The Big Screen Company Limited

Terms & Conditions.

1. Definitions

In these terms and conditions (and in any document in which reference is made to these conditions) the following terms shall have the following meaning:

Agreement” means the contract(s) made between TBSC and Customer for the hire of the Equipment for the Period of Hire to which these terms and conditions (together the “conditions”) and the Rental Booking Form apply.

Customer” means the person, firm or company who hires the Equipment under an Agreement and as identified on the Rental Booking Form, including that party’s employees, agents and contractors.

Equipment” means the equipment hired to Customer by TBSC under an Agreement.

Hire Charge” means the applicable hire charge(s) and any other charges payable by Customer to TBSC for the hire of the Equipment for the Period of Hire.

Period of Hire” means the period set out in the Rental Booking Form.

Rental Booking Form” means the rental booking form completed by Customer with respect to the Equipment and the Period of Hire and signed by both TBSC and Customer and which forms part of an Agreement.

Site” means the site of Customer’s event identified by Customer on the Rental Booking Form.

TBSC” means The Big Screen Company Limited.

2. General

2.1   All quotations are made, all orders received and accepted and each Agreement is entered into by TBSC subject to these conditions of hire to the exclusion of all other conditions.

2.2   These conditions shall prevail over any inconsistent terms applied by the law or by trade custom, practice or course of dealing and previous terms and conditions (if any) of TBSC and any such terms and conditions stipulated by Customer (howsoever arising) are hereby excluded and negated unless expressly agreed otherwise in writing by TBSC.

2.3   No employee, contractor or agent of TBSC is authorised to vary these conditions or to make any warranty, representation or promises about the condition of the Equipment, their fitness for any purpose or any other matter whatsoever, unless expressly agreed otherwise in writing by TBSC.

2.4   No terms, conditions, warranties or representations not recorded herein shall be binding on TBSC, except where such is necessarily imported into any Agreement by the statute, act or a common law and is not specifically excluded hereunder.

2.5   TBSC does not represent or warrant that the Equipment supplied or its capacity or performance is suitable for the Customer’s purpose.

3. Quotations, Acceptance and Orders

3.1   Unless otherwise stated in writing any quotation issued by TBSC will remain open for 5 working days only or only for up to 5 working days prior to event and shall then lapse.

3.2   A quotation shall not constitute a commitment on the part of TBSC to supply Equipment and no Agreement exists until there has been acceptance by Customer in writing by a duly authorised employee or agent of Customer.

4. Charges, Payments and GST

4.1   Customers without approved credit terms shall pay to TBSC the Hire Charge in accordance with the following schedule, unless the contrary is agreed in writing by TBSC:

  • 50% to be invoiced on placing the order.
  • 50% will be invoiced on the day of the event.

4.2   Customers with approved credit terms shall pay to TBSC the Hire Charge in accordance with the following schedule, unless the contrary is agreed in writing by TBSC.

  • 35% will be invoiced on placing the order.
  • 65% will be invoiced on the day of the event.

4.3   Customer agrees to make payments, in full, within 5 working days of the date of invoice.  If an invoice is not paid by the due date for that invoice then TBSC may at its absolute discretion:

  • Terminate the Agreement;
  • Charge (and Customer agrees to pay) interest on any overdue amount at the rate of 10% per month and any costs incurred by TBSC in recovering the overdue amount;
  • Refer any unpaid or overdue amount to a debt collection agency or agencies to recover such amounts and the agencies’ cost for providing such services to TBSC. TBSC may share information about Customer with those agencies to assist with collection of the debt.

4.4   All sums due to TBSC under an Agreement shall be paid together with GST and any other applicable taxes, which may from time to time be introduced, which shall be charged thereon in accordance with the relevant regulations and at the applicable rate in force at the time of charging.

4.5   TBSC shall be entitled to demand immediate payment by Customer of any costs and expenses incurred by or on behalf of TBSC in taking all necessary steps in ascertaining the whereabouts of the Equipment or repossessing it, to recover any payments due under these conditions or to enforce any other terms of these conditions.

5. Logistics

5.1   TBSC shall:

5.1.1  deliver and establish the Equipment to the Site at the beginning of the Period of Hire;

5.1.2  operate the Equipment, generally in accordance with Customer’s reasonable requirements, during the Period of Hire; and

5.1.3  disestablish and remove the Equipment from the Site.

5.2   Customer shall, at its own expense, supply or procure the supply of suitable operating areas, electrical supply and environment for the Equipment in accordance with TBSC’s instructions and specifications.

5.3   Customer shall, at its own expense, ensure unrestricted movement (including adequate ground conditions) around Site for the Equipment.

5.4   Unless otherwise agreed in writing, Customer shall be absolutely responsible for the timely provision of screen content to TBSC in a format that conforms to TBSC’s technical specification.

5.5   On arrival on site TBSC requires a competent person nominated and authorised by Customer as its representative during the Period of Hire to be responsible for determining the position and orientation of the Equipment on the Site.  TBSC shall be met on arrival on site by this person.

5.6   Customer is responsible for obtaining all necessary permissions to allow TBSC to park its vehicles in the area surrounding the Equipment. If permits or site permissions are required by TBSC then these shall be obtained by Customer prior to the event and provided to TBSC at no cost.

5.7   Customer is responsible for 24/7 security of the Equipment during the Period of Hire.

5.8   Where TBSC deems necessary, for any reason other than fault on the part of TBSC, Customer shall bear the cost of any extra costs required for the safe transport, establishment and removal of the Equipment.

6. Alternative Equipment

6.1   TBSC reserves the right, if it considers necessary at its absolute discretion, to remove the Equipment from Site and provide replacement Equipment having capabilities materially equivalent to that of the Equipment.

6.2   TBSC reserves the right to make changes in the specification of the Equipment to be supplied provided such changes do not materially affect the quality of the Equipment.

6.3   TBSC shall, as far as is practicable, give Customer prior notice of the change to any specification or Equipment.

7. Ownership and Security of Equipment

7.1   Customer acknowledges that beneficial and legal title in the Equipment shall remain in TBSC at all times and Customer shall have no right or interest in the Equipment except for the right of use of the Equipment upon the terms of these conditions.

7.2   Customer shall not, without TBSC’s prior written consent, move or procure the removal of the Equipment from its designated position on the Site.

7.3   Customer shall not at any time sell, offer for sale, rent, lease, pledge or lend or otherwise part with possession of any Equipment that is the sole property of TBSC.

7.4   TBSC reserves the right to stop the use of all Equipment due to reasons beyond its control.

8. Personal Property Security Act 1999 (“PPSA”)

8.1   TBSC and Customer acknowledge and agree that, because each period of hire is generally less than one year, the PPSA does not apply to the hire of Equipment by Customer.

8.2   Despite clause 8.1, if an Agreement does create a security interest that is governed by the PPSA:

(i)     Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA; and

(ii)    TBSC and Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to that Agreement.

8.3   Customer waives its right to receive a verification statement in respect of any financing statement or financing change statement relating to any security interest created under any Agreement.

9. Proper Use, Loss and Damage

9.1   Customer shall only use the Equipment for the purpose described in the Rental Booking Form and in accordance with the laws of New Zealand and any other relevant, authority, agency and the like.  For the avoidance of doubt, the proper use of the Equipment includes its use in accordance with all relevant health and safety regulations and plans.

9.2   Customer shall not attempt to alter, repair, or modify the Equipment.

9.3   Customer shall be liable for and shall indemnify TBSC in full against, damage to the Equipment, theft of any Equipment or any other loss occurring during the Period of Hire.

9.4   Unless otherwise agreed in writing between TBSC and Customer, TBSC shall not be responsible for any data, signals, content, tapes, disks, compact disc or records for use with the Equipment during the Period of Hire.

10. Access to Equipment/Removal of Equipment

10.1 Customer shall provide or ensure that TBSC, its employees, contractors or agents, has access to the Equipment at all times.

10.2 In the event that the Equipment cannot be removed from the Site, for any reason other than fault on the part of TBSC, Customer shall pay to TBSC additional rental at TBSC’s standard daily rental rate until the end of the calendar day on which the Equipment is removed from the Site.

11. Licenses, etc.

11.1 Customer shall indemnify and keep indemnified TBSC against any and all costs, claims, liabilities, damaged, expenses, proceedings, actions or demands (including without limitation legal fees and costs) resulting at any time from Customer’s use of the Equipment in breach of alleged breach of any copyright or other rights.

11.2 Customer must obtain prior to installation of the Equipment all consents, permissions and approvals required in the respect of such installations, any services and structures associated with the installation and Equipment and use of the Equipment during the Period of Hire.

12. Cancellation or Changes to the Period of Hire by Customer

12.1 After Customer has accepted an offer to hire Equipment from TBSC, no changes to the Equipment hired or Period of Hire are permitted unless agreed in accordance with this clause 12.

12.2 If Customer wishes to cancel an Agreement after Customer has accepted the offer to hire Equipment Customer shall be liable to make payment to TBSC as scheduled below:

Notice of Cancellation Received % of Hire Charge Payable
After return of the signed Agreement, but before 10 working days of the event. Deposit retained
Within 10 working days of the event, but before 24 hours of the event 60%
Within 24 hours of the event 75%
Following delivery of Equipment to the Site 100%
Unless otherwise agreed in writing

12.3 If Customer seeks to extend the Period of Hire then the parties shall seek to negotiate and agree in writing such extension, including the amended Hire Charge.  TBSC shall not be obliged to agree to any such extension and refusal on the part of TBSC shall not release Customer from its obligation to pay the Hire Charge.

12.4 In the event that Customer attempts to terminate an Agreement before the expiry of the Period of Hire, TBSC may, at its absolute discretion and without prejudice to its right to treat cancellation as breach or repudiation of that Agreement, agree to accept such cancellation provided that Customer shall not be entitled to any refund of the Hire Charge or any other payments made to TBSC.

12.5 If TBSC cancels an Agreement after Customer has returned the order for the Equipment then Customer will receive a full refund of all monies paid in respect of the agreed event.

13. Termination by TBSC

13.1 Without prejudice to its other rights, TBSC shall have the right forthwith to terminate an Agreement by notice in writing to Customer, and to claim any resulting losses or expense if:

13.1.1   Customer fails to make any payments when those payments become due; or

13.1.2   Customer commits any material breach of its obligations under that Agreement and as advised by TBSC in writing and Customer fails to remedy that breach within a period reasonably determined by TBSC; or

13.1.3   Customer is or becomes insolvent, enters into a scheme of arrangement or compromise with or for the benefit of its creditors, ceases or threatens to cease to carry on its business, has a receiver, receiver and manager, official manager, statutory manager, trustee, administrator or similar appointed overall or some of Customer’s assets, or an application or order is made, or a resolution is passed, for the liquidation of Customer.

13.2     If TBSC terminates an Agreement to hire Equipment, Customer irrevocably permits TBSC to immediately or at any time after termination enter into any of Customer’s premises or event sites at which the Equipment is located and remove such Equipment.

14. Health and Safety

The health and safety of all parties associated with Customer’s event is of paramount concern to TBSC.  Customer shall, no later than TBSC’s arrival on site, induct TBSC representatives into Customer’s health and safety plan for the event and advise TBSC of Customer’s health and safety site representative for the event.

15. Weather

TBSC reserves the right to withdraw the Equipment prior to or during an event due to adverse weather conditions.  Withdrawal of the Equipment due to adverse weather conditions shall not entitle the Customer to any credit of the Hire Charge.

16. Limit of Liability

16.1 TBSC accepts no liability for death or personal injury resulting from the negligence of Customer or its employees, contractors or agents whilst acting in the course of their employment.

16.2 TBSC shall not be responsible for any delays, accidents or loss or damage of any kind, direct, indirect or consequential (including the total costs thereof) which may arise through defects or breakdowns of the Equipment.

16.3 The maximum aggregate liability TBSC may have to the Customer for any reason under any Agreement shall be the amount already paid by Customer to TBSC in relation to that Agreement.

17. Non Assignment

17.1      Customer shall not assign, delegate or otherwise deal with all or any of its rights and obligations under any Agreement without TBSC’s prior written consent.

17.2 TBSC shall have the right to assign or otherwise delegate all or any of its rights and obligations under any Agreement upon notice to Customer.

18. Force Majeure

Neither party shall be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control.

19. No Waiver

Failure by either party to exercise any rights conferred by these conditions or any Agreement shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof or any other rights on any later occasion.

20. Notice

Any notice to be given in writing hereunder by the parties shall be deemed to have been duly served if delivered personally or sent by pre-paid first class post to the address of the party stated overleaf or to such other address as such other party may notify in writing to the sender.

21. Law and Jurisdiction

Any Agreement shall be construed and interpreted in accordance with New Zealand law and the parties hereby agree to submit to the sole jurisdiction of the New Zealand courts in respect of any dispute arising out of or in connection herewith.

22. Entire Agreement

The Agreement constitutes the entire Agreement, understanding and arrangement (express and implied) between the parties relating to the subject matter of the Agreement and supersede and cancel any previous Agreement, understanding and arrangement relating thereto, whether written or oral.  In the event of any conflict between the provisions of the Agreement and the Rental Booking Form, the provisions of the Agreement shall govern.