Terms and Conditions (DB)

Terms and Conditions of Supply of Services

  1. The following terms and conditions apply to the supply of the services by AV Media including but not limited to hiring of technical equipment and/or decorative items to the client at the venue as described in the AV quote.

  2. The services to be provided are those described in the quote, the latest revision that is agreed to.

  3. In the event that an aspect of the service is not available at the agreed time it is to be supplied AV Media reserves the right to substitute another item for that service which in its opinion is equal to or superior to that designated but unavailable.

  4. The charges outlined in the quote may change if the client changes the date or times of it’s need for the services.  In that event or if additional or difference services are required to those set out in agreed quote or the event for which these services are required is extended, AV Media may charge additional costs in accordance with its schedules for those variations.

  5. If AV Media provides additional services which are not detailed in the quote additional charges will apply at AV Media’s standard rate and for changes made less than 48 hours before the scheduled commencement of services.  

  6. Signed AV order plus 50% deposit is required 5 working days prior to prep time, to secure booking.  An invoice will be issued after the event / hire period and payment is required in 7 days from invoice date.

  7. If payment is late, at AV Media’s discretion a late payment charge fee of $60 per week may apply.

    Cancellation

  8. We would be disappointed if your event was to be cancelled however, we realise circumstances occasionally make this necessary. Cancellation of AudioVisual order must be advised in writing. If the order is cancelled, the following conditions will apply.

    • Notice of 60 days or less from event date: 20% of Total AV Order is payable as cancellation fee, unless a new date has been agreed to by AV Media; as per change of date clause.

    • Notice of 15 working days or less from event date: 50% of total AV Order / deposit (whichever is greater) is payable as cancellation fee, unless a new date has been agreed to by AV Media as per change of date clause.

    • Notice of 5 working days or less from prep & pack in: Total AV Order is payable as cancellation fee.  

    • If travel arrangements have been made including but not limited to accommodation; truck hire; flights/ferry bookings; any cancellation charges will be passed on to the client.

    Change of date (Postponement)

    9. We understand that you may need to change the date of your event / AV order. We will attempt to be flexible with any changes of date where gear & resources are available. Provided we are advised at least 30 days prior to the event, we will transfer the deposit to the new event date. Postponement is only valid for 6 months from the original date and a new date will need to be provided upon postponement, unless otherwise agreed to by AV Media.  We will only accept one postponement per order.  Cancellation terms will apply outside the 6-month period. Please be aware that all events postponed are subject to new prices and conditions - a new agreement will apply.


    Insurance

    10. AV Media’s policies of insurance apply only in relation to the provision of services by AV Media and do not provide any insurance cover for the client or the event.

    Service Delivery

    11.  AV Media reserves the right to withdraw the services if the client or third party’s plans are altered or the operating environment changes to such an extent as to breach AV Medias policies regarding safe work practices for its employees or any applicable occupational health & safety standards


Delivery of any equipment, Technical or Decorative Items provided for by AV Media

12. All equipment and services will take place at the venue to the schedule location, date & time as indicated on the quote / order.

13. To the extent permitted by law, the client acknowledges that in requesting the services and entering into this agreement, the client is not reliant upon any representation, promise or undertaking when made by AV Media or on its behalf except as expressly made in writing in this agreement.

14. Unless expressly specified in the quote, AV Media services do not include recording or making any other permanent record of any part of the event for the client to retain.

15. All intellectual property created or produced by AV Media or AV Media’s suppliers on its behalf or in connection with the client’s event, including all systems, music, creative concepts, graphics, scripts and styling will remain AV Media’s exclusive property.

16. With client permission, the client agrees that without limiting AV Media’s rights, AV Media can use photographs and images it takes of the event at the venue and any other material AV Media creates or provides for its promotional purposes including as examples of its work and any brochure, newsletter, manual report, website or other media and such use may include the client’s corporate name or other intellectual property as it appears.  In the client’s material without liability or compensation to the client.

17. In relation to any equipment provided as part of the services, the client acknowledges that the equipment remains the property of AV Media at all times and that:

  • the client is fully responsible for any theft, loss or damage to all or any part of the equipment which the client or the client’s servants agents, contractors, invitees or users cause.

  • The client must reimburse AV Media within 7 days of written demand at AV Media’s election while the cost incurred by AV Media in repairing damaged equipment or replacement cost including all taxes or duties and additional expenses incurred by AV Media on the replacement of equipment that is lost, stolen or determined by AV Media to be irreparably damaged.

  • The client must not interfere with or take the equipment or allow the equipment to be outside the venue without AV media’s prior written consent.

  • The client must ensure that the equipment is available for collection during the pack down period specified in the quote.  If the equipment is not available, the client may incur additional charges.

 Risk and Responsibility

18. Yours and any third parties’ equipment or other property used or located at your event is your responsibility and at your risk.  You must retrieve any such property immediately on conclusion of your event and if you do not do so within fourteen (14) days of our written request, you irrevocably authorise us to destroy or dispose of all such property which we may hold in such manner as we determine in our absolute discretion.

19. Notwithstanding any other provision of these terms, and to the extent permitted at law, we will not have a liability for any failure, default or delay caused by you or anyone providing anything for you, or by reason of any matter outside our reasonable control including any strike, lock out, industrial dispute, act of terrorism, sabotage or any natural or other cause or act

20. To the extent we have any liability under any implied or statutory condition, warranty or guarantee which cannot be excluded, to the extent permitted by law we limit such liability at our option to:

In the case of goods supplied by us to:

  • replacement of the goods or the supply of equivalent goods;

  • repair of the goods;

  • payment of the cost of replacing the goods or acquiring equivalent goods; or

  • payment of the cost of having the goods repaired

In the case of services supplied by us to:

  • supplying of the services again; or

  • payment of the cost of having the services supplied again.

21. If you materially breach any term of this agreement then without prejudice to any other rights we may have, we may at our option immediately suspend provisions of the services and retrieve the equipment and all unpaid charges will be immediately due and payable.

22. You agree to indemnify us from all loss, cost, expense, damage and/or liability we suffer or incur arising in connection with your event or our provision of any of the services to the extent it is caused by the negligent, wilful or wrongful act or omission by you, or any of your servants, agents, contractors or invitees or by your breach of the agreement.


General

23. You warrant that you and the person(s) signing the agreement for you are entitled and authorized to enter into the agreement.

24. You must not assign or otherwise deal with any of your rights or obligations under the agreement.

25. You must pay Goods and Services Tax (GST) in respect to any supply we make as per stated on the quote.

26. The information provided by you to us may contain your personal information.  The purpose for which the Information is collected is to enable us to consider your Information, provide the services referred to in the quote and protect our interests in the equipment we provide and you consent to us collecting the Information 

27. This agreement is governed by, and must be construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

28. We may vary these terms from time to time, however we will not vary them after an agreement has been made and signed except as expressly permitted under these terms.