top of page
Terms and Conditions
Audio Visual People Ltd. - Terms and
Conditions of Trade - Effective 1st Jan 2008.
A. Definitions - In this document the following
have defined meaning: ”AVP” means Audio
Visual People Limited - including operational
divisions BSRL Ltd & other entities; "Client"
means the person, entity or business (or their
authorized representative) that is the
purchaser of the Products and Services offered
by AVP; “Agent” means a person entity or
business acting on behalf of the Client;
“Services” means the Products or Services or
Hire Items or Support Programs on offer from
AVP. “Event” is the situation bringing AVP
together with the Client.
B. Construction - This document and
documents referred to by this document,
constitute the entire agreement about AVP’s
sale of Services to Clients. This document
supersedes all prior understandings,
arrangements and agreements. Any reference
in this document to the singular includes the
plural and vice versa; and, the word "including"
means "including, but not limited to," and the
word "includes" means "includes, without
limitation,". All headings in this document have
been inserted for the purpose of ease of
reference only. They do not affect the meaning
or interpretation of it.
1. This Agreement between AVP and the Client
Placing an Order with AVP for Products or
Services constitutes an acceptance by the
Client of the terms and conditions of this
Agreement.
Except as required by Law and only then to the
extent the Law requires, any qualification or
variation to these terms and conditions
contained in any document issued by the Client
will be of no force or effect unless agreed to in
writing by AVP.
2. Bookings
2.1 Bookings will be accepted only if they are in
writing and communicated by hand, mail, fax,
or email by the Client.
2.2 A 50% deposit will be required to secure all
bookings.
2.3 If in the case where the event will not
proceed within 60 days of the pack in date of
the event, the deposit will be non-refundable.
2.4 If in the case where the event will not
proceed within 48hrs of the pack in date of the
event, a further 30% will be required to be paid
of the final job invoice.
2.5 A verbal booking from the Client,
communicated in person, by telephone or by
some other means; (or a text message
communicated by telephone) may be accepted
at the absolute discretion of AVP. If required, a
Statutory Declaration signed by the AVP staff
member accepting the booking shall be taken
as evidence that the booking was placed.
2.6 Bookings placed on behalf of a Client by athird party Agent shall become due andpayable by the Agent if denied by the Client.2.7 All bookings placed by the Client are subjectto acceptance by AVP at their absolute discretion; including times when insufficientsupply or circumstances prevent AVP from fulfilling an order.
3. Payments
3.1 The price for Products or Services
confirmed by the Client will be as shown on an
AVP Tax Invoice to the Client. This Invoice will
show any items priced on the official AVP
Quote/Cost Estimate plus any additional items
ordered verbally by the client during an Event.
Payment must be made by the Client (in full)
within 7 days of the date of the Invoice (unless
otherwise agreed in writing).
3.2 Delivery of Products or Services by
instalments over time may be invoiced
separately and must be paid for accordingly.
3.3 The Client will be liable to pay interest on
any overdue amount at the annual rate of 12%
calculated daily from the date of Invoice to the
date the overdue amount plus all accrued
interest is paid.
3.4 If an invoice remains unpaid in full or part
for 60 days AVP may submit the Client account
to a collection agency and may recover the
outstanding amount specified in the invoice
including interest, legal costs, bank fees and
charges and other expenses incurred in
attempting to recover the debt and any fees
and commissions or other amounts paid to any
collection agency acting on AVP’s behalf.
4. Title
4.1 Title of Products sold by AVP to the Client
are transferred to the Client only when paid for
in full (including any overdue interest).
4.2 If the Client breaches these terms or any
sales contract made between AVP and the
Client, the Client authorizes AVP to enter any
premises where the Product or Services are
located so that AVP may inspect and/or reclaim
the Products or Services.
5. Delivery
5.1 AVP will use its reasonable endeavours to
ensure Delivery and Delivery/Pack-Down
times, as scheduled, are adhered to. Scheduled
times provided to the Client are however only
planned estimates and AVP will not be liable for
any loss, damages, or delay suffered or
incurred by the Client arising from variations in
the time of delivery or non delivery of Services
whatever the cause.
5.2 Delivery by AVP to a third party carrier will
be deemed to be delivery to you the Client.
Product or Services booked by the Client will be
delivered to the delivery address provided by
the Client and set out on the AVP Quote/Cost
Estimate. AVP reserves the right to charge for
delivery if AVP so chooses for whatever reason.
5.3 Inspection and Acceptance after delivery -
all Products and Services booked by the Client
should be inspected by the client as soon as
possible after delivery. Any notice in relation to non-delivery or incorrect delivery must bemade to AVP in writing and delivered by hand,fax or email to info@avpeople.co.nz within 3days of delivery. If no such notice is issued, theProducts or Services will be assumed to beaccepted by the Client.
6. Risk
6.1 All Products and Services ordered by the
Client for delivery will be at the Clients risk
immediately upon assignment of the Products
or Services to a delivery company (including
AVP delivering the Services). In the case of hired
Products and Services this risk remains with
the Client until items are returned to the AVP
office at 53 Matai Street, Taupo, New Zealand.
6.2 Damage Waiver charge where included in
the Tax Invoice to the client transfers any risk of
damage from the Client to AVP. Risks of loss or
theft remain with the Client until items are
returned to AVP.
7. Returns Changes Cancellations
7.1 Returns - A Client may return any product
sold by AVP if it is covered by a manufacturers
warranty; such product will be repaired or
replaced at the absolute discretion of AVP. AVP
is not obliged to accept return of a product
where a Client changes their mind.
7.2 Booking changes and cancellations -
Products or Services once delivered or set-up
are chargeable to the Client. Changes and
cancellations BEFORE DELIVERY where the
Product or Service has been especially
acquired or reserved for the Client’s Event full
charge will incur as per section 2.
7.3 Third Party Products or Services (including
Entertainers and Bands) that have been
booked on behalf of a Client are subject to
individual return policies. All Third Party fees
and charges payable by AVP in respect of a
Client Booking will be invoiced to the Client
together with any associated service fees that
may be due to AVP.
7.4 AVP will not be liable for damage or defect
in Product or Services caused by Client neglect,
improper use, installation, maintenance or any
unauthorized repair.
8. Warranties
8.1 AVP will pass on to the Client any
manufacturer’s warranty associated with
Products or Services sold.
8.2 AVP warrants the Services supplied do not
infringe any patents, trademarks or other
intellectual property rights of third parties.
8.3 AVP further warrants that Services will be
rendered with due care and skill and any
Equipment supplied is of reasonable quality
and fit for the purpose for which it was
designed.
8.4 AVP when supplying Products and or
Services will comply with the provisions of all
relevant legislation and the requirements of
any applicable State, Commonwealth or Local
authority.
9. Limit of Liability
9.1 Notwithstanding anything contained in
these terms of trade to the contrary, AVP's
maximum liability under any order will not
exceed the aggregate of the purchase monies
received by AVP for that order.
9.2 AVP will not be liable (except as required by
Law and only then to the extent the Law
requires) to the Client or any other person
under any circumstance for any loss of use,
profit, revenue, interest, goodwill, data, for any
injury or death to any person, or for any
indirect, incidental or consequential damages
sustained or incurred by Client, whether such
liability arises directly or indirectly as a result
of: the sale, performance or use of any Products
or Services; or any negligent act or omission or
wilful misconduct of AVP or its employees or
agents; any breach by AVP of its obligations
under these Terms or any relevant Sales
Contract.
9.3 AVP will use its reasonable endeavours to
perform its obligations under these Terms of
Trade but will not be liable for any failure to
deliver ordered Products or Services where
such failure is a result of an act of God, war
(declared or undeclared), blockade,
disturbance, lightning, fire, earthquake, storm,
flood, explosion, governmental or quasigovernmental
restraint, expropriation,
prohibition, intervention, direction or
embargo, strike, lockout or other interference
with work; unavailability or delay in obtaining
governmental or quasi-governmental
approvals, consents, permits, licenses,
authorities or allocations, and any other cause,
whether of the kind specifically enumerated
above or otherwise which is not reasonably
within the control of AVP.
10. Intellectual Property AVP own the
Intellectual Property Rights (including
copyrights) to all work they do and all
information they give to you the Client as part
of their support programs. They grant you a
non-exclusive license to use that work and
information for yourself, or internally within
your company over the period covered by their
Invoiced Services. AVP have the right to use and
treat as non-confidential any information you
may give them during your use of their Services
unless you specify in writing the fact that
certain material should be treated as being
confidential.
11. Severability the provisions of this
agreement shall be deemed to be severable
and any invalidity of any provisions of this
agreement shall not affect the validity of the
remaining provisions.
12. Covid
12.1 All events that proceed under a Red or
Amber alert level, all staff and contractors are
expected to follow all current best practice
guidelines and mandates around Health and
Safety.
12.2 Where an event is eligible for the
government insurance scheme, invoices are
available on request.
13. Accommodation
13.1 Where accommodation is provided by the
client, our accommodation policy must be
followed This can be found at appendix A of our
Terms and Conditions.
14. Governing Law the contents of this
agreement, its meaning and interpretation and
the relationship to the parties are to be
governed by the laws of New Zealand. The
parties submit to the jurisdiction of the courts
of that place
Appendix A - Accommodation
1. Definitions
The Tour Party – refers to all personnel
contracted to tour and present the production
Company Member – refers to crew, creatives,
contractors, and staff
The Company – refers to Audio Visual People
2. Accommodation
2.1 No accommodation and/or per diems will
be provided for company members whilst
working in Taupo.
2.2 Per diems are paid in a weekly sum the
week prior at a rate of NZ$50 per day for every
night spent away from Taupo.
2.3 “Suitable accommodation" means a single
room in a modern motel or serviced apartment
with shared bathroom facilities.
2.4"Serviced apartment" means an apartment
with cooking facilities for which clean linen is
supplied once per week and the apartment
cleaned at least once per week at the cost of the
company.
2.5“Unit” means motel or hotel room,
apartment, or unit. Units will be serviced at
least once a week at the expense of the
company.
2.6 Accommodation should be modern, clean,
and well maintained.
2.7 Company members may be required to
share a unit but only one company member per
bedroom is permitted.
2.8 No company member is permitted to sleep
in the lounge, each company member requires
their own bedroom.
2.9 Access to bedrooms and communal areas
must be accessible from communal areas e.g.
the lounge not through a bedroom.
2.10 Each unit must have at least one private
bathroom and toilet facilities that are
accessible from communal areas e.g. the
lounge not through a bedroom.
2.11 Facilities for units must include a
television, local telephone and heating.
2.12 Free internet is not guaranteed in each
unit for company member’s personal use, but
where it is available, company members will be
permitted access. This access will be at the
expense of each individual company member
and not at the expense of the company.
2.13 All personal washing, telephone calls, mini
bar, internet used above the provided limit and
any charge back meals purchased are the
company members responsibility and must be
paid prior to check out.
2.14 Charges incurred for lost accommodation
keys are the company members responsibility.
2.15 If a company member leaves personal
items at the accommodation after check out
then it is the company members responsibility
to arrange for the items to be returned to them
and at the cost of the company member.
2.16 Accommodation should be within a 10
kilometre radius of the venue. It should be
close to public transport and where security of
employees can be assured.
2.17 Accommodation must have parking for at
least one medium sized vehicle.
bottom of page