Terms Of Trade
NICHOLLS & CO WEDDINGS & EVENTS
Hire Terms and Conditions
These Terms and Conditions apply to the hire of equipment, furniture, décor and related items from Nicholls & Co Weddings & Events.
Payment of a deposit, invoice, or booking confirmation constitutes acceptance of these Terms and Conditions.
1. Quotes and Bookings
All quotes are valid for seven (7) days from the date issued unless otherwise stated.
Bookings are not confirmed until payment has been received.
Nicholls & Co reserves the right to amend pricing where necessary due to supplier cost changes, delivery requirements, or booking amendments. Clients will be notified where practicable.
The minimum booking value is $150.00.
For hire bookings over $200, a 50% deposit is required to confirm the booking. The remaining balance must be paid 30 days prior to the hire date.
For bookings under $200, or bookings made within 30 days of the hire date, full payment is required at the time of booking.
Nicholls & Co reserves the right to cancel any booking where payment has not been received by the required due date.
2. Cancellations and Date Changes
A cancellation includes:
• cancellation of the entire booking
• removal of items from a booking
• reduction of item quantities exceeding 10%
Cancellation Fees
• Cancellations made 90 days or less prior to the booking date incur a 50% cancellation fee.
• Cancellations made 30 days or less prior to the booking date incur a 100% cancellation fee.
These fees compensate Nicholls & Co for preparation costs and the loss of the opportunity to re-hire items during the reserved period.
Date Changes
Where a client requests to move their booking to a different date, Nicholls & Co will make reasonable efforts to accommodate the change subject to availability.
If items are available on the new date, the booking may be transferred without penalty.
If the items are unavailable for the new date, the cancellation policy will apply.
Payments may be held as credit for up to 12 months, subject to availability.
Nicholls & Co reserves the right to pass on any cancellation costs incurred from third-party suppliers.
3. Termination
Nicholls & Co may suspend or terminate the supply of equipment or services without liability where:
• the client breaches these Terms and Conditions
• payment obligations are not met
• the client becomes insolvent or bankrupt
• hire items are used in an unsafe or inappropriate manner
• the safety of people or property is at risk
Where termination occurs, all equipment must be returned immediately and any payments made are non-refundable.
The client agrees to indemnify Nicholls & Co against any loss, damage, cost or claim arising from breach of these Terms.
4. Health and Safety
The hirer is responsible for ensuring the safe use and supervision of all hire items during the hire period.
Hire items must only be used for their intended purpose and must be supervised by a responsible adult where required.
Any permits required for the use of equipment are the responsibility of the hirer unless otherwise agreed in writing.
Nicholls & Co accepts no liability for injuries or damages resulting from misuse of hire equipment.
5. Force Majeure
Nicholls & Co will not be liable for failure to perform obligations where such failure is caused by events beyond reasonable control including but not limited to:
• natural disasters
• severe weather
• government restrictions
• pandemics
• supplier failures
• transport disruptions
Where events are postponed due to such circumstances, Nicholls & Co will make reasonable efforts to transfer bookings to a new date subject to availability.
6. Wet Weather Cancellations (Residential Bookings)
For residential bookings affected by weather conditions, cancellations made within 48 hours of the hire date may still incur charges due to preparation, administration, cleaning and loading costs already incurred.
Refunds or postponements are at the discretion of Nicholls & Co.
7. Collections and Returns
Clients collecting and returning hire items must do so at the agreed times.
Late returns may incur a charge of $10 per 15 minutes outside the agreed time.
Changes to collection or return times must be requested at least 24 hours in advance and are subject to approval.
Hire periods may be extended where availability allows and must be agreed prior to the return time.
Failure to return hire items may result in replacement charges and further recovery action.
8. Care of Hire Items
All hire items must be returned in the same condition as supplied, excluding normal wear and tear.
Preparation requirements include:
Tables and Chairs
Must be wiped clean prior to return.
Glassware, Crockery, Cutlery and Serveware
Must be rinsed of food and beverage residue.
Linen and Fabrics
Must be returned dry. Linen returned wet may incur replacement or cleaning costs.
Drapery and Wall Silks
Must be returned dry and free from stains where possible.
Lighting and Electrical Items
Must be returned clean, dry and in working condition.
Fairy Lights and Curtain Lights
Must be rolled and secured as supplied. Items returned tangled may incur additional labour charges.
9. Loss and Breakages
The hirer is responsible for all hire items from the time of delivery or collection until they are returned to Nicholls & Co.
Any items that are lost, stolen or damaged will be charged at full replacement value.
Glassware breakages will be charged based on the replacement cost of the specific glass type.
Nicholls & Co reserves the right to determine replacement value based on supplier cost.
Additional charges may apply for:
• labour required for repair
• specialist cleaning
• transport costs
• administration
• insurance excess
Clients must notify Nicholls & Co immediately if damage occurs.
10. Additional Charges
Additional charges may apply where:
• generators are required
• weighted anchoring or safety equipment is required
• unusual installation conditions apply
• additional labour or setup time is required
Delivery and collection charges will be confirmed at the time of booking.
11. Payment and Invoices
The remaining balance must be paid no later than 30 days prior to the hire date.
Bookings made within 30 days of the hire date must be paid in full at the time of booking.
Late payments may incur additional fees.
Nicholls & Co reserves the right to refer unpaid invoices to a debt collection agency.
The client will be responsible for any legal or recovery costs incurred in recovering outstanding payments.
12. Photography
Nicholls & Co reserves the right to photograph event setups featuring its hire items for marketing and promotional purposes including website, social media and advertising.
Where professional photography is commissioned, Nicholls & Co appreciates the opportunity to access such imagery for promotional use.
13. Privacy
Nicholls & Co collects personal information including:
• name
• contact details
• billing information
• booking details
This information is used for:
• processing bookings
• issuing invoices and quotes
• coordinating deliveries and services
• sending occasional marketing communications
Personal information is handled in accordance with the Privacy Act 2020 (New Zealand).
Clients have the right to request access to or correction of their personal information.
14. Confidentiality
Nicholls & Co will treat all client information as confidential and will not disclose such information except where required:
• to fulfil contracted services
• by law
• with client consent
15. Weather and Outdoor Use
Where hire items are used outdoors, the hirer is responsible for protecting items from weather conditions including rain, wind, heat or moisture.
Nicholls & Co will not be responsible for damage caused by weather exposure once items are in the hirer's possession.
Damage caused by weather conditions during the hire period will be charged at the full repair or replacement cost.
16. Loss, Theft and Security
The hirer is responsible for the security of all hire items during the hire period.
If items are lost, stolen or not returned, the hirer will be responsible for the full replacement value including associated supplier and administration costs.
17. Installation and Third-Party Handling
Where hire items are handled, installed or dismantled by the client, venue staff or third-party suppliers, Nicholls & Co accepts no responsibility for damage, injury or loss resulting from incorrect installation or handling.
Any resulting damage will be charged to the hirer.
18. Limitation of Liability
To the maximum extent permitted by New Zealand law, Nicholls & Co will not be liable for any indirect, consequential or special loss or damage arising from the hire or use of equipment.
Nicholls & Co’s total liability for any claim relating to equipment or services supplied shall be limited to the total amount paid by the client for the hire items or services.
Nothing in these Terms excludes any rights available under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand legislation.
19. Linen and Fabric Damage
Linen items including tablecloths, napkins, runners, drapes and fabric décor must be returned free from excessive staining or damage.
Permanent stains including wax, oil, ink, makeup, fake tan, rust, mould or mildew may incur replacement charges.
20. Candle Wax and Open Flame Damage
Where candles are used, appropriate holders must be used to prevent wax damage.
Any wax damage to linen, décor or furniture will be charged at repair or replacement cost.
21. Outdoor Furniture Placement
Outdoor hire items must be placed on stable, level surfaces.
Damage caused by mud, moisture, unstable ground or improper placement may incur repair or replacement costs.
22. Acceptance of Hire Items
All hire items are supplied in good working condition.
Items must be inspected upon delivery or collection and Nicholls & Co must be notified immediately of any issues.
If no notification is received within 24 hours, items will be deemed accepted in good condition.
23. Styling and Setup Disclaimer
Where Nicholls & Co provides styling or setup services, reasonable care will be taken to ensure items are installed according to the agreed design plan.
Nicholls & Co is not responsible for items moved, adjusted or damaged by guests, vendors, venue staff or other third parties once setup is complete.
Any damage occurring during the event will remain the responsibility of the hirer.
Acceptance of Terms
By confirming a booking, paying a deposit or making payment against an invoice, the client acknowledges that they have read and agree to these Terms and Conditions.