Show Light & Power – Terms and Conditions of Trade
1.1 “Business Day” means a day on which the major trading banks are open for normal business to be conducted, excluding a Saturday, Sunday, or public holiday.
1.2 “Charges” means the Charges payable for the Services and/or Equipment (plus any GST where applicable) as agreed between Show Light & Power and the Client in accordance with clause 6 below.
1.3 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Show Light & Power to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors, and permitted assigns.
1.4 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.5 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.6 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Show Light & Power's website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
1.7 “Equipment” means all Equipment (including but not limited to, marquees, tables, chairs, lighting, entertainment equipment, flooring, carpet, tiles, signage or any other Equipment or items attached thereto supplied for hire to the Client by Show Light & Power, at the Client’s request from time to time, and:
(a) includes any erection, dismantling and transport of the Equipment (“Services”), any parts, accessories and/or consumables supplied by Show Light & Power to the Client, either separately or deposited incidentally by Show Light & Power during it conducting, or supplying to the Client, the Equipment; and
(b) where the context so permits the terms ‘Equipment’ or ‘Services’ shall be interchangeable for the other.
1.8 “Show Light & Power ” means Show Light and Power Limited, its successors and assigns.
1.9 “Incidental Items” means any goods, documents, designs, drawings, or materials supplied, consumed, created, or deposited incidentally by Show Light & Power, during it, conducting, or supplying to the Client, any Services.
1.10 “Minimum Hire Period” means the Minimum Hire Period is seven (7) Business Days but shall be as described on the invoices, quotation, authority to hire, or any other forms as provided by Show Light & Power to the Client.
1.11 “Services” means all Services supplied by Show Light & Power to the Client at the Client’s request from time to time.
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Services/Equipment.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 The Client acknowledges that:
(a) The supply of Services/Equipment on credit shall not take effect until the Client has completed a credit application with Show Light & Power and it has been approved with a credit limit established for the account;
(b) If the supply of Services/Equipment requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Show Light & Power reserves the right to refuse Delivery;
(c) Late Orders placed during the “move-in” or after the close off date for an event will be subject to an additional service fee of twenty-five (25%) percent of the total hire, in accordance with clause 6.2.
2.5 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Client acknowledges and accepts that Show Light & Power shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) Resulting from an inadvertent mistake made by Show Light & Power in the formation and/or administration of this Contract; and/or
(b) Contained in/omitted from any literature (hard copy and/or electronic) supplied by Show Light & Power in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Show Light & Power; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
4. Authorised Representatives
4.1 The Client acknowledges that Show Light & Power shall (for the duration of the Services) liaise directly with one (1) authorised representative, and that once introduced as such to Show Light & Power, that person shall have the full authority of the Client to order any Services/Equipment, and/or to request any variation thereto on the Client’s behalf. The Client accepts that they will be solely liable to Show Light & Power for all additional costs incurred by Show Light & Power (including Show Light & Power's profit margin) in providing any Services, or variation/s requested thereto by the Client’s duly authorised representative.
5. Change in Control
5.1 The Client shall give Show Light & Power not less than ten (10) Business Days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Show Light & Power because of the Client’s failure to comply with this clause.
6. Charges and Payment
6.1 At Show Light & Power's sole discretion, the Charges shall be either:
(a) As indicated on any invoice provided by Show Light & Power to the Client; or
(b) The Charges as at the date of Delivery of the Services/Equipment according to Show Light & Power's current Charges schedule; or
(c) Show Light & Power's quoted Charges (subject to clause 6.2) in New Zealand Dollars ($NZ) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
6.2 Show Light & Power reserves the right to change the Charges:
(a) If a variation to the Equipment which are to be supplied is requested; or
(b) Where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, obstructed access, inclement weather, etc.) which are only discovered upon commencement of the Services; or
(c) In the event of increases to Show Light & Power in the cost of labour or materials (including but not limited breakages of Equipment on hire upon return), which are beyond Show Light & Power's control.
6.3 Variations will be charged for based on Show Light & Power's quotation, and will be detailed in writing, and shown as variations on Show Light & Power's invoice. The Client shall be required to respond to any variation submitted by Show Light & Power within ten (10) Business Days. Failure to do so will entitle Show Light & Power to add the cost of the variation to the Charges. Payment for all variations must be made in full at the time of their completion.
6.4 At Show Light & Power's sole discretion, a non-refundable deposit may be required. The deposit amount or percentage of the Contract Charges due will be stipulated at the time the order for the Services/Equipment is placed and shall become immediately due and payable.
6.5 Time for payment for the Services/Equipment being of the essence, the Charges will be payable by the Client on the date/s determined by Show Light & Power, which may be:
(a) On or before delivery of the Services/Equipment;
(b) Payment for approved Clients shall be due twenty (20) Business Days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(c) Failing any notice to the contrary, the date which is seven (7) Business Days following the date of any invoice given to the Client by Show Light & Power.
6.6 Payment may be made by electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Show Light & Power.
6.7 Receipt by Show Light & Power of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised.
6.8 Show Light & Power may in its discretion allocate any payment received from the Client towards any invoice that Show Light & Power determines and may do so at the time of receipt or at any time afterwards. On any default by the Client, Show Light & Power may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Show Light & Power, payment will be deemed to be allocated in such manner as preserves the maximum value of Show Light & Power's Purchase Money Security Interest (as defined in the PPSA) in the Services/Equipment.
6.9 The Client shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Client by Show Light & Power nor to withhold payment of any invoice because part of that invoice is in dispute.
6.10 Unless otherwise stated the Charges does not include GST. In addition to the Charges, the Client must pay to Show Light & Power an amount equal to any GST Show Light & Power must pay for any supply by Show Light & Power under this or any other agreement for providing Show Light & Power's Services/Equipment. The Client must pay GST, without deduction or set-off of any other amounts, at the same time and on the same basis as the Client pays the Charges. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges.
7. Credit Card Information
7.1 Show Light & Power will:
(a) keep the Client’s personal details, including credit card details for only as long as is deemed necessary by Show Light & Power;
(b) not disclose the Client’s credit card details to any third party; and
(c) not unnecessarily disclose any of the Client’s personal information, except is accordance with the Privacy Act (clause 19) or where required by law.
7.2 The Client expressly agrees that Show Light & Power is entitled to immediately charge the Client’s nominated credit card for all amounts owing and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer all amounts which may be due by the Client pursuant to the terms of this Contract; should the Client have:
(a) any unpaid charges;
(b) other amounts due and outstanding by the Client;
(c) any Equipment (or any part of them) supplied on hire that are lost or damaged; and
(d) any other additional charges are due from the Client which were not known at the time of the return of the Equipment.
8. Provision of the Services
8.1 Delivery (“Delivery”) of the Services/Equipment is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Services/Equipment at Show Light & Power's address; or
(b) Show Light & Power (or Show Light & Power's nominated carrier) delivers the Services/Equipment to the Client’s nominated address even if the Client is not present at the address.
8.2 At Show Light & Power's sole discretion the cost of Delivery is in addition to the Charges.
8.3 Show Light & Power may deliver the Services/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
8.4 Any time specified by Show Light & Power for Delivery of the Services/Equipment is an estimate only and Show Light & Power will not be liable for any loss or damage incurred by the Client because of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Services/Equipment to be delivered at the time and place as was arranged between both parties. If Show Light & Power is unable to supply the Services/Equipment as agreed solely due to any action or inaction of the Client, then Show Light & Power shall be entitled to charge a reasonable fee for redelivery and/or storage.
9.1 Irrespective of whether Show Light & Power retains ownership of any Incidental Items all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as Show Light & Power may repossess the Incidental Items in accordance with clause 6.7. The Client must insure all Incidental Items on or before delivery.
9.2 Show Light & Power reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Client’s failure to insure in accordance with clause 9.1.
10. Compliance with Laws
10.1 The Client and Show Light & Power shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services and any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Services or Equipment supplied.
10.2 Notwithstanding clause 10.1 and pursuant to the Health & Safety at Work Act 2015 (the “HSW Act”) Show Light & Power agrees at all times comply with sections 29 and 34 of the “HSW Act” with meeting their obligations for health and safety laws in the workplace regardless of whether they may be the party in control of the event site or if in the event that they may be acting as a subcontractor for the Client’s where the Client has engaged a thirty party head-contractor.
10.3 All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical (Safety) Regulations 2010. All the cabling work will comply with the Australian and New Zealand Wiring rules AS/NZS 16126.96.36.1998 and AS/NZS 3000:2007.
10.4 Site Inductions
(a) In the event the Client requires an employee or sub-contractor of Show Light & Power to undertake a site induction during business hours, the Client will be liable to pay the hourly charges for that period. If any induction is needs to be undertaken prior to the commencement date then the Client shall be liable to pay Show Light & Power's standard (and/or overtime, if applicable) hourly labour rate; or
(b) where Show Light & Power is in control of the event site, the Client and/or the Clients third party contractors must initially carry out Show Light & Power's Health & Safety induction course before access to the event site will be granted.
10.5 The Client shall obtain (at the expense of the Client) all licenses, permits or approvals that may be required for the supply of Services or Equipment.
11. Personal Property Securities Act 1999 (“PPSA”)
11.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Incidental Items/Equipment that have previously been supplied and that will be supplied in the future by the Supplier to the Client, and the proceeds from such Incidental Items/Equipment.
11.2 The Client undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Show Light & Power for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby;
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Incidental Items/Equipment or the proceeds of such Incidental Items/Equipment in favour of a third party without the prior written consent of the Supplier; and
(d) immediately advise Show Light & Power of any material change in its business practices of selling Goods which would result in a change in proceeds derived from such sales.
11.3 Show Light & Power and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
11.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
11.5 Unless otherwise agreed to in writing by Show Light & Power, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
11.6 The Client shall unconditionally ratify any actions taken by the Supplier under clauses 11.1 to 11.5.
11.7 Subject to any express provisions to the contrary (including those contained in this clause 10), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
12. Security and Charge
12.1 In consideration of Show Light & Power agreeing to supply the Incidental Items/Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, and the Client grants a security interest in all of its present and after-acquired property, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.
12.2 The Client indemnifies Show Light & Power from and against all Show Light & Power's costs and disbursements including legal costs of a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.
12.3 The Client irrevocably appoints Show Light & Power and each director of Show Light & Power as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.
13. Defects and Claims
13.1 The Client shall inspect the Incidental Items/Equipment on delivery and shall within three (3) Business Days of delivery notify Show Light & Power of any alleged defect, shortage in quantity, errors, omissions, or failure to comply with the description or quote. The Client shall afford Show Light & Power an opportunity to inspect the Incidental Items/Equipment within a reasonable time following delivery, if the Client believes the Incidental Items/Equipment are defective in any way. If the Client shall fail to comply with these provisions, the Incidental Items/Equipment shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
13.2 For defective Services or Incidental Items/Equipment t, which Show Light & Power has agreed in writing that the Client is entitled to reject, Show Light & Power's liability is limited to either (at Show Light & Power's discretion) replacing or repairing the Incidental Items/Equipment or rectifying the Services provided that the Client has complied with the provisions of clause 13.1.
13.3 Incidental Items/Equipment will not be accepted for return for any reason other than those specified in clause 13.1 above (or in the case of Equipment hire, normal termination of Equipment hire in accordance with the full terms and conditions herein).
14.1 No warranty is given by Show Light & Power as to the quality or suitability of the Equipment for any purpose and any implied warranty is expressly excluded. The Client shall indemnify and hold harmless Show Light & Power in respect of all claims arising out of the use of the Equipment.
15. Consumer Guarantees Act 1993
15.1 This Contract is subject to the provisions of the Consumer Guarantees Act 1993 (“CGA”) in all cases except where the Client is not contracting as a consumer within the meaning of the CGA.
16. Intellectual Property
16.1 Where Show Light & Power has designed, drawn, or developed Incidental Items/Equipment for the Client, then the copyright in any designs and drawings and documents shall remain the property of Show Light & Power. Under no circumstances may such designs, drawings and documents be used without the express written approval of Show Light & Power.
16.2 The Client shall indemnify Show Light & Power against any claims by third parties for patent, trademark, design, or copyright infringement, directly or indirectly arising out of the design, workmanship, material, construction, or use of the Services or any other deficiency therein. Where the Client has supplied drawings, sketches, files or logos to Show Light & Power, the Client warrants that the drawings, sketches, files, or logo’s do not breach any patent, trademark, design or copyright, and the Client agrees to indemnify Show Light & Power against any action taken by a third party against Show Light & Power.
16.3 Show Light & Power may photograph, video or record by the Client’s event, and upon termination, for Show Light & Power's own use and for use in exhibitions marketing, or award competitions, or publication in journals.
17. Default and Consequences of Default
17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Show Light & Power's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
17.2 If the Client owes Show Light & Power any money the Client shall indemnify Show Light & Power from and against all costs and disbursements incurred by Show Light & Power in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Show Light & Power's collection agency costs and bank dishonour fees).
17.3 Further to any other rights or remedies Show Light & Power may have under this Contract, if a Client has made payment to Show Light & Power, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Show Light & Power under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
17.4 Without prejudice to Show Light & Power's other remedies at law Show Light & Power shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Show Light & Power shall, whether due for payment or not, become immediately payable if:
(a) any money payable to Show Light & Power becomes overdue, or in Show Light & Power's opinion the Client will be unable to make a payment when it falls due;
(b) the Client has exceeded any applicable credit limit provided by Show Light & Power;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
Cancellation COVID Policy:
If the hirer is required to cancel the event due to COVID-19 government restrictions on gatherings and/or enforced lockdown, the cancellation policy outlined will be null and void. In this occurrence, the hirer will endeavour to work with the provider to confirm another suitable date before cancelling the service outright, less any actual costs incurred as agreed between both parties (i.e. printing, flights, accommodation etc.) We are guided by government outlines/rules on group gatherings at the time of your event dates. Payment: A 100% deposit is required on signing of this contract to confirm this booking. All costs about the collection of overdue accounts will be added to your account. Cancellation Policy: Any products delivered then cancelled or not used will be charged at full rate. No Credits will be issued Goods cancelled by the hirer less than 5 days prior to any hire of equipment or exhibition build/event build, Show Light and Power Limited retains the right to charge a cancellation fee equivalent to 50% of the full rate.
Standard Cancellation Policy:
18.1 Without prejudice to any other remedies Show Light & Power may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Show Light & Power may suspend or terminate the supply of Services/Equipment to the Client. Show Light & Power will not be liable to the Client for any loss or damage the Client suffers because Show Light & Power has exercised its rights under this clause.
18.2 Show Light & Power may cancel any contract to which these terms and conditions apply or cancel delivery of Services/Equipment at any time before the Services are commenced or Equipment provided by giving written notice to the Client. On giving such notice Show Light & Power shall repay to the Client any money paid by the Client for the provision of the Services/Equipment. Show Light & Power shall not be liable for any loss or damage whatsoever arising from such cancellation.
18.3 Show Light & Power shall, in the event of any unforeseeable circumstances such as, unexpected mechanical delays / failures or a Force Majeure event as per clause 23.8, agree that all efforts will be made to secure and delivery alternative Equipment for the duration of the agreed hire period, however, if for any reason that is not possible the Client's deposit and balance shall be refunded in full by Show Light & Power, unless subject to clause 18.4 the Services and/or Equipment is to be supplied at a later date.
18.4 If the Client cancels a booking for which Show Light & Power is providing its Services or Equipment then the Client shall be liable to Show Light & Power for any losses or costs incurred by Show Light & Power (including, but not limited to, any loss of profits or where applicable, reimbursable expenses such as printing, flights and/or accommodation, etc) up to the time of, or because of the cancellation, notwithstanding that at Show Light & Power's sole discretion:
(a) A minimum cancellation fee of five hundred dollars ($500.00) may be applicable; or
(b) If the Client cancels giving less than five (5) Business Days’ notice from the scheduled event, a cancellation fee of up to one hundread percent (100%) of the Contract Charges will apply; or
(c) If the Client cancels giving more than five (5) Business Days’ notice from the scheduled event, a cancellation fee of up to seventy five percent (75%) of the Contract Charges will apply, unless the event date can be rebooked within a reasonable timeframe; and
(d) Any cancellation requests must be submitted in writing giving at least five (5) Business Days prior notice to the event before any form of refund will be considered. Allowance will be made, whenever possible to reschedule a cancelled or postponed event subject to Equipment availability, unless the original event date and time slot can be rebooked for an equivalent Contract Charges as per clause 18.4.
19.1 All emails, documents, images, or other recorded information held or used by Show Light & Power is “Personal Information” as defined and referred to in clause 19.3 and therefore considered confidential. Show Light & Power acknowledges its obligation in relation to the handling, use, disclosure, and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. Show Light & Power acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Show Light & Power that may result in serious harm to the Client, Show Light & Power will notify the Client in accordance with the Act. Any release of such Personal Information must be in accordance with the Act and must be approved by the Client by written consent, unless subject to an operation of law.
19.2 Notwithstanding clause 19.1, privacy limitations will extend to Show Light & Power in respect of Cookies where the Client utilises Show Light & Power's website to make enquiries. Show Light & Power agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to Show Light & Power when Show Light & Power sends an email to the Client, so Show Light & Power may collect and review that information (“collectively Personal Information”)
19.3 The Client authorises Show Light & Power or Show Light & Power's agent to:
(a) access, collect, retain and use any information about the Client;
(i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Client.
(b) disclose information about the Client, whether collected by Show Light & Power from the Client directly or obtained by Show Light & Power from any other source to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
19.4 Where the Client is an individual the authorities under clause 19.3 are authorities or consents for the purposes of the Privacy Act 2020.
19.5 The Client shall have the right to request (by e-mail) from Show Light & Power, a copy of the Personal Information about the Client retained by Show Light & Power and the right to request that Show Light & Power correct any incorrect Personal Information.
19.6 Show Light & Power will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
19.7 The Client can make a privacy complaint by contacting Show Light & Power via e-mail. Show Light & Power will respond to that complaint within seven (5) Business Days of receipt and will take all reasonable steps to reach a decision on the complaint within twenty (20) Business Days of receipt of the complaint. If the Client is not satisfied with the resolution provided, the Client can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.
20.1 Both parties agree to:
(a) use the Confidential Information of the other party only to the extent required for the purpose it was provided; and
(b) not copy or reproduce any of the Confidential Information of the other party in any way; and
(c) only disclose the other party’s Confidential Information to:
(i) employees and contractors who need access to the information and who have agreed to keep it confidential; and
(ii) its legal advisers and insurance providers if those persons undertake to keep such information confidential.
20.2 Either party must promptly return or destroy all Confidential Information of the other party in its possession or control at the other party’s request, unless required by law to retain it.
20.3 Confidential Information excludes information:
(a) generally available in the public domain (without unauthorised disclosure under this Contract); or
(b) required by law, any stock exchange or regulatory body to be disclosed; or
(c) received from a third party entitled to disclose it; or
(d) that is independently developed.
20.4 The obligations of this clause 20 shall survive termination or cancellation of this Contract.
21. Service of Notices
21.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
(e) if sent by email to the other party’s last known email address.
21.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
22.1 If the Client at any time upon or subsequent to entering into the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Show Light & Power may have notice of the Trust, the Client covenants with Show Light & Power as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of Show Light & Power (Show Light & Power will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
23.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand in which Show Light & Power has its principal place of business and are subject to the jurisdiction of the Manukau Courts.
23.3 Subject to clause 14 Show Light & Power shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Show Light & Power of these terms and conditions (alternatively Show Light & Power's liability shall be limited to damages which under no circumstances shall exceed the Charges of the Services/Equipment hire).
23.4 Show Light & Power may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
23.5 The Client cannot licence or assign without the written approval of Show Light & Power.
23.6 Show Light & Power may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Show Light & Power’s sub-contractors without the authority of Show Light & Power.
23.7 The Client agrees that Show Light & Power may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Show Light & Power to provide Services/Equipment to the Client.
23.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed restrictions and/or enforced lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Client to make a payment to Show Light & Power.
23.9 Both parties warrant that they have the power to enter this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
Additional Terms & Conditions Applicable to Equipment Hire Only
24. Hire Period
24.1 If Show Light & Power agrees with the Client to deliver and/or collect the Equipment, hire charges shall commence from the time the Equipment leaves Show Light & Power's premises and continue until the Client notifies Show Light & Power that the Equipment is available for collection, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
24.2 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
24.3 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason unless Show Light & Power confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Show Light & Power immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
25. Risk to Equipment
25.1 Show Light & Power retains property in the Equipment, nonetheless all risk for the Equipment passes to the Client on Delivery.
25.2 The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Show Light & Power for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
25.3 The Client will insure, or self-insure, Show Light & Power's interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
25.4 The Client accepts full responsibility for and shall keep Show Light & Power indemnified against all liability in respect of all actions, proceedings, claims, damages, costs, and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.
26. Title to Equipment
26.1 The Equipment is and will always remain the absolute property of Show Light & Power.
26.2 If the Client fails to return the Equipment to Show Light & Power when requested then Show Light & Power or Show Light & Power's nominated agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied, or used by the Client, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
26.3 The Client is not authorised to pledge Show Light & Power's credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
27. Client’s Responsibilities
27.1 The Client shall:
(a) satisfy itself at commencement that the Equipment is suitable for its purposes;
(b) notify Show Light & Power immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;
(c) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Show Light & Power or posted on the Equipment;
(d) ensure that:
(i) all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Show Light & Power upon request;
(ii) all reasonable care is taken by the operator in handling the Equipment and that the Equipment is left locked and/or securely stored when not in use.
(e) comply with all work health and safety laws relating to the Equipment and its operation;
(f) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Show Light & Power;
(g) keep the Equipment in their own possession and control and shall not assign the benefit of the hire Contract nor be entitled to lien over the Equipment;
(h) employ the Equipment solely in its own work and shall not permit the Equipment or any part thereof to be used by any other party for any other work;
(i) indemnify and hold harmless Show Light & Power in respect of all claims arising out of the Client’s use of the Equipment.
27.2 The Client shall not:
(a) alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
(b) not exceed the recommended or legal load and capacity limits of the Equipment;
(c) not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
(d) not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold.
27.3 Immediately on request by Show Light & Power the Client will pay:
(a) the new list Charges of any Equipment that is for whatever reason destroyed, written off or not returned to Show Light & Power;
(b) all costs incurred in cleaning the Equipment;
(c) all costs of repairing any damage caused by:
(i) the ordinary use of the Equipment up to an amount equal to the new list Charges of the Equipment;
(ii) the negligence of the Client or the Client’s agent;
(iii) vandalism, or (in Show Light & Power's reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client.
(d) the cost of fuels (if applicable) and consumables provided by Show Light & Power and used by the Client;
(i) lost hire fees Show Light & Power would have otherwise been entitled to for the Equipment, under this, or any other hire contract;
(ii) costs incurred by Show Light & Power in picking up and returning the Equipment to Show Light & Power’s premises if the Client does not return the Equipment to Show Light & Power's premises or any pre-agreed pickup location when it was originally agreed that the Client would do so.
28. Wet Hire
28.1 “Wet Hire” shall mean that the Equipment is hired with an operator who shall always remain an employee of Show Light & Power.
28.2 In the event of Wet Hire, the operator of the Equipment remains an employee of Showlight & Power and operates the Equipment in accordance with the Client’s instructions. As such Showlight & Power shall not be liable for any actions of the operator in following the Client’s instructions.
Show Light and Power Limited
Head Office - PO Box 59048 - Mangere Bridge, Auckland 2151