Terms and Conditions
TERMS & CONDITIONS OF TAYLOR BELL TENTS
By making a booking or placing an order the Guest(s)/Buyer(s) accepts the terms and conditions of the Company, as detailed below.
‘Buyer(s)’ means the person(s) who accepts a quote from the Company for the purchase of Goods;
‘Company’ means Taylor & Bell Tents;
‘Contract’ means the contract between the Guest(s)/Buyer(s) for the hiring or purchasing of Goods or services from the Company in accordance with these conditions;
‘Conditions’ means the terms and conditions set out in this document, including any other terms and conditions which are agreed in writing between the parties;
‘Delivery Date’ means the date on which the Goods are to be delivered as stipulated in the Contract;
‘Event Manager’ means the person designated as such by the organiser of the event for which the Goods have been hired, or such other person primarily responsible for managing that event.
‘Goods’ means the goods (namely tents and related equipment) which the Company is to supply in accordance with these Conditions;
‘Guest(s)’ means the person(s) who agree to hire Goods from the Company;
‘Third Party Goods or Services’ means any goods or services that the Company has ordered through a third party for the purposes of delivering a hire package as stipulated on the invoice including but not limited to portaloos, showers and marquees; and
‘Working Day’ means any day other than a Saturday, Sunday or bank holiday.
HIRING OF GOODS
2. Hire packages:
2.1 A range of glamping hire packages are available that include tents and related equipment such as beds, bedding, tables and lighting as specified in the hire packages marketing brochure issued by the Company from time to time in relation to the hire of Goods.
2.2 All such marketing brochures and related price lists are subject to amendment without notice. Any clerical error or omissions of any type in any of the marketing brochures and related price lists issued by the Company will be subject to correction without any liability on the part of the Company.
3. Marketing Services
Guest(s) may request to have a link added to their personal event page such as a wedding or a festival of the Goods for hire under each glamping hire package. A fixed fee as stipulated in the invoice will be charged for the initial set up of this link. Any change requested to the link after it has becomes active on that event page shall be charged for at the fixed rate set out in the invoice. For the avoidance of doubt each such change requested shall incur a fee at the fixed rate.
4. Hiring Payment Terms
4.1. To secure a booking to hire Goods the Guest(s) must pay the full value of the rental as stipulated in the current hire packages marketing brochure and related price as set out in the invoice within 14 days of the invoice date unless otherwise agreed with the Company in accordance with clause 4.2. No booking is secured until full payment is made.
4.2. The Company may agree from time to time for Guest(s) to pay the full value of the rental in instalments. The date and amount of each instalment payment will be set out in the invoice. No booking is secured until full payment is made.
4.3. In addition to the full value of the rental Guest(s) will be charged for the costs of delivery. The delivery cost shall be stipulated in the invoice. Additional items hired will increase the delivery cost. Any increase will be notified to the Guest(s) by the Company.
4.4. In addition to the full value of the rental Guest(s) may be required to pay a bond to secure payment of any excess payable under clause 8 on the same day as the full value of the rental is due. The amount of any such bond shall be stipulated in the invoice.
5. Cancellation by Guest(s)
In the event of cancellation by the Guest(s), the Company will refund the following to the Guest(s):
5.1. If cancelled more than 56 days before the first day of the scheduled hire: 90% of the invoiced booking charges less charges for any Third Party Goods or Services that are not refundable to the Company or for any services provided under clause 3.
5.2. If cancelled between 56 and 14 days before the first day of the scheduled hire: 50% of the invoiced booking charges less charges for any Third Party Goods or Services that are not refundable to the Company or for any services provided under clause 3.
5.3. If the booking is cancelled by the Guest(s) less than 14 days before the first day of the scheduled hire the Company reserves the right to retain:
5.3.1. 100% of charges for any Third Party Goods or Services that are not refundable to the Company or for any services provided under clause 3; and
5.3.2. 90% of any other invoiced booking charges.
6. Cancellation by the Company
6.1. In circumstances where full payment has not been received 14 days prior to the first day of the scheduled hire, the Company reserves the right to terminate the hire and withhold any payments already made.
6.2. While every possible effort will be made by the Company to complete a hire as per the booking, the Company cannot be held liable for any failure to complete the hire as per the booking due to matters beyond its control. The booking is subject to cancellation or variation due to events outside the Company’s control – including by way of example (but not in limitation) earthquake, volcanic eruption, war, strikes, riots, extreme weather conditions such as flood, storm, gale or restrictions on the use of transport and access to the site. In the case of any such cancellation, the Company will refund the full amount paid by the Guest(s) less charges for any Third Party Goods or Services that are not refundable to the Company. In the case of any such variation, the Company will adjust the booking charges accordingly and reserves the right to increase or charge additional sums for any necessary replacement or additional Goods.
6.3. The Company retains the right to cancel the booking, if conditions beyond the control of the Company result in an unsafe or unsuitable environment and risks damage to the Goods.
7. Use of Goods by a Guest(s)
7.1. Guest(s) must take all reasonable measures to keep tents closed, dry and secure while not occupied during the period of hire. This includes keeping all tent flaps closed when no one is in the tent (including upon completion of the period of hire).
7.2. The use of any naked flame, heating, cooking or other gas or electrical appliances of any kind within the tents is strictly prohibited.
7.3. Smoking inside or close to the tents is strictly prohibited.
7.4. No shoes are to be worn inside the tents at any time.
7.5. In the event any of the Goods are unacceptable to the Guest(s) or incorrect, the Event Manager must be notified before use.
7.6. Making any adaptations or additions to any of the Goods is strictly prohibited.
7.7. The Company must be notified as soon as is reasonably possible if any damage occurs to any of the Goods (including excessive soiling). The Guest(s) will be charged for the cost of remedying or replacing (as the Company deems necessary) the damaged Goods.
8. Risk and Insurance Related to the Hiring of Goods
8.1. The Company may choose to insure all or any of the Goods, as it deems necessary.
8.2. Should the Company decide (at its total discretion) to make an insurance claim in respect of any damaged Goods resulting directly from the acts or omissions of any Guest(s) or their invitees, the Guest(s) must pay any excess which may apply to the insurance claim in the given circumstances.
8.3. In order to secure payment of any excess, the Guest(s) may be required to pay a bond to the Company pursuant to clause 4.4.
8.4. The Company will fully refund the bond referred to in clause 8.3 within 3 Working Days following the completion of the hire period, should no insurance claim be made.
8.5. It is at the total discretion of the Company as to whether an insurance claim is made.
9. General Hiring Provisions
9.1. All necessary precautions must be taken to not attract insects or other animal species into the tents by keeping food containers sealed, not leaving litter or food wrappers around and closing all tent flaps. The Company will not be responsible for the presence of insects or other wildlife species in any part of or near to any tent.
9.2. The Company is not responsible for faulty or damaged equipment or facilities unless specified as being provided by the Company. The Company takes every reasonable step to liaise closely with the Event Manager to ensure high standards of facilities.
9.3. In the event that variations need to be made to the to the specifications of Goods to due to unforeseeable circumstances at the event site at the sole discretion of the Company, including the organising of relevant contractors. Any associated costs will be charged to the Guest(s).
SALE AND PURCHASE OF GOODS
10. Sale and Purchase
10.1. The Company may sell and the Buyer(s) may purchase Goods in accordance with any quote provided by the Company which is accepted by the Buyer(s). No variation to these Conditions will be binding unless agreed in writing between the Company and the Buyer(s).
10.2. All quotes provided by the Company are only valid for 14 Working Days.
10.3. Marketing material, price lists and other documents issued by the Company in relation to the sale of Goods are subject to amendment without notice. Any clerical error or omissions of any type in any of the marketing material, price lists and other documents issued by the Company will be subject to correction without any liability on the part of the Company.
11. Orders and Specifications
11.1. Details of the Goods are those set out in the Company’s marketing documentation. Photographs or descriptions are intended as a guide only and will not be binding on the Company.
11.2. The Company reserves the right to make any changes to the specifications of the Goods in order to comply with any statutory, regulatory or safety requirements.
11.3. No order for the purchase of Goods which has been accepted by the Buyer(s) may be cancelled by the Buyer(s), except with the agreement in writing of the Company on the terms that the Buyer(s) must indemnify the Company in full against all losses, costs, damages, charges and expenses incurred by the Company as a result of the cancellation. For the avoidance of doubt this includes the full manufacturing cost of any tent ordered by the Company for the purpose of filling any order by the Buyer(s).
12. Payment of Goods
12.1. The price of the Goods will be the price stated in the Company’s price list at the date of the Buyer(s) order for the purchase of the Goods, or such other price as may be agreed in writing by the Company and the Buyer(s).
12.2. Except as otherwise stated under the terms of any quote or in any price list of the Company, all prices are exclusive of delivery charges and GST.
12.3. Subject to any special terms agreed in writing between the Buyer(s) and the Company, full payment for the Goods ordered by the Buyer(s) must be made in advance of delivery of the Goods, including if the Goods are to be collected by the Buyer(s).
13.1. Delivery of the Goods will be made by the Company to the place as agreed between the Buyer(s) and the Company or, if no place of delivery is so agreed, by the Buyer(s) collecting the Goods at the Company's premises at any time after the Company has notified the Buyer(s) that the Goods are ready for collection.
13.2. The Delivery Date is approximate only.
13.3. Failure by the Company to deliver any one or more of the instalments of the Goods ordered by the Buyer(s) in accordance with these Conditions, or any claim by the Buyer(s) in respect of any one or more such delivery instalments, will not entitle the Buyer(s) to treat the Contract as a whole as repudiated.
14. Risk and Property
14.1. Risk of damage to or loss of the Goods will pass to the Buyer(s) at:
a) in the case of Goods to be collected by the Buyer(s) from the Company's premises, the time when the Company notifies the Buyer(s) the Goods are available for collection; or
b) in the case of Goods to be delivered by means other than picked up from the Company's premises, the time of delivery or the time when the Company has tendered delivery of the Goods.
14.2. The Buyer(s) must not grant any security interest over any of the Goods which remain the property of the Company.
15. Company's Default
Should the Company fail to deliver the Goods on the Delivery Date (excluding reasons outside the Company's reasonable control):
a) if the Company delivers the Goods at any time thereafter, the Company will have no liability in respect of such late delivery; and
b) if the Buyer(s) gives written notice to the Company within 10 Working Days after the Delivery Date and the Company fails to deliver the Goods within 4 Working Days after receiving such notice, the Buyer(s) may cancel the order by written notice to the Company, and the Buyer(s) will be entitled to a full refund within 5 Working Days from the date the cancellation notice was received by the Company.
16. Defective Goods
16.1. On delivery, if any of the Goods are materially defective, the Buyer(s) must give written notice of the material defect to the Company within 3 Working Days of such delivery, whereupon the Company may at its option:
a) replace the defective Goods within 20 working days of receiving the Buyer(s)’s notice; or
b) refund to the Buyer(s) the price for the Goods which are defective,
but the Company will have no further liability to the Buyer(s) in respect thereof and the Buyer(s) may not reject the Goods if notice is not given by the Buyer(s) as detailed in this clause.
16.2. No Goods may be returned to the Company without the prior agreement in writing of the Company. Subject to this, any Goods returned, which the Company is satisfied are materially defective, will either (at the Company’s sole discretion) be replaced free of charge or the Company may refund or credit to the Buyer(s) the price of such defective Goods. Except to this extent, the Company will have no further liability to the Buyer(s).
16.3. The Company will be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration of the Goods without the Company's approval, or any other act or omission on the part of the Buyer(s) or any third party.
16.4. The Buyer(s) must ensure that (except to the extent of the instructions as to the use of the Goods contained in the packaging or labelling of the Goods) any use of the Goods is in accordance with directions given by the Company (whether oral or in writing) and the Buyer(s) must indemnify the Company against any liability, loss or damage which the Company suffers as a result of any failure of the Buyer(s) to comply with this requirement.
17. Buyer(s) Default
17.1. If the Buyer(s) fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company including taking action for specific performance, the Company may cancel the order of Goods or services or suspend any delivery of Goods or services to the Buyer(s).
17.2. If the Buyer(s) fails to make any payment on the due date then, the Company will be entitled to charge interest on all amounts outstanding after the due date until payment is received by it in full, at a rate of up to 5% per month, compounding.
18. Force Majeure
Neither party will have the right to lay claim against the other, if and insofar as the other is prevented by ‘force majeure’ from properly fulfilling their obligations under this Contract. An event occurring beyond the control of either party preventing the other from fulfilling one or more of its contractual obligations (due to Act of God, flood, war, riot, natural catastrophe, strike and its consequences) will be deemed to be ‘force majeure’.
19. Limitation of liability
19.1. Where you hire Goods or purchase Goods or services in trade (for business purposes) you agree:
19.1.1. that all provisions of the Consumer Guarantees Act 1993 are excluded to the maximum extent allowed under section 43(2) of that Act;
19.1.2. sections 9 (Misleading and deceptive conduct generally), 12A (unsubstantiated representations), and 13 (False or misleading representations) of the Fair Trading Act 1986 do not apply;
19.1.3. the Company shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you as a result of any defect in the Goods or services, or any failure by it to perform its obligations under these terms to you in respect of the delivery of any Goods or services, even if such loss was, or should have been, within the Company’s contemplation; and
19.1.4. without restricting any other provision of these terms limiting the Company’s liability to you, any claim which you may have against it, whether in contract, tort or otherwise as a result of any defect in any Goods or services shall be limited, at its option, to the repair or replacement of the defective Goods or services (if applicable) or the refund of a maximum amount equal to amounts actually paid by you to us in respect of the defective Goods or services.
20. Dispute Resolution
20.1. Should any dispute arise under this Contract, neither party may commence any legal proceedings in respect of the dispute, until the following process has been complied with:
20.1.1. The party who or which considers that a dispute has arisen must set out in writing to the other party a full description of the matter(s) in dispute.
20.1.2. As soon as practicable thereafter, the parties must discuss the matter(s) in dispute and explore fully whether the dispute can be resolved.
20.2. If the parties are unable to resolve the dispute through this discussion, either party may then pursue other dispute resolution options available to them.
21. The Company will not be responsible for any damage or loss of personal items of any person caused by or incidental to the use of any of the Goods.
22. The Company will not be responsible for claims of injury to persons, or loss of, or damage to property, however caused.
23. The Company will always endeavour to supply the Goods ordered by the Guest(s)/Buyer(s) but where this is not possible the Company will notify the Guest(s)/Buyer(s) as soon as is reasonably possible with information and details to any changes to the specifications of the Goods. Where this is a fundamental change, the Guest(s)/Buyer(s) may terminate the Contract and the Company will refund any advance payment made for those Goods.
24. Any notice required or permitted to be given by either party to the other under these Conditions must be in writing (including facsimile transmission, email or any comparable means) addressed to the other party at its registered office or principal place of business or such other address as provided by either party.
25. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question will not be affected thereby.
26. Any reference in this Contract to a statute or a provision of a statute is to be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
27. Headings are for ease of reference only and are not an aid in interpretation.
28. References to clauses are references to clauses of this Contract.
29. This Contract is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.