TERMS OF SERVICE
CampLight Limited NZBN 8045216 Terms & Conditions Hire Service
Terms and conditions overview
These are the terms and conditions subject to which we allow you to hire our Equipment.
This service is operated by CampLight Limited. Throughout the service, the terms “we”, “us” and “our” refer to CampLight Limited. Where we refer to “you”, that is you, the customer employing our Service and your guests.
By visiting our site and making a booking with us, you engage in our “Service” and agree to be bound by the following terms and conditions.
Any new features or tools which are added to the current service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
SECTION 1. Definitions
These definitions apply unless the context requires a different interpretation:
"Equipment" refers to the physical goods supplied to you, the customer for the agreed hire period by us as part of your agreed package and stipulated on your quotation and correspondence.
“Hire Period” refers to the period of time within which you are entitled to possession of the Equipment. If exceeded you will ensue a charge and loss of your security deposit.
"Quotation" is an agreed upon offer from us to you for our service and is valid only until stipulated on the quotation document.
“Booking Deposit” is the money transferred to secure your booking with us. The Deposit is the total Charge for our service as agreed upon in the Quotation.
“Damage Deposit” refers to an additional, refundable sum paid by you to us in the event of any damage or evidence of misuse. We reserve the right to calculate this according to the nature and size of a booking. We reserve the right to retain this if the equipment is returned late, unclean, damaged or in any other way deemed by us to have been misused.
"Services" refers to the hire of our Equipment and additional services we provide to you under this contract.
“Charge/s” refers to the costs of hireage and all associated costs outlined in the Accepted Quotation.
SECTION 2. The Basic Contract
2.1. This is a hire agreement. We own the Equipment and hire it to you for the Hire Period agreed, for an agreed price/charge. You may not deal with the Equipment in any way which is contrary to our ownership of it. If you do, you will be in breach of this agreement and will also be committing a criminal offence.
2.2. The Hire Period is that which has been stipulated upon the final paid invoice.
2.3. The Quotation is an invitation to hire. Neither of us is bound to a legal agreement until you accept the quotation and pay the subsequent invoice.
2.4. This agreement and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By paying the deposit, you accept the terms set out in the Quotation and the terms of this agreement.
2.5. Risk in the Equipment passes immediately to you when the Equipment leaves our possession. That means you are responsible for taking care of it. You remain responsible until the Equipment is safely back in our possession.
2.6 You may not smoke or Vape under any of our tents, marquees or shades. By doing so you will be in breach of this agreement and will forfeit your Damage Deposit.
SECTION 3. Charges and Security Deposit: payment procedure
3.1. All Charges are specified in the Invoice.
3.2. All the payments may be made by cash, bank deposit or credit card or otherwise as specified in the Invoice.
3.3. The Deposit as specified in the Invoice shall be paid by you to us on acceptance of this agreement. Only then shall your booking be confirmed.
3.4. Damage Deposit Payment: CampLight Limited requires a Bond to be paid to ensure the due and proper performance by the Hirer of its obligations under this Agreement. This Bond is in addition to any other fees or charges payable under this Agreement. The Hirer agrees to pay the Owner a Bond of an amount and on the date specified (if any) in the Invoice.
3.5. Use of Bond Money: The Bond will be held in trust by CampLight Limited and should the Hirer breach or fail to properly perform the Hirer’s obligations under this Agreement, we may use the Bond to carry out the Hirer’s obligations and deduct from the Bond any money payable to the Owner under this Agreement.
3.6. Return of Bond Money: Where the Hirer has properly complied with all its obligations under this Agreement and Clause 3.5 does not apply then within a reasonable time following the conclusion of the Event and the Hire Period, CampLight Limited will refund the Bond money to the Hirer.
SECTION 4. Cancellation
4.1. If you cancel an order after you have contracted our service, we shall have lost money. You agree that we may reasonably charge you the following deductions dependent on the cancellation time period.
The cancellation of a reservation or the cancellation of part of a reservation must be made in writing/email and received by us. The following cancellation fees will be charged:
Up to 60 days before the date of the function: We retain 50% of the hire charge. The damage deposit and transport and labour charges will be refunded in full.
59 days or fewer before the date of the function: 100% of the Hire charge and the labour charge will be retained. The damage deposit and transport fee will be refunded in full.
4.2. Where CampLight Limited advises the hirer of weather which has the likelihood of causing damage to the equipment, the hirer has the option of a refund or a transfer of dates of the Hire Period up to 12 months from the scheduled booking. If the hirer wishes to cancel a booking due to bad weather conditions but CampLight Limited deem the weather forecast to be satisfactory to the conditions of the equipment then the hirer will be accountable to the cancellation policy as stipulated in clause 4.1.
4.3. All medical cancellations must be accompanied by a medical certificate and will apply to the person listed on the certificate only. Medical cancellation will provide the hirer with a full refund but must be lodged with the owner no later than 24 hours before the booking OR the booking deposit will be forfeited.
SECTION 5. Breakdown and repair
5.1. You must inform us immediately of any problem in the operation of the Equipment.
5.2. If you have been negligent in your care or use of the Equipment, you will pay us for appropriate replacement equipment of the same quality without deduction for depreciation or use.
SECTION 6. Hirer’s other obligations
You agree that you will:
6.1. not sublease any of the equipment unless you have express written permission from us.
6.2. not take the Equipment to any site other than the Site.
6.3. use the Equipment only for the intended purpose and in accordance with any instructions and to its capacity limits. For the Starshade 1700 Pro, this means removing the clear panels if unattended over night, relieving tension over night and re-tensioning in the morning. The Starshade 1700 Pro is unsafe in winds close to 50mph
6.4. return the Equipment to us in condition in which you collected it / we delivered it to you.
6.5. not attempt to repair or service the Equipment before first consulting the owner.
SECTION 7. Loss or damage caused by third parties
7.1. You must inform us immediately if the Equipment is stolen or damaged by a third party.
7.2. You undertake to report the theft to us and to the Police, and after that to co- operate with us and with the Police so far as your help may be required.
SECTION 8. Disclaimers and limitation of liability
8.1. Conditions, warranties or other terms implied by statute or common law in any country, are excluded from this agreement to the fullest extent permitted by law.
8.2. We are not liable to any person in any circumstances if at any time:
8.2.1 the Equipment has been damaged in any way what so ever;
8.2.2 the Equipment has been repaired or serviced by someone not authorised by us to provide that service;
SECTION 9. Termination
This agreement terminates on the first to happen of the following events:
9.1. at the expiry of a fixed Hire Period set out in the Invoice, or any extension of it;
9.2. we give you notice that we are terminating the agreement because you are, or might be, in breach of this agreement, including a failure to make payment of Charges when due.
SECTION 10. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
10.1. your failure to comply with the law;
10.2. your breach of this agreement;
10.3. a contractual claim arising from your use of the Equipment or the Services.
SECTION 11. Miscellaneous matters
11.1. No amendment or variation to this agreement is valid unless in writing, signed by us.
11.2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence, except we shall not be liable if delivery of the Equipment by us to the Site is delayed for reasons beyond our control.
11.3. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
11.4. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
11.5. This agreement does not give any right to any third party.
11.6. Unless this agreement says otherwise, neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
11.7. The validity, construction and performance of this agreement shall be governed by the laws New Zealand.
Tessa Moriarty Owner/Director
On behalf of: CampLight Limited