The Lessor hereby lets to the Hirer who hereby hires the Goods and Services on the terms and subject to the conditions set
out in this agreement.
The quote is valid for a period of 14 (fourteen) days from the date of its receipt by the hirer and no binding agreement will come into
existence prior to the acceptance of the Quote by the hirer in writing and the payment of the Deposit in terms of clause 3 below, if
applicable. Any request by the Hirer for the amendment of the Period, Goods and/or Services shall only be considered if written
notice of such request is received by the Lessor 48 hours or more before delivery of the Goods and/or Services, provided however
that the Lessor shall not be obliged to agree to any such amendment and provided further that the Lessor shall be entitled to amend
the Quote, including but not limited to the charges and Deposit set out therein. By signature of the quote the Hirer agrees to be bound
by these terms and conditions, which are incorporated in and form part of the Agreement.
The Hirer shall pay the Deposit to the Lessor on the signature of the Quote in order to secure the hire of the Goods and the Services.
In the event of a cancellation of the hire of the Goods and Services by the Hirer, the deposit shall be forfeited to the Lessor as follows:
100% (one hundred percent) of the deposit shall be forfeited if the hire of the Goods and Services is cancelled less than 30 (thirty)
days before the commencement of the Period; and 50% (fifty percent) of the Deposit shall be forfeited if the hire of the Goods and
Services is cancelled more than 30 (thirty) days before commencement of the Period; unless otherwise agreed in writing by the
The Hirer shall pay the charges to the Lessor in cash, cheque or direct debit on or before the delivery of the Goods by the Lessor or
the collection of the Goods by the Hirer at the commencement of the Period, unless otherwise agreed by the Lessor in writing. The
charges are, unless otherwise stated, exclusive of any applicable Goods & Services tax (“GST”) for which the hire shall additionally be
liable. The Hirer shall pay all sums due to the Lessor in terms of this Agreement without any set-off, deduction, counterclaim and/or
any other withholding of monies. If any amount due by the Hirer to the Lessor is not paid on the due date, then without prejudice to
any other remedy to which the Lessor may be entitled, all such overdue amounts shall bear interest at 2% (two percent) above the
Lessor’s bank’s published minimum lending rate of interest per annum, compounded monthly in arrears. All costs and expenses of or
incurred by Schupepe Limited as a result of late or non-payment shall be payable by the Hirer on demand.
The Hirer warrants that the Site is: easily accessible to standard vehicles; firm and level; clear and free of underground, surface and
aerial obstructions. Should the Site not comply with the warrant in terms of clause 5 above, the Lessor shall be entitled, without
prejudice to any other remedy to which the Lessor may be entitled, to: re-determine the charges payable by the Hirer; or cancel the
Agreement, in which event the Hirer shall have no claim whatsoever against the Lessor in respect of such cancellation. The Hirer
shall at its cost restore the Site to the condition it was in prior to the delivery of the Goods and/or performance of the Services, it being
specifically acknowledged and agreed that the charges do not include any repairs or making good that may be required to the Site.
The Hirer warrants that it has obtained all necessary governmental, municipal, regulatory, engineering and other approvals and/or
consents and/or licences which may be required for access to and use of the Site, installation of the Goods, and/or performance of the
Services. The Hirer indemnifies and holds the Lessor harmless from and against any and all loss, damage or liability (whether
criminal or civil) suffered (and legal fees and costs incurred) by the Lessor as a result of such approval and/or consents and/or
licences not having been obtained.
The Lessor shall be entitled to access to the Site at all reasonable times to inter alia: inspect the Site; compile or amend a Quote;
deliver and/or collect Goods; and perform the Services. The Hirer shall allow and/or procure sufficient access to and from the Site
and procure sufficient unloading space, if any services are delayed, postponed and/or are cancelled due to the Hirer failing to comply
with its obligations in terms of this clause 7, the Hirer shall be liable to pay the Lessor’s additional standard charges from time to time
for such delay, postponement and/or cancellation except where the delay is due to Force Majeure.
8. SUBSTITUTION OF GOODS
If for reasons beyond the control of the Lessor any goods Hirer are not available for the period, the Lessor shall be entitled to erect
and/or supply goods similar in size and/or specification to those referred to in the Quote to meet as near as possible the Hirer’s
requirements, provided however that such alternative goods shall not materially affect the Hirer’s position in relation to the proposed
actual use of the Goods by the Hirer. In the event that the Lessor is unable to substitute alternative goods the Lessor shall notify the
Hirer of the cancellation of the Agreement in which event any Deposit or other monies paid by the Hirer shall be refunded immediately
and the Hirer shall have no claim whatsoever against the Lessor in respect of the cancellation.
9. HIRER’S DUTIES
The Hirer undertakes: not to interfere with the Goods, their working mechanisms or any other parts of them and to take reasonable
care of the Goods and only use them for their proper purpose. To take adequate and proper measures to protect the Goods from
theft, damage and/or other risks; to timeously notify the Lessor of any change of the Site; to permit the Lessor at all reasonable times
to inspect the Goods; to keep the Goods at all times in its possession and control and not to remove the Goods from the Site without
the prior written consent of the Lessor; not to do or omit to do anything which will or may be deemed to invalidate any policy of
insurance related to the Goods which is notified to the Hirer by the Lessor; to keep the Goods free from attachment, hypothec or other
legal charge or process; and not to move or modify any Goods set up or erected by the Lessor.
10. RISK OWNERSHIP AND INSURANCE
Risk in the Goods shall pass immediately to the Hirer when they leave the physical possession or control of the Lessor. Risk in the
Goods shall not pass back to the Lessor from the Hirer until such time as the Goods are back in the physical possession of the
Lessor. This shall apply even if the Lessor has agreed to cease charging any Charges in respect of the Goods. Ownership of the
Goods remains at all times with the Lessor. The Hirer has no right, title or interest in the Hire Goods except insofar as they are hired
to the Hirer in terms of this Agreement.
11. LOSS OR DAMAGE TO THE GOODS
The Hirer shall be responsible for all expenses, loss (including Charges) and/or damage suffered and/or incurred by the Lessor arising
from any breakdown of the Goods due to the Hirer’s negligence, misdirection and/or misuse of the Goods. The Hirer shall pay to the
Lessor the full replacement cost of any Goods which are lost, stolen or damaged beyond reasonable repair during the Period less the
amount paid to the Lessor under any policy of insurance taken out in accordance with this Agreement.
12. EXCLUSION OF LIABILITY
The Lessor and its representatives, agents, employees, sub-contractors and/or servants shall not be liable to the Hirer for: any direct,
indirect, general, special or consequential damages as a result of: late or non-delivery of the Goods; shortages of the Goods (unless
notified within 24 (twenty four) hours of delivery); Force Majeure; or damage to the Site or to any under ground, surface or over head
cables and installations to the Site (whether their location has been pointed out to the Lessor or not); any indirect, consequential or
special damages arising from this Agreement; any negligent acts of the Lessor and its representatives, agents, employees, sub
contractors and/or servants.
The Hirer hereby indemnifies and holds the Lessor and its representatives, agents, employees, sub contractors and/or servants
harmless from and against any and all loss, damage or liability (whether criminal or civil) suffered (and legal fees and costs incurred)
by the Lessor and its representatives, agents, employees, sub contractors and/or servants arising directly or indirectly from this
Agreement, including but not limited to those arising from: the Hirers possession and use of the Goods; damage to or a failure to
restore the Site to the condition that it was in prior to delivery of the Goods; damage to underground, surface or over head cables and
installations (whether their location has been pointed out to the Lessor or not); the Lessor’s late defective and/or non-performance of
its obligations to the Hirer; the Lessor’s negligence; the failure of the Hirer to obtain any approvals and/or consents and/or licenses in
terms of clause 6 above; and Force Majeure.
14. FORCE MAJEURE
Notwithstanding anything to the contrary contained in this Agreement, the Lessor shall under no circumstances be liable to the Hirer
for any delay, defective or non-performance under this Agreement as a result of Force Majeure. In the event of a Force Majeure
event occurring, the Lessor shall in its sole discretion determine whether it is possible and/or safe and/or advisable to install the
Goods and/or carry out the Services at the Site and/or allow the Goods to remain installed at the Site. In the event that the Lessor
determines that it is not possible and/or safe and/or advisable for the Goods to be installed and/or the Services to be carried out at the
Site and/or for the Goods to remain installed at the Site, this Agreement shall be cancelled and the Hirer shall have no claim
whatsoever against the Lessor in respect of such cancellation, and the Lessor shall be entitled to recover its reasonable costs
incurred in attempting to install the Goods and/or carry out the Services in terms of this Agreement. The Hirer shall be responsible for
insuring that it has arranged an alternative venue for the event for which it required the Goods and/or Services and/or has arranged
sufficient event insurance in respect of the event and the Lessor shall have no liability whatsoever in respect thereof.
No concessions, indulgence or additional benefit which a party (“the Grantor”) may at any time grant to the other party shall be
deemed to constitute a novation or an amendment of this Agreement or a waiver of the rights of the Grantor hereunder. No
agreement purporting to vary the terms and conditions hereof shall be of any force and effect unless reduced to writing and signed by
the parties hereto. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and no
parties shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. This Agreement
shall be governed by and construed in accordance with the laws of New Zealand and the parties hereby consent to the jurisdiction of
the Magistrates Court having jurisdiction and respect of all or any disputes which may arise between them in relation to or arising out
of the implementation of this Agreement, subject, however to the Lessor’s right to proceed in its discretion in any High Court having