Terms of service.
THIS IS YOUR AGREEMENT WITH LOUISIANA LUCY LTD, trading as Lucy’s.
WHEN PLACING AN ORDER WITH Lucy’s, YOU ACCEPT THIS AGREEMENT IS BINDING AND YOU AGREE TO ALL TERMS CONTAINED WITHIN.
PLACING AN ORDER
When a Client places an order with Lucy’s, they will receive confirmation that the items as ordered are available for the specified date and period of time. The Client agrees to pay a non-refundable deposit of up to 35% of the total order amount within seven days of the order being placed (“the Deposit”). If payment of the Deposit is not made within this timeframe, the order will not be confirmed and the items may be allocated to another client.
If for any reason items within the order become unavailable following an order being placed and after the Deposit has been paid, Lucy’s. will notify the Client as soon as possible to offer replacement items or to confirm a reduction in the final amount to be invoiced to the Client.
The Client is able to make any changes to the order prior to the Deposit being paid. Once the Deposit has been paid the Client will be able to make changes to or cancel the order in accordance with the Cancellation Policy found below.
Hireage of items from Lucy’s begins from the time of delivery of hire goods and ends on at the time the items are returned to the Lucy’s premises. During this time, the Client is responsible for all hired items and accepts liability for any theft or damage that may occur, including as a result of unreasonable use, transportation when outside of an Lucy’s vehicle, weather conditions, wilful damage, negligence, or any unforeseen circumstances.
The date the Client advises shall be the day upon which the items are returned shall in all cases be treated as a full day’s hire. For the avoidance of doubt, if items are collected one day and returned the following day, this would be considered two full day’s hire. If any Lucy’s items are used outside of the given event date, a 1/2 days hire will be charged.
There will be no allowance made whatsoever for time during which the items are not in use for any reason, unless prior arrangements have been negotiated and are in writing.
In the event of any defect of, or damage to, the items as hired (and provided the Client notifies Lucy’s immediately, not at time of return), the charges relating to those defective/damaged items will not be payable for the time the items are not usable, unless the defects or damage is due to events that occurred following collection of the items, including but not limited to negligence or misuse on the part of or attributable to the Client, their representatives, guests or agents.
All deposits are final and will not be refunded. This also applies to all sub-hired goods, ordered through Lucy’s.
YOUR RESPONSIBILITY AS THE CLIENT.
The Client shall:
satisfy itself at commencement that the items are suitable for their purposes. Any defect or damage will be noted and signed before the items leave the Lucy’s premises and any defects or damage that occurs during the hire period will be advised to Lucy’s at the time of return.
at all times, keep the items within their control, not assign the benefit of this Agreement nor be entitled to lien over the items, and shall not take the items to any location or venue other than as advised to Lucy’s in writing.
not fix any of the items in such a manner as to make it legally a fixture forming part of any freehold property.
ensure that all persons assembling or disassembling the items are suitably instructed and skilled to do so, and are following all reasonable health and safety measures.
only use the items in suitable weather conditions, where there are no heavy winds or other weather warnings. Lucy’s reserves the right to cancel an order in extreme weather conditions where it is deemed unsafe for the items to be used.
be fully responsible for ensuring that the ground on which the items will be assembled or placed is level, stable, dry, clear of sharp or damaging objects, will not cause any damage to the items, and is not prone to flooding.
ensure that the items are a safe distance from other obstructions (such as trees, buildings, structures), which may damage the items or the waterproofing of the items by contact and/or rubbing.
use the items properly, safely, and as intended, including using all ground sheets, guy ropes, poles, zips and any other safety structures and equipment.
maintain and return the items dry, clean, empty (where applicable), and in the same state as when received by the Client. This includes that NO furniture is suitable to be left outside overnight, and a fee will be charged for any damage from leaving out overnight.
In the event any items are lost, stolen, not returned, damaged, or unclean in any way, then cleaning, repair and/or replacement charges may apply in the amount that L.L. reasonably determines. These are to be paid immediately when invoiced.
ensure the items remain free from unauthorised access, use or other interference by any third party or otherwise.
ensure that the items will only be used by the number of occupants/users disclosed in writing to and accepted by Lucy’s.
not alter or make any additions to the items including but without limitation altering, making any additions to, defacing or erasing any identifying mark, plate or number on or in the items or in any other manner interfere with the items.
not exceed the recommended or legal load and capacity limits of the items.
not use or carry any illegal, prohibited or dangerous substance in, on or near the items.
not use naked flames, gas fires, gas appliances, heaters, braziers, incandescent light bulbs, candles or other hot things in or around the items. Lucy’s recommends use only of LED lighting in, on or near the items.
not use cooking or other gas appliances of any kind inside or around the items.
not use aerosols and chemicals, including hairspray and insect repellent, inside or near the items. These substances may damage the items’ waterproofing.
agree that, if necessary, they will clean any items belonging to Lucy’s only with a soft damp cloth or as otherwise directed by Lucy’s. The Client further agrees, and will also agree to advise its representatives, guests and agents, to never use soap, detergents, chemicals, abrasives or rough brushes or fabrics to clean the items, as these will damage the waterproof coating.
notify Lucy’s immediately by telephone of the full circumstances of any mechanical breakdown, failure or accident. The Client is not absolved from the requirements to safeguard the items upon giving such notification.
identify and hold harmless Lucy’s in respect of all claims arising out of the Client’s use of the items.
indemnify Lucy’s of any responsibility or liability for any accident, incident or damage of persons or property while items are in use by the Client and outside of the Lucy’s premises. Lucy’s carries no liability cover by insurance while items are outside of Lucy’s premises and not in the possession of Lucy’s.
Insurance is the responsibility and liability of the Client and all necessary insurances should be taken out prior to collection of the items and for the duration of the hire period.
Immediately on request by Lucy’s the Client agrees to pay:
the new list price of any items that are for whatever reason destroyed, written off or not returned to Lucy’s
all costs incurred in cleaning the items if returned in an unsatisfactory condition determined by Lucy’s
all costs of repairing any damage caused by the ordinary use of the items up to an amount equal to ten per cent (10%) of the new list price of the items.
the cost of repairing any damage to the items caused by the negligence of the Client or the Client’s representatives, guests or agents.
the cost of repairing any damage to the items caused by vandalism, or (in Lucy’s reasonable opinion) in any way whatsoever other than by the ordinary use of the ítems by the Client, its representatives, guests or agents.
any lost hire fees Lucy’s would have otherwise been entitled to for the items, under this Agreement, or any other hire agreement.
ASSEMBLY AND/OR DISASSEMBLY BY Lucy’s
These terms and conditions shall be applicable where Lucy’s assembles and/or disassembles the items:
The Client will be responsible for:
ensuring that there is adequate access, time and space for set-up, delivery, pack- up, pick-up and that the designated area is safe and free of obstructions or hazards; and that the ground is flat and level when a marquee or similar structure is being used.
ensuring that the appropriate permissions to use the site, and install and remove the items, are granted, and informing any site owner or council of the potential property disturbance which may arise from the items or the setup thereof;
locating, marking and protecting any underground utilities, other surfaces and objects.
Lucy’s will under no circumstances be held liable for damage to items left in, or around, the items.
In the event of any delays due to free access being unavailable, the Client shall reimburse Lucy’s. for all associated costs (including, but not limited to, lost hire fees and labour costs, which will be charged at reasonable, or at Lucy’s prevailing, rates.
The risk of security and all weather related risk remains with the Client until the items are actually disassembled by Lucy’s
The New Zealand Building Code (NZBC) requires each marquee, or each group of marquees, to obtain a building consent for the relevant local authority, eg Thames Coromandel District Council (TCDC), if it is over if it over 100m2 in size on public or private property.
It is always the responsibility of the land owner to obtain building consents and to ensure that the marquee complies with all temporary building and fire safety requirements under the NZBC. If the land owner is not the Client, then it is the hirer’s responsibility to obtain consent. If requested, Lucy’s will arrange for these consents on your behalf – please consult us for consent fees. Lucy’s strongly recommends you understand and comply with all required laws and regulations relating to marquees, fire safety and functions and events. When hiring Lucy’s equipment you will be deemed to have complied with such rules and regulations, even if we erect marquee(s) or other equipment on your behalf.
The “person in charge” (as advised by the Client) of a function or event is responsible for ensuring the marquee remains code-compliant at all times. This includes ensuring all required safety equipment is present and that exit routes from the marquee are not obstructed.
The “person in charge” of a function or event is also responsible for ensuring the safe and legal use of all dangerous or hazardous goods. This includes the use of diesel, kerosene and LPG for heating and cooking appliances.
Sample Marquee Evacuation & Fire Safety Procedure
Before entering a marquee, please be aware of the exit locations in case of an emergency.
Ensure all exits are accessible to all occupants and are clearly marked.
Never block a fire exit.
The event organiser is required to ensure all building and fire safety requirements are complied with at all times. If you are unsure of these requirements please consult the Lucy’s team before occupants enter the marquee
Lucy’s can and will not be held responsible if safety procedures are not adequately implemented by occupants of our marquees.
The event organiser is responsible for adhering to all council codes and safety procedures.
Lucy’s takes no responsibility once we have left the event site.
IF YOU DISCOVER A FIRE Warn other building occupants. Your designated Fire Marshall will alert guests of fire and dial [111] from a safe phone - ask for fire.
Firefighting equipment is located in the Lucy’s health & Safety box at the front left corner of marquee.
WHEN WARNED OF A FIRE IN THE BUILDING Both smoke alarms and your designated Fire Marshall will alert you of a fire.
You must leave the building immediately using the nearest exit.
Exists are located at the back and front right side of the marquee and have illuminated exit signs.
CANCELLATION POLICY
The Client can cancel their order at any time but the Deposit is non-refundable. Orders (including inventory numbers) may be changed up until 90 days before the commencement of the hire period. The client may only update or change the order numbers or items by 25% of the total amount. If inventory numbers are reduced within 90 days of the commencement date, there will be no reduction of costs for the order and the total quoted amount will be payable. For the avoidance of doubt, the full cost of original order will still be invoiced to you and required for payment.
An admin fee for time, admin and loss of business will also be charged at Lucy’s discretion with all cancellations.
If the entire order is cancelled less than 90 days before the event for any reason, 100% of the total quoted amount will be required for payment.
If your wedding or event is cancelled for any reason, and your invoice has been paid in full, it is final and non-refundable.
In the event of a natural disaster or pandemic;
All clients have the opportunity to rebook their event with Lucy’s at no fee within 18 months of the original event date only in the case of a level change by the NZ Government that enforces a limit to less than 100 to weddings or events. Retaining their invoice as a credit for this date. No other reason is classed as a restriction forcing Lucy’s to not deliver our services.
The rebooking date must be agreed to by Lucy’s based on existing availability and where possible, not in peak season. The rebooking will incur any increases in pricing on both inventory and delivery costs.
Lucy’s will also allow a reduction of up to 35% in inventory numbers if required by Government-imposed restrictions at the RED alert level ONLY.
If the client chooses to postpone for any other reason other than a government level restriction that prevents Lucy’s delivering the event, less than 3 months from the booking date, the 25% deposit will not be transferred to a new date and will be considered a cancellation.
A postponement outside of government restrictions, more than 3 months from the event date, is at Lucy’s discretion, will involve a $250.00 postponement fee and a date must be within 9 months of the original date.
Lucy’s shall be entitled to cancel the Agreement if:
Lucy’s reasonably believes that a third party may attempt to take possession of the items;
the items or the safety of any persons are at risk.
TITLE
The items are and will at all times remain the absolute property of Lucy’s, however the Client accepts full responsibility for:
the safekeeping of the items and indemnifies Lucy’s for all loss, theft, or damage to the items 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 the Client; and
shall keep Lucy’s indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the items and whether or not arising from any negligence, failure or omission of the Client or any other persons.
Furthermore, the Client will insure Lucy’s interest in the items against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of use of the items. Further the Client will not use the items, nor permit it to be used, in such a manner as would permit an insurer to decline any claim.
If the Client fails to return any items to Lucy’s then the Client agrees that Lucy’s. may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the items are situated and take possession of the items, without being responsible for any damage thereby caused.
Personal Property Securities Act 1999 (“PPSA”)
Nothing in this Agreement creates or provides for a security interest in the items or any other property of Lucy’s
PRIVACY ACT
Lucy’s takes every individual’s right to privacy seriously. Where the Privacy Act 2020 applies, the Client authorises Lucy’s to collect and hold personal information about them whether given by the Client or obtained from any other source. Personal information will only be used for the purposes of providing the items and services ordered, for communicating promotional activities and product information, for debt collection purposes, or for any other related purpose. The information obtained will only be held for as long as is deemed relevant by Lucy’s. The Client understands that they have a right of access and may request correction of personal information held by Lucy’s about them. For any privacy concerns regarding Lucy’s treatment of personal information, the Client should make contact with Lucy’s as soon as possible.
SEVERANCE
Should any of these terms or any part of them be held to be invalid or otherwise unenforceable, such term or part of it may at Lucy’s sole discretion be severed without affecting the validity or enforceability of the remaining terms.
WAIVER
Any delay or failure by Lucy’s to enforce its rights at any time or for any period in relation to any one or more of these terms shall not be a waiver of them or of the right at any time subsequently to enforce them.
ALTERNATIVE DISPUTE RESOLUTION
If any dispute arises between the Client and Lucy’s regarding these terms or regarding the rights and obligations of the parties generally (except where the default by the Client of these terms is not in doubt), the parties agree to negotiate in good faith to resolve the dispute.
BY HIRING WITH LOUISIANA LUCY LTD trading as Lucy’s YOU AGREE TO ALL TERMS AND CONDITIONS IN THIS DOCUMENT AND THESE TERMS AND CONDITIONS ARE BINDING.