Terms & Conditions
The following terms and conditions apply to all equipment hired, technical solutions and/or services from Event Squared Limited (Event Squared).

Equipment 

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• All equipment must be returned in the condition it was collected by the hirer or delivered to the hirer. The hirer will be considered liable and accepts responsibility for any damage to the hired equipment during the period of hire and will be charged additional costs accordingly. Any equipment damaged or destroyed remains the property of Event Squared and must be returned to Event Squared regardless of condition. 

• Event Squared will not be responsible for any delays, accidents, loss or damage of any kind direct, indirect or consequential which may arise through defects or breakdowns of the equipment hired.

• While every endeavour is made to supply equipment as ordered, Event Squared reserves the right to substitute other similar designs where necessary. 

• Event Squared does not represent or guarantee that the equipment supplied or its capacity or performance is fit for the purpose for which the hirer requires it.

• The hirer shall only use the equipment for the use and within the capacity limits for which it has been designed and will not attempt to alter, repair or modify the equipment in any way.

• If the hirer considers any equipment to be faulty as supplied, they must notify Event Squared immediately and hire will cease from the time of notification if the equipment is found to be faulty by Event Squared.

• All equipment remains the absolute property of Event Squared. 

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Payment 

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• Our quotes and estimates will remain valid for 30 days following the date of issue, unless we agree otherwise. If a quote or estimate has expired, please contact Us to confirm pricing.

• Estimates are our reasonable estimate of the price to complete the work, based on the information available to us at the time we complete the estimate. The actual price for the work will be calculated in accordance with our standard rates.

• All charges are as stated on the hire agreement or quote.

• Unless otherwise agreed (note other payment terms) all hire charges are to be paid in full before the hire period commences.

• Additional amounts, according to Event Squared’s rates, will be charged if equipment is not returned by the date specified in the hire agreement. 

 

Other Payments Terms 

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Depending on the event the following payment terms may apply. This will be noted on the hire agreement and/or quote. 

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Outdoor/Large Events 

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• A 50% non-refundable Deposit is required 7 days before the event/hire period. Event Squared reserves the right to cancel the booking should the deposit not be paid.

• The balance is due within 7 days of the event/hire period ending unless otherwise agreed.

• In the event of a cancellation prior to the hire period/event then the hirer will not be required to pay any additional cost over and above the deposit.

• Where the event is cancelled on the show/set-up day then the hirer will still be liable for all charges as quoted.

• If the event is postponed then the hirer will be liable for additional charges each extra day as per normal hire rates over and above the amount already quoted for the event/hire period.

• All other terms and conditions of hire are as normal 

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Additional 

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• Event Squared undertakes no liabilities whatever in respect of third party and similar risks or of personal injury or for consequential damage of any kind.

• Notwithstanding that the hirer may not have signed this agreement, the acceptance by the hirer of any goods on hire from Event Squared shall in itself constitute an acceptance of the above terms and conditions, and of the charges stated on the accompanying hire agreement form or acknowledgement of order. 

• The Hire Period is considered to be the time that the goods are collected by the hirer or delivered by an employee of Event Squared to the hirer until returned to the premises or nominated premises of Event Squared or collected by an employee of Event Squared

• No allowance can be made for time when the equipment is not in use for any reason whatsoever. 

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Sub Contractors

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• We may subcontract all or part of the Work to one or more subcontractors in our sole discretion.

• We will be responsible for ensuring that our subcontractors comply with this Agreement.

• We will use reasonable endeavours to work alongside any contractors that You appoint, in a co-operative manner. We are not responsible for materials or services provided by any contractors that You appoint, or their insurance.

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Insurance

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• We will endeavour to maintain, for the duration of the event or work, public liability insurance to the amount a reasonable and prudent operator would consider sufficient in respect of the event or work. It is Your responsibility to take out suitable insurance  cover if you require it.

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Health and safety

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• We acknowledge Our obligations pursuant to the Health and Safety At Work Act 2015 (H&S Act).

• You shall:

1. comply with the H&S Act, regulations, and Our health and safety policy and procedures as advised from time to time;

2. comply with any reasonable instruction that is given by Event Squared to allow Event Squared and its staff and Sub-contractor to comply with the H&S Act, regulations, or the Event Squared health and safety policy and  procedures;

3. take reasonable care of Your own health and safety while at the event or worksite;

4. take reasonable care that Your acts or omissions do not adversely affect the health and safety of other persons at the event or worksite;

5. ensure that any worker (as that term is defined under the H&S Act) entering the worksite complies with the H&S Act and regulations, including any other contractors that you may appoint;

6. notify Event Squared immediately of any notifiable illness or injury, notifiable incident notifiable event, or hazard (as those terms are defined under the H&S Act) at the worksite and comply with their own notification requirements to WorkSafe New Zealand or any other relevant authority;

7. notify Us as soon as is reasonably practicable of any accident or near miss at the worksite falling outside of the immediately notifiable instances in sub-clause    

8. (f) above; and

9. (h) follow best practice in respect of health and safety.

• Joint health and safety obligations: Where the parties have a duty in relation to the same matter imposed by or under the H&S Act, the parties shall,  so far as is reasonably practicable, consult, co-operate with, and co-ordinate activities with each other. 

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Limitation of liability

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• To the extent permitted by applicable law, We will be under no liability whatsoever to You for any indirect loss, consequential loss, fines, loss of profit, loss of bargain, loss of business opportunity or exemplary damages suffered by You or any other person, arising out of or flowing from this Agreement, whether contemplated by this Agreement or not, and whether actionable under contract, statute, tort (including negligence), equity or otherwise. 

• In addition to the above, We shall not be liable to You or any third party to the extent that any loss or damage is, directly or indirectly, caused or contributed to by You, Your employees, representatives, agents or third parties.

 

Liability cap

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• To the extent permitted by applicable law, in the event that we are found liable for any loss or damages, including any loss or damages set out above, such loss or damages will be limited in aggregate to the price paid or payable in respect of the work, and is inclusive of all claims made against Event Squared by You pursuant to this agreement.

 

Miscellaneous

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• This agreement constitutes the entire agreement and supersedes and extinguishes all prior agreements and understandings, written or oral, between the parties. In the event of any conflict or inconsistency between this Agreement and the provisions of any document used by you or any other arrangement between the parties, this agreement prevails unless otherwise agreed in writing and signed by the parties.

• In the event of any dispute between the parties in relation to this Agreement, the parties shall first seek to resolve such dispute by promptly giving notice of such dispute to all other parties and cooperatively endeavouring to resolve such dispute. If the dispute remains unresolved within 10 days after the date that the last party was provided with a Dispute Notice, the parties shall then seek a resolution through the use of mediation prior to seeking resolution through the Courts. We may suspend the provision of the hire or work if a dispute is raised.

• Notices, communications, documents or demands required to be made or served pursuant to this Agreement shall be in writing and signed by the party giving the notice. Notices shall be sent to the applicable party’s registered address, address set out in a quote or estimate which may be      updated from time to time by a party by sending written notice to the other parties. Any notice or document shall be deemed to be duly given or made if delivered by hand, when so delivered; if sent by post, on the fifth working day following posting; if communicated by facsimile or email, when transmitted to the recipient's last known facsimile number and/or email address, provided that the sender does not receive any indication of incomplete transmission.

• A party will not be liable for any delay or failure in the performance of any of the obligations imposed by this agreement, provided that such failure is beyond the reasonable control of that party. The party unable to fulfil its obligations will as soon as reasonably practicable notify the other in writing of the reasons for its failure to fulfil its obligations and the effect of such failure. Should the delay or failure in the performance exceed 10 days, either party may terminate the agreement by providing a written notice to the other party.

• A party will not have waived or be deemed to have waived any provision of this Agreement unless such waiver is in writing and signed by that party.

• If any provision of this Agreement is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.

• This Agreement is to be interpreted in accordance with and governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the NZ Courts.

• The parties will not circumvent or attempt to circumvent the provisions and/or intent of this Agreement.

• This Agreement may be executed in counterparts (which may be electronic or facsimile copies) and all of which, when taken together constitutes the one document.