J.M INTENSE LIMITED TERMS AND CONDITIONS

These Terms and Conditions unless expressly altered or modified in writing by Intense Sound & Vision or Image Group NZ (referred to in these Terms and Conditions as 'INTENSE'), apply and shall be deemed incorporated in and form part of all contracts of hire, sale and/or technical and production services between you and INTENSE.

In these Terms and Conditions, whether you are hiring or purchasing goods, or engaging INTENSE to provide you with production management services, you are referred to as 'Customer’.

In these Terms and Conditions, whether you are hiring equipment or engaging INTENSE to provide production services, the job, project, concert, show or other name is referred to as an ‘event’.

1 TERMS OF ENGAGEMENT

1.1 The terms of the agreement between the Customer and INTENSE in relation to the services and hire of equipment will be as per the hire agreement form setting out particulars of the hire (Quotation Summary) and the terms and conditions set out below (together, Quotation Summary).

2 ACCEPTANCE

2.1 Notwithstanding that the Customer may not have signed this agreement, the acceptance by the Customer of any services and equipment being provided by INTENSE shall in itself constitute an acceptance of these Terms and Conditions, and of the charges stated on this Hire Agreement from acknowledgement of order.

2.2 The quotation provided is valid until 5.00pm on the date stated. After this day and time, the quotation is no longer valid and INTENSE reserves the right to re-quote or apply additional charges.

3 PERIOD

3.1 The hire period commences when the equipment leaves INTENSE's warehouse and is for the period stated in the Quotation Summary.

3.2 The hire period ends on the working day on which the equipment is returned to INTENSE before 10am. Any equipment returned after 10am shall be deemed to be returned before 10am on the next working day.

3.3 No allowance for credit for any reason will be made for time when equipment is not in use.

3.4 A "working day" shall mean any Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, or Sunday.

3.5 A “week” shall mean any continuous seven day period.

4 EQUIPMENT

4.1 The equipment hired is agreed to be as stated in the Quotation.

4.2 Any equipment stated in quotations, proposals, Quotation Summary or such like is subject to availability until the Quotation Summary has been signed and the job is confirmed.

4.3 INTENSE does not represent or warrant that the equipment supplied or its capacity or performance is fit for any particular use or purpose not known to and approved by INTENSE prior to the Hire Agreement being entered into.

4.4 While every endeavour is made to supply equipment as ordered, INTENSE reserves the right if necessary to substitute other equipment of similar functionality.

4.5 INTENSE will not be responsible for any delays, accidents or loss (including loss of profits), costs, expenses or damage of any kind whether direct, indirect or consequential, which may arise through defects or breakdowns of the equipment hired, the hire or use of the equipment or any technical assistance provided by INTENSE.

4.6 Where the hire of equipment under the Hire Agreement is for business purposes pursuant to sections 2 and 43 of the Consumer Guarantee Act 1993, the provisions of the Consumer Guarantees Act 1993 will not apply. Where the Consumer Guarantees Act 1993 does apply, nothing in the Hire Agreement shall limit or abrogate the provisions of that Act.

4.7 The Customer warrants that he/she is competent and qualified to use the equipment in the way or which it was designed.

4.8 The Hirer will ensure that all equipment will only be connected to certified electrical connections. This also includes electrical fusion, voltage irregularities and power spikes or problems from any other external source, howsoever caused.

4.9 The Owner reserves the right, at its discretion, at any time to inspect the equipment hired by the hirer to ensure that it is being used in the correct and proper way.

5 NON-SUPPLY

5.1 INTENSE will endeavour to supply equipment as ordered but is under no liability for non-delivery, delay in delivery or inability to supply when required.

6 LOSS OR DAMAGE

6.1 The Customer accepts full responsibility for all loss or damage howsoever caused from the time the equipment is taken from INTENSE's warehouse, depot or vehicle by the Customer or other carrier, until returned to INTENSE.

6.2 The Customer acknowledges that INTENSE has no insurance on the equipment while on hire and that it is the Customer's responsibility to arrange insurance to cover the equipment on hire for the hire period with the interests of INTENSE to be noted as a loss payee.

6.3 Within 24 hours of a written request by INTENSE, the Customer must deliver to INTENSE evidence satisfactory to INTENSE that the Customer has appropriate insurance cover in place.

6.4 The Customer shall pay to INTENSE full compensation for the replacement or repair of any equipment damaged or destroyed while on hire or not returned at the end of the hire period or on termination of the Hire Agreement.

7 DAMAGE WAIVER ON HIRE

7.1 If the Customer elects a damage waiver, which is available for certain items of equipment specified by INTENSE, and pays the damage waiver fee specified in the Quotation Summary, INTENSE will waive the Customer's liability under clause 5 for

7.1.1 Accidental damage provided that the Customer has at all times acted reasonably and without negligence in INTENSE's opinion

7.1.2 Theft of any equipment from secure locked premises provided that the Customer must immediately notify the police and INTENSE (providing full details of the theft and the police contact to INTENSE).

7.2 The Customer acknowledges that the disappearance, loss or damage to the equipment resulting from the negligence of the Customer, earthquake and war damage and breakages to glass are not covered by the damage waiver.

J.M INTENSE LIMITED TERMS AND CONDITIONS

7.3 If the Customer's use of the equipment or the location in which it is used is of an unusual type, the Customer must notify INTENSE before it takes possession of the equipment. INTENSE will then notify the Customer of any special conditions or exclusions that apply.

7.4 In any case of damage which falls within clause 6.1 and is not excluded by clause 6.2, the Customer must pay the excess charge of 33.3% of full replacement cost, with a minimum of $100.00 plus GST applying, up to a maximum of $1,000.00 plus GST for any one item of equipment.

8 CUSTOMER RESPONSIBILITES

8.1 The Customer shall only use the equipment for the purpose and within the limits for which it has been designed, and will not alter, repair, or modify the equipment. The equipment shall only be used in the locations specified, and shall not be removed without INTENSE's written consent from the location unless for the purposes of return.

8.2 In the case a building permit, building consent or land owners approval is required, it is the Customers responsibility to ensure these approvals are gained and pay any charges related to gaining them.

8.3 Equipment must not be re-hired or loaned by the Customer to a third party without the Owner’s consent.

9 CONSUMABLES

9.1 The Customer shall only use the consumables supplied or approved by INTENSE. Should consumables other than those supplied or approved by INTENSE be used, the Customer shall be liable for the cost of any repairs or replacement of the equipment as may be necessary.

9.2 Where spare lamps are provided with the equipment, the Customer shall return these at the completion of the hire. Should a lamp have to be replaced, the blown lamp is also to be returned to INTENSE prior to or at the completion of the hire. Should this requirement not be complied with, the Customer shall pay to INTENSE the cost of all the lamps not returned.

10 FAULTY OR DAMAGED EQUIPMENT

10.1 If the customer considers any equipment to be faulty as supplied, they must notify INTENSE immediately and the hire will cease from the time such notification is received, if the equipment is found to be faulty by INTENSE.

10.2 INTENSE will arrange where possible to service the equipment and remedy any fault that arises during the hire period. Where faults have arisen because of abuse or misuse, the Customer shall pay INTENSE the cost of repairing the fault.

10.3 The Customer will advise INTENSE in detail of any loss or damage to or breakage of any of the equipment within 24 hours of the loss, damage or breakage occurring. The Customer shall not use the equipment if such use would in any way aggravate the defect or otherwise prejudicially affect the equipment.

10.4 INTENSE may require the Customer to: (a) have the repair or maintenance carried out by a third party specified by INTENSE, or (b) arrange for the repair or maintenance to take place at a location specified by INTENSE.

10.5 If any equipment is damaged or INTENSE asks the Customer to do so, the Customer will immediately return the equipment to INTENSE.

10.6 Should there be any loss or damage to the equipment, the Hirer will pay INTENSE for the insurance excess or the actual value of the loss or damage whichever is the lesser. If any insurance claim is rejected, the hirer is liable for the full replacement or repair costs.

10.7 Damage caused by electrical fusion, voltage irregularities and power spikes are not covered.

11 RETURN OF GOODS

11.1 The Customer shall return the equipment on the due date. The Customer shall pay INTENSE for any overdue days at the rate equivalent to the first day multiplied by the number of overdue days.

11.2 Should any equipment be returned in a dirty condition, the Customer will pay INTENSE the cost of cleaning of the equipment.

11.3 If the Customer does not return any item of equipment or any part of an item of equipment, the Customer will pay all costs of replacing the equipment or part of the item of equipment.

12 DELIVERY

12.1 Hire charges are ex. INTENSE's warehouse or depot. The Customer shall pay INTENSE any freight or delivery charges incurred by INTENSE on the Customer's behalf.

13 PACKING AND CONTAINERS

13.1 INTENSE shall suitably pack all equipment. The Customer shall return all equipment appropriately packed using the packaging and containers supplied and will comply with any instructions provided by INTENSE. The Customer shall pay the cost of replacing any packaging and/or containers not returned at the completion of the hire or that is damaged.

14 PAYMENT

14.1 The Customer agrees to pay according to the payment terms for the hire period as set out on the Quotation Summary supplied.

14.2 Unless otherwise agreed, the Customer shall pay all charges before the hire commences. Failure to do so will result in INTENSE terminating the contract effective immediately.

14.3 Unless otherwise stated, all prices in the Quotation Summary exclude GST.

14.4 When paying via credit card, INTENSE will charge a 5% Credit Card surcharge to the total value of the invoice via our PayPal account.

15 FAILURE TO PAY BY THE DUE DATES

15.1 Failure to pay INTENSE by the Due Dates will put the Customer in default, and we may:

15.1.1 Charge interest on all overdue payments at the rate being the highest overdraft rate charged by the Customers bank from the due date until the date of payment.

15.1.2 Recover from the Customer (as a debt owing) all costs incurred in attempting to obtain payment, including legal costs (on a solicitor and own client basis), debt collection costs and administrative charges.

15.1.3 If payment is not received by the invoice date, any discount offered in the quotation will be withdrawn and charged to the Hirer.

J.M INTENSE LIMITED TERMS AND CONDITIONS

16 TERMINATION

16.1 If the Customer defaults in making any payment for a period exceeding two working days from the date when payment is due, or breaches any term or condition of the Hire Agreement, INTENSE shall have the right to terminate the hire immediately, and to take steps to recover possession of the equipment but without prejudice to INTENSE's rights to recover all amounts due for the full period of the hire and compensation for any damage or destruction to the equipment and the costs of exercising its powers under this clause.

16.2 INTENSE is entitled to terminate the Hire Agreement by notice in writing without prejudice to any rights, actions or remedies which have accrued or may accrue in favour of INTENSE if the Customer becomes insolvent or goes into liquidation, or does anything that could prejudice the rights of INTENSE, or fails to comply with its obligations under the Hire Agreement and does not remedy that failure within ten working days' notice from INTENSE requiring the failure to be remedied.

16.3 On termination of the hire, the Customer shall deliver up the equipment to INTENSE complete with all accessories, clean and in the same good order as supplied.

16.4 Notwithstanding termination of the hiring, the Customer shall be obligated to pay INTENSE a sum equivalent to hire fees at the rate specified herein in respect of any period from the date of termination of the hiring until the equipment is actually returned to INTENSE.

17 PROPERTY RIGHTS

17.1 All equipment remains the property of INTENSE.

17.2 The Customer undertakes to keep the equipment in the Customer's control and possession, and free from all encumbrances charges, liens and any other interests whatsoever.

17.3 The Customer shall allow INTENSE and its agent’s free and uninterrupted access to any premises where the equipment is installed/stored for the purposes of inspecting the said equipment.

17.4 All intellectual property in the equipment remains the sole property of INTENSE. The Customer cannot use or pass on to any third party any intellectual property in the equipment whatsoever without INTENSE's prior written consent, which may be withheld in INTENSE's sole discretion.

17.5 All intellectual property in quotations, proposals or project specifications and designs equipment remains the sole property of INTENSE. The Customer cannot use or pass on to any third party any intellectual property in the equipment whatsoever without INTENSE's prior written consent, which may be withheld in INTENSE's sole discretion.

18 OWNER'S LIABILITIES

18.1 INTENSE and the Customer agree that INTENSE will not be liable for any loss, damage or claim however arising as a result of the hire or use of the equipment.

18.2 The Customer hereby indemnifies INTENSE, its officers, employees, agents and sub-contractors against all claims whatsoever arising directly or indirectly from the hire, the Customer's possession or use of the equipment.

18.3 The Customer shall not have any claim against INTENSE for loss or damage suffered by the Customer as a result of the Customers use of equipment.

18.4 The Customer will indemnify INTENSE against any claim by a third person in respect of any loss, injury or liability arising from this hiring out of equipment hired by the Customer.

19 SECURITY INTEREST

19.1 The Customer acknowledges that if the equipment is hired for a period of more than one year, the Hire Agreement in respect of the equipment constitutes a security agreement for the purposes of the Personal Property Securities Act 1999 and the Customer grants a security interest to INTENSE in the particular equipment hired.

19.2 The Customer undertakes to sign any documents and/or provide any information which INTENSE may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register.

19.3 The Customer waives the Customer's rights to receive a copy of any verification statement in respect of any financing statement registered by INTENSE on the Personal Property Securities Register in respect of any equipment supplied by INTENSE to the Customer.

20 INDULGENCE

20.1 No indulgence waiver or further time granted to the Customer by INTENSE shall in any way prejudice INTENSE's rights under the Hire Agreement.

21 ASSIGNMENT

21.1 The Hire Agreement, Sale Agreement and/Technical Services Agreement cannot be assigned without the prior written consent of INTENSE.

22 ENTIRE AGREEMENT

22.1 Each of the Quotation, Diagram/Visual(s), Hire Agreement, Sales Agreement and Technical Agreement (Agreements) contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before the applicable Agreement was executed.

23 FORCE MAJEURE

23.1 In these terms a reference to force majeure means any of the following: an event caused by war, government action, strike, lockout, other industrial disturbance or labour difficulty, variation in customs duties, act of God, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, lightning, storm, flood, fire, earthquake, explosion, embargo, substitution of goods, shortage of supplies, increased shipping or other freight charges, premium on overseas funds, unavailability of or disruption to communication networks, infrastructure or services, unavoidable accident, lack of transportation, or anything done or not done by or to a person, government or other competent authority, except the party relying on force majeure.

24 GOVERNING LAW AND JURISDICTION

24.1 The Agreements are governed by the law of New Zealand. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

J.M INTENSE LIMITED TERMS AND CONDITIONS

25 SEVERABILITY

25.1 Each provision of the Agreements is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from these terms the relevant jurisdiction, but the rest of these terms will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

26 VARIATION

26.1 No variation of these terms or any of the Agreements will be of any force or effect unless it is in writing and signed by each party to the Agreement.

27 WAIVERS

27.1 A waiver of any right, power or remedy under the Agreements must be in\ writing signed by the party granting it. A waiver only affects the particular obligation or breach for which it is given. It is not an implied waiver of any other obligation or breach or an implied waiver of that obligation or breach on any other occasion.

27.2 The fact that a party fails to do, or delays in doing, something the party is entitled to do under the applicable Agreement does not amount to a waiver.

28 CANCELLATION AND POSTPONEMENT

28.1 A hirer has the right to cancel or postpone in writing any services at any time with the knowledge that the following conditions apply:

28.1.1 A cancellation fee will be incurred, calculated as follows:

28.1.1.1 Less than 14 days’ notice prior to delivery/collection/packin/installation date will incur a 25% of the charges/quoted amount.

28.1.1.2 Less than 7 days’ notice prior to delivery/collection/packin/installation date will incur a 50% of the charges/quoted amount.

28.1.1.3 Less than 48 hours’ notice prior to delivery/collection/packin/installation date will incur a 75% of the charges/quoted amount

28.1.1.4 Less than 24 hours’ notice prior to delivery/collection/packin/installation date will incur a 100% of the charges/quoted amount.

28.1.2 An event is postponed to a future date, within a 12-month period, a fee will occur calculated as follows:

28.1.2.1 Between Confirmation and 48 hours before the event starting, 10% of the charges.

28.1.2.2 Less than 48 hours before the event starting, 25% of the charges.

28.1.2.3 Less than 24 hours before the event starting, 50% of the charges.

28.1.2.4 Once equipment/services have left INTENSE premises, 100% of the charges.

28.2 If a postponed event is subsequently cancelled, any additional charges as set out in 28.1.1 will be incurred by the Customer.

28.3 INTENSE has the right to cease a hire of services on the grounds of Health and Safety at any time.

29 PANDEMICS

The following conditions apply to INTENSE’s Standard Terms & Conditions during any New Zealand Government response to a Pandemic that impacts on the event sector. These conditions apply at any Alert Level or restrictions that the New Zealand Government deems required based on a pandemic in either the community or in any Managed Isolation and Quarantine facilities (MIQ). As Alert Levels can change with a very minimum notice period, notice of cancellation must be in writing.

29.1 A cancellation fee of event will be incurred, calculated as stated in section 28.

29.2 An event is postponed to a future date, within a 12-month period, calculated as stated in section 28.

29.3 Alert Level change during an event:

29.3.1 If the alert level changes during the course of a physical event, INTENSE will work with the Customer on what is able to be done, to either reschedule the event, or move the event into an online environment. All charges to date will apply,

i.e. setup, operate, packout labour, and equipment hire, based on the number of days used. E.g. 2-day event, alert level changes at end of day 1, equipment and labour charges based on the 1 days of the event, and not on the scheduled duration of 2-days.

29.4 Alert Level change during dry hire of equipment:

29.4.1 If the alert level changes during a dry hire, and either the Customer or, INTENSE, can collect the equipment, the standard hire rate applies.

29.4.2 If the alert level changes during a dry hire, and either the Customer or, INTENSE, are not able collect the equipment, a 10% of the hire rate applies, per week/day, until the equipment is able to be either, returned by the Customer, or collected by INTENSE.

30 ALTERATION OF HIRE

30.1 The Customer can in writing request any change to services prior to an event.

30.2 The customer accepts any additional charges incurred due to a change made to services, including a change in location, date and/or time.

31 RE-INSTATING OF FACILITIES

31.1 INTENSE takes all due care to protect, maintain and avoid damage to property not owned by INTENSE. It is the Customers responsibility and obligation to reinstate any items damaged by INTENSE during the event at no charge to INTENSE.

32 SIGNATORY

32.1 The person signing the Terms of Trade or Quotation Summary for or on behalf of the Customer (if not personally the Hirer) warrants that they have the authority of the Hirer to make this contract on the Hirer’s behalf and that he/she is empowered by the Customer to bind the Customer to this agreement. The person so signing hereby indemnifies INTENSE against all losses and costs that may be incurred by INTENSE arising out of the person so signing the agreement failing to have such power authority.

32.2 In the case of a person entering into this agreement in a private capacity as Customer, the Customer by entering into this contract hereby authorizes the disclosure of personal information regarding this creditworthiness by any other party to INTENSE and that this personal information may be used by INTENSE to advise the Customer of INTENSE’s other goods and services. The hirer has rights to access to the correct personal information.