Terms & Conditions
1. Interpretation
“Agreement” means these terms and conditions.
“Business Day” has the same meaning as “working day” in section 13 of the Legislation
Act 2019.
“Force Majeure” means any event outside of the parties’ control.
“Hirer” means the person hiring the Product and includes the Hirer’s contractors,
employees, agents, associates, permitted assigns or successors. Reference to person
herein includes a natural person or anybody or entity whether incorporated or not.
“Hire period” has the meaning given to it pursuant to clause 3.
“Owner” means M.A.N.E. Apparel Limited trading as Tble. Linen
“Product” means premium linen and associated products as supplied by the Owner and
available for hire via the Owner’s website (tblelinen.com) from time-to-time including
tablecloths, napkins, runners and soft furnishings.
2. Terms and Conditions
2.1. When placing an order with the Owner, the Hirer will be deemed to have accepted
and agreed to all of the terms and conditions set out herein, and any amendments
made to these terms and conditions by the Owner from time to time, notwithstanding
anything that may be stated to the contrary on the Hirer’s order.
2.2. The Hirer accepts that these terms and conditions constitute a binding agreement
between the Owner and Hirer.
2.3. The Owner reserves the right to change these terms and conditions at any time
without notice. Any amended terms and conditions will be placed on the Owner’s
website and will have effect from the date that they are placed on the Owner’s
website.
3. Hire Period
3.1. The standard hire period is for a maximum of 7 days, and is inclusive of the day that
the Product is shipped from the Owner to the Client, up to and including the day that
the Product is delivered back into the Owner’s possession. For the avoidance of
doubt, the standard hire period equates to one (1) Hire period.
3.2. The Product may be hired for one or more Hire periods only. No part Hire periods
are permitted.
3.3. Where the Hirer fails to deliver the Product back into the Owner’s possession within
the agreed Hire period, the Owner reserves the right to charge an additional amount
3.4. The Hirer will not be entitled to a refund or reduced hire charge if the Hirer chooses
to return the equipment to the Owner before the end of the agreed Hire period.
4. Placing an Order
4.1. When placing an order, the order is subject to the Owner providing confirmation that
the Product is available in the qualities sought and for the specified Hire Period.
5. Hire Charges and Deposit
5.1. The Hirer will pay as invoiced for the following charges:
equal to one (1) Hire period unless agreed upon between both parties.
5.1.1. The hire charges for the agreed Hire period of all Product hired (including
any additional Hire period(s) pursuant to clause 8.); and
5.1.2. Any damage or loss of the Product (pursuant to clause 8.); and
5.1.3. Any insurance excess (pursuant to clause 12.);
5.1.4. Any other charges as more particularly set out in these terms and conditions.
5.2. Unless otherwise stated, all charges are inclusive of standard cleaning costs.
5.3. The Owner will arrange all cleaning of the Product during the Hire period, and the
Hirer will comply with the Owner’s reasonable directions from time to time in relation
to the same.
5.4. A non-refundable deposit equal to 50% of the hire charges is payable by the Hirer
within 7 days of receipt of the invoice to secure the booking.
Product being shipped to or collected by the Hirer. For the avoidance of doubt, the
Hirer will not be entitled to receive the Product until payment has been made in full
and otherwise in accordance with these terms and conditions.
5.6. For certain approved Hirers (credit account customers), the Owner will invoice the
Hirer per clause 5.1.1. above, For certain approved Hirers (credit account customers), the Owner will invoice the
Hirer per clause 5.1.1. above, and the balance invoice month immediately following the date of the invoice.
5.7. For the avoidance of doubt, credit account customers are required to pay a deposit
in accordance with clause 5.3. above.
5.8. The Hirer must pay all payments due under this agreement (time of the essence) in
full (or otherwise as agreed prior in writing by the Owner). The Hirer is not entitled
to set off against or deduct from the Hire charges ay sums owed or claimed to be
owed by the Owner to the Hirer, nor is the Hirer entitled to withhold payment of an
invoice because that invoice or part thereof is in dispute.
5.9. The Owner reserves the right to charge penalty interest at the rate of 2.00% above
the Owner’s then commercial overdraft rate calculated monthly on all amounts
outstanding pursuant to these terms and conditions, up until the date payment is
made in full.
5.10. The Owner reserves the right to reverse any previously agreed discount (and charge
the standard undiscounted price) if the original invoice or any other subsequent
invoice (at the Owner’s sole discretion) is not paid by the due date.
5.11. The Hirer’s obligation to pay the hire charges pursuant to clause 5.1.1. and any other
charges pursuant to these terms and conditions will continue despite any defect,
theft, accident, or damage caused to the product during the Hire period.
5.12. The Owner may, at its sole discretion, allocate any payment received from the Hirer
toward any invoice that the Owner determines, and may do so at the time of receipt
or at any time afterwards. On any default by the Hirer, the Owner may re-allocate
any payments previously received and allocated, at the Owner’s sole discretion.
5.13. For credit account customers, no credit will be extended on any overdue accounts.
6. GST
6.1. All amounts payable by the Hirer to the Owner as invoiced by the Owner and/or
otherwise in accordance with this agreement are, unless otherwise expressly stated,
exclusive of GST.
6.2. Where a supply is a taxable supply, the Hirer must pay to the Owner, in addition to
the charges referred to in clause 5.1. above (or anywhere else in these terms and
conditions), an amount equal to the prevailing GST rate, payable at the same time
and in the same manner as the hire charges.
5.5. The balance of the hire charges is payable by the Hirer 1 calender month prior to the
accordance with clause 5.3. above) must be paid in full no later than the 1st of the
7. Product
7.1. Upon receipt of the Product by the Hirer, the Hirer will check the Product and ensure
that it is free from defects and/or damage.
7.2. If, upon receipt and inspection of the Product by the Hirer, the Product (or part
thereof) is found to be defective or damaged, the Hirer must notify the Owner
immediately of any such defect or damage.
7.3. Provided the Hirer has complied with its inspection and notification obligations
pursuant to clauses 7.1. and 7.2. above, then the hire charges for the defective or
damaged product (or part thereof) will cease to be payable from the date of
notification up until the date the Product is returned to the Owner.
7.4. Notwithstanding clause 7.3. above, the Hirer acknowledges and accepts that the
Products are made from premium 100% linen, and accordingly some imperfections
may exist. Where such defects are found to be due to the inherent nature of the
Product then the provisions of clause 7.3. will not apply.
7.5. The Owner does not represent or warrant that the Product supplied or its capacity
or performance is fit for the purposes required by the Hirer.
7.6. Where every endeavour is made to supply the Product as ordered, the Owner
reserves the right to substitute other suitable product where necessary.
7.7. The Hirer will only use the Product for the purpose, and within the capacity limits for
which it has been designed, and will not attempt to alter, repair or modify the Product
hired.
7.8. The Owner will endeavour to supply the Product as ordered but will not accept
liability for non-delivery by its delivery agent(s), delay in delivery by its delivery
agent(s), or inability to supply Product when required due to reasons beyond the
Owner’s control.
7.9. The Owner will not be responsible for any delays, accident, loss or damage of any
kind either directly, indirectly, or consequently which may arise through defects or
breakdowns of the Product hired.
8. Return of Product
8.1. The Owner reserves the right to charge additional hire charges on any item of
Product not returned to the Owner within the original Hire period.
8.2. The Owner reserves the right to charge additional cleaning fees on any cleaning that
is over and above the standard cleaning included in the hire charge. A list of
additional cleaning charges and replacement costs will be made available on the
Owner’s website from time to time.
8.3. If an item of Product is lost, or damaged beyond repair (this being at the Owner’s
sole determination), the Hirer will be solely liable for the full retail value of the Product
(or part thereof).
8.4. Where the Product (or part thereof) is damaged, and at the Owner’s sole
determination is salvageable, the Hirer will be solely liable for the full cost of repair.
8.5. Any replacement or repair costs will incur a $50 service charge.
8.6. Any additional cleaning fees, replacement or repair costs incurred in accordance
with these terms and conditions will be invoiced to the Hirer by the Owner together
with the service charge pursuant to clause 8.4., and will become payable
immediately upon issue of that invoice, and, at the Owner’s sole discretion, may be
deducted from the Hirer’s credit card / account.
9. Ownership of Product
9.1. The Owner retains full title to the Product, notwithstanding:
9.1.1. The delivery of the Product to the Hirer;
9.1.2. The possession and use of the Product by the Hirer;
9.1.3. Any temporary attachment of the Product to any land or premises to facilitate
the use of the Product.
9.2. The Owner may, at its sole discretion, recover possession of the Product, including
where the Product is in transit, and whether or not delivery has taken place.
9.3. The Hirer acknowledges, accepts and agrees, that the Owner may enter onto or into
any land or premises where the Product is situated, and whether such land is owned
by the Hirer or not, for the purposes of retaking possession of the Product. The
Owner will not be responsible for any damage caused in conjunction with recovering
possession of the Product, and the Hirer fully indemnifies the Owner in relation to
any liability arising thereof.
9.4. The Hirer agrees that the Owner may register a financing statement on the Personal
Property Securities Register (“PPSR”) to protect its security interest in the Product
and register financing change statements from time to time. The Hirer agrees that
it will promptly upon request by the Owner sign all documentation necessary and
provide such additional information as is required to give effect to the provisions of
this clause.
9.5. The Hirer will pay to the Owner all fees and expenses incurred by the Owner in
relation to the filing and maintenance of a financing statement or financing change
statement in connection with this agreement.
9.6. The Hirer undertakes that it will not allow any person other than the Owner to register
a financing statement on the PPSR over the Product and it will notify the Owner
immediately if it becomes aware of any person taking steps to file a financing
statement against the Product.
9.7. The Hirer waives and agrees to contract out of its rights under sections 114(1)(a),
116, 120(2), 121, 125, 126, 127, 129, 131, 133 and 134 of the Personal Property
Securities Act 1999 (“PPSA”).
9.8. The Hirer waives its rights under the PPSA to receive a copy of any Verification
Statement, Financing Statement or Financing Change Statement.
9.9. The Hirer will not suffer any encumbrance, charge or lien of any kind to arise or
remain on the Product or any part thereof.
10. Cancellation Policy
10.1. The Hirer can cancel its order at any time, but the deposit in clause 5.3. is non-
refundable.
10.2. The Hirer may alter its order between the date of confirmation (per clause 4.1.) and
up to 30 days prior to the Hire period. All alterations are subject to confirmation by
the Owner, and the Owner reserves the right to require an additional deposit to be
paid where alterations include an increase in the amount of Product being hired.
10.3. If the Hirer alters its order within 30 days prior to the Hire period resulting in a
decrease to the amount of Product being hired, the Hirer will not be entitled to a
price adjustment and accordingly the full cost of the original order will be payable by
the Hirer in accordance with clause 5.1.
10.4. If the Hirer cancels the order within 30 days prior to the Hire period, the Hirer will
remain liable for the full cost of the original order. Where this clause applies, the
balance owing by the Hirer (as invoiced in accordance with clause 5.1.) will fall due
within 7 days of cancellation.
11. Force Majeure
11.1. If a Force Majeure event affects a party’s performance under this agreement for
more than 90 consecutive days, either party may immediately terminate this
agreement by written notice to the other party.
11.2. Termination under this clause does not affect any of the parties’ other rights,
remedies or obligations as set out in these terms and conditions.
12. Liability
12.1. The Hirer is solely responsible for the Product during the hire period.
12.2. Where required, the Hirer will be instructed in the correct use of the Product.
However, the Hirer assumes responsibility for the correct use of the Product whether
instructed or otherwise. The Owner recommends use only of LED lighting on or
near the Products.
12.3. The Hirer will maintain the Product in good working order during the hire period and
will return the Product and any supplied accessories and laundry bags, free from
damage, to the Owner within the Hire period. The Hirer acknowledges and accepts
that return of the Product outside of the Hire period may incur additional hire
charges.
12.4. The Owner accepts no responsibility whatsoever for any delivery delays.
12.5. The Hirer is responsible for the Product from the date that the Product leaves the
possession of the Owner until the Product is placed back into the possession of the
Owner.
12.6. The Hirer will be liable for any loss or damage suffered by the Owner as a result of
a breach of, or non-compliance of any of the terms and conditions contained in this
agreement, including but not limited to loss for theft, loss or damage to Product and
including any loss incurred as a result of any third-party actions. For the purpose of
this clause, damage includes but is not limited to, waxy residue, cigarette burns,
non-removeable stains, and irreparable damages.
12.7. The Hirer indemnifies the Owner to the fullest extent possible at law in relation to
any liability for any accident, incident or damage of persons or property while
Products are in use by the Hirer.
12.8. Unless otherwise agreed to in writing prior, the Hirer is responsible for insuring the
Product for any damage, loss or theft occurring during the Hire period.
12.9. Where the Owner has agreed to insure the Product, the Owner reserves the right to
charge the Hirer for any costs associated with insuring the Product during the Hire
period, including but not limited to any insurance excess.
13. Postponements
The Hirer may postpone the Hire period subject to the following provisions:
13.1. The Hirer must submit a written request to the Owner up to 3 months prior to the
original Hire period, seeking to postpone the Hire period to a date which falls within
the 18-month period immediately following the original Hire period (time being of the
essence). Subject to confirmation by the Owner pursuant to clause 4.1., the deposit
paid in accordance with clause 5.3. will be transferrable to the new Hire period.
13.2. Where the new Hire period is not yet known by Hirer, the Hirer must nominate a new
Hire period within 3 months from the date of notification of postponement (time being
of the essence) to qualify for a deposit transfer in accordance with clause 13.1.
13.3. For the avoidance of doubt, the new Hire period is subject to confirmation by the
Owner in accordance with clause 4.1.
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13.4. If the Hirer wishes to postpone the Hire period within 3 months prior to the original
Hire period, then, and unless agreed to otherwise by the Owner in writing the deposit
paid in accordance with clause 5.3. will be forfeited, and a new deposit will be
payable in accordance with these terms and conditions.
13.5. Where the Hirer requests a postponement of the Hire period due to Covid-19 (or
other pandemic) related reasons, including where the Hirer falls ill with Covid-19
and/or Government mandated restrictions on personal movement within New
Zealand, the Owner will consider any such requests on a case-by-case basis. In
any case, to qualify for a deposit transfer the new Hire period must fall within the 18-
month period immediately following the original Hire period (time being of the
essence).
14. Intellectual Property
14.1. The design and concept of the Product and any concepts used and displayed by
“Tble. Linen” are the property of the Owner, its licensors, or its partners and are
protected by copyright, trademark and other laws. “Tble. Linen” owns a copyright in
the selection, coordination, arrangement and enhancement of such concepts. You
also may not remove or copyright proprietary notices attached to any hired items.
15. Disputes
15.1. In the event of a dispute between the parties, the party that considers there is a
dispute will first notify the other party in writing giving details of the dispute. Within
5 Business Days of receipt of such notice, representatives of each party will meet to
attempt to resolve the dispute.
15.2. If the parties are unable to resolve the dispute within 14 days, either party may refer
the dispute to mediation. If the parties cannot agree on a mediator within 10
Business Days of the request for mediation being made, the mediator will be
appointed by the then current President of the New Zealand Law Society (or his or
her nominee). All discussions in mediation shall be without prejudice and may not
be referred to in any subsequent proceedings. If the dispute is not resolved within
30 Business Days of the appointment of the mediator, either party may commence
litigation.
15.3. The parties will continue to perform their obligations under this agreement as far as
possible as if no dispute had arisen pending the final settlement of any dispute.
15.4. Nothing in this clause precludes any party from taking immediate steps to seek
urgent equitable relief before a New Zealand Court.
15.5. The parties to a dispute will bear their own costs of legal representation but the costs
of the mediator will be shared equally unless:
15.5.1. agreed otherwise in writing; or
15.5.2. the mediator determines otherwise.
16. Errors and Omissions
16.1. The Owner accepts no liability in respect of any alleged or actual error(s) and/or
omissions arising from or result from an inadvertent mistake made by the Owner in
the formation and/or administration of this agreement.
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17. General
17.1. No amendment to these terms and conditions will be effective unless it is in writing
and expressly agreed to by the Owner.
17.2. Any failure to enforce any of the terms and conditions does not constitute a waiver
of that term or condition or of either party’s rights to later enforce that, or any other,
term or condition.
17.3. If any part or provision of these terms and conditions is considered to be invalid,
unenforceable or in conflict with the law, that part or provision is deemed to be
modified by a provision which, as far as possible, accomplishes the original purpose
of that part or provision. The remaining terms and conditions will continue to be
binding on the parties.
17.4. These terms and conditions are governed by and will be construed in accordance
with the laws of New Zealand and you submit to the exclusive jurisdiction of the
Courts of New Zealand.
17.5. The Hirer and any representatives of the Hirer who have taken possession of the
Product are deemed to have read and understood these terms and conditions.
