FAT LIGHTING TERMS OF TRADE
Welcome to FAT Lighting. These Terms are intended to explain our obligations when you hire equipment from us and your obligations as a customer. Please read them carefully. It is your obligation to have read, understood, and agree to the Terms available on this website.
By placing a booking with us, either through our agent or directly with us, you acknowledge that you have read and understood these Terms and have authority to act on behalf of any person for whom You are placing the booking. You are deemed to have agreed to these Terms on behalf of any entity for whom you place the booking.
"Agreement" means these terms of trade
"FAT" means FAT Lighting Ltd
"You" means the hirer of the equipment or vehicles. "Your" has a corresponding meaning.
2. DELIVERY AND RETURN
The equipment and/or vehicles hired will be available for collection at 7/489 Rosebank Road, Avondale, Auckland and are are to be returned to 7/489 Rosebank Road, Avondale, Auckland.
3. CONTRACT FEE
In consideration of FAT providing equipment you will pay FAT the daily rate agreed. Travel, preparation and wrap days will be charge at 50% of the daily rate for the Lighting Vehicles and Lighting Equipment. The daily fee excludes consumables which will be charged separately.
Vehicle travel will be charged at $2.00 plus GST per kilometre for all vehicles, which includes Petrol, diesel and oil. Running time on 124kva Generators is charged at $17.00 per hour plus GST.
Bulb time is charged at 10% of the daily hire price of the light per hour of use for HMI lights. There is no charge for bulb time on tungsten lights. Blown bulbs caused by transit or shock will be charged for.
Gels and other consumables are charged at $30.00 per metre plus GST.
A booking, if cancelled, will be charged for at 100% of the cancellation fee regardless of the time frame from the confirmation. The cancellation fee will be calculated on the number of days work cancelled, at a daily rate equal to one days truck of $550, one day generator of $650, and one day 18000W Fresnel hire of $500. This clause is outside the terms of the "Blue Book".
6. YOUR OBLIGATIONS
Payment shall be made in full on due date. Interest may be charged on any amount owing after due date at a rate of 14% per annum.
You will take reasonable care of the Equipment, including without limitation, engaging only trained persons to operate the equipment if necessary, complying with any instructions given by FAT as to the use of the Equipment, not attempting to repair or adjust the Equipment except as is necessary for the ordinary use of the Equipment, and protecting the Equipment from adverse conditions.
If any equipment provided under this contract is lost, damaged, or destroyed by any cause whatsoever, (excluding normal wear and tear) (including the acts, whether negligent or not, of Technicians), you will until the equipment has been replaced or repaired, pay the hire charge on the equipment at commercial rates, and you will be liable to full repair costs.
Repair, modification or dismantling of equipment is not permitted.
Equipment is NOT insured and is your responsibility.
In Accordance with the Land Transport Rule: Operator Licencing 2007, You must elect one of the following two options.
- Option One - INSURANCE REJECTION
You acknowledge that the vehicles and equipment are hired at Your own risk in respect of loss or damage and consequential loss by the owner. You accept that You may be liable to the owner for any loss or damage to the vehicle and consequential loss. You accept that You have no insurance cover under this agreement in respect of any damage or loss caused to any person or property.
- Option Two - ACCEPTANCE OF INSURANCE
You accept that You have no insurance cover under this agreement in respect of any damage or loss caused to any person or property. You agree to be covered by the insurance cover offered by FAT and acknowledges that You are aware of the exclusions set out within those terms.
To accept an insurance offer from FAT You must first request the offer from FAT and then notify FAT in writing that you accept the Insurance proposal. If no notification is received by FAT you will be deemed to have rejected the insurance and You agree to fully insure the Equipment and Vehicles for full replacement cost.
In the event of a claim, proceeds from the claim are to be paid without encumbrance or delay to FAT.
LIABILITY AND INDEMNITY
You agree to indemnify FAT against any proceedings, claims, losses, damages and liabilities whatsoever suffered or incurred by it at any time as a result of or arising from this Agreement.
7. REMOVAL OF EQUIPMENT
On termination FAT may after having give you 24 hour’s prior written notice, and enter the premises at a reasonable hour to remove the equipment.
8. VEHICLE HIRE
8.1 The vehicles may be driven during the period of hire only by Your employees of contractors, and only if each person driving the vehicle holds a current driver’s license appropriate for the vehicle at the time he/she is driving the vehicle.
8.2 Liability for Use of Vehicles
You shall not:
a) use or allow any vehicles to be used for the transport of passengers for hire or reward unless the vehicle is hired with the knowledge of FAT for use in a licensed passenger service.
b) sublet or hire a vehicle to any other person
c) allow a vehicle to be operated outside his/her authority:
d) operate a vehicle, or allow it to be operated in circumstances that constitute an offence against Section 56,57 or 58 of the Land Transport Act: (which relates to alcohol or under the influence of drink or drug)
e) operate a vehicle, or allow it to be operated in a race, speed test, rally or contest;
f) operate a vehicle, or allow it to be operated in breach of the Land Transport Act, the Transport Act 1962, Land Transport (Road User) Law 2004, or any other act, regulations, rules or by-laws relating to road traffic.
g) operate the vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the vehicle.
h) Drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current driver license appropriate for the vehicle.
8.3 Liability for Infringement Fees
FAT may charge an infringement fee to You if an employee or contractor commits an offence involving the vehicles and:
a) the offence was detected by approved vehicle surveillance equipment and arises from a speeding, traffic signal; toll; or parking offence .
b) the offence is committed during the term of hire
c) FAT undertakes to send a copy of the infringement notice and a copy of the reminder notice to You as soon as it practicable.
By signing this Agreement You confirm in writing that You have been notified that:
a) You have the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.
b) You have a right to seek a Court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice).
If FAT does not receive an infringement notice for an offence listed above committed during a period of hire, but receives a reminder notice for that offence, FAT must:
a) Forward a copy of the reminder notice and of this Agreement to the permanent address provided by You, within 5 working days of receipt of the reminder notice; and
b) Notify You that Fat will be charging You. FAT may charge an administration fee of $25.00 to cover the cost of debiting the payment.
c) FAT must remit any infringement fee paid by You to the appropriate enforcement authority as soon as practicable.
9. NEW ZEALAND AGREEMENT
This Agreement shall be covered by the law of New Zealand.