Terms and Conditions
Terms and Conditions
Terms and Conditions (t&c’s) are the only basis upon which Equipment will be hired to you by Mini Me Rentals. By requesting to hire Equipment and/or by placing an order with us, you agree to accept and comply with these t&c’s. Any t&c’s not contained below or which are inconsistent with these t&c’s (other than those implied by statute) will not be binding on us. No t&c’s of hire issued by you shall apply unless agreed by us in writing. We reserve the right to change these Terms without notice. Any amended t&c’s will be placed on our website (www.minimerentals.co.nz) and will specify the date from which they are to apply. All transactions are to be processed in New Zealand dollars.
1. Definitions In these Terms unless the context otherwise requires: a) CGA = the Consumer Guarantees Act 1993 and any amendment, re-enactment or replacement of it. b) You or your = person (or persons) hiring equipment and/or receiving equipment from us and where that person (or persons) does so on behalf of another entity, includes such entity and any person claiming under or authorised by you. c) Bond = in relation to the hire of Equipment the monies payable to and to be held by us as security pursuant to these t&c’s for performance of your obligations under these Terms. d) Quote = quote relating to the hiring of the Equipment provided by us to you in email form. e) GST = Goods and Services Tax as defined in and a reference to the Goods and Services Tax Act 1985. f) Hire Commencement Date = commencement of the hiring as stated in the Quote or date of delivery equipment to you. g) Equipment = all goods and items supplied in any way (including but not limited to sale or hire) by us to you (and shall include any incidental supply of services). h) Minimum Hire Period = period stated on the Quote which shall be calculated from the Hire Commencement Date. i) Price = price stated on our Quote, or if higher at the date of delivery of the Equipment, the then current price of the Equipment as shown on our Website. j) PPSA = Personal Property Securities Act 1999 and any amendment or replacement of it. k) Hire Fee = fee stated on our Quote or website. l) Return Date = return date stated on the Quote, the date you return the Equipment to us in accordance with these Terms. m) Website = www.minimerentals.co.nz |
2. Gear/Equipment a) The Equipment is described in our Quote as provided by us to you. b) In the case of second hand Equipment you acknowledge that you have had full opportunity to inspect the same and that you accept the same with all faults and that no warranty is given by us as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded to the extent legally possible to do so. We shall not be responsible for any loss or damage to the Equipment, or caused by the Equipment, or any part thereof however arising. c) We cannot guarantee that the Equipment listed on our website will be available at all times, but we will do our best to source the Equipment or an alternative solution. d) We recommend you take dated stamped photographs of your hire items at the beginning of the hire period. If you have any concerns regarding your hire equipment, you must contact us at the beginning of the hire period. e) Mini Me Rentals does not accept liability for any damage to accommodation as a result of customer’s use of our hire equipment. |
3. Price and Payment a) Date for payment of the cost or fee will be stated on the quote. b) On return of the Equipment on the Return Date in good order and condition, you will be refunded the bond payment (processed on the next Tuesday) by the same method it was initially paid for i.e. Direct Credit/Stripe refund for Credit Card transactions. In the event that the Equipment is not returned in good order and condition or returned after the Return Date, we are entitled to retain the bond and apply it to the cost of replacing the Equipment, cleaning or repairing the Equipment so that it is in good order and condition or compensating us for the lost fee due to the late return of the Equipment. Should the bond not be enough to cover such costs you shall be liable for and indemnify us for the difference which shall be immediately payable on demand. c) Payment will be made by direct credit/cash or such other method agreed between you and us. d) Cleaning fees will be assessed and charged if you return Equipment that we deem (at our sole discretion) to be excessively dirty. |
4. Hire Period Equipment may be hired for:
a) Your liability to us for payment of the Fees commences on the Hire Commencement Date and continues until the Return Date or if later the date of return of the Equipment to our premises in the state and condition as required under these t&c’s. b) Once you have collected the equipment, if you cancel the hire of any Equipment at any stage prior to the Return Hire Date, then there will be no refund of the Fee. c) You must pay the full amount of the Fee and Bond at least three days prior to hireage of the Equipment, payment must be cleared in our bank account. |
5. Pandemic Cancellation Policy A full refund will be given less 3% admin fee if changes in alert levels mean you cannot travel to Queenstown. Our normal cancellation policy applies if you cannot travel due to your vaccination status. Our normal cancellation policy applies if you are sick or required to isolate. It is your responsibility to contact us to either cancel or reschedule your booking. Our normal cancellation policy applies if you do not contact us until after your booking has commenced or finished. |
6. Client’s Responsibilities (a) use the Equipment properly with all due care and for the purpose for which it is designed and in accordance with the manufacturer’s instructions. (b) keep the Equipment in your possession and under your control and not part with possession of all or any part of the Equipment nor assign the benefit of all or any part of these Terms nor create any lien over the Equipment nor encumber the Equipment in any way. You accept full responsibility for the safekeeping of the Equipment and will indemnify us for all loss and expense arising from theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of you. (c) not alter or make any additions to the Equipment in any way including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfering with the Equipment. (d) return the Equipment to us on the Return Date or upon earlier termination of hire in the same state of repair and condition as it was at the Hire Commencement Date (fair wear and tear accepted) and any damage will be repaired or replaced as necessary at the expense of you together with any loss of rental we may suffer by reason of the Equipment being unavailable for rental from the Return Date during the period of repair. |
7. Our Right to Terminate Without prejudice to any other remedies available to us and notwithstanding any period of hire specified in the Quote or otherwise we may terminate the hiring of any Equipment if we reasonably believe the Equipment is in imminent danger of damage or destruction. |
8. Delivery and Passing of Risk a) Delivery of the Equipment may be made by us to your address set out in the Quote or such other address subsequently advised by you to us. You shall make all arrangements necessary to take delivery of the Equipment whenever they are tendered for delivery and we shall be entitled at any time before delivery to elect (by notice in writing to you) to deliver the Equipment to you at our address. b) The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price or Fee. The carrier shall be deemed to be your agent. c) If we deliver the Equipment to you we shall be entitled to charge for the reasonable costs of our travel. Those costs shall be stipulated on the Quote. d) The failure of us to deliver any Equipment shall not entitle either party to treat these Terms as repudiated. e) All risk in or relating to the Equipment passes to you on delivery from which time all losses and costs (including but not limited to freight and insurance) are to be borne by you to the exclusion of us. f) Mini Me Rentals cannot guarantee a drop/collection time, however we will try our utmost to have the equipment to you as soon as possible. No deliveries or pick ups on Christmas Day, Boxing Day, New Year's Day & 2nd January. No deliveries/collections before 9 am or after 5 pm. Late afternoon and delivery requests within 24 hours will be at our discretion. A minimum hire charge of $60 applies for all deliveries and collections. The Delivery and Collection fee is in addition to the minimum hire charge. Mini Me Rentals only deliver & collect within the discussed areas. Mini Me Rentals do not deliver or collect from other places in New Zealand. If a hire item is left in a rental vehicle and returned at a location outside the stipulated areas, it will be considered lost and the full replacement cost will be charged. |
9. Defective Equipment a) On delivery, if any Equipment is materially defective, you must give written notice (email) of the material defect to us at your earliest convenience of delivery, whereupon we may at our option to: (a) replace the defective Equipment. b) refund you the Price or Fee paid for the Equipment which is defective, but we will have no further liability to you in respect thereof and you may not reject the Equipment if notice is not given by you as detailed in this clause. c) notify the manufacturer of the Equipment of the defect and request the manufacturer to repair or replace any defective Equipment; or d) replace it free of charge or refund or credit to you the Price or Fee paid of such defective Equipment; and except to this extent, we will have no further liability to you. We will be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, failure to follow our instructions (whether oral or in writing), misuse or alteration of the Equipment without our approval, or any other act or omission on the part of you any third party. You must ensure that (except to the extent of the instructions as to the use of the Equipment contained in the packaging or labelling of the Equipment) any use of the Equipment is in accordance with directions given by us (whether oral or in writing) and you must indemnify us against any liability, loss or damage which we suffer as a result of any failure of you to comply with this requirement. |
10. Equipment Damage a) You must notify us immediately of a theft, or where loss and/or damage has occurred. We may elect that the Equipment be immediately returned to us at your cost. |
11. Sellers Liability a) You acknowledge that we have no liability to you for any direct or indirect or consequential loss or damage or for any loss of profit (or any other form of economic loss) arising in connection with these Terms (whether in contract or in tort) including that resulting from the negligence of us, the use by you of the Equipment, or arising by operation of law. Without limiting the foregoing, we are not liable for any indirect or consequential loss or damage including any loss of profit or other loss suffered by you, or liability incurred by you, as a result of the breakdown of any hired Equipment, however caused. b) Subject to the exclusion of liability in clause (a) above, the maximum aggregate liability of us for all claims made by you, whether as a result of any breach of these Terms or on any other ground or terms whatsoever (including liability as a result of tort, including negligence) will not exceed: (i) In the case of any Equipment hired, the lesser of the hire charges paid by you to us pursuant to these Terms and three months’ hire charges paid by you to us pursuant to these Terms. c) You will indemnify us against any liability, losses, damages or expenses incurred or suffered by us as a result of any claim made by a third person against you in respect of any loss or liability arising from these Terms or arising out of the use of the Equipment hired or purchased by you. d) Nothing in these Terms affects your rights under the CGA. If you are purchasing or hiring the Equipment for the purposes of a business, the provisions of the CGA do not apply. e) If you are purchasing Equipment, then except as prohibited by law, all guarantees in respect of the Equipment, whether express or implied, are excluded. f) We make no warranty or representations as to the state, quality or fitness of the Equipment for any purpose and no such warranty shall be implied. For the avoidance of doubt, no warranty shall be implied by the description of the Equipment on the Quote or our website or by the provision of information relating to the proper operation and maintenance of the Equipment. |
12. Privacy Act You authorise us to: a) collect, retain and use any information about you, for the purpose of assessing your creditworthiness. b) You shall have the right upon written request to receive from us a copy of the information about you retained by us and to have us correct any incorrect information about you held by us. |