THE ROCK FACTORY – TERMS & CONDITIONS
Terms & Conditions – Bookings, Payment & Deposits:
These Terms & Conditions cover the procedures for the hire of event equipment and services from The Rock Factory. The person or organisation that hires the equipment from us is referred to as you, the Client, or the lessee. The Rock Factory is referred to as we, us, the lessor or The Rock Factory. We reserve the right to adjust the terms and conditions without notice and will post the most recent version here on the website.
To confirm a booking you must make a minimum 50% deposit to us. Payment into our bank account, EFTPOS or credit card can be used to make a deposit.
If paying into our bank account please use the quote or invoice number as a reference and send us an email confirmation that you have paid us. We will reply with a confirmation once we receive payment in our account and match it to you.
If you pay online from our Xero invoice page using the available payment services you will be provided with an email confirmation of your payment as soon as the transaction is processed.
Please also note that equipment is not officially booked until at least 50% deposit payment is received. We reserve the right to hire it out to someone else if a deposit has not been received. We may waive this rule if we have hired to you in the past and know you are good for it. Even if you have not paid the deposit and you booked with us, we still have the right to claim at least the 50% as a cancellation if it is cancelled last minute – see the tiered cancellation terms below.
The Rock Factory works on a strict payment in advance policy for equipment hire or service. Full payment is required 3 days prior to delivery, as we need to prepare in advance for your setup. Failure to make full payment by event start time will result in either the delay of delivery until full payment is made or cancellation of the booking at our discretion. We recommend that final payment be made the week prior to the event to ensure the bank clears the payment well in advance of the required delivery. The Rock Factory reserves the right to delay or withhold delivery until full payment is made. If we do not receive full payment on the day of required delivery, we reserve the right to cancel the booking and if this happens, then the deposit is retained and is non-refundable.
Established Clients with a history of transactions with us (that is we have been working together more than a year and on more than five events a year) may apply for an exemption to the payment in advance rule. To do so you must have an established purchase order system (for example if you are a school or a council institute). With established clients who apply for this rule exemption, we can work on your billing cycle whether it is within 7 days of the invoice or the 20th of the Month. Again we can still charge our tiered cancellation fee as per standard terms, even if you have an exemption to paying in advance.
For dry hire pickups or unattended hires, please bring your driver’s licence or passport and your credit card. We will keep these details on file until all the equipment has been returned to us in its original condition.
Weather problems – our bookings and income cannot be weather dependent, terms and conditions for cancellations and postponements are as below. We encourage you to take out Insurance for your events to cover unforeseen circumstances.
We no longer accept cheques due to cheques being unreliable as a payment medium.
Terms & Conditions – Cancellations (for hires UNDER $500):
- When you “dry hire” items (i.e. you are picking up from us or coming to our premises for a service), you can cancel up to 2 days before the pickup or service, and a full refund will be given if a deposit was paid. No-shows or cancellation within 2 days forfeits deposit.
- For delivered items and services within 20km of Auckland CBD;
- Cancellation up to 72 hours before we arrive on-site to deliver, no charge and full refund of deposit offered.
- Cancellation less than 72 hours before we arrive on-site, 50% of full charge (i.e. the deposit is retained).
- For delivered items and services outside of 20km from Auckland CBD;
- Cancellation up to 72 hours before we arrive on-site to set up, no charge and full refund of deposit offered.
- if cancelling between 48 and 72 hours before delivery then 50% of the charge will be kept (i.e. deposit is retained).
- Cancellation within 48 hours of delivery incurs a 100% charge.
Terms & Conditions – Cancellations (for hires OVER $500):
- During our off-peak season (1 May to 30th September) Cancellations within 2 weeks of delivery will result in loss of deposit. Cancellations made prior to this; we will refund the deposit in full.
- During our peak season (1st October to 30th April) Cancellations within 4 weeks of delivery will result in loss of deposit. Cancellations made prior to this; we will refund the deposit in full.
Further rules for peak season: cancellations made within 6 weeks of an event, the following fees will apply (including 50% deposit), in order for us to recover preparation and pre-production costs.
- If you cancel within 4 weeks to 2 weeks of the event: 50% of the total is due.
- Cancellation within 1 week to 2 weeks of the event: 75 to 100% of the total is due, this is because we cannot allocate the production to any other event within that time frame.
- Cancellation in less than a week to 72 hours from event setup, within a week of delivery: or if we have begun setup, then 100% of the total is due.
Terms & Conditions – Postponements:
To reschedule an event sufficient notice must be given. Sufficient notice is at least 1-weeks notice. With sufficient notice, you may be entitled to use your deposit towards a timely rescheduled event at our discretion. Any rescheduled event is subject to availability at the time of notification of postponement. If there is a postponement of the event due to unforeseen circumstances such as rain we will do our best to provide you with the hire on your new date, however, we reserve the right to decline service if we are unable to make the new date. Deposit and payment will transfer to the new date if we can make the new date; however, our terms will remain as per the cancellation policies above if we are unable to make the new date. It is, therefore, best practice to organise a rain date with us in advance if you plan to have one.
Also note that in the case of a yearly event, the postponement date must be within the year of the original event and cannot count toward the next year’s event. We must be available on the postponement date and if it is inconvenient for us (e.g. we are already booked on that date), then we have the right to say no to the new date – so please communicate with us about your new date as soon as possible, so we can make sure your chosen new date works in with our availability. We always recommend that events have a planned postponement date in advance so that we can pencil the postponement date into our calendar and are prepared for it to possibly happen on that date instead.
Terms and Conditions – Last Minute Postponement and Cancellations (less than a week’s notice).
If the rain date is organized reasonably in advance as a postponement date, then you can use the money paid on the new date as long as we have availability of gear, crew and transport on the new date.
PLEASE NOTE: You may still incur the crew/personnel costs from the original date as they cannot find new work with less than a week’s notice.
We believe the following is fair treatment for our booked services and staff + crew:
a) Event Postponed – Crew costs are to be covered on the original date (crew often can’t find replacement jobs when it is cancelled within a week of the event).
b) Event on the new Postponement date costs the same as the previous event’s quote, unless there are extra costs which will be quoted if they exist.
c) Event is cancelled altogether (no new postponement date) – at least the 50% booking deposit becomes the cancellation fee, as per terms of cancellation for bookings over $500 above. The rest can be refunded to you or left as a credit for future bookings.
Terms & Conditions – Loss or Damage:
Whilst equipment is in the possession of the lessee, the lessee is expected to take all reasonable care and precaution with the equipment. Loss or damage of any hired equipment whilst in the care of the lessee will result in incurring further charges as outlined below:
In the event of loss, damage or theft, the lessee, at the discretion of The Rock Factory shall:
- a) at the lessee’s expense repair the equipment to our satisfaction,
- b) at the lessee’s expense replace the equipment with similar or like, or
- c) make full payment to recover costs of replacement.
We reserve the right to keep the details of your credit card and driver licence is as a security on your hire. We will discard of these details once the equipment has been returned to us in original condition.
Terms & Conditions – Insurance:
The Rock Factory does not offer insurance cover for hired equipment. Any loss, theft or damage is the full responsibility of the lessee. The Rock Factory does not provide any insurance cover for you or for your event. You are responsible for maintaining your own insurances for your event including but not limited to public liability and property damage insurance. Please check your contents insurance policy as you may already be covered for equipment that is on your premises, otherwise you should organise temporary cover for the duration you are in possession of our equipment. You may want to ask the venue owner if hired equipment is insured under their contents policy. If cover is not possible, not available or too expensive then you must take full responsibility as the lessee for any loss, theft or damage incurred. Make sure you follow set-up and operating instructions, employ security, keep the public away from the equipment and hire experienced tech support to operate the equipment.
Terms & Conditions – Noise Control:
If a member of the public complains about the sound levels at your event, you will likely get a visit from Noise Control who will ask you to turn it down. If you are served with an ‘Excessive Noise Notice’, please comply. Noise Control will come back, shut you down and take the gear away, if you do not compley. They may also bring the Police with them. When they do take the gear away there is a charge of $350 plus our time at $60 an hour to retrieve it from the Police. Hire charges continue until the equipment is returned to our warehouse. Contact numbers for more information: Auckland Council – Duty Environmental Health Officer (09) 379 2021 x9073.
Terms & Conditions – Indemnification Clause:
The Rock Factory carries Public Liability insurance limited to our services and equipment when we are operating it.
The lessee understands that use of our equipment may involve inherently dangerous activities. Consequently the lessee agrees to indemnify and hold the lessor (The Rock Factory) harmless from any and all claims, actions, suits, proceeding costs, expenses, damages and liabilities including reasonable attorney’s fees arising by reason of damage to property or injury or death to persons, in connection with or resulting from the use of said equipment including, but not limited to the delivery, possession, use, operation, or return of the equipment. The lessee hereby releases and holds harmless the lessor from injuries or damages incurred as a result of the use of said equipment unless lessor is operating the equipment and is deemed by a court of law to be negligent in its actions. Lessor cannot under any circumstances be held liable for injuries as a result of accidents, nature or other conditions beyond our control or knowledge. Lessee also agrees to indemnify and hold harmless lessor from any loss, damage, theft or destruction of the equipment during the period of hire and any extension thereof.
Terms & Conditions – Late Returns & Penalties:
Any equipment returned after the agreed period of rental will incur further hire charges at the 50% of the per day rate for each additional day it is overdue, OR at a rate of 3x day rate hire per additional week it is overdue.
We collect personal information from you, including information about your:
- contact information
- interactions with us
- billing or purchase information
We collect your personal information in order to:
- carry out tasks directly related to our business
Providing some information is optional. If you choose not to provide your contact information, we’ll be unable to hire any items to you.
We keep your information safe by storing it in location only accessible by password and only allowing The Rock Factory representatives to access it. However please note that no connection through the Internet and data storage facilities are entirely immune from unauthorised hacking and access, and so you should use our website forms with discretion. You can protect yourself by using our website and forms only through secure networks or connections.
Your personal information will be kept secure and private as detailed above. It may need to be processed by other people or third party purposes. We will only share such information for the following purposes.
Working for The Rock Factory:
We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of The Rock Factory or our employees or contractors; or (d) protect The Rock Factory’s property rights.
If we are involved in a reorganisation, merger, acquisition or sale of our assets, your information may be transferred as part of that deal in the form of a client database.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at email@example.com or +6421358577.
You may ask us to delete your personal information, however Please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may need to retain this information if necessary to comply with our legal obligations (e.g. we must keep all our business records for 7 years for the IRD), resolve disputes, or enforce our agreements. To delete your account, contact us at firstname.lastname@example.org