LOULA HIRE LIMITED – HIRE TERMS AND CONDITIONS
BOOKING
Quotes are valid for seven days, the client agrees to pay a 30% non-refundable deposit within the outlined seven days to confirm the date and booking details. If payment of the deposit is not received within this timeline, the booking is not confirmed and the date and items may be released to the another client.
All deposits are final and will not be refunded.
1. CONTRACT
1.1. When booking with Loula Wedding & Event Hire (Loula), these Terms and Conditions constitute a legally binding contract between Loula and you (Client), and you agree to be bound by it.
2. YOUR RESPONSIBILITY AS THE CLIENT
2.1. The hire of goods from Loula commences from the time of delivery of goods and ends at the time the goods are returned to the Loula premises. During this time (hire period), the Client is responsible for all hired goods and accepts liability for any theft or damage to the goods that may occur as a result of unreasonable use, accidental damage, wilful damage or negligence by the Client or the Client’s guests.
2.2. The Client shall ensure that the goods are not damaged by the environment in any way. This includes, but is not limited to, ensuring that the goods are only used in suitable weather conditions; that the ground is stable, dry and free from objects that may harm the goods and from flooding; and that the goods are kept a safe distance from objects that may cause damage such as naked flames, trees or cooking appliances.
2.3. The Client shall ensure that the goods are suitable for purpose at the commencement of the hire period.
2.4. The Client shall ensure the safety of any persons assisting with assembling, disassembling, moving or handling of the goods and that all such persons are suitably instructed.
2.5. The Client must only use the goods safely and for the intended purpose.
2.6. The Client must ensure the goods are clean, dry and in the same condition as when received by the Client at the commencement of the hire period.
2.7. In the event the goods are lost, not returned, damaged, or unclean at the end of the hire period in any way, then cleaning, repair and/or replacement charges may apply in the amount that Loula reasonably determines. These are to be paid immediately when invoiced.
2.8. The Client must not use chemicals (including aerosols) around or on the goods. To clean the goods, a soft cloth with water only may be used on the goods or soft furnishings.
2.9. The Client shall notify Loula of any defect or damage to the goods immediately upon the Client becoming aware of such defect or damage (not upon return of the goods).
2.10. The Client is fully responsible for immediate payment for replacement of any goods that are destroyed, written off or not returned as a result of unreasonable use, wilful damage or negligence by the Client or the Client’s guests, including any lost hire fees Loula suffers as a result of such goods being unavailable for hire to other clients.
2.11. Appropriate insurance of the goods and in respect of the Client’s use of the goods during the hire period is the sole responsibility and liability of the Client. All necessary insurances should be taken out prior to collection/delivery of the items and for the duration of the hire period, through the Client’s contents insurance. The Client shall not use the goods or permit the goods to be used in such a manner as would permit an insurer to decline any claim. In the event of Loula making an insurance claim for any loss of, or damage to, the goods during the hire period, the Client shall be responsible for paying the excess and any associated costs in respect of such claim.
3. CANCELLATION OF CONTRACT
3.1. Cancellations can be made at any time. All deposits are final and will not be refunded.
3.2. The client may change or cancel their order until 60 days prior to the event date. If the entire order is cancelled by the Client less than 60 days prior to the event date for any reason, then 100% of the total quoted amount shall be payable by the Client to Loula. Payment is required within 7 days of invoice. If the event is cancelled by the Client for any reason and the invoice has been paid in full by the Client, payment is final and non-refundable.
3.3. Loula reserves the right to cancel this contract if Loula has reasonable concerns that the goods are at risk including, but not limited to, severe weather warnings where the use of the goods may be unsafe. In this situation, a refund will be given by Loula to the Client.
4. TITLE
4.1. The goods are and shall at all times remain the absolute property of Loula.
4.2. If the Client fails to return the goods to Loula at the end of the hire period, then Loula may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the goods are situated and take possession of the goods, without being responsible for any damage thereby caused.
5. LIMITATION OF LIABILITY
5.1. Loula takes no responsibility or liability whatsoever for any accident, incident or damage to persons or property as a result of the Client’s use of the goods outside of Loula’s premises.
6. GENERAL
6.1. Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words implying one gender include the other. A reference to a clause or sub clause is a reference to a clause or sub clause hereof. A reference to “Loula” includes its servants, agents, successors and assigns. The word “including” does not imply limitation.
6.2. If at any time any provision of this contract is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, that will not affect or impair the legality, validity or enforceability of any other provision of this contract.
6.3. Loula may at any time assign its rights or interest, or any part thereof, (whether absolutely, or by way of security) or transfer its obligations or any part thereof, to any person.
6.4. This contract is governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.5. Notices shall be properly served on a person if delivered by hand or left at or posted in any prepaid letter addressed to that person at either the job address or any other address of the Client specified in this contract. Service by post shall be deemed to be effected on the second day after the date on which the notice was posted.
LOULA HIRE LIMITED – MARQUEE HIRE TERMS AND CONDITIONS
1. CONTRACT
1.1. When booking with Loula Wedding & Event Hire (Loula), these Terms and Conditions constitute a legally binding contract between Loula and you (Client), and you agree to be bound by it.
1.2. In addition to the Hire Terms and Conditions Contract, the following terms and conditions apply to all clients with marquee hire.
2. YOUR RESPONSIBILITY AS THE CLIENT
2.1. The Client shall be fully responsible for the goods at all times during the hire period.
2.2. The Client shall ensure appropriate access to the marquee location including space for set-up, delivery, pack-down and that the space is safe and free of obstructions and hazards and that the grounds are flat and level.
2.3. The Client shall ensure that all requisite permission to use the site/s is obtained prior to delivery of the goods, including any necessary approval or permission from neighbouring properties and councils.
2.4. Loula marquees must be built on a flat, grassed site. Loula’s vehicles must have access to the site. Loula is available to conduct site visits prior to build date if required. If no site visit has been arranged and the site is deemed inadequate on build date, this is the Client’s responsibility.
2.5. The Client shall be fully responsible for locating, marking and protecting any underground utilities or objects.
2.6. The Client shall remain responsible for security and all weather-related risks of the marquee until it is dismantled by Loula.
2.7. Appropriate insurance of the goods and in respect of the Client’s use of the goods during the hire period is the sole responsibility and liability of the Client. All necessary insurances should be taken out prior to collection/delivery of the items and for the duration of the hire period, through the Client’s contents insurance. The Client shall not use the goods or permit the goods to be used in such a manner as would permit an insurer to decline any claim. In the event of Loula making an insurance claim for any loss of, or damage to, the goods during the hire period, the Client shall be responsible for paying the excess and any associated costs in respect of such claim.
2.8. Loula is not liable for any loss or liability suffered by the Client or any third party as a result of the damage, failure or breakdown of the goods however caused or due to Loula not being made aware by the Client of any underground services or utilities on or near the site.
2.9. All marquees over 100 m2 in size, whether on public or private land must comply with The New Zealand Building Code (NZBC) and require a building consent from relevant local authorities.
2.10. The land owner is responsible for obtaining the appropriate building consent/s to ensure that the marquee complies with all temporary building and fire safety requirements under the NZBC. If the marquee Client is not the land owner, it is the Client’s responsibility to obtain the appropriate building consent/s. Loula can assist with the building consent process - contact us for further information. The marquee Client is deemed to have complied with the NZBC rules and regulations, even if Loula erects the marquee on the Client’s behalf.
2.11. The Client (or the “person in charge” of a function or event) is responsible for ensuring the marquee remains code-compliant at all times. This includes ensuring all required safety equipment is present, that exit routes from the marquee are not obstructed and the safe and legal use of all dangerous or hazardous goods.
2.12. If our fire extinguisher is discharged at your event, a $60 refill charge is applied per unit.
2.13. Loula has insurance against loss or damage and public liability insurance cover of $10 million, covering loss, damage or injury to persons or property as a result of the damage or loss caused by Loula.
Example Marquee Evacuation & Fire Safety Procedure
• Before entering a marquee, please be aware of the exit locations in case of an emergency.
• Ensure all exits are accessible to all occupants and are adequately marked. Never block a fire exit.
• The event organiser is required to ensure all building and fire safety requirements are complied with at all times. If you are unsure of these requirements, please consult the Loula team before occupants enter the marquee.
• Loula cannot be held responsible if safety procedures are not adequately implemented by occupants of our marquees.
IF YOU DISCOVER A FIRE Operate the nearest fire alarm box (if applicable), and Telephone the fire service – Dial 111.
WHEN YOU HEAR A FIRE ALARM Immediately vacate the marquee via your nearest exit. Assemble in area designated by the Event Organiser.
Do not linger in the marquee or close to exits.
Do not return to the marquee until the all clear” is given.