Terms and conditions

Terms and conditions

 

The following are the conditions of use of the studios and services at White Studios and form part of the contract between every client and White Studios.

Third party rentals

White Studios Ltd cannot permit rental items from third parties onto the premises as this voids our insurance policy. Rentals items not carried by White must be booked through White’s Rental department.

Hiring charges

The hirer shall pay White Studios Ltd the charges at the rates specified in the price list contained in White’s current price list. Charges commence from the beginning of the period of hire to the date upon which the equipment is returned to White. The hirer also agrees to pay any carnet costs, water damage charges and GST applicable to the hire.

Damage waiver/insurance

White Studios Ltd charges a 10% ‘damage waiver’ on all rentals. This covers the hirer for any loss or damage, except for fair wear and tear that is not negligent. An excess of $1200 applies to each claim, and glassware such as flashtubes and pyrex covers are not covered. The hirer must ensure that rental equipment is stored in a secure place at all times. Equip- ment left unattended or in a car in a public place is not covered by our insurance and we would consider the hirer to be negligent. White will use its own discretion when deciding whether or not the hirer has been negligent. In the case of negligence, the whole or part of the costs of replacement or repair to the equipment may be charged to the hirer.

Your property when in the studios

White Studios Ltd will not be held responsible for the loss, theft, or damage of any property of any person using the studios, nor for any property lost by couriers in transit to or from
the studios. All care will be exercised by White Studios Ltd in supervising the studios, however all clients are required to make appropriate arrangements to ensure their property is properly secure whilst in the facilities. Clients leaving property in the studios, at reception or in the equipment room overnight do so at their own risk. Clients are advised to ensure that their insurance policy covers them whilst using the facilities at White Studios Ltd.

Using and cleaning of equipment

The hirer shall at all times use the equipment in a skillful and proper manner and shall at the hirer's own expense keep the equipment in good condition. It is agreed that the whole or any part of the costs incurred by White Studios Ltd arising out of failure by the hirer under this clause may be charged to the hirer.

Freight

The hirer shall be responsible for all freight and other charges (e.g. carnet costs), whether incurred by White or the hirer in respect of the delivery and return of the equipment. White is not liable for any delays in delivery of equipment or for any costs associated with such delay.

Sub-hire

The parties agree that the hirer shall retain the equipment for their own personal use and shall not part with the possession of the equipment or otherwise sub-lease, sub-hire, or assign the benefit of the agreement to any other person or corporation without prior written consent of White Studios Ltd.

Breakdown or Malfunction

In the event of a breakdown or failure of equipment the hirer shall immediately notify White Studios Ltd and return the equipment to White’s premises forthwith. If White Studios Ltd is not informed immediately upon breakdown or malfunction, the hirer will be responsible for and and all damage and or repair costs. On no account should the hirer repair or attempt to repair the equipment without prior consent of White Studios Ltd. In the event that such a breakdown or failure is caused by reasonable wear and tear and not by the hirer’s negligence or misuse, then the period of hire shall be determined upon return of the equipment to White Studios Ltd. White Studios Ltd will use its own discretion when deciding whether or not the hirer has been negligent. In the case of negligence the whole or part of the costs of replacement may be charged the hirer: White Studios Ltd will not be liable for any damage claims, cross hire fees, or any other fees due to breakdown, malfunction or misuse of equipment.

Termination of contract

If any of these hire terms are breached, White Studios Ltd reserves the right to cancel the rental immediately. White Studios Ltd reserves the right to change these terms at any time without notice.

Liability

Where permitted by the Trade Practices Act 1974, White Studios Ltd shall not be liable to the hirer or any third party with respect to any loss or damage however caused, arising directly or indirectly from the hire of the equipment. White’s liability, if any, is limited to a refund of the hire fees charged for such equipment. The hirer indemnifies or holds harmless White from any and all liability, losses, damage, claims, demands and expenses of any kind caused directly or indirectly from this equipment hire contract. White Studios Ltd and its employees will not be liable for any costs related to the re-capture of any digital data.

Care with petrol generators

Lighting and electronic equipment is highly sensitive to voltage fluctuations and may only be used with the approved genorator aproved by White Studios Ltd. Equipment used on non- approved generators are liable to explode and incur substantial repair costs and may cause collateral damage and personal injury. If the hirer uses a non-approved generator, then the hirer is entirely liable for all damage and repair costs.

Payment terms

Cash on delivery Customer: Payment shall be made on the day of receiving goods and or services.
Account Customers: Credit terms are payment is in full, 30 days from the date of invoice and in New Zealand legal currency. If payment if not received by White Studios Ltd within that time the liquidated damages at the rate of 12% per annum or as advertised from time to time by Westpac indicator rate plus 3% on any unpaid part of the invoice will apply until pay- ment is received in full. Such liquidated damages are a genuine pre-estimate of the damages sustained by the company as a result of non-payment by the customer by the due date. Payment by credit card over $500.00 will incur an additional 3% charge for Visa and Mastercard and an additional 5% for American Express. Once an invoice is received, any queries or disputes regarding charges appearing on the invoice must be directed to White’s accounts department within 7 days.

Charges

All price and hire charges shall be as quoted by White Studios Ltd. All prices exclude insurance, delivery and GST. All quotations shall remain valid for a period of 30 days from the date on which they are first given, unless the Client’s order differs from the requirements or specifications on which such quotation was based. The provision of a quotation by White Studios Ltd to the Client does not guarantee the availability of the equipment, studio facilities, consumables and/or services specified in such quotation, either at the time of the quotation or at the time the Client wishes to place its order.

Prices, hire charges and/or quotations provided by White Studios Ltd may be subject to change without warning.
Where hire charges include a charge for the provision of personnel, overtime rates may apply during certain hours or after certain periods of time, in accordance with White Studios Ltd applicable price lists(s). Travel, subsistence and accommodation expenses for White Studios Ltd personnel will be charged to the Client, in addition to applicable day rates and hire charges.

Cancellation

If any order is cancelled less than 24 hours prior to the intended start of the hire period, the Client shall pay White Studios Ltd 100% of the hire charges for all equipment and/or studio hire for the first full day of the hire period. If any order for the rental of equipment is cancelled less than 48 hours prior to the intended start of the hire period, the Client shall pay White 50% of the hire charges for all equipment and/or studio hire for the first full day of the hire period. If any order for the rental of equipment is cancelled after the intended start of the hire period, the Client shall pay White 100% of the hire charges for all equipment for the first full day of the hire period, together with any delivery costs incurred by White.

“Working hours” for this purpose are: 8am to 6pm. By way of example, if the hire period is due to start at 9am on Tuesday and the Client cancels its order at 7pm on the Monday eve- ning, that equates to one working hour’s notice of cancellation and the charges specified above shall apply.

General

White Studios Ltd reserves the right to change operating hours.
The Client may not assign, sub-license or sub-contract any of its rights or obligations under the Terms of Hire without prior written consent of White Studios Ltd. These Terms of Hire constitute the entire agreement and understanding between the parties with respect to their subject matter and supersede any prior agreement, understanding or arrangement be- tween the parties, whether oral or in writing, with respect to the same. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in communications between the parties except as set out in these Terms of Hire. Neither party shall have any remedy in respect of any untrue statement made to it upon which it has relied (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in these Terms of Business.

Digital Internet based services

The up-time and accessibility of Internet based services is not guaranteed. White Studios Ltd will not accept liability for any failure of any Internet based services as a result of computer system failure, Internet failure, software bugs, computer viruses, software or hardware breakdown, incompatibility of White’s Internet based services with any third party software being used by the Client, or for any other reason outside of White’s reasonable control.
The Client shall be responsible for maintaining the confidentiality of all passwords for access to Internet based services, and White Studios Ltd will not accept liability for lost or stolen passwords, or for any unauthorized access to the client’s digital data held on any Internet based service. White Studios Ltd will not accept any liability for any data being stored, and it is the responsibility of the Client to manage, delete and archive such data. If the Client uses White Studios Ltd services to edit, retouch, and/or manipulate digital data, White Studios Ltd does not accept liability for any resulting loss of digital data.

By signing this form, I agree without limitation to all of White Studios Terms and Conditions stated above.