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TERMS AND CONDITIONS OF SALE, SEVICE AND TECHNICAL SUPPORT

DEFINITIONS

 

"EZY Presentations" means EZY Presentations Ltd, PO Box 620, Pukekohe, New Zealand. EZY Presentations Ltd is a New Zealand registered company (AK/1094737).

" We" means EZY Presentations Ltd, PO Box 620, Pukekohe, New Zealand. EZY Presentations Ltd is a New Zealand registered company (AK/1094737).

"Contract" means a contract for sale by EZY Presentations Ltd to the Customer of the Products incorporating these Terms and Conditions.

"Customer" means the person (legal or natural) who accepts a written quotation from EZY Presentations Ltd's for the sale of the Products or whose order (written/verbal) for the Products is accepted by EZY Presentations Ltd.

"Location" means the place where the Products are situated as specified on Customer's

packing slip or otherwise agreed.

"Product(s)" means EZY Presentations Ltd branded product(s) and services and excludes Third Party Products and software sold to Customer pursuant to the Contract as specified on the Customer invoice.

"Price" means the charges for the Products or Services. Prices are given in New Zealand dollars (unless otherwise stated) and will be increased by the amount of GST, other taxes and duties that may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price).
  "Standard Service Hours" means the hours between 9.00 a.m. and 5.00 p.m. (in New
Zealand) each day excluding Saturdays, Sundays and public holidays (in New Zealand). The Standard Service Hours may be changed by EZY Presentations Ltd without prior notification.

"Third Party Products" means Products not manufactured or assembled or authored by EZY Presentations Ltd or any of its subsidiary companies and supplied to EZY Presentations Ltd by third parties for resale by EZY Presentations Ltd.

  "Standard Warranty" means that products will be free from defects in materials and workmanship affecting normal use but does not cover damage, fault, failure or malfunction due to:

(a) external causes, which includes accident, abuse, misuse, problems with electrical power, servicing not authorized by EZY Presentations Ltd, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, act of God, fire, flood, war, act of violence or any similar occurrence;

(b) normal wear and tear;

(c) any attempt by any person other than EZY Presentations Ltd personnel or any person authorised by EZY Presentations Ltd, to adjust, repair or support the Products;

(d) problems caused by use of parts and components not supplied by EZY Presentations Ltd;

(e) any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from EZY Presentations Ltd; and accessories or parts that are not installed in the EZY Presentations Ltd workshop.

" Manufacturers Warranty" means the warranty period and conditions offered by the supplier of EZY Presentations Ltd.

"Warranty Period" means:

(a) in respect of products manufactured or assembled by EZY Presentations Ltd, two years from the invoice date;or

(b) in respect of second hand products, the warranty period agreed between EZY Presentations Ltd and the customer; or

(c) in respect of Third Party products offered and supplied by EZY Presentations Ltd, the warranty period offered   by the supplier of EZY Presentations Ltd.

  "Telephone Support" means hardware fault diagnosis provided by EZY Presentations Ltd over the telephone pursuant to Clause 2.1.1.

"Delivered" means Products/Services delivered by EZY Presentations Ltd or any freight company appointed by the Customer or EZY Presentations Ltd.

 

1 Acceptance                            

Any goods supplied by EZY Presentations Ltd to the Customer will be supplied on these terms and conditions only, notwithstanding anything that may be stated to the contrary in the Customer's inquiries or on the Customer's orders.   No variation or modification of these terms and conditions will be binding on EZY Presentations Ltd unless accepted by EZY Presentations Ltd in writing."      

 

2 The Contract                          

2.1 Goods are offered subject to availability.          

2.2 The price quoted is based on rates and charges in effect at the date of quotation.   Any difference between these rates and charges, and those in effect at the time of delivery of the goods, will be to the Customer's account. All prices quoted are exclusive of any G.S.T. G.S.T is payable unless otherwise stated by EZY Presentations Ltd in writing.    

2.3 Purchase orders, once received and actioned, may not be cancelled or varied without the written agreement of EZY Presentations Ltd.   

2.4 Freight and transit insurance are to the Customer's account unless specified to the contrary by EZY Presentations Ltd in writing.       

2.5 All orders or accepted quotes for goods must include a date of requirement, or specified time of collection or delivery. EZY Presentations Ltd will endeavour to meet the date of requirement. If this date can't be met, EZY Presentations will provide the customer with an Estimated Time of Arrival (ETA).

2.6 Extra handling charges may apply for any products that are not collected within the agreed time specified.

2.7 The Customer has to notify EZY Presentations Ltd, in writing, within 7 working days of receiving the product(s) of any defects, missing accessories, damage to packaging and/or Products. Failure to do so will imply that the Customer accepts that the delivery fully complies with the Customer's order and the invoice from EZY Presentations Ltd.

 

3 Payment                     

3.1 Unless otherwise agreed in writing, the terms of payment are: payment in full in cleared funds on the due date following delivery of the goods (including where goods are delivered by instalments). The due date is mentioned on the invoice.

3.2 The Customer shall pay to EZY Presentations Ltd all G.S.T. or other value added tax payable on the goods supplied.   Payment shall be due on the date on which payment for the goods is due.         

3.3 If the Customer fails to make any payment to EZY Presentations Ltd by the due date, the Customer shall be liable to pay to EZY Presentations Ltd a default interest (agreed liquidated damages) thereon at a rate of 1.5% per month (compound) from due date onwards above on all monies outstanding from the date that payment is due until the date payment is received in full by EZY Presentations Ltd. The Customer shall also be liable to pay all expenses and legal costs in relation to obtaining remedy of the failure to comply.

3.4 EZY Presentations Ltd may refuse to deliver goods if there are any outstanding moneys owing to EZY Presentations Ltd by the Customer or there is any breach of these terms and conditions.           

3.5 The Customer will make all payments due to EZY Presentations Ltd, whether in respect of the price of the goods or otherwise, in full without deductions of any nature (whether by way of set off, counterclaim or other equitable or lawful claim or otherwise).   EZY Presentations Ltd may at any time require the Customer to pre-pay for goods upon placing order.

 

4 Ownership and Risk                          

4.1 Ownership of the goods supplied by EZY Presentations Ltd shall remain with EZY Presentations Ltd and shall not pass to the Customer until all amounts owing by the Customer to EZY Presentations Ltd in respect of the goods have been paid for in full and all the Customer's other obligations to EZY Presentations Ltd in respect of the goods have been met. Until ownership of the goods passes to the Customer, the Customer agrees as follows.

(a) The Customer holds the goods as bailee for and in a fiduciary relationship with EZY Presentations Ltd.

(b) If required by EZY Presentations Ltd, the Customer must store the goods so that they can be readily identified as belonging to EZY Presentations Ltd.

(c) The Customer must keep full and complete records of the goods;

(d) The Customer must return the goods if requested to do so by EZY Presentations Ltd following non-payment of any amount owing by the Customer to EZY Presentations Ltd or non-fulfilment of any of the Customer's other obligations to EZY Presentations Ltd, without limiting any other right We may have;

(e) The Customer give EZY Presentations Ltd the right to inspect the goods or any part of them at all reasonable times;

(f) The Customer must not change the Customer's name, address or contact details without providing EZY Presentations Ltd with at least 30 days prior written notice;

(g) The Customer waive The Customer's right under to PPSA to:

            (i)          Receive a copy of any verification statement;

            (ii)         Receive a copy of any financing change statement; Receive any notice that We intend to
                         sell the goods or to retain the goods on
enforcement of the security interest  
                         (as defined in the PPSA) granted to EZY
Presentations Ltd under these terms and

                         conditions;

            (iv)        Object to Our proposal (if any) to retain the goods in satisfaction of any obligation                          owed by the Customer to EZY Presentations Ltd;

            (v)         Receive a statement of account on sale of the goods; Redeem the goods; and

                         Where any good becomes an accession as defined in the PPSA, apply to the court for
                         an order concerning the removal of the accession;
receive notice of removal of the 
                         accession; and
not have any goods damaged when We remove the accession.

(h) The Customer must not:

            (i)          Give to EZY Presentations Ltd a written demand, or allow any other person to give to
                         EZY Presentations Ltd a written demand, requiring EZY Presentations Ltd to register a
                         financing change statement; or              

            (ii)         Lodge a change demand or allow any other person to lodge a change demand, in each
                         case in relation to a financing statement registered by EZY Presentations Ltd under the
                         PPSA;

(i) The Customer must not enter into or accept, or allow any other person to enter into or accept, a financing change statement in relation to a financing statement registered by reference to it under the PPSA;

(j) The Customer must not consent to or enter into any agreement which permits any supplier or other person to register a security interest in respect of the goods (whether an accession or otherwise) which ranks in priority to EZY Presentations Ltd's rights as first ranking security holder;

(k) If the goods have not been paid for in full by the due payment date or are at risk (as defined in PPSA), EZY Presentations Ltd or their agent(s) may (in addition to EZY Presentations Ltd's other rights but subject to the Credit (Repossession) Act 1997) enter The Customer's premises (or other premises to which The Customer have access and where the goods are stored or where EZY Presentations Ltd reasonably believe the goods are stored) at any time, without notice, and search for and recover the goods and may resell the goods or retain the goods for EZY Presentations Ltd's own benefit, without incurring any liability to The Customer or any person claiming through The Customer.   The Customer may not revoke the permission granted in this subclause.

(l) Where The Customer provide material to EZY Presentations Ltd to be processed, then EZY Presentations Ltd shall have a general and particular lien in respect of those goods for all sums due at any time from The Customer.   We may sell or dispose of such goods at The Customer's expense and without liability to The Customer and may apply the proceeds in or towards such sums.

4.2 The Customer acknowledges that The Customer has received value as at the date of first delivery of the goods and have not agreed pursuant to PPSA to postpone the time for attachment of the security interest (as defined in PPSA) granted to EZY Presentations Ltd under these terms and conditions.

4.3 Notwithstanding that ownership of any goods may remain with EZY Presentations Ltd, all risk in respect thereof shall pass to The Customer upon delivery and The Customer shall insure (and keep insured) the goods in The Customer's and EZY Presentations Ltd's name for EZY Presentations Ltd's respective interests. Unless otherwise agreed in writing, delivery shall be deemed to be effected upon the transfer of possession of goods to The Customer, the Customer's agent or the Customer's representative or the Customer's carrier at EZY Presentations Ltd premises. Delivery of goods may be by instalments.

 

 

5 Delivery                      

5.1 If The Customer does not accept delivery of the goods or should EZY Presentations Ltd withhold delivery pending payment or adequate arrangement as to payment or unloading, delivery shall be deemed to have been made when EZY Presentations Ltd is or was willing to deliver the goods, and:

(a) Without limiting any other right EZY Presentations Ltd may have, EZY Presentations Ltd may charge in addition to the price of the goods, reasonable storage and transportation charges; and

(b) The Customer shall nevertheless make any payments provided herein upon the basis

that such delivery has been affected.

5.2 The Customer will be responsible for providing adequate facilities for unloading and storage of goods at The Customer's premises unless otherwise agreed in writing. (Where EZY Presentations Ltd agrees to unload the goods, The Customer will pay EZY Presentations Ltd any costs we incur as a result (plus G.S.T., if any).

 

6 Suitability of the Goods                   

6.1 The goods shall be subject to the (relevant) standard tolerances of the industry as published by EZY Presentations Ltd or the manufacturer of the products and available on request.     

6.2 It is The Customer's responsibility to ensure that the goods ordered from and delivered by EZY Presentations Ltd are suitable for the environment in which they will be installed and that the goods are suitable for the treatment or processing required by The Customer.   The Customer are also responsible for ensuring that EZY Presentations Ltd's advice covering all aspects of correct selection, storage, handling, installation and maintenance of the goods has been complied with.

 

7 WARRANTY

7.1 Unless specified otherwise, EZY Presentations Ltd warrants to the Customer that Products are covered by the Standard Manufacturers Warranty during the Warranty Period.

7.2 Repair

During the Warranty Period, EZY Presentations Ltd will repair or replace Products returned to

EZY Presentations Ltd under the following conditions:

7.2.1 The Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. EZY Presentations Ltd will ship the repaired or replacement products to Customer freight prepaid.

7.2.2 The Customer will have to inform EZY Presentations Ltd of any defect, failure in writing and will have to request a Service Request Form (SRF) and Service Request Number (SRN) before returning any products to EZY Presentations Ltd.

7.2.3 Products returned to EZY Presentations Ltd will have to be packed in the original Manufacturer's packaging (including serial numbers, if applicable), with the SRF and SRN clearly mentioned on the packaging.

7.2.4 Products will not be serviced without a complete SRF and SRN.

7.2.5 Any repairs under warranty will only be provided by EZY Presentations Ltd in respect of the goods have been paid for in full by the customer and all the Customer's other obligations to EZY Presentations Ltd in respect of the goods have been met.

 

7.3 Parts

7.3.1 The warranty term for a spare part used in repairing Products is 90 days from its installation in the Product or the remainder of the warranty term for the Product into which it is installed, whichever is longer.

7.3.2 EZY Presentations Ltd owns all parts removed from repaired Products.

7.3.3 EZY Presentations Ltd may use new and/or reconditioned parts made by various manufacturers in performing warranty repairs and building replacement Products.

7.3.4 For the avoidance of doubt, the Warranty Period of a Product is not extended

after its repair or replacement.

7.3.5 Customer will pay EZY Presentations Ltd for a Replacement Part when the part replaced is not returned by Customer to EZY Presentations Ltd within 10 days after the date the Replacement Part was delivered to Customer by EZY Presentations Ltd. Prices of the part replaced will be at EZY Presentations Ltd's then current standard price.

 

7.4 Replacement

7.4.1 EZY Presentations Ltd reserves the right to replace the whole of the Products or any part or parts thereof which may be found to be faulty or in need of investigation even where only a part of the Products are faulty or in need of investigation.

7.4.2 EZY Presentations Ltd, in effecting such replacement, is under no obligation to supply Products or any parts thereof, which are identical in all respects to the faulty Products. EZY Presentations Ltd reserves the right to supply used or reconditioned parts or Products. EZY Presentations Ltd shall ensure that any Products or parts thereof used in replacement shall have substantially the same fittings and at least an equivalent specification to the faulty Products or parts thereof. EZY Presentations Ltd reserves the right to supply Products or parts thereof manufactured by whomsoever it shall, from time to time, deem appropriate.

7.4.3 The Products or parts supplied to replace the Products or any part thereof shall become the property of the Customer. The Products or any part or parts thereof removed shall become the property of EZY Presentations Ltd. Any part or parts removed must be returned to EZY Presentations Ltd by the Customer within ten (10) days of the replacement.

7.4.4 Where a hard drive is replaced EZY Presentations Ltd will use its best endeavours to remove all data stored on the hard drive before the hard drive is passed on to any third party.

7.5 Data

Customer shall back up all data stored in the Products to be shipped and remove any removable media, such as diskettes, CDs, DVDs or PC Cards from the Products before returning or submitting the Products for repair or replacement. EZY Presentations Ltd does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. Customer accepts full responsibility for Customer software and data and EZY Presentations Ltd is not required to advise or remind Customer of appropriate backup and other procedures.

7.6 Only Warranty

EZY Presentations Ltd does not give any warranty that the Products are fit for any particular purpose and the Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

 

8 SUPPORT SERVICES

8.1 Telephone Support

EZY Presentations Ltd shall provide, during the warranty period, Telephone Support for the Customer at no additional charge to the Customer. Free phone available 0800 367 399.

8.2 Remedial Support

During the term of the Warranty Period, upon receipt of notification from the Customer that the Products have failed or are malfunctioning, and in the event that the fault is unable to be rectified using EZY Presentations Ltd Telephone Support, EZY Presentations Ltd undertakes to use all reasonable endeavours during the Standard Service Hours to provide support and to make such corrections, repairs or adjustments to or replace such parts of the Products as may be necessary to restore the Products to their proper operating condition. On site support will only be provided where the Location is within the Auckland Territory unless otherwise agreed.

 

9 CONSUMER GUARANTEES ACT

9.1 These Terms and Conditions shall be subject to the Consumer Guarantees Act

1993 ("the Act") unless the Customer is a business or is being supplied by EZY Presentations Ltd for the purposes of a business, in which event pursuant to section 43 of the Act, EZY Presentations Ltd and the Customer hereby agree that the Act shall not apply to these Terms and Conditions.

9.2 Under the Act when implied conditions and warranties cannot be excluded, EZY Presentations Ltd limits its liability as follows:

(a) in case of the Product, to:

            (i)         the replacement of the Product; or

            (ii)        the supply of equivalent Product; or

            (iii)       the repair of the Product;or

            (iv)       the paying of the costs for replacing the Product or requiring equivalent Product;or

            (v)        the payment of the cost of having the Product repaired;

 

(b) in the case of Services,

            (i)          to the supplying of the Services again; or

            (ii)         the payment of the cost of having the Services supplied again.

TERMS AND CONDITIONS OF HIRE AGREEMENT


1 The words:

1.1 " Rental Period: From" means:

(a) where the Equipment is to be collected by the Hirer the earlier of:

             (i)         upon collection of the Equipment by the Hirer from EZY PRESENTATIONS; or
             (ii)        the delivery time specified on the front page of this agreement.
(b)where the Equipment is to be delivered to the Hirer by EZY PRESENTATIONS, upon physical receipt of the Equipment by the Hirer;
1.2
"Rental Price" means in respect of each item of Equipment, the corresponding rate for the agreed Rental Period specified on the agreement; Rentals are payable in NZ$ or Barter Trade $, i.e. only if agreed in advance by EZY Presentations.
1.3
"EZY PRESENTATIONS" means EZY Presentations Limited, PO Box 620, Pukekohe, New Zealand. EZY Presentations Ltd is a New Zealand registered Company (AK/1094737);
1.4
"Equipment" means each and every item of equipment described on the front page of the agreement as well as each or any replacement or substitute thereof and all parts and components including cables, carry cases, power packs and manuals and, where the context requires, includes any part of such equipment;
1.5
" RSP" means the Recommended Selling Price.
1.6
"Hirer" means the person or persons named as hirer on the agreement;
1.7
"Rental Period:   To" means where the Equipment is to be returned to EZY PRESENTATIONS the earlier of:
(a)
upon return of the Equipment by the Hirer to EZY PRESENTATIONS; or
(b)
the return time specified on the front page of the agreement;
1.8
"Total Hire Fee" means the agreed Total rental price for the equipment inclusive of GST.

2 The Hirer agrees to hire the Equipment from " Rental Period:   From" until the "Rental Period:   To" in consideration of payment to EZY PRESENTATIONS of the Total Hire Fee.

3 The Hirer shall pay the Total Hire Fee to EZY PRESENTATIONS in accordance with the payment terms specified on the front page of   the agreement.

4 The Hirer shall:
(a) keep the Equipment in good order and repair and properly operated and serviced so that the Equipment shall at all times be in first class condition and shall employ suitably qualified and trained personnel to operate the Equipment;
(b) notify EZY PRESENTATIONS immediately of any change in the Hirer's address or contact details;
(c) produce the Equipment to EZY PRESENTATIONS for inspection or testing and for this purpose authorise EZY PRESENTATIONS to enter any premises where the Equipment may be located;
(d) notify EZY PRESENTATIONS immediately in the event of any loss or damage to the Equipment;
(e) not use or install the Equipment in any manner that would or potentially could lead to the Equipment becoming a fixture.

5 The Hirer shall not, without the prior written consent of EZY PRESENTATIONS:
(a) alter or make any addition to the Equipment;
(b) part with possession or control of the Equipment or attempt or purport to sell, dispose of or encumber the Equipment in any way;
(c) assign this agreement or the Hirer's rights hereunder;
(d) take or permit the Equipment to be taken outside the state in which the Hirer's address appearing hereon is located.

6 The Equipment shall at all times remain the property of EZY PRESENTATIONS.

7 The Hirer shall:
(a) insure and keep the Equipment insured from the " Rental Period:   From" until the Equipment is physically returned for its full insurable value ("RSP") and any other amounts for which the Hirer may become liable under this agreement against fire, accident or theft and any other risk commonly insured against in regard to equipment of a similar nature and such other risks as EZY PRESENTATIONS may reasonably stipulate;
(b) produce any policy or policies of insurance in respect of the Equipment to EZY PRESENTATIONS upon request;
(c) promptly pay all premiums and charges in respect of such policies;
(d) not do or commit or suffer to be done any act or thing which might or could prejudice any such insurance.

8 Without in any way limiting or affecting any other rights that EZY PRESENTATIONS may have either pursuant to this agreement or under common law, statute or equity, if the Equipment is damaged during the period from the " Rental Period:   From" until the Equipment is physically returned to EZY PRESENTATIONS then:
(a) EZY PRESENTATIONS may, at its election, repair the Equipment in which case the Hirer shall pay to EZY PRESENTATIONS, in addition to any monies which may be payable under sub-clause (b) and clause 9, such charges as may be specified by EZY PRESENTATIONS from time to time in its schedule of prices for repair within 7 days from the date of an invoice from EZY PRESENTATIONS claiming such repair costs; and
(b) the Hirer shall pay to and otherwise indemnify EZY PRESENTATIONS against any other costs, expenses, loss of hire fees or damages whatsoever which may be incurred by EZY PRESENTATIONS as a result of such damage.

9 Without in any way limiting or affecting any other rights that EZY PRESENTATIONS may have either pursuant to this agreement or under common law, statute or equity, if the Hirer does not Return the Equipment to EZY PRESENTATIONS by the "Rental Period:   To" time other than by reason of default by EZY PRESENTATIONS then:
(a) the Hirer shall pay to EZY PRESENTATIONS the Daily Rate for each period of 24 hours or any part thereof - or in case   of longer term agreements, the agreed Total Hire Fee for the agreed rental period or any part thereof - from the "Rental Period:   To"   until the Equipment is physically Returned to EZY PRESENTATIONS;   and/or if the Equipment is lost, stolen or damaged, the date on which the Equipment is repaired or replaced as the case may be and available for use by EZY PRESENTATIONS; and
(b) if the Equipment is not Returned to EZY PRESENTATIONS within 30 days of the "Rental Period:   To"   (or such later date as may be agreed in writing) for any reason whatsoever (Equipment is lost, stolen or damaged) then, in addition to the amount payable under sub-clause (a), the Hirer shall pay to EZY PRESENTATIONS the replacement cost of the Equipment and in this respect a certificate signed by a director of EZY PRESENTATIONS as to the replacement cost shall be conclusive evidence of that cost.   Payment to EZY PRESENTATIONS of such replacement cost shall transfer title in the Equipment to the Hirer. Payment for transfer of title is NOT available on Barter trade and is only payable in NZ$ cash.

10 The Hirer acknowledges that the amounts payable under sub-clauses 9(a) and (b) are a genuine pre-estimate of the loss that would be suffered by EZY PRESENTATIONS if the Equipment is not Returned by the Return Time.

11 To the extent permitted by law and except as otherwise provided herein:
(a) all conditions, warranties and representations are hereby expressly negated and excluded; and
(b) EZY PRESENTATIONS'S liability to the Hirer arising in connection with the hire of the Equipment hereunder whether under common law, equity or statute and whether direct or indirect is limited to replacing or repairing the Equipment, supplying equivalent equipment or refunding any hire fees paid and without limitation excludes any liability whatsoever for any incidental, consequential or indirect damages.

12 This agreement may be terminated by EZY PRESENTATIONS immediately if:
(a) the Hirer has made any false statement in relation to any matter referred to in this agreement; or
(b) the Hirer fails to pay the Total Hire Fee when it becomes due; or
(c) the Hirer commits or suffers an act of bankruptcy or being a company goes into liquidation or provisional liquidation or has a receiver, manager or other external controller appointed; or
(d) execution or distress against the Hirer or the Hirer's goods is levied; or
(e) any insurance proposal or policy made or taken out by the Hirer in respect of the Equipment is declined or cancelled; or
(f) the Hirer causes or permits to be done or suffered any act or thing likely to endanger the safety or condition of the Equipment; or
(g) the Hirer is convicted of an indictable offence or is sentenced to imprisonment; or
(h) the Hirer fails to Return the Equipment by the Return Time.

13 In the event of termination of this agreement pursuant to clause 12 or if the Hirer otherwise breaches any provision of this agreement:
(a) EZY PRESENTATIONS shall have the immediate right to take possession of the Equipment;
(b) the Hirer grants to EZY PRESENTATIONS a licence to enter any premises where the Equipment may be located in the name of the Hirer and to exercise any right to possession;
(c) the Hirer shall pay to EZY PRESENTATIONS all expenses reasonably and properly incurred by EZY PRESENTATIONS by reason of it taking or attempting to take such possession of the Equipment and shall otherwise indemnify EZY PRESENTATIONS against any other costs (including legal costs), expenses, claims or damages whatsoever arising out of the Hirer's breach.

14 The Hirer is responsible for ensuring that the Equipment is suitable for its purposes and EZY PRESENTATIONS makes no warranty in that respect.

15 Cancellation: Any cancellation of the agreement or part thereof will incur a cancellation fee. Cancellations within seven days prior to the rental period will incur a cancellation fee of 75 % of the agreed "Total Hire Fee". Cancellations within seven to fourteen days prior to the rental period will incur a cancellation fee of 50 % of the agreed "Toral Hire Fee". Cancellations within fourteen to twenty-one days prior to the rental period will incur a cancellation fee of 25 % of the agreed "Total Hire Fee". Cancellation fees are non-redeemable.

16 EZY PRESENTATIONS may assign either absolutely or by way of security it's rights under this agreement and/or to the Equipment.

17 No waiver by EZY PRESENTATIONS of any default, breach or repudiation of this agreement by the Hirer shall affect the rights of EZY PRESENTATIONS in respect of any further or continuing default, breach or repudiation.

18 This agreement shall be binding on the heirs, successors and assigns of the parties hereto.

19 In the event that any provision (or part thereof) contained in this agreement is rendered void, invalid or unenforceable, then such provision (or part thereof) shall be severed from this agreement without affecting the remaining provisions thereof.

20 Where there is more than one Hirer then the liability of each shall be joint and several.

21 In this agreement the word "person" or "persons" includes a corporation or any other legal entity.

22 No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement will prejudice or restrict the rights of that party.

23 This agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and contains all of the representations, undertakings, warranties, covenants and agreements of the parties.   This agreement supersedes all prior negotiations, contracts, arrangements, understandings and agreements with respect to such subject matter.

24 This agreement shall be governed by and construed in accordance with the laws New Zealand.

25
Any notice or other communication under this agreement shall be in writing addressed to the address of the parties shown in this agreement or to such other address as any party may notify in writing to the other and will be deemed to be duly received by or served on the addressee if by delivery in person, when delivered; if by post, seven days from the date of postage; if by facsimile transmission, on dispatch of the transmission; if by email transmission, on dispatch of the transmission.