until the time the goods vacate the site and/or are returned to the Hire Companies premises. Any loss or damage to goods will be charged to The Customer, as assessed by George & Co.
15.2 The Customer is responsible for any damaged, lost, missing or vandalised items. A full replacement fee is due for any damaged, lost, missing items when in the responsibility of The Customer.
15.3 The Customer shall protect all items from the elements during the period of hire. Items can be used outside in good weather. Under no circumstances can items be left outside in inclement weather. In inclement weather, including rain, hail, snow, wind, it is the responsibility of The Customer to ensure the hire equipment is adequately protected and stored. Any damage caused by inclement weather shall be paid at full replacement cost by The Customer to George & Co.
15.4 If the Hire Equipment is to be used outdoors at any stage during the hire period The Customer must confirm this in writing to George & Co. It is The Customer's full responsibility to provide a suitable wet-weather plan and safely store all items in the event of inclement weather. No refunds are available in the event of inclement weather.
15.5 You shall determine using your sole judgment that the Equipment is suitable and is in a condition for the intended use; only use the equipment for the purpose described and within the capacity for which it was designed; immediately notify us of any breakdown, damage, destruction, theft or loss of the Equipment and assist our inquiries in regards to the damage (including filing a police report); and be liable for any loss, theft, damage or destruction of any Equipment during the hire period. All Equipment damaged shall be repaired at your cost (including without limitation time and materials) to reinstate the Equipment to its original condition at the commencement of the Hire Period and should the Equipment be lost or damaged beyond repair will be paid for by you at the regular replacement price. Breakdowns or damage resulting from negligence or misuse shall not in any circumstances shorten the period of hire.
16 TITLE (OWNERSHIP OF GOODS)
16.1 The Customer acknowledges that title to hired items remains with George & Co at all times. Equipment & items purchased from George & Co remains the property of the company until paid for in full.
17 LIMITATION OF LIABILITY
17.1 The Customer agrees to defend, indemnify, assume liability for and hold George & Co harmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the use of the furniture and goods, regardless of the basis.
17.2 George & Co shall be in no way responsible or accountable for any injury, death or loss of income caused to The Customer, any third parties or properties due to the hire of furniture and goods or services provided by George & Co.
17.3 Except for any written warranties given by George & Co. to the Customer, all warranties and representations (including those expressed or implied by law) in respect of products and services provided are excluded to the extent permitted by law.
17.4 In circumstances where George & Co. is deemed to be a supplier if the Customer acquires our goods or services for the purposes of a business as defined in the Consumer Guarantees Act 1993, the provisions of the Act do not apply.
BY HIRING WITH GEORGE & CO EVENTS LTD YOU AGREE TO ALL TERMS AND CONDITIONS IN THIS DOCUMENT AND THESE TERMS AND CONDITIONS ARE BINDING.