hire-terms | Carlton Events

Carlton Events Limited Terms and Conditions

Carlton Events – Terms and Conditions of Trade

1. Definitions

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 Carlton Events 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 Carlton Events 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

(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 Carlton Events 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 Carlton Events, 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 Carlton Events to the Client, either separately or deposited incidentally

by Carlton Events 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 “Carlton Events ” means Carlton Events Limited, its successors and assigns.

1.9 “Incidental Items” means any goods, documents, designs, drawings, or materials supplied,

consumed, created, or deposited incidentally by Carlton Events, 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 Carlton Eventsr

to the Client.

1.11 “Services” means all Services supplied by Carlton Events to the Client at the Client’s request from

time to time.

2. Acceptance

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 Carlton Events 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, Carlton Events reserves the right to refuse Delivery;

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 Carlton Events 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 Carlton Events 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 Carlton Events 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 Carlton Events; 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 Carlton Events shall (for the duration of the Services) liaise directly with

one (1) authorised representative, and that once introduced as such to Carlton Events, 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 Carlton Events for all

additional costs incurred by Carlton Events (including Carlton Events 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 Carlton Events 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 Carlton Events because of the

Client’s failure to comply with this clause.

6. Charges and Payment

6.1 At Carlton Events sole discretion, the Charges shall be either:

(a) As indicated on any invoice provided by Carlton Events to the Client; or

(b) The Charges as at the date of Delivery of the Services/Equipment according to Carlton Events current

Charges schedule; or

for the period stated in the quotation or otherwise for a period of thirty (30) days.

6.2 Carlton Events 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

breakages of Equipment on hire upon return), which are beyond Carlton Events control.

6.3 Variations will be charged for based on Carlton Events quotation, and will be detailed in writing, and

shown as variations on Carlton Events invoice. The Client shall be required to respond to any variation

submitted by Carlton Events within ten (10) Business Days. Failure to do so will entitle Carlton Events 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 Carlton Events 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 Carlton Events, 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;

invoice given to the Client by Carlton Events.

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 Carlton Events.

6.7 Receipt by Carlton Events 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 Carlton Events may in its discretion allocate any payment received from the Client towards any

invoice thatCarlton Events determines and may do so at the time of receipt or at any time afterwards. On

any default by the Client, Carlton Events may re-allocate any payments previously received and allocated.

In the absence of any payment allocation by Carlton Events, payment will be deemed to be allocated in

such manner as preserves the maximum value of Carlton Events 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 Carlton Events 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 Carlton Events an amount equal to any GST Carlton Events must pay for any supply by

Carlton Events under this or any other agreement for providing Carlton Events 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 Carlton Events will:

(a) keep the Client’s personal details, including credit card details for only as long as is deemed necessary

by Carlton Events;

(b) not disclose the Client’s credit card details to any third party; and

Privacy Act (clause 19) or where required by law.

7.2 The Client expressly agrees that Carlton Events 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;

(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 Carlton

Events address; or

(b) Carlton Events(or Carlton Events 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 Carlton Events sole discretion the cost of Delivery is in addition to the Charges.

8.3 Carlton Eventsmay 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 Carlton Events for Delivery of the Services/Equipment is an estimate only and

Carlton Events 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

Carlton Events is unable to supply the Services/Equipment as agreed solely due to any action or inaction

of the Client, then Carlton Events shall be entitled to charge a reasonable fee for redelivery and/or

storage.

9. Risk

9.1 Irrespective of whether Carlton Events 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 Carlton Events may repossess the Incidental Items in accordance with clause 6.7.

The Client must insure all Incidental Items on or before delivery.

9.2 Carlton Eventsreserves 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 Carlton Events 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”)

Carlton Events 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 1660.2.1.1998

and AS/NZS 3000:2007.

10.4 Site Inductions

(a) In the event the Client requires an employee or sub-contractor of Carlton Events 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 Carlton Events standard (and/or overtime, if applicable) hourly labour rate; or

(b) where Carlton Events is in control of the event site, the Client and/or the Clients third party

contractors must initially carry out Carlton Events 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, Carlton Events 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;

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 Carlton Events 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 Carlton Events 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 Carlton Events, 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 Carlton Events 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 Carlton Events from and against all Carlton Events 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 Carlton Events and each director of Carlton Events 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 Carlton Events of any alleged defect, shortage in quantity, errors,

omissions, or failure to comply with the description or quote. The Client shall afford Carlton Events 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 Carlton Events has agreed in writing

that the Client is entitled to reject, Carlton Events liability is limited to either (at Carlton Events

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. Warranty

14.1 No warranty is given by Carlton Events 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

Carlton Events 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 Carlton Events 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 Carlton

Events. Under no circumstances may such designs, drawings and documents be used without the express

written approval of Carlton Events.

16.2 The Client shall indemnify Carlton Events 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 Carlton Events, 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

Carlton Events against any action taken by a third party againstCarlton Events.

16.3 Carlton Events may photograph, video or record by the Client’s event, and upon termination, for

Carlton Events 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 Carlton Events

sole discretion such interest shall compound monthly at such a rate) after as well as before any

judgment.

17.2 If the Client owes Carlton Events any money the Client shall indemnify Carlton Events from and

against all costs and disbursements incurred by Carlton Events in recovering the debt (including but not

limited to internal administration fees, legal costs on a solicitor and own client basis, Carlton Events

collection agency costs and bank dishonour fees).

17.3 Further to any other rights or remedies Carlton Events may have under this Contract, if a Client has

made payment to Carlton Events, 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 Carlton Events

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 Carlton Events other remedies at law Carlton Events shall be entitled to cancel

all or any part of any order of the Client which remains unfulfilled and all amounts owing to Carlton

Events shall, whether due for payment or not, become immediately payable if:

(a) any money payable to Carlton Events becomes overdue, or in Carlton Events 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 Carlton Events;

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.

18. Cancellation

Cancellation COVID Policy:

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,

Carlton Events Limited retains the right to charge a cancellation fee equivalent to 70% of the full rate.

Standard Cancellation Policy:

18.1 Without prejudice to any other remedies Carlton Events may have, if at any time the Client is in

breach of any obligation (including those relating to payment) under these terms and conditions Carlton

Events may suspend or terminate the supply of Services/Equipment to the Client. Carlton Eventswill not

be liable to the Client for any loss or damage the Client suffers because Carlton Events has exercised its

rights under this clause.

18.2 Carlton Events 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 Carlton Events shall repay to the Client any

money paid by the Client for the provision of the Services/Equipment. Carlton Events shall not be liable

for any loss or damage whatsoever arising from such cancellation.

18.3 Carlton Events 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 Carlton

Events, 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 Carlton Events is providing its Services or Equipment then

the Client shall be liable to Carlton Events for any losses or costs incurred by Carlton Events(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

Carlton Events 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 fifty percent (70%) of the Contract Charges will apply; or

event, a cancellation fee of up to thirty percent (70%) 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 twenty five (25) 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. Privacy Policy

19.1 All emails, documents, images, or other recorded information held or used by Carlton Events is

“Personal Information” as defined and referred to in clause 19.3 and therefore considered confidential.

Carlton Events 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. Carlton Events acknowledges that in the event it becomes aware of any

data breaches and/or disclosure of the Client’s Personal Information, held by Carlton Events that may

result in serious harm to the Client, Carlton Events 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 Carlton Events in respect of Cookies

where the Client utilises Carlton Events website to make enquiries. Carlton Events 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

Events may collect and review that information (“collectively Personal Information”)

If the Client consents to Carlton Events use of Cookies on Carlton Events website and later wishes to

withdraw that consent, the Client may manage and control Carlton Events privacy controls via the

Client’s web browser, including removing Cookies by deleting them from the browser history when

exiting the site.

19.3 The Client authorises Carlton Events or Carlton Events 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 Carlton Events from the Client directly or

obtained by Carlton Events 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 Carlton Events, a copy of the Personal

Information about the Client retained by Carlton Events and the right to request that Carlton Events

correct any incorrect Personal Information.

19.6 Carlton Events 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 Carlton Events via e-mail. Carlton Events 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. Confidentiality

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

(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

(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;

(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. Trusts

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 Carlton Events may have notice of the Trust, the Client

covenants with Carlton Events 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;

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. General

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 Carlton Events has its principal place of business and are subject to the jurisdiction

of the Manukau Courts.

23.3 Subject to clause 14 Carlton Events 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 Carlton Events of these terms and conditions (alternatively Carlton Events liability

shall be limited to damages which under no circumstances shall exceed the Charges of the

Services/Equipment hire).

23.4 Carlton Events 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 Carlton Events.

23.6 Carlton Events 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 Carlton Events sub-contractors

without the authority of Carlton Events.

23.7 The Client agrees that Carlton Events 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 Carlton Events 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 Carlton Events.

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 Carlton Events agrees with the Client to deliver and/or collect the Equipment, hire charges shall

commence from the time the Equipment leaves Carlton Events premises and continue until the Client

notifies Carlton Events 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 Carlton Events confirms special prior arrangements in writing. In the event of Equipment

breakdown provided the Client notifies Carlton Events 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 Carlton Events 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 Carlton

Events 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,Carlton Events 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 Carlton Events 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 Carlton Events.

26.2 If the Client fails to return the Equipment to Carlton Events when requested then Carlton Events or

Carlton Events 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 Carlton Events 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 Carlton Events 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;

accordance with any manufacturer’s instruction whether supplied by Carlton Events 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 Carlton Events 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 Carlton Events;

(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 Carlton Events 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;

(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 Carlton Events the Client will pay:

(a) the new list Charges of any Equipment that is for whatever reason destroyed, written off or not

returned to Carlton Events;

(b) all costs incurred in cleaning the Equipment;

(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 Carlton Events 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 Carlton Events and used by the Client;

(e) any:

(i) lost hire fees Carlton Events would have otherwise been entitled to for the Equipment, under this, or

any other hire contract;

(ii) costs incurred by Carlton Events in picking up and returning the Equipment to Carlton Events

premises if the Client does not return the Equipment to Carlton Events 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 Carlton Events.

28.2 In the event of Wet Hire, the operator of the Equipment remains an employee of Carlton Events and

operates the Equipment in accordance with the Client’s instructions. As such Carlton Events shall not be

liable for any actions of the operator in following the Client’s instructions.

Carlton Events Limited

Head Office - PO Box 59048 - Mangere Bridge, Auckland 2151

Facebook Competition T's & C's

1. Winners will be randomly drawn on the date specified on the Facebook competition post.

2.. Winners will be notified by email and announced on Facebook.

3. Only one entry per person is permitted.

4. Competitions are not open to Carlton Events employees and their immediate family.

5. Carlton Events Competitions are in no way sponsored, endorsed, or administered by, or associated with, Facebook.

6. Information disclosed is for use by Carlton Events only.

7. Carlton Events may contact you from time to time with information about other offers or competitions.

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