1.1 This agreement governs the terms and conditions under which Lightchasers Rentals, (“we”, “us” or “our”) provides hiring services to the customer named on any booking communications (“you” or “your”) (together, the “Agreement”).
1.2 In this Agreement the following expressions have the following meanings, unless otherwise stated:
“Agreement” means this agreement including the Hire Receipt.
“Cancellation Charges” is as outlined in clause 7.
“Charges” means any type of charge not limited to the Hire Charge, Late Fees, Cleaning Costs, Cancellation Charges, Interest and any additional rates for the Goods as determined by us from time to time.
“Cleaning Costs” is as outlined in clause 10.
“Damage Fee” means, in respect of any Goods (or any part of them) which are damaged, the reasonable cost of repairing such Goods.
“Goods” means any and all equipment, technology, accessories, or products that you hire from us that are listed on a Hire Receipt.
“Hire Charge” means 100% of the cost of the hire of Goods as outlined in the relevant Hire Receipt provided to you.
“Hire Period” means the duration of the hire as set out in Hire Receipt.
“Hire Receipt” means the digital or physical receipt or booking confirmation received by the customer in connection with the hire of the Goods.
“Interest” is as outlined in clause 13.1.
“Late Fee” is as outlined in clause 6.
“Pick-up Time” is as outlined in clause 7.1;
“Pre-Authorisation” is as outlined in clause 5.1;
“Premises” means our physical office at 9/21 Michelle Road, Wigram, Christchurch
“Replacement Fee” means, in respect of any Goods (or any part of them) which are lost or were never returned, the reasonable cost of replacing such Goods by reference to competitive market prices;
“Security Deposit” is an amount determined by us from time to time, taking into account the value of the Goods and any other relevant factor as determined by us in accordance with our company policy
“Verification of Identity Requirements” is as outlined in clause 3.
2 Your Obligations
2.1 You will comply with your obligations under this Agreement.
2.2 In order to provide you with the Goods, you agree to set up an online account with us so that we can collect all the necessary information about you or your business before you are provided with any Goods.
2.3 It is your obligation to ensure that the Hire Receipt or any other written notification we provide to you confirming the terms of this Agreement, correctly states the condition of the Goods and any ancillary information. If you require any information changes during the period of this Agreement, you must notify us as soon as possible.
2.4 If you are contracting with us for the hire of Goods directly to a third party, then you will:
a ) procure that such third party will comply with the terms of this Agreement; and
b ) indemnify us for any claim, loss, damage, or expense incurred by us as a result of any breach of the terms of this Agreement by such third party.
2.5 You acknowledge and agree that:
a ) you received the Goods in good, clean condition and in full working order, and that you raised any defects during pick-up at our Premises and this was recorded on your Hire Receipt;
b ) at all times you will use and look after the equipment in a proper manner;
c ) the equipment shall be maintained and returned in good clean condition and full working order; and
d ) you will exercise reasonable diligence, care and consideration when using the Goods and will not tamper with, damage or attempt to repair the Goods.
3 Verification of Identity
3.1 Unless otherwise agreed by us, before we provide you with the Goods, you must provide the following information:
a ) your New Zealand passport (dated up to three years after the expiry date) or a valid foreign passport or a Driver licence & $800 security deposit taken as a credit card authorisation as mentioned in clause 5.1 ;
b ) recent proof of your address, on a utility bill, bank statement, or any other equivalent document no older than 3 months which consists of your name and address; and
c ) your credit card details.
3.2 You agree that we will securely retain a physical or digital copy of the proof of identity for the purposes security in our system permanently.
3.4 We may request a second form of identification if we are not satisfied with the form of identification you have produced, or it is in a form that we cannot verify. If this Agreement is solely executed online, we will require you to comply with the ID Requirements by uploading a copy of your valid identification to our website and may request that you bring these forms of identification when picking up Goods from our Premises.
3.5 We reserve the right to deny you the hire of any Goods if we are not satisfied with the provided identifications for the purposes of our ID Requirements either online or in person during pickup on our Premises. If any Charges have been made and you have been denied the Goods due to the VOI Requirements you will be entitled to a refund of any of that money.
4 Hire Process and Charges
4.1 You must make an appointment or booking in advance to hire any Goods.
4.2 We may accept walk-in appointments in our sole discretion. You acknowledge and agree that:
a ) there may be a minimum wait time of 2 hours before we are able to provide you with the Goods; and
b ) any Goods supplied to you in connection with a walk-in booking does not affect your obligations under this Agreement, including to inspect the state of the Goods for the purpose of clause 2.3;
4.3 In consideration for providing the Goods, and at the time of making a booking or appointment with us, you agree to pay the Hire Charge and Security Deposit and to authorise the Pre-Authorisation in accordance with clause 5.
4.4 All information that we provide is supplied in good faith, but we do not warrant or guarantee the accuracy or completeness of any information provided by us or any third party.
4.5 We will not be obliged to provide any Goods under this Agreement that are not described in a Hire Receipt.
4.6 You will pay us the Hire Charge and any other Charge incurred in connection with the supply of the Goods to you in accordance with this Agreement.
4.7 Any further Charges, for cleaning, damage, late returns, loss, breakdown, or Interest incurred in accordance with this agreement, will be charged in accordance with this Agreement.
5 Security Deposit & Pre-Authorisation
5.1 Before we accept your booking or appointment, you acknowledge and agree:
a ) to pay the Security Deposit if required; and as mentioned in clause 3.1
b ) we may take a pre-authorisation of the Replacement Fee on your credit card (“Pre-Authorisation”).
5.2 The Security Deposit and, if applicable, the Pre-Authorisation charged to your credit card, will be released to you if you have fulfilled your obligations under this Agreement including but not limited to:
a ) you have paid all Charges due to us under this Agreement;
b ) you have returned the Goods to us at the end of the Hire Period; and
c ) there has been no damage or loss in relation to the Goods.
5.3 You acknowledge and agree that any refund that is to be processed in accordance with clause 5.2 can take up to 7 business days to be processed depending on your financial institution.
5.4 Notwithstanding any other provision in this Agreement, if you incur any:
a ) Late Fee in accordance with clause 6;
b ) Cancellation Charges in accordance with clause 7;
c ) Replacement Fee in accordance with clause 8;
d ) Damage Fee in accordance with clause 9;
e ) Cleaning Costs in accordance with clause 11;
f ) Interest under this Agreement,
the Security Deposit and Pre-Authorisation will be used to cover all applicable Charges and Interest owed to us and any remaining balance on your card in respect of the Pre-Authorisation will be released to you.
5.5 If the Security Deposit and Pre-Authorisation under clause 5.4 is insufficient to cover the costs of any additional Charges and Interest incurred by you, you agree to pay us the balance of the Charges to our nominated account immediately on our request.
6 Late Fee
6.1 You agree to return the Goods to us at our Premises by the drop off time and date as specified in the Hire Receipt.
6.2 If the Goods are returned more than 1 hour after the specified return time on a Hire Receipt, you agree that you may incur and be obliged to pay an additional fee of $40 per hour, unless otherwise agreed by us (“Late Fee”). We may amend the Late Fee at any time in our sole discretion by giving written notice to you, and such amended Late Fee will apply to the future hire of any Goods under a new Hire Receipt.
6.3 If a delayed return impacts the reservation for another customer, the company reserves the right to impose additional fees, determined by the financial loss incurred in securing alternative equipment.
7 Cancellation Policy and No-Shows
7.1 You acknowledge and agree that once a booking is made by you to pick up the Goods within the time indicated on the Hire Receipt, you must do so within such time or, if no such time is indicated on the Hire Receipt, within a reasonable time (“Pick-up Time”).
7.2 You may cancel your order by contacting us in writing. If you cancel your order:
a ) 7 Days or more in advance of the hire period will receive a 100% refund minus any credit card transaction fees.
b ) 2-6 Days (48-167 hours) out from the start of the hire period will receive a 75% refund.
c ) 24-48 hours of the start of the hire period will receive a 50% refund.
b ) inside of the 24-hour period before your Pick-up Time, no refund for your given.
(collectively, the “Cancellation Charges”).
7.3 Where you have incurred Cancellation Charges, we will notify you in writing. All refunds will be reversed to the credit card used at the time of booking. It may take up to 5 business days to receive your refund.
7.4 You acknowledge that the Cancellation Charges are fair and reasonable and take into account the loss suffered by the Company as a result of your late cancellation, including our costs to prepare your order and lost opportunity.
7.5 We may at our discretion waive the Cancellation Charges in exceptional circumstances.
7.6 Where you have not cancelled your booking before the Pick-up Time and you fail to pick up the Goods within the relevant Pick-up Time, you agree that:
a ) we may keep the total Hire Charge paid by you at our sole discretion; and
b ) the Security Deposit and any applicable Pre-Authorisation will be released to you within a reasonable time.
7.7 Nothing contained in these Terms, excludes, restricts, or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Consumer Guarantee Act.
8 Loss and Failure to Return
8.1 You agree that if you lose, or fail to return to us, all or part of the Goods you must pay the Replacement Fee.
9 Damage Fee
9.1 You agree that any damage to the Goods that you cause or contributed to, will incur a Damage Fee as reasonably determined by us.
10.1 If we determine, in our sole discretion, that on returning the Goods, they need to be cleaned or serviced to return it to full working order, you agree to pay any reasonable cleaning or servicing costs specified by us (“Cleaning Costs”).
11.1 If the Goods breakdown, or you damage or lose the Goods during the Hire Period, you must notify us and return the equipment to us as soon as possible. You agree that you will not attempt to repair any Goods without our express prior written agreement.
12.1 Insurance is included with all rentals and carry an excess of $800 in the event a claim is placed.
13.1 If payment of any Charges is not received by any applicable due date either described in this Agreement or on the relevant Hire Receipt provided to you, we will be entitled (without prejudice to any other right or remedy) to:
a ) withhold further Goods being lent until payment is received in full and in cleared funds;
b ) require the Goods to be returned to our Premises;
c ) charge interest on the outstanding amount at the rate 5.5% per annum (“Interest”);
d ) require that you make advance payments of the Charges or other amounts due in full or in part prior to the supply or delivery of further Goods; and/or
e ) terminate this Agreement.
13.2 You will make all payments without tax deduction unless a tax deduction is required by law. If you are required to make a tax deduction by law, the payment due from you to us will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required.
14 Warranties and Indemnity
14.1 You will use reasonable care and skill in using the Goods.
14.2 You agree to use your reasonable endeavours to ensure that you are full and accurate and notify us in writing if there is any change to the information supplied.
14.3 Except as provided in this Agreement and to the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Goods provided hereunder is given or assumed by us and all implied warranties are hereby excluded.
14.4 You agree that you will fully indemnify us and our team (e.g., directors, officers and employees) for any and all expenses and costs arising out of any claims, proceedings, demands, liabilities that result from, or have any connection with any of the following:
a ) loss, damage, lateness, cleaning or breakdown caused by you or that may result whilst using the Goods;
b ) your contractual breach or non-performance of this agreement in any Charges;
c ) a negligent, wilful or wrongful act or omission by you; or
d ) any tax liabilities or debts that arise for us due to your breach of your tax obligations under this agreement.
14.5 You also agree that we may set-off any amount owed to us from you against any fees or amount we owe you under this Agreement.
14.6 You will indemnify us for any loss, liability, or cost that we directly or indirectly suffer in relation to any tax other than tax levied under the law of New Zealand unless that loss, liability or cost is compensated by an increased payment.
15 Liability and Exclusions
15.1 Nothing in this Agreement will in any way exclude or limit either party's liability to the other for negligence, or liability for fraudulent misrepresentation or for any other liability which by law it is not possible to exclude or limit.
15.2 Your total liability to us (whether based on warranty, contract, tort, statute, misrepresentation or otherwise) arising out of, or in connection with, this Agreement, for any one event or a series of related events, will be limited to the total 1.5 times the Charges payable or paid (excluding GST and expenses) by you.
15.3 Neither party will be liable for any indirect, consequential, special, or incidental loss or damages of any kind including loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to this Agreement.
15.4 The parties acknowledge that the limitations of liability contained in this clause 15 are a fair and reasonable allocation of the commercial risk between the parties.
15.5 This clause 15 survives the termination or expiry of this Agreement.
16 Reservation Cancellation, Trustworthiness, and Information Sharing
16.1 Lightchasers Rentals reserves the right to cancel any booking at any time at its sole discretion if we obtain credible information suggesting that the Customer is deemed untrustworthy or engages in activities that may pose a risk to the equipment, the Company, or other customers. Such information may include, but is not limited to, past incidents of non-compliance with rental terms, misuse of equipment, fraudulent activity, or any other behavior that raises concerns about the Customers trustworthiness.
16.2 In the event of a cancellation under this clause, we will make reasonable efforts to notify the customer promptly using the contact information provided at the time of booking. we will not be liable for any costs, damages, or losses incurred by the Customer as a result of such cancellation.
16.3 Additionally, in the event of damage to equipment, failure to return rented items, or unpaid invoices, the Company reserves the right to share the Customers information with other rental companies in New Zealand. This information may include the Customers name, contact details, and details of the incident leading to the cancellation of the reservation.
16.4 Our decision to share information with other rental companies is at its sole discretion, and the Customer acknowledges that such sharing is intended to protect the interests of the rental community in New Zealand.
16.5 By entering into this agreement, the Customer expressly acknowledges and accepts the terms of both the Reservation Cancellation at our Discretion and Information Sharing clauses.
17.1 Variations to this Agreement will only be effective if in writing and signed by authorised representatives of both parties.
17.2 We may assign, sub-contract, or otherwise transfer any or all of our rights and/or obligations under this Agreement. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations under this Agreement with our prior written consent, which can be refused at our absolute discretion.
17.3 If either party chooses to waive or ignore a breach of this Agreement, this will not prevent that party from taking action in respect of the same type of breach at a future date.
17.4 If any provision of this Agreement is held invalid or unenforceable, such provision will be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of this Agreement will continue in full force and effect.
17.5 This Agreement is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
17.6 This Agreement may be executed in counterparts and all counterparts taken together will constitute one instrument.
17.7 This Agreement constitutes the entire agreement between the parties in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into this Agreement.