Venue Terms & Conditions
LEASE AGREEMENT STANDARD TERMS AND CONDITIONS
INTERPRETATION For the avoidance of doubt (a) “Client” includes the client’s employees, servants and agents; (b) “Equipment” includes all items, articles, accessories and documents (including operating manuals) supplied with the Equipment whether listed or not. These terms and conditions govern the Lease to Own provided by Streamliner Group Limited (“Streamliner”). Streamliner expressly disclaims any acceptance of the Clients terms and conditions unless otherwise agreed by Streamliner in writing.
OWNERSHIP OF EQUIPMENT
Streamliner are the owner of the Equipment, the Client only have the right to use it.
For the purposes of this Lease, Equipment includes hardware & software.
The Client must protect Streamliners ownership of the Equipment and not attempt to sell, hire or deal with it in any other way.
The entire Lease between the Client and Streamliner consists of these terms and conditions and the Lease Agreement
This Lease cannot be cancelled or terminated except in accordance with its terms.
Upon delivery of the Equipment the Client will inspect it and satisfy that it is in good operating order and condition
The Client must rely on own judgment as to:
the quality and condition of the Equipment and its fitness and suitability for any particular purpose; and
the performance of services provided by third parties.
No warranties are given in relation to the Equipment or any services other than those implied by law. Streamliner are not responsible for any representation or warranty, implied or expressed, made by the supplier of the Equipment.
To the extent permitted by law, damages for breach of warranties implied law are limited to repair or replacement of the Equipment or the re-supply of the services.
Streamliner exclude all liability for indirect or consequential damage, loss of income, loss of profit or interruption of business.
The supplier of the Equipment or any salesperson or agent of the supplier for the Equipment is not Streamliners agent for any purposes and are not authorised to change any term of this Lease or to make any warranties or representations about it, oral or otherwise.
The provisions of the Consumer Guarantees act 1993 are excluded in the Clients lease on the Equipment is used for business purposes.
CORRECTION OF ERRORS
The Client authorises Streamliner to complete any blanks or correct any errors in the Lease (including inserting serial numbers, model numbers, the Start Date and Payment Date).
The Client must pay to Streamliner each month the Total Monthly Lease Payment shown on each accepted Agreement (amount may be amended in accordance with paragraph 5. (h)).
The obligation to make Total Monthly Lease Payments continues for the Agreed Term shown on each accepted Agreement.
Payments are due monthly in advance.
Unless Streamliner otherwise agree, all Total Monthly Lease Payments are due on the Payment Date shown on the Request. Streamliner may adjust the first Lease Payment of any accepted Request to reflect a shorter or longer period than one month in order to effect a common Payment Date.
If the Payment Date falls on a weekend or public holiday, payment is due the next business day.
Unless Streamliner otherwise agree, all payments must be made by direct debit from the Clients bank account.
All payments, once paid, are not refundable for any reason.
If there is any change to the amount of GST payable or if any other taxes or government charges become payable in respect of the Lease, the Client agrees that we may adjust the Total Monthly Lease Payment.
The Client is unconditionally bound to pay all amounts due without any deduction in respect of taxes, unless prohibited by law, on any account whatsoever. This obligation continues no matter what happens, even if the Equipment is damaged or destroyed, if it is defective or if you can no longer use it.
Streamliner are entitled to decline to accept any part prepayment from you under this Lease.
USE AND MAINTENANCE OF EQUIPMENT
The Client must keep the Equipment in good repair, condition and working order normal fair wear and tear excepted and supply all parts and servicing required.
The Client must use, service and maintain the Equipment in accordance with the manufacturer’s instructions and recommendations.
The Client may modify the Equipment only with our consent.
LOCTION AND INSPECTION
Other than portable equipment, the Client must not move the Equipment from its location noted on the Agreement without prior written consent.
The Client agrees to provide Streamliner authorised agents or Streamliner with reasonable access to inspect the Equipment to confirm its existence, condition and proper maintenance.
If the Client fails to provide access to Streamliner and/or authorised agents, Streamliner have the right, subject to compliance with any applicable law, to enter the premises, or authorise our agents to enter the premises, where we believe the Equipment is located in order to confirm its existence, condition and proper maintenance.
If any Total Monthly Lease Payment or any other amount due is not paid in full on time, the Client are in defaults and Streamliner are entitled to recover liquidated damages on the overdue amount which the Client agree is a genuine pre-estimate of the actual loss that Streamliner will suffer as a result of the Client being late in any payment to us.
For each failure to make a payment in full and on time, the amount of liquidated damages payable will be the greater of $25 or 0.05% per day on the overdue amount until paid in full.
In addition, the Client agrees to reimburse Streamliner for the amount that our bankers charger Streamliner for the Clients dishonoured payment(s).
All liquidated damages are payable on demand which Streamliner may demand by debiting the amount of any liquidated damages from your nominated bank account on any date at Streamliners election without notice to you.
Upon and after termination of this Lease, as a separate and independent obligation which survives termination of this Lease, the Client agrees to pay liquidated damages at the rate of 0.05% per day on the overdue amount, capitalised monthly until all amounts owing under this Lease are paid in full.
The Client will be considered to be in default and to have repudiated this Lease and accepted Requests if the Client:
do not pay in full and Total Monthly Lease Payment or any other amounts due in accordance with clause 5;
fail to insure the Equipment under clause 18;
become insolvent, bankrupt or become subject to any liquidation, administration, statutory management, arrangement or composition, or a receiver is appointed in respect of you or any of your assets; or
sell, hire dispose or encumber the Equipment or make any attempt to do so.
This Lease or relevant part will terminate upon the occurrence of any of the following events:
Streamliner gives the Client notice terminating this Lease either in whole or in part after the Clients default and repudiation under clause 9; or
Streamliner sells any Equipment repossessed under clause 13.
CONSEQUENCES OF EARLY TERMINATION
If this Lease is terminated under clause 10, the client muse immediately:
pay to Streamliner the amounts set out in the Disclosure Statement; and
return the Equipment, in respect of which this Lease has been terminated, to us in accordance with clause 12
RETURN OF EQUIPMENT
If the Client have a right or obligation under this Lease to return the Equipment, the Client must return the Equipment at the Clients expense to a place within New Zealand that Streamliner nominates, together with all documents relating to the insurance, registration and servicing of the Equipment, all documents necessary to transfer the benefit of any insurance, registrations and service contract, all software provided by the supplier with the Equipment, all disks, accessories and manuals, in a good condition as the Equipment was delivered to you, except for normal fair wear and tear.
If any Equipment is returned to Streamliner other than in accordance with paragraph (a), the Client must pay to Streamliner the difference between the fair market retail value of the Equipment as returned to us and the fair market retail value of the Equipment as it should have been returned to us.
If any Equipment is returned to us other than in accordance with paragraph (b), the Client must pay to Streamliner, calculated at our standard rates, for our services required to remove any personal data in accordance with paragraph (b).
REPOSSESSION OF EQUIPMENT
If the Client fails to pay any Total Monthly Lease Payment or if the Client fails to return the Equipment when required to do so under this Lease, in addition to our other rights, Streamliner or authorised agents may, subject to complying with any applicable law, enter the premises where Streamliner believe the Equipment may be located and repossess the Equipment.
Subject to complying with any applicable law, Streamliner may sell any repossessed Equipment at any time.
If Streamliner have not sold the repossessed Equipment or terminated this Lease, you may collect the Equipment from us only if you have paid all amounts payable under this Lease (including any amounts owing under clause 14).
The Client acknowledges that Streamliner may, without giving the Client notice, sell assign or otherwise dispose of or deal with Streamliners interest in the Equipment or this Lease and, subject to any privacy laws, disclose information about you for this purpose.
The Client may apply to assign this Lease but the Client acknowledges that Streamliner are not obliged to agreed.
COSTS AND INDEMNITIES
The Client must pay to reimburse Streamliner for:
all taxes (including GST) payable in connection with this Lease; and
any expense Streamliner reasonably insure in enforcing this Lease or incur because the Clients has repudiated, terminated or breached with Lease, including, without limitation, any legal costs and expenses, financing break costs, costs incurred in repossessing or attempting to repossess the Equipment, costs incurred in storing and disposing of the Equipment and our administrate costs.
The Client must indemnify Streamliner for:
liability for any death or damage to any person or property arising directly or indirectly from the Equipment or its use; and
a claim for patent, trademark or copyright infringement, or strict liability or for any other reason being made against Streamliner in connection with the Equipment or its operation.
TRANSFER OF OWNERSHIP
On termination of this Lease and after the Client has paid to Streamliner all amounts owing under this Lease, ownership of the Equipment shall pass to the Client.
LOSS OR DAMAGE
The Client assumes and bears the risk of loss or damage to the Equipment. If the Equipment is lost or damaged the Client agrees to replace or repair the Equipment at the Clients costs, and to continue to pay Lease Payments in accordance with clause 5.
The Client agrees to indemnify Streamliner for any loss or damage to the Equipment.
The Client must arrange and at all times keep the Equipment insured against loss and all other normally insured risks for its full replacement value during the Agreed Term.
The Client must ensure that Streamliner are named as an additional insured party and loss payee under the policy.
The Client must provide Streamliner with evidence that the Equipment is insured if we ask for it.
The Client must not do, or fail to do, anything which would allow the insurer to refuse or reduce a claim; or enforce, conduct, settle or compromise any claim without our consent.
Streamliner are entitled to receive any amounts paid by an insurer.
If any Equipment is lost, stolen or damaged and subject to an insurance claim, the Client must inform Streamliner as soon as possible and provide Streamliner with a copy of the insurance claim form for Streamliners records.
Streamliner can amend these terms and conditions by giving the Client no less than 2 weeks written notice of the changes.
The Lease is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of the Lease.