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  equal to one (1) Hire period unless agreed upon between both parties.

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:  

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.  

5.5. The balance of the hire charges is payable by the Hirer 1 calender month prior to the  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, and the balance invoice (less deposit paid in  h 

accordance with clause 5.3. above) must be paid in full no later than the 1st of the 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.  

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. 

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. 

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.