This is a contract for the hire of furniture, accessories and art (“ the Goods”) together with a provision of labour to place and style these items at the Property collectively known as ‘Home staging’ Homebase agrees to hire the Goods to the Hirer with effect from the date of the contract (“ the Commencement Date”).
COMPLETION OF THIS AGREEMENT:
Homebase will begin to prepare and select furniture, accessories and art (“the Goods”) on acceptance of the quote; however Homebase will only hold these Goods for your Home staging for 48 hours unless this agreement has been signed, completed and returned to Homebase.
ACCESS & ACCESS ARRANGEMENTS:
The Hirer shall allow Homebase, or their agents, entry to the Property including keys, alarm codes and access details, to deliver, inspect, photograph and remove the Goods from the Property if a representative of the Hirer will not be present during these times.
GATE CODE: (Hirer to Complete)
ALARM CODE: (Hirer to Complete)
KEY /ACCESS ARRANGEMENTS: (Hirer to Complete)
DELIVERY, SET UP & COLLECTION:
The cost of Delivery and Collection of the Goods is included within the Initial Hire Fee, the Goods hired are what Homebase believes, in their professional opinion, to be the appropriate Goods for the situation, however, once Delivery has commenced if subsequent changes are required by the Hirer, then an additional charge will be payable. These changes include, but are not limited to, moving the Goods from one property to another, moving the Goods within the same address or the Hirer requiring changes or additions to the Goods installed.
COMMENCEMENT DATE:
As per invoice - Commencement date, and end of etc.
INITIAL HIRE FEE:
The Hirer will pay Homebase the Initial Hire Fee which must be paid in advance.
INITIAL HIRE PERIOD:
Hireage is for a minimum non-refundable period of One Month, from the Commencement Date. No refund of the Initial Hire Fee will be given should the Hirer cancel this agreement or request removal of the Goods during the Initial Hire Period.
EXTENSION OF HIRE PERIOD:
Should the Hirer wish to extend this agreement beyond the Initial Hire Period then One Weeks’ notice is required from the Hirer to Homebase requesting an extension.
If the Hirer has not made contact with Homebase one week prior to the End of Hire Period then Homebase will make a reasonable attempt to contact the Hirer to discuss collection of the Goods or an extension of the Hire Period.
If two working days, prior to the end of the Hire Period, the Hirer has not indicated whether they would like to extend the hire or have the Goods collected, then this agreement automatically renews for one week and the Hirer will be invoiced accordingly.
The minimum extension period is one week and part weeks will be charged at the weekly rate, which is a ¼ of the one month initial hire fee. All relevant terms and conditions of this agreement remain in place during any period of extended hire covered by subsequent additional invoice numbers.
PAYMENT OF HIRE FEES, INTEREST AND COLLECTION COSTS:
1.All initial Hire Fees are payable in full at least 48 hours in advance of the Commencement Date, Hire Fees associated with the extension of the Hire Period are payable in advance of the extended period. Homebase reserves the right to alter its Hire fees without notice, even after acceptance of the Hirer’s order, where such alteration arises from circumstances beyond the control of Homebase, such as:
a) a variation to the Goods which are to be supplied is requested; or
(b) a variation to the Services originally scheduled is requested; or
(c) before the commencement date, the Goods are not or cease to be available from any supplier
to Homebase, then Homebase reserves the right to provide alternate Goods and the Hirer agrees to pay the cost of the alternate goods.
2. Homebase reserves the right to charge interest on overdue accounts at the rate of 2.0% per month on the balance outstanding from the date payment was due until payment is received. The right to charge interest is in addition and without prejudice to the other rights of Homebase in respect of non or late payment.
3. Homebase further reserves the right to recover from the Hirer and/or Guarantor all costs and/or expenses incurred in instructing a solicitor or debt collection agency to recover any amount overdue for payment (including any amount owing on any order issued by the Disputes Tribunal or on any judgment unpaid) and such costs and expenses shall bear interest as provided for in (2) above until the date of payment.
CANCELLATION:
Cancellation of this Hire Agreement 5 working days prior to the Commencement Date will attract an Administration Fee equal to 10% of the total value of the Initial Hire Fee.
Cancellation of this Hire Agreement within 5 working days of the Commencement Date will attract an Administration Fee equal to 20% of the total value of the Initial Hire Fee.
Cancellation of this Hire Agreement on or after the Commencement Date will result in no refund.
INSURANCE:
All hired items (excluding any outdoor items) shall be covered by Homebase insurance at no additional charge while at the Property against loss or accidental damage.
The Hirer is required to notify Homebase of any loss or damage to the Goods within 24 hours of discovery.
Where the Hirer has done anything that affects or voids the insurance, and Homebase has suffered loss or damage, the Hirer is obligated to pay any liability resulting from this.
HIRER RESPONSIBILITY:
The Hirer agrees that the Goods are for display purposes only and cannot be used for any other purpose than that intended.
Hired items shall not be moved or relocated within the Property or removed by the Hirer from the Property without prior approval from Homebase.
The Hirer shall keep the Goods in good order.
In the event of loss or damage or soiling of the Goods in any way caused by the Hirer removing the Goods from the Property or using the goods for a use other than intended or neglect, the Hirer will be liable to pay Homebase the cost of the repairs or the value of the said items, as assessed by Homebase, whichever is the lesser amount and shall not exceed the retail price of the said items at the Commencement Date of the Initial Hire Period.
In addition if the Goods are lost or damaged or soiled by the Hirer, the Hirer shall pay hire charges equal to the Initial Hire Fee rate, until restitution is made.
Placement of cups, vases, or additional items by the Hirer, which may cause damage to any surface of the Goods, is not permitted.
The Goods shall remain the property of Homebase and the Hirer shall not charge, sell, exchange, pledge or part possession with the items.
Should Homebase be required to store furniture on behalf of the Hirer, Homebase will not be liable for any loss, theft or damage or hold any insurance over the Hirers goods while it is in Homebase possession.
SUITABILITY:
No Warranty is given by Homebase as to the fitness of the Goods for any purpose and no liability arising from any unsuitability of such of the goods is accepted by Homebase
Homebase shall not be liable for any consequential loss or losses due to any failure of the Goods.
PACK UP & COLLECTION:
Homebase will not be liable for removing or making good any minor damage caused by the installation of the Goods that is reasonable in the circumstances. Minor damage includes, but is not limited to, holes left from nails, screws or picture hooks left from the removal of pictures, art or mirrors, any marks caused to floors created by the movement of furniture after placement by Homebase, or its Agents, and removing indentations from carpets where the Goods have been on display.
Privacy Act 1993:
The Hirer and the Guarantors authorise Homebase or it’s agent to:
(a) collect, retain and use any information about the Hirer and/or Guarantors, for the purpose of assessing the Hirers and/or the Guarantors creditworthiness or marketing products and services to the Hirer and/or Guarantors and
(b) disclose information about the Hirer and/or Guarantors, whether collected by Homebase or it’s agent from the Hirer and/or Guarantors directly or obtained by Homebase or it’s agent from any other source, to any other credit provider or credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection, or notifying a default by the Hirer and/or Guarantors no sooner than 30 working days after the Due Date for payment.
Force Majeure:
Homebase shall not be liable for any delay or failure to perform any obligation in whole or in part under these Terms of Trade or any loss or damage (including indirect or consequential loss or damage) if such delay or failure is due to Force Majeure (as that term is commonly understood). Nothing in this clause shall excuse payment of any amount owing as it becomes due under the Terms of Trade.
Limitation of Liability:
Homebase will in good faith consider any bona fide complaints regarding the Goods or Services which are raised by the Customer in writing within 5 working days from the time of the supply of the Goods or Services.
If the Hirer acquires the Goods or Services for the purposes of business, it agrees and acknowledges that it is not a “consumer” as defined by the Consumer Guarantees Act 1993 (“the Consumer Act”) and that the Goods supplied to it are for the purpose of business; and the Hirer further agrees that the guarantees and rights available to it under the Consumer Act including the right to consequential losses are expressly excluded pursuant to section 43(2) of the Consumer Act.
Homebase shall have no liability or responsibility for a lost sale however arising and any losses of profits, revenue, business opportunity, anticipated savings, wasted overheads and damage to goodwill, direct, indirect or consequential injury, loss or any damage whatsoever and howsoever arising.
General Terms
If Homebase fails to enforce any terms or exercise any rights under these Terms of Trade at any time, Homebase has not waived that right.
The Hirer may not assign or subcontract any of their rights or obligations under these Terms of Trade.
If any provision in these Terms of Trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
These Terms of Trade are governed by the laws of New Zealand. Any dispute is subject to the jurisdiction of the New Zealand courts.
At any time Homebase may assign or subcontract any of their rights, title, interest and obligations under these Terms of Trade.
