AV Northland Ltd Trading as The Music Workshop – TERMS & CONDITIONS
Terms & Conditions – Bookings, Payment & Deposits:
These Terms & Conditions cover the procedures for the hire of event equipment and services from AV Northland Ltd Trading as The Music Workshop. The person or organization that hires the equipment from us is referred to as you, the Client, or the lessee. AV Northland Ltd Trading as The Music Workshop is referred to as we, us, the lessor or AV Northland Ltd Trading as The Music Workshop. We reserve the right to adjust the terms and conditions without notice and will post the most recent version here on the website.
To confirm a booking, you must make a minimum 50% deposit into our bank account. Please use the quote or invoice number as reference and send us an email confirmation that you have paid us.
Please also note that equipment is not officially booked until at least 50% deposit payment is received. We reserve the right to hire it out to someone else if deposit has not been received.
AV Northland Ltd Trading as The Music Workshop works on a strict payment in advance policy for equipment hire or service. Full payment is required 3 days prior to a delivery, as we need to prepare in advance for your setup. Failure to make full payment by event start time will result in either the delay of delivery until full payment is made or cancellation of the booking at our discretion. We recommend that final payment be made the week prior to the event to ensure the bank clears the payment well in advance of required delivery. AV Northland Ltd Trading as The Music Workshop reserves the right to delay or withhold delivery until full payment is made. If we do not receive full payment on the day of required delivery, we reserve the right to cancel the booking and if this happens, then deposit is retained and is nonrefundable.
Established Clients with a history of transactions with us (that is we have been working together more than a year and on more than five events a year) may apply for an exemption to the payment in advance rule. To do so you must have an established purchase order system (for example if you are a school or a council institute). With established clients who apply for this rule exemption, we can work on your billing cycle whether it is within 7 days of invoice or 20th of the Month.
For dry hire pickups or unattended hires, please bring your driver license or passport and your credit card. We will keep these details on file until all the equipment has been returned to us in original condition.
We no longer accept cheques due to cheques being unreliable as a payment medium.
The Company reserves the right to charge interest up to 10% per month on overdue accounts. Should payment in full not be paid within 60 days, legal action will be taken to recover the debt owing without further notice & all credit facilities will be closed. Any expenses, costs or disbursements incurred by the Company in recovering any outstanding Monies including dishonoured cheques, the Customer shall pay debt collection agency fees and solicitor’s costs. In order to retake possession of the equipment, it shall be lawful for the Company to enter into or upon any premises where the same may be and the Customer hereby agrees to indemnify and to keep indemnified the Company against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Company arising from the Company’s entry into or upon any premises in exercise of its rights of repossession.
Terms & Conditions – Cancellations (UNDER $300):
When you “dry hire” items (i.e. you are picking up from us or coming to our premises for a service), you can cancel up to the day before the pickup or service, and a full refund will be given if a deposit was paid. No-shows or cancellation on the day forfeits deposit.
For delivered items and services;
Cancellation up to 72 hours before we arrive on site to set up, no charge and full refund of deposit offered
if cancelling between 24 and 72 hours before delivery then 50% of charge will be kept (i.e. deposit is retained).
Cancellation within 24 hours of delivery incurs 100% charge.
Terms & Conditions – Cancellations (OVER $300):
During our off-peak season (May to Sep Event/Hire) Cancellations within 1 month of delivery will result in loss of deposit. Cancellations made prior to this; we will refund the 50% deposit in full.
During our peak season (October to April Event/Hire) Cancellations within 2 months of delivery will result in loss of deposit. Cancellations made prior to this; we will refund the deposit in full.
For Cancellations made within 1 weeks of an event the following fees will apply (including 50% deposit), in order for us to recover preparation and pre-production costs.
Cancellation within 72 hours to 1 week of event before set up: 70% of the total is due.
Cancelling between 48 and 72 hours of the event before set up: 80% of the total is due.
Cancellation in less than 48 hours of event before set up: 100% of the total is due.
if we have begun setup, then 100% of total is due.
Terms & Conditions – Postponements:
To reschedule an event sufficient notice must be given. Sufficient notice is at least 1-week notice. With sufficient notice you may be entitled to use 50% of your deposit towards a timely rescheduled event at our discretion. Any rescheduled event is subject to availability at the time of notification of postponement. If there is a postponement of the event due to some unforeseen circumstances such as rain we will do our best to provide you with the hire on your new date, however we reserve the right to decline service if we are unable to make the new date. Deposit and payment will transfer to the new date if we can make the new date, however our terms will remain as per cancellation policies above if we are unable to make the new date. It is therefore best practice to organize a rain date with us in advance if you plan to have one.
Terms & Conditions – Loss or Damage:
Whilst equipment is in the possession of the lessee, the lessee is expected to take all reasonable care and precaution with the equipment. Loss or damage of any hired equipment whilst in the care of the lessee will result in incurring further charges as outlined below:
In the event of loss, damage or theft, the lessee, at the discretion of AV Northland Ltd Trading as The Music Workshop shall:
1. a) at the lessee’s expense repair the equipment to our satisfaction,
2. b) at the lessee’s expense replace the equipment with similar or like, or
3. c) make full payment to recover costs of replacement.
We reserve the right to keep the details of your credit card and driver license is as a security on your hire. We will discard of these details once the equipment has been returned to us in original condition.
Terms & Conditions – Insurance:
AV Northland Ltd Trading as The Music Workshop does not offer insurance cover for hired equipment. Any loss, theft or damage is the full responsibility of the lessee. AV Northland Ltd Trading as The Music Workshop does not provide any insurance cover for you or for your event. You are responsible for maintaining your own insurances for your event including but not limited to public liability and property damage insurance. Please check your contents insurance policy as you may already be covered for equipment that is on your premises, otherwise you should organise temporary cover for the duration you are in possession of our equipment. You may want to ask the venue owner if hired equipment is insured under their contents policy. If cover is not possible, not available or too expensive then you must take full responsibility as the lessee for any loss, theft or damage incurred. Make sure you follow set-up and operating instructions, employ security, keep the public away from the equipment and hire experienced tech support to operate the equipment.
Terms & Conditions – Noise Control:
If a member of the public complains about the sound levels at your event, you will likely get a visit from Noise Control who will ask you to turn it down. If you are served with an ‘Excessive Noise Notice’, please comply. Noise Control will come back, shut you down and take the gear away, if you do not comply. They may also bring the Police with them. When they do take the gear away there is a Infringement notice to be issued under Resource Management Act (RMA 1991)* $750.00* Return of confiscated equipment (seizure of any property) $145.00 plus our time at $60 an hour to retrieve it from the Police. Hire charges continue until the equipment is returned to our warehouse. For more information please visit:- https://www.fndc.govt.nz/services/monitoring-and-enforcement/noise/seized-stereo-or-equipment
Terms & Conditions – Indemnification Clause:
AV Northland Ltd Trading as The Music Workshop carries Public Liability insurance limited to our services and equipment when we are operating it.
The lessee understands that use of our equipment may involve inherently dangerous activities. Consequently, the lessee agrees to indemnify and hold the lessor (AV Northland Ltd Trading as The Music Workshop) harmless from all claims, actions, suits, proceeding costs, expenses, damages and liabilities including reasonable attorney’s fees arising due to damage to property or injury or death to persons, regarding or resulting from the use of said equipment including, but not limited to the delivery, possession, use, operation, or return of the equipment. The lessee hereby releases and holds harmless the lessor from injuries or damages incurred due to the use of said equipment unless lessor is operating the equipment and is deemed by a court of law to be negligent in its actions. Lessor cannot under any circumstances be held liable for injuries due to accidents, nature or other conditions beyond our control or knowledge. Lessee also agrees to indemnify and hold harmless lessor from any loss, damage, theft or destruction of the equipment during the period of hire and any extension thereof.
Terms & Conditions – Late Returns & Penalties:
Any equipment returned after the agreed period of rental will incur further hire charges at the 50% of the per day rate for each additional day it is overdue, OR at a rate of 3x day rate hire per additional week it is overdue.
Terms & Conditions – Revision:
We may at any time revise these terms and conditions without notice by posting changes on the website.
We collect personal information from you, including information about your:
interactions with us
billing or purchase information
We collect your personal information to:
Carry out tasks directly related to our business
Providing some information is optional. If you choose not to provide your contact information, we’ll be unable to hire any items to you.
We keep your information safe by storing it in location only accessible by password and only allowing AV Northland Ltd Trading as The Music Workshop representatives to access it. However please note that no connection through the Internet and data storage facilities are entirely immune from unauthorized hacking and access.
Your personal information will be kept secure and private as detailed above. It may need to be processed by other people or third-party purposes. We will only share such information for the following purposes.
Working for AV Northland Ltd Trading as The Music Workshop:
We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of AV Northland Ltd Trading as The Music Workshop or our employees or contractors; or (d) protect AV Northland Ltd Trading as The Music Workshop’s property rights.
If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal in the form of a client database.
You may ask us to delete your personal information, however Please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may need to retain this information if necessary to comply with our legal obligations (e.g. we must keep all our business records for 7 years for the IRD), resolve disputes, or enforce our agreements.