TERMS OF BUSINESS WITH KINGSIZE STUDIOS
1 Kingsize means Kingsize Studios Limited.
2Customer means the person(s) or entity hiring equipment or a studio or personnel, or buying goods or services, from Kingsize and includes all persons acting on behalf of or under the instructions of the hirer.
3 Hire includes hire or borrowing, free or discounted hires, taking possession or control for testing and the like, irrespective of whether an advance reservation has been arranged, and whether on Kingsize premises or elsewhere.
4 Equipment means any equipment, tools, cases, accessories, media, books or vehicles hired by Kingsize to the Customer whether or not they are owned by Kingsize.
5 Studio means a studio, office or other area in Kingsize’s premises used or useable for photography or similar business, and associated use such as storage.
6 Personnel means any natural person, company or partnership, engaged or contracted by Kingsize to provide services to a Customer.
7 Goods means any item(s) sold by Kingsize.
8 Services means any services, including (but not limited to) photography, production, location, editing, technical or otherwise, wherever provided.
9 Lost means lost, stolen, missing or otherwise unaccounted for.
10 Damaged means damaged or destroyed, and includes cosmetic damage.
11Credit Account means a credit account with Kingsize in accordance with clause 13 of these terms.
12PPSA means the Personal Property Securities Act 1999.
2 All business with Kingsize is conducted strictly on the basis of these terms of business which replace previous terms of business and take precedence over any terms offered by the Customer.
3 By requesting a reservation with Kingsize, hiring equipment, studio and/ or personnel, or ordering goods from Kingsize, the Customer accepts and is bound by all these terms of business.
4 These terms cannot be altered in any way except by the written agreement of Kingsize.
5 Any relaxation, waiver or failure to enforce any part of these terms by Kingsize does not constitute a waiver of any other part of these terms and does not apply to subsequent occasions.
6 Unless otherwise specifically stated in writing, all prices exclude GST.
7 Where no price is stated in writing or agreed to orally, the equipment, studio, goods and/or services are hired or sold at the current amount used by Kingsize at the time of the contract.
8 The price may be increased by the amount of any increase in the cost of supply or by an exchange rate variation which is beyond the control of Kingsize and arises between the date of the contract and delivery by Kingsize.
9 Payment shall be made in full on confirmation, or collection for non Credit Account customers, on or before the 20th day of the month following the date of the Kingsize invoice unless specifically agreed in writing for Credit Account customers.
10 A non-refundable deposit may be required by Kingsize as prepayment to confirm a reservation, and/or a refundable security deposit may be required by Kingsize.
11A Customer with a hire or order at a value of more than $5,000 (or such lower amount as Kingsize specifies) may be required to pay a deposit, to secure goods or services, of no less than 50% of the total value or 100% of Kingsize’s external costs of the hire or order.
12 An international Customer may be required to pay in full on confirmation before supply of any equipment, studio, goods or services.
13 A Credit Account under which a Customer receives credit from Kingsize will be opened only for a limited liability company registered under the Companies Act 1993, and at Kingsize’s sole discretion.
14 Where a quotation is given it shall be valid for thirty (30) days from the date of issue, but Kingsize reserves the right to alter the quotation at any time because of circumstances beyond its control.
15 If for any reason the Customer does not sign a booking agreement, an equipment condition report or other hire documentation, acceptance of the equipment, studio, personnel or goods when handed over to the Customer shall in itself constitute an acceptance by the Customer of the dispatch receipt, equipment condition report, fother documentation and of any estimate or quotation, as prepared and signed by Kingsize.
16 A booking is considered firm after receiving any written or verbal confirmation.
Bookings may only be extended with the prior consent of Kingsize, and published ‘overtime’ rates will be applicable to hires that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked.
17 Kingsize may charge a cancellation fee, determined at the sole discretion of Kingsize, in lieu of estimated charges on a confirmed reservation that is cancelled or postponed.
18 If the Customer wishes to cancel or postpone a confirmed booking this must be done at least 72 hours before the hire period starts or 50% of the full equipment, personnel or studio booking rate will apply.
19 The Customer shall not re-hire the equipment, studio or personnel to, or allow their use by, another party without prior written permission from Kingsize.
20 The Customer shall ensure all equipment is used in a skilful and proper manner by persons with the necessary licence, experience and familiarity with that type of equipment, and will if required by Kingsize produce reasonable evidence of compliance with this clause.
21 The Customer will not adjust or repair, or interfere with, equipment except where it is necessary for its proper and normal use.
22 The Customer will comply with all relevant laws and regulations when using the equipment, studio or personnel. In particular, the Customer will comply with occupational health and safety legislation in respect of the personnel.
23 The Customer shall advise Kingsize of the intended and actual situation of the equipment or personnel during the hire period and shall not remove the equipment or personnel, or allow them to be taken, out of New Zealand, except with the prior written consent from Kingsize and subject to satisfaction of its requirements for overseas operation including, but not limited to, insurance.
24 The Customer shall allow Kingsize immediate access to the equipment, studio and goods if required for the purposes of inspection, repair, or recovery.
25 The Customer shall not allow the equipment, studio or personnel, to be used on any abnormal or hazardous assignment without prior written permission of Kingsize. This includes but is not limited to environments where the equipment, studio or personnel could be affected by atmospheric or environmental corrosion, including volcanic or salt laden atmospheres, sandy, dusty csalt water or fresh water environments, and on boats or over water.
26 The Customer acknowledges receipt of equipment and studio in good working order and condition, without scratches, impact damage or fault of any nature except as notified to and accepted by Kingsize at the time of handover.
27 Kingsize is not responsible for incomplete kits or incorrect functioning or performance of equipment, studio or personnel. It is the responsibility of the Customer to check the functioning, suitability and capacity of the equipment, studio or personnel before or at the start of hire.
28 The Customer should monitor and check all recordings made by the equipment. Whatever the reason, Kingsize does not accept any responsibility for failure to record data, defects in recording, or partial or complete loss of data.
29 The Customer accepts full responsibility for the care and safekeeping of the equipment, studio or goods from the time they are handed over to the Customer whether at Kingsize’s premises or to a carrier for freighting to the Customer or elsewhere. Where Kingsize agrees to deliver the equipment or goods the Customer is liable from the time they leave Kingsize’s premises. Kingsize re-assumes responsibility for the equipment or studio when they are handed back into the care of Kingsize at Kingsize’s premises, or (in the case of equipment and goods) until they are shipped back to Kingsize’s premises and only if then accepted by Kingsize. Where Kingsize picks up the equipment or goods Kingsize reassumes responsibility when they arrive at Kingsize’s premises.
30 Acceptance of returned equipment or studio by Kingsize is not an acknowledgement by Kingsize that the equipment or studio is complete, undamaged and/or in good working order and condition and does not constitute a discharge of the Customer from any obligations under these terms. This can only be acknowledged after Kingsize has completed its post hire checks.
31 While Kingsize may insure its equipment and the studio and its liability in respect of personnel against all normal insurable risks, it has no obligation to do so. The Customer shall be responsible for insuring the equipment and personal property belonging to the Customer and to its employees and agents, and its liability in respect of personnel, whether on Kingsize’s premises or elsewhere.
32 Subject to the terms of Kingsize’s insurance, and the consent or otherwise of Kingsize’s insurer, the liability of the Customer may be limited to the excess applying under Kingsize’s insurance to the particular claim, loss or damage, or liability (currently $1,000 plus GST), which is payable by the Customer within 7 days of a claim.
33 If Kingsize agrees that the Customer may use its own insurance, the Customer shall arrange comprehensive insurance with a reputable insurer for the equipment, studio, personnel liability or goods for the duration of the hire. The insurance shall cover loss and damage and extra charges for replacement equipment and extended hire fees until equipment is replaced or repaired. The Customer shall also provide a current certificate of indemnity from the insurer showing Kingsize as interested and co-insured party before the hire or use of any equipment, studio, goods or services, but acceptance of that insurance does not reduce the Customer’s liability under these terms.
34 If equipment is lost or damaged:
1Damaged equipment will be immediately returned to Kingsize.
2The Customer shall pay on demand to Kingsize the cost of checking or assessment, estimation of loss or repair, and the costs of investigation and recovery.
3The Customer shall also pay on demand to Kingsize the full current replacement cost, and/or the full cost of repair at normal repair rates, and the full costs of arranging the repair or replacement, including but not limited to freight costs, third party advice and the cost of preparation of claims and documentation.
4Lost equipment is deemed to be unrecoverable after 14 days.
5Kingsize has the sole discretion and right to decide whether equipment is replaced or repaired, who shall carry out the repair, and whether to accept an equivalent monetary recompense instead of replacement or repair.
6The Customer shall pay to Kingsize on demand hire fees for the equipment until the equipment has been repaired or replaced, up to a maximum period of 13 weeks from the date of the loss or damage, or a maximum of 4 weeks if Kingsize elects not to replace equipment.
35 Any loss of or damage to the equipment shall be forthwith notified to Kingsize and the Customer will promptly supply a written report detailing the circumstances of the damage or loss and supply all relevant information and documentation to Kingsize, its insurer, the police and appropriate authorities. The Customer will not do anything to prejudice an insurance claim.
36 If Kingsize supplies replacements for lost or damaged equipment it will be charged at full list rates.
37 Return of equipment in a dirty or improperly packaged condition will result in a surcharge.
38 If, at the end of a hire, in Kingsize’s opinion, equipment requires disassembly for checking, whether or not damage is found, the Customer will be charged for the reasonable costs of the disassembly.
39 Except to the extent implied by any statute or regulation in force Kingsize makes no warranties or representations in respect of the equipment, studio, goods or services, and the Customer accepts the equipment, studio, goods or services relying only on the Customer’s own knowledge, advice and opinion.
40 Title to goods sold to the Customer does not pass to the Customer until fully paid for, but the Customer is liable for the goods that are lost, or damaged. The Customer agrees that Kingsize has a security interest in the goods under the PPSA to the extent of all monies payable to Kingsize by the Customer.
41 If the Customer defaults (or in the opinion of Kingsize is likely to default) in compliance with these terms, the Customer gives irrevocable authority to Kingsize to enter any premises occupied by the Customer or on which equipment or goods are situated at any reasonable time to remove and repossess any equipment or goods and any other property to which they are attached or in which they are incorporated. Kingsize is not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of such action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Kingsize may either resell any repossessed equipment or goods and any other property and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed equipment or goods and any other property and credit the Customer’s account with the invoice value thereof less such sum as Kingsize reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
42 Where equipment or goods and any other property are retained by Kingsize the Customer waives its rights to receive notice under s.120 of the PPSA and to object under s.121 of the PPSA.
43 Goods are not returnable.
44 Kingsize (and the supplier of equipment or goods to Kingsize) is not liable for consequential losses to the Customer or any third party caused as a result of the equipment not being fit for any use to which it is put, or failure of the equipment to perform adequately in any way, or of delay in the hire or delivery of equipment, studio, goods or services, or for any other reason.
45 For hire durations of longer than 1 month, or in any circumstances where the hire period is extended beyond the equipment or appliance electrical safety test date, it shall be the responsibility of the Customer to meet the conditions of testing, tagging and recording required by AS/NZS3760.
46 In the event of any breach of these terms, or where in Kingsize’s opinion the Customer is likely to breach these terms, or the Customer fails to make any payment in full by due date, or in Kingsize’s opinion is likely to be unable to make payment in full by due date, or is placed in receivership, liquidation, voluntary administration, bankruptcy or makes creditor arrangements, Kingsize may at its sole discretion terminate the hire and/or sale and cancel any outstanding order without further notice and with immediate effect.
47 Upon such breach or termination the Customer shall forthwith at their own risk and cost, deliver up the equipment and/or goods to Kingsize’s premises. If the Customer refuses or does not do this, Kingsize, its servants and agents may, without previous notice, enter into and upon any premises where the equipment is, seize and retake possession of it. The Customer shall be liable to pay upon demand all costs of recovery.
48 In the event of default by the Customer, Kingsize shall be entitled to demand and recover from the Customer interest on any amount outstanding calculated from the date the sum or sums were due to be paid until the date of the actual payment, payable at the Kingsize’s then current overdraft rate plus 4% p.a. compounding annually.
49 Kingsize has the right to seek from any source credit and bona fides information about the Customer and the persons employed or engaged by the Customer who may operate the equipment or use the studio or otherwise be entrusted with their safekeeping. The Customer consents to the disclosure of such information.
50 Kingsize has the right to refuse a reservation, hire, sale, to extend credit and to allow certain personnel to operate the equipment or use a studio, without giving reasons.
51 The Customer will be liable to pay to Kingsize upon demand all and any legal expenses and collection costs incurred by Kingsize in enforcing its rights under these terms.
52 The Customer shall not deduct, withhold or set-off any amount from or against any sum payable to Kingsize. Kingsize may accept and apply payments from the Customer in respect of any indebtedness and Kingsize will not be bound by any conditions or qualifications attaching to such payments.
53 The Customer shall not assign, transfer or sublet their rights under this agreement and will not pledge, mortgage or encumber equipment or their rights under this agreement.
54 The Customer will comply with operational rules and practices applying to the use of the equipment and studio, which Kingsize may change from time to time at its discretion.
The following are the operational rules and practices applying at the date of first issue of these terms.
During the hire period the Customer and their servants / agents shall abide by the following rules:
1The client must ensure that his own public liability insurance is operative for all persons in the studio during the hours of use, to cover any accident, injury or death.
2Nothing shall be done or permitted on the premises or adjacent to them which may cause nuisance, damage or disturbance to the owners or occupiers of adjacent premises.
3No smoking is allowed on any part of the studio premises.
4Noise shall be kept to a reasonable level and the client and their agents and servants shall respond to any request to reduce the noise level if necessary.
5The client and their servants / agents shall take all reasonable steps to ensure that the studio premises and equipment are not damaged, removed or altered in any way.
6The client is responsible for ensuring that the security and fire alarm systems are not tampered with or activated except in instances believed to be a genuine emergency.
7The client shall abide by all relevant statutory health and safety procedures.
8Any materials used in connection with sets constructed by the client shall be removed immediately from the studio premises by the end of the hire period.
9The studio premises shall be immediately surrendered to Kingsize at the end of the hire period in the same condition as they were at the beginning of that period.
10The client shall be responsible for removing all rubbish and belongings from the studio premises by the end of the hire period (or incur disposal costs).
11The client and any of its servants / agents shall not become intoxicated or behave in such a manner which would result in them being unable to safely occupy the studio premises or operate any equipment.
12The client must ensure that all persons under the age of 18 have parents’ or
guardian’s permission to be at the studio, for the purposes of the photography or filming, during the period of studio hire.
13The client shall ensure that neither they nor their servants / agents shall perform any illegal acts or create anything which is illegal or which infringes any applicable laws or third party rights whilst on the studio premises.
Breakages, Losses and Damages
1The client hiring the studio is responsible for all breakages, losses or damages caused to the studio or equipment by him/her, or any other person, during the use of the studio.
2All equipment and services are supplied by Kingsize entirely at the risk of the client. Kingsize shall not be liable for any loss or damage to materials or props or equipment, including consequential loss and loss of profit however caused, arising out of the use or the inability to use the equipment supplied or agreed to be supplied.
3No alterations, decorations or additions to the studio are permitted without the written consent of Kingsize.
4The client shall pay any costs incurred by Kingsize arising out of any breach of these conditions.
5The client must notify Kingsize at the time of supply if the condition of the equipment or studio space is not acceptable.