GENERAL TERMS AND CONDITIONS
Got It Covered is subject to the Privacy Act 1993 (New Zealand).
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Links from this Website
This Website’s content may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of those websites and you acknowledge and agree that Got It Covered is not responsible for any content or claims of any such websites.
Use of Site
You may only use this site to browse the content. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Keeping your information secure
The security of your personal information is very important to us, and we are committed to protecting the information that we collect. We have security measures in place to protect against the loss, misuse or alteration of information that Got It Covered has collected from you at our website. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.
While we strive to protect your personal information, Got It Covered cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk.
Acceptance of policy
Notification of Changes
All the terms and conditions are subject to change without notice.
I understand that all the designs and trademarks are registered to Got It Covered and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Got It Covered for any civil action or any legal action deemed necessary against me.
HIRE TERMS AND CONDITIONS
1.1 The terms set out below shall apply and are incorporated into any quote for the hire of goods and provision of related services (“equipment”) between
Clements & Williams Limited – trading as Got it Covered (“we”, “us” or “our”) and the person hiring the equipment and/or purchasing the related
services (“you” or “your”) (“Contract”).
1.2 We reserve the right to change these terms without notice. Any amended terms will be placed on our website (www.gotitcovered.co.nz) and shall apply to
all Contracts from the date the amended terms are placed on the website unless the amended terms specify a later date from which they are to apply.
2 HIRE PERIOD
2.1 The hire period begins from the time the equipment leaves our premises and runs until the equipment is either returned to us at the place of hire, removed
by us pursuant to clause 7, or when the Contract is terminated pursuant to clause 10.
2.2 We may charge extra on a pro rata basis for any equipment usage in excess of the hire period.
3 QUOTE AND DEPOSIT
3.1 We may provide to you a quote for the equipment and services requested. Our price list, including published or advertised prices, are subject to change
3.2 A non-refundable deposit equal to 25% of the quote is required to secure that quote. Payment of the deposit constitutes your acceptance of the Contract.
4.1 The charges will be as quoted by us and incorporated into the Contract (subject to any adjustment in accordance with these terms), or where no charge is
quoted, the charge listed in our price list at the date of confirmation of your booking.
4.2 We reserve the right to increase the charges under the Contract to pass on any actual increase in the cost to us of providing the equipment, whether
imposed by third party suppliers or otherwise.
4.3 You are not entitled to a refund or reduced hire charge if you choose to return the equipment to us before the end of the agreed hire period, or do not
make use of the equipment for any reason.
4.4 Additional fees may be charged (for example, cleaning fees) if you fail to perform your obligations under the Contract.
4.5 Additional handling fees (including freight / delivery costs) may be charged for any changes you request to the Contract. We reserve the right to charge a
reasonable fee to cover our costs and expenses and lost opportunity if you request, and we accept (at our sole discretion), the cancellation of all or part of
5.1 Where specified in the quote, a bond shall be payable by you in addition to the charges. The bond will be held by us to secure your obligations under the
Contract, and where necessary, applied by us to recover amounts owed by you.
5.2 The bond will be held until we have had a reasonable opportunity to inspect the equipment following its return, and any disputes or disagreements
between you and us have been resolved.
5.3 A separate invoice will be provided for any amounts deducted from the bond, and the balance (if any) refunded to you.
6 PAYMENT AND DEFAULT INTEREST
6.1 All charges are exclusive of GST unless otherwise indicated.
6.2 Payment in full (including payment of the bond, if any) is required not less than one week prior to the start of the hire period, and equipment will not be
supplied without full payment. All other payments due from you to us shall be paid in full within 14 days of invoice, unless otherwise provided in these
terms or the Contract.
6.3 We reserve the right to issue separate invoices for damages claims and other additional charges.
6.4 We reserve the right to apply payments received in any manner we determine.
6.5 Without prejudice to our other remedies under these terms, at law or otherwise, you will pay default interest at the rate of 2% above our overdraft rate per
calendar month on all outstanding amounts from the end of the agreed hire period, until all monies have been paid in full.
6.6 You must make all payments due under the Contract (time being of the essence) without set-off or deduction of any kind. We reserve the right to suspend
or cancel the hire of equipment or provision of services where any payment is not paid by the due date.
6.7 Your obligations to pay charges and any other sums to us shall continue despite any defect in or breakdown of, theft of, or accident or damage caused to
7 DELIVERY AND REMOVAL
7.1 Delivery and removal charges are payable by you and are in addition to the hire costs, unless otherwise agreed in the Contract.
7.2 Deliveries made to third parties or unoccupied premises are made entirely at your risk.
7.3 You are responsible for checking the goods upon delivery and notifying us of any discrepancies and/or damage to the equipment. Equipment is deemed
to be in conformance to the Contract, and damage free, unless notified to us in writing before the end of the hire period or otherwise agreed in writing by
us. Complaints made after the end of the hire period will not be considered.
7.4 If we are collecting the equipment from you, you must ensure the equipment is packed up, in an accessible position, ready for loading, and assistance is
rendered for loading. Return visits to collect equipment will be charged in additional to the original collection charges. Any break down / pack up that we
have to carry out to collect equipment, unless prior arrangement has been made, will also be charged in addition.
7.5 You grant to us, or will procure that we are granted, an irrevocable right and authority to enter, and for us to bring our vehicle at any time onto, the place
where the equipment is to be used or is located to deliver and/or remove the equipment either on the expiry of the hire period or on termination of the
Contract pursuant to clauses 10.1
8 OUR OBLIGATIONS
8.1 In consideration of you meeting your obligations under the Contract, we undertake to make the equipment available to you for the hire period, and provide
the support services (if any) with reasonable care and skill, in accordance with the Contract.
8.2 We are not responsible for any failure to comply with our obligations caused by circumstances beyond our reasonable control, including: acts of god,
labour disputes, civil disturbance, acts of government, transportation difficulties, floods, fires, explosions or other catastrophes; provided however that we
will use reasonable endeavours to minimise the consequences, to remove the cause of non-performance, and cooperate with you in finding alternative
ways and means of fulfilling our obligations.
9 YOUR OBLIGATIONS
9.1 You shall:
9.1.1 for catering equipment, ensure it is completely cleaned and repacked into delivery containers before return to or collection by us;
9.1.2 if the equipment is intended to be used in a location or manner which is outside its usual or ordinary use, advise us of the intended location and/or nature
of use at the time of hiring the equipment;
9.1.3 take proper and reasonable care of the equipment (including packaging) and return it to us at the end of the hire period (to the place of hire, unless
otherwise specified in the Contract) in the same order and condition as at the commencement of the hire (fair wear and tear excepted);
9.1.4 satisfy yourself that the equipment is suitable for your intended use;
9.1.5 use the equipment in accordance with all instructions, and in a lawful manner with due regard to all laws and regulations pertaining to the use of such
equipment (including building and fire safety requirements);
9.1.6 be responsible for obtaining any consents and licences (including building consent) required for your use of the equipment;
9.1.7 immediately cease operating the equipment and notify us if the equipment is faulty, breaks down or conditions make it unsafe to use;
9.1.8 except as permitted by the Consumer Guarantees Act 1993, not bring or threaten to bring any claim against us for loss or damage incurred or threatened
against you or arising directly or indirectly from your use of the equipment;
9.1.9 notify us immediately if the equipment is lost, stolen or damaged and follow all our reasonable instructions; and
9.1.10 not remove, deface or obscure any marks of identification or ownership or registration on the equipment.
9.2 Subject to clause 9.6, you shall be responsible for, and indemnify us against, any loss, theft or damage to the equipment that occurs from the time you
take possession of the equipment until it is returned to our possession including:
9.2.1 in the case of damage, the full cost of all repairs to restore the equipment to the condition it was in at the time of hire;
9.2.2 in the case of loss, theft or irreparable damage to the equipment however caused, the full cost to us of replacing the equipment; and in addition to the
costs set out in this clause 9.2, be responsible for and indemnify us for any loss of revenue suffered by us due to the unavailability of the equipment for
hire due to loss, theft or damage.
9.3 You warrant that all persons who use the equipment shall be competent and qualified to use the equipment, shall use the equipment in the manner it was
designed to be used, and follow any directions from us, local authorities, codes of practice and/or the manufacturer of the equipment relating to the use
and safety of the equipment and shall comply with all obligations in relation to the use and control of the equipment and person using said equipment in
accordance with the Health and Safety at Work Act 2015 and all other relevant legislation.
9.4 If you are not an individual, the person who signs the Contract on behalf of you warrants that they have authority to bind you. The person signing
indemnifies us against all losses and costs that may be incurred by us arising out of the person signing the Contract failing to have such power or
9.5 You shall, upon request by us, advise us of the whereabouts of the equipment and allow us reasonable time to inspect and test the equipment, and for
such purposes you give irrevocable leave and licence to us to take possession of and/or remove the equipment, and to enter any premises where the
equipment or any part of the equipment may be.
9.6 We will insure the equipment but any such insurance will include an excess. You acknowledge that in the event of an insurance claim being lodged, you
must pay that excess.
10 RIGHT TO TERMINATE
10.1 We may terminate the Contract, in full or in part, by notice with immediate effect if:
10.1.1 you fail to comply with any term of the Contract or any other agreement with us;
10.1.2 we believe the equipment may be at risk for any reason whatsoever, including the manner of its use by you, adverse weather or work conditions, you are
unable to, or might be unable to, pay any charge, cost or fee in connection with the equipment under these terms; or
10.1.3 any step is taken to appoint a receiver, manager, trustee in administration, liquidator, provisional liquidator, statutory manager, administrator or other like
person of the whole or any part of your assets or business.
10.2 You indemnify us against, and shall pay to us upon demand, any cost (including legal costs), claim, damage, expense or liability suffered or incurred by
us whether arising directly or indirectly from our acting to recover any equipment hired or monies payable by you pursuant to the Contract, or otherwise
in connection with the exercise or attempted exercise of any of our rights or remedies under the Contract.
10.3 Upon termination of this Contract you shall immediately deliver up the equipment to us and shall pay to us:
10.3.1 all rental and other moneys due to us at the date of termination; and
10.3.2 if terminated under clause 10.1, the balance of all rental yet to accrue from the date of termination to the expiry of the term of the Contract.
10.4 Termination of the Contract by us is without prejudice to any rights that we may have under this Contract.
10.5 The parties acknowledge that, notwithstanding the provisions of the Contractual Remedies Act 1979, you shall not be entitled to cancel or otherwise
terminate the Contract.
11 ASSIGNMENT AND SUBCONTRACTING
11.1 You shall not assign, sublet, charge or part with possession of the equipment or any part of it, but this shall not prevent you and/or your employees using
the equipment in conformity with these terms.
11.2 We may at any time assign our rights or interests, or any part of them, (whether absolutely, or by way of security) or transfer or subcontract our
obligations or any part of them, to any person.
11.3 Whenever equipment is provided by a third party supplier, the terms and conditions of such third party supplier shall automatically be incorporated into
the Contract, and shall be enforceable by us and the third party supplier. Copies of those terms and conditions will be made available to you upon
request, but you shall be deemed to have notice of those terms and conditions irrespective of whether disclosure is requested.
12 LIMITATION OF LIABILITY, INJURY OR DAMAGE TO HIRER, THIRD PERSON OR PROPERTY
12.1 In entering into the Contract, you acknowledge that we have no liability to you for any direct or indirect or consequential loss or damage or for any loss of
profit (or any other form of economic loss) arising in connection with the Contract (whether in contract or in tort) including that resulting from the
negligence of us, the use by you of the equipment, or arising by operation of law. Without limiting the foregoing, we are not liable for any indirect or
consequential loss or damage including any loss of profit or other loss suffered by you, or liability incurred by you, as a result of the breakdown of any
hired equipment, however caused.
12.2 Subject to the exclusion of liability in clause 12.1 above, our maximum aggregate liability for all claims made by you, whether as a result of any breach of
the Contract or on any other ground or terms whatsoever (including liability as a result of tort, including negligence) will not exceed the hire charges paid
by you pursuant to the Contract.
12.3 You will indemnify us against any liability, losses, damages or expenses incurred or suffered by us as a result of any claim made by a third person
against us in respect of any loss or liability arising from the Contract or arising out of the use of the equipment hired by you.
12.4 Nothing in the Contract affects your rights under the Consumer Guarantees Act 1993. If you are acquiring or hiring the equipment for the purposes of a
business, the provisions of the Consumer Guarantees Act 1993 do not apply.
12.5 Except as prohibited by law, all warranties and guarantees in respect of the equipment, whether express or implied, are excluded.
12.6 We makes no warranty or representations as to the state, quality or fitness of the equipment for any purpose and no such warranty shall be implied. For
the avoidance of doubt, no warranty shall be implied by the description of the equipment or by the provision of information relating to the proper operation
and maintenance of the equipment.
13.1 Notices shall be properly served on a person if delivered by hand or left at or posted in any prepaid letter addressed to that person at either the job
address or any other address of you specified on the face of this Contract. Service by post shall be deemed to be effected on the second day after the
day on which the notice was posted.
14.1 Headings are inserted for convenience and shall not affect the construction of the Contract. The singular includes the plural and vice versa. Persons
include incorporated and unincorporated entities. Words implying one gender include the other. A reference to us includes our servants, agents,
successors and assigns. The word “including” do not imply limitation.
14.2 If at any time any provision of the Contract is or becomes illegal, invalid or unenforceable in any respect under the laws of New Zealand, that will not
affect or impair the legality, validity or enforceability of any other provision of this Contract.
14.3 This Contract is governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
15 PRIVACY ACT 1993
15.1 If you are an individual, this clause 15.1 applies. We require personal information and will collect and hold personal information about you, principally for
the purpose of evaluating the hire of equipment by you and enforcing our rights under the Contract. Your application to hire equipment may be declined
or the hire terminated if you fail to provide requested personal information reasonably required by us. You can access and seek correction of any
personal information by contacting us. You authorises the disclosure of personal information held by any other party regarding any previous hire
contracts entered into by you.
15.2 You and each person who signs the Contact on your behalf authorises us:
15.2.1 to collect, retain and use information about you or such other signatory from any person for the purpose of assessing your or such other signatory’s
15.2.2 to disclose information about you or such other signatory:
(i) to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to your obligations to us; and/or
(ii) to such persons as may be necessary or desirable to enable us to exercise any rights under the Contract.