1.1 "Customer" shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods and services from Showcases Direct.
1.2 "Goods and Services" shall mean all goods, services and advice provided by Showcases Direct to the customer including delivery and installation and all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods and services by Showcases Direct to the customer.
1.3 "Price" shall mean the cost of the goods and services as agreed between Showcases Direct and the customer subject to Clause 4 of this contract.
2.1 Any instructions received by Showcases Direct from the customer for the supply of goods and services shall constitute a binding contract and acceptance of the terms and conditions contained herewith.
3. COLLECTION AND USE OF INFORMATION
3.1 The customer authorises Showcases Direct to collect, retain and use any information about the customer, for the purposes of assessing the customer's credit worthiness, enforcing any rights under this contract and services provided by Showcases Direct to any other party.
3.2 The customer authorises Showcases Direct to disclose any information obtained to any person for the purposes set out in Clause 3.1.
3.3 Where the customer is a natural person, the authorities under Clause 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally, the goods and services shall be deemed to be sold at the current amount as such goods and services are sold by Showcases Direct at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods and services that is beyond the control of Showcases Direct between the date of the contract and delivery of the goods and services.
4.3 All prices are subject to GST where applicable.
5.1 HIRE orders must be paid for IN FULL prior to the hire commencement
date, including hireage fee, GST and bond.
5.2 Any expenses, disbursements and legal costs incurred by Showcases Direct in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable Solicitor's fees or debt collection agency fees.
5.3 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until
payment has been cleared in full.
6. CONDITIONS OF HIRE
6.1 All Reservations/Contracts are subject to the "Conditions of Hire" whether or not the reservation or confirmation documents are signed by the customer.
6.2 Showcases Direct reserves the right to vary the goods being
supplied, whether it be in specifications or in appearance, where
circumstances beyond our control necessitate this.
7.1 Where a quotation is given by Showcases Direct for goods and services:
7.1.1 The quotation shall be valid for thirty (30) days from the date of issue, and
7.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
7.2 Where goods and services are required in addition to the quotation, the customer agrees to pay for the additional cost of such good and services.
7.3 A bond as set by Showcases Direct shall apply to all hires,
and is payable before delivery. The bond shall be returned at the
end of the hire subject to inspection of the goods. The cost of
any damage to the goods shall be deducted from the bond held, and
will be valued at the sole discretion of Showcases Direct.
7.4 The issuing of a quotation does not imply the granting of
credit, unless specifically stated.
8.1 The customer authorises Showcases Direct to contract either as principal or Agent for the provision of goods and services that are the matter of this contract.
8.2 Where Showcases Direct enters into a contract of the type referred to in Clause 8.1, it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract.
9.1 No claim relating to goods and services will be considered unless made within seven (7) days of completion of the goods and services.
10.1 The Consumer Guarantees Act 1993, the Commerce Act 1996, the Fair Trading Act 1987 and other statues may imply warranties or conditions or impose obligations upon Showcases Direct which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Showcases Direct, Showcases Direct liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statue.
10.2 Except as otherwise provided by Clause 10.1, Showcases Direct shall not be liable for:
10.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the customer or another person, and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from goods and services provided by Showcases Direct to the customer, and
10.2.2 The customer shall indemnify Showcases Direct against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Showcases Direct or otherwise, brought by any person in connection with any matter, act, omission, or error by Showcases Direct, its Agents or employees in connection with the goods and services.
11. CONSUMER GUARANTEES ACT
11.1 The guarantee contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods and services from Showcases Direct for the purposes of a business in terms of Section 2 and 43 of that Act.
12. CANCELLATION FEE
12.1 A Late Fee of 25% of total hire will apply for all LATE HIRE ORDERS and to be paid by the customer.
12.2 In the event of cancellation by the customer up to 5 days prior to any hire of equipment or exhibition build, Showcases Direct retains the right to charge a cancellation fee equivalent to 50% of the value of the contract as set against the non-discounted price.
13.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of Showcases Direct.
13.2 Showcases Direct shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
13.3 Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.