FILM RADIOS.COM LIMITED TERMS OF BUSINESS
"Business Day " means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general business in Queenstown.
For the purpose of this document Film Radios.com Ltd will be referred as Film Radios
"Customer" means the person hiring Equipment from Film Radios or a person acting on their behalf.
"Equipment " means any two way radio or other communications device or accessories hired by Film Radios to the Customer.
"Hire Period " means the hire period agreed, whether orally or in writing, between Film Radios and the Customer.
Terms of payment
The price of the Equipment, plus GST shall be paid by the Customer to Film Radios when and how specified by Film Radios
The Customer may not deduct or withhold any money owing to Film Radios.
If full payment is not made to Film Radios when due, the Customer must pay on demand interest at a rate 5% above the current base lending rate from the date when payment is due until the date when payment is actually made.
All warranties, descriptions, representations, terms or conditions whether implied by law or otherwise and all other liabilities of Film Radios are expressly excluded.
Limitation of liability
If Film Radios is liable, the total liability of Film Radios is limited to the lesser of:
(a) the hire charge of the relevant Equipment.
(b) the cost of repairing or replacing the defective Equipment,; or
(c) the actual loss or damage suffered by the Customer.
Except where statute expressly requires otherwise, Film Radios is not liable for any loss of profits, consequential, indirect or special damage, loss or injury of any kind suffered by the Customer or any other person.
The Customer indemnifies Film Radios and any Film Radios employee or agent from all costs, losses, expenses, claims or liability arising, directly or indirectly, in connection with any act or omission of the Customer, its employees or representatives.
Where the Customer has hired Equipment and it is normal industry practice to display screen or advertising credits the Customer will give screen and advertising credits.
The Customer may not transfer or assign any of its rights or obligations under these Terms without the prior written consent of Film Radios.
Failure by Film Radios to insist upon strict performance by the Customer of any of these Terms is not to be a waiver of any rights of Film Radios on any subsequent occasion.
These Terms are governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
Each notice or other communication under these Terms is to be in writing, is to be made by fax, personal delivery or by post to the addressee at the fax number or address last known to the sender, and is to be marked for the attention of the person or office holder (if any) designated for the purpose by the addressee to the other party.
No communication is to be effective until received. However, a communication will be deemed to be received by the addressee:
(a) in the case of a facsimile, on the Business Day on which it is dispatched or, if dispatched after 5 p.m. (in the place of receipt) on a Business Day or, if dispatched on a non-Business Day, on the next Business Day after the date of dispatch;
(b) in the case of personal delivery, when delivered; and
(c) in the case of a letter, on the Business Day after posting by ordinary mail.
(d) in the case of an email, on the Business Day on which it is dispatched or, if dispatched after 5 p.m. (in the place of receipt) on a Business Day or, if dispatched on a non-Business Day, on the next Business Day after the date of dispatch;
II. Equipment terms of hire
The Customer shall be responsible for the collection and return of Equipment.
and at all times, bear the risk and the cost of delivery.
Terms of hire
The Customer is liable for all damage to, or loss or destruction of Equipment.
In the case of such loss, destruction or damage the Customer will pay to Film Radios on demand (at Film Radios discretion):
(a) the full current new replacement price, or
(b) the cost of repair of the relevant Equipment; or
(c), an amount equal to the full current new replacement price of the relevant Equipment plus 2 weeks hire charge at the normal rates.
If Film Radios supplies Equipment to a Customer to replace lost, destroyed or damaged Equipment the normal rates will apply to such supply.
Film Radios has sole discretion to determine whether the Equipment shall be repaired or replaced, the method of repair, and by whom the repair shall be carried out.
On the return of Equipment Film Radios is not obliged to inform the Customer of particular liability until such time as the Equipment has been fully checked in by Film Radios.
The Equipment will be deemed to be free from damage and defects at the time the Customer takes possession unless otherwise agreed.
On the return of equipment If additional technical checks or internal cleaning are required, the Customer will pay for such work.
The Customer will at all times ensure that only people who are appropriately trained with, and competent at operating, are permitted to use the Equipment.
The Customer will not lend or re-hire the Equipment to any other person or persons, without the express written consent of Film Radios.
The Customer will not, without the prior written consent of Film Radios subject the Equipment to any hazardous assignment or abnormal risk.
The Customer will not attempt to dismantle, repair or adjust any equipment
without consent from Film Radios and the Customer will be liable for any damage or defect arising from such act.
The Customer will promptly notify Film Radios of any damage or defect arising during the hiring, and supply details of any incident that occurred during the hiring likely to cause defects or damage.
Hire charges for Equipment are as agreed with Film Radios.
Film Radios reserves the right to alter its hire charges without notice.
The Customer will pay to Film Radios any associated costs which Film Radios may be liable to pay in connection with the hire of Equipment. When the Customer fails to return the Equipment on the expiry of the Hire Period, the Customer will then be liable for additional fees at the full daily rate in respect of each day until the Equipment is returned.
Film Radios may require a deposit prior to accepting a confirmed order or the commencement of a hire.
Risk and insurance
The Equipment will be at the Customer's risk from the time the Equipment is delivered to the Customer until the time it is returned and accepted by Film Radios. Acceptance of Equipment by Film Radios does not release the Customer from responsibility for loss, destruction or damage of Equipment.
The Equipment must be insured by the Customer, with a reputable insurer, against risks and on terms, acceptable to Film Radios. Copies of insurance documents must be delivered to Film Radios before the Hire Period commences.
The insurance policies must cover any hire charges incurred while Equipment is lost, damaged or destroyed. Film Radios' acceptance of the Customer's insurance does not reduce or alter the Customer's liability under these Terms.
Film Radios must be noted as joint insured (and loss payee) under all insurance policies relating to hire.
The Customer will not:
(a ) subject any Equipment to abnormal or hazardous conditions or possible damage by foreign materials (such as salt, water, dust or sand) without the prior approval of Film Radios and (if required) prior notification or approval of the insurer.
Where requested by the Customer, Film Radios may agree to arrange appropriate insurance and charge the Customer accordingly for such insurance cover.
In all cases the Customer must pay any excess, deductible or exclusion and applicable premium.
Notwithstanding any such insurance cover, or the fact that a charge is made for it, the Customer remains liable to Film Radios to the extent that the insurance cover does not result in payment to Film Radios in satisfaction of the Customer's liability under these Terms.
If the Customer cancels there may be a cancellation fee of up to 100% of the estimated hire charge.