1.1 These Terms and Conditions of Trade ("Terms") apply to all quotations, offers, hire agreements and supply of goods and services by All Ears Events Limited (we, us, our) to any customer (you, your) in New Zealand.
1.2 By requesting a quotation, placing an order, signing an order or booking form, or allowing us to proceed with supply, you are deemed to accept and agree to be bound by these Terms.
1.3 These Terms prevail over any terms in your documents unless we agree otherwise in writing signed by an authorised representative.
1.4 Nothing in these Terms is intended to exclude or limit your rights under the Consumer Guarantees Act 1993 ("CGA") or Fair Trading Act 1986 ("FTA") where those Acts apply and cannot be contracted out of.
"Equipment" means all staging, screens, audiovisual, lighting, truss, sound systems, DJ systems, cabling and any other production equipment supplied or hired by us to you, including associated cases, accessories and consumables.
"Services" means all services supplied by us, including design, production management, site visits, installation, operation, pack-down, transport, storage, content handling, and technical support.
"Event" means the event, function, show, conference, activation or other occasion for which we provide Equipment and/or Services.
"Hire Period" means the period from when the Equipment leaves our premises (or such other start as agreed in writing) until it is returned to our premises and accepted back into our possession, or as otherwise agreed.
"Price" means the amount payable for the Equipment and/or Services, as set out in a quote, proposal, order confirmation or invoice, plus GST and any other applicable charges.
"Site" means the venue or location where the Event is to take place and where the Equipment and/or Services are to be provided.
3.1 Any estimate, quotation or proposal is an invitation to treat only, valid for the period stated in it, or if no period is stated, for 14 days. Availability of Equipment and personnel is always subject to confirmation at the time of acceptance.
3.2 Your booking is not confirmed until we have issued written confirmation (including by email) and, where required, you have paid any deposit and signed any required documentation.
3.3 You must carefully check the quote or confirmation and promptly notify us of any errors or omissions.
3.4 Any changes you request, including changes to dates, times, Site access, technical requirements or scope, are subject to our approval and availability, and may result in additional charges.
3.5 If, after confirmation, you reduce the scope of the Event or the Equipment and Services, minimum charges may still apply, and the cancellation terms in clause 8 may be triggered.
4.1 Unless we agree otherwise in writing, the Price is in New Zealand dollars (NZD) and exclusive of GST and any other government charges, which are payable in addition.
4.2 The Price is based on information you provide, including Event dates, times, Site conditions, access, power supply, and technical specifications. If that information is inaccurate or changes, we may adjust the Price.
4.3 Additional charges may apply, including for: (a) overtime or work outside standard hours, including public holidays; (b) delays or waiting time caused by you, your contractors, or the Site or venue; (c) additional labour or equipment required for safety or technical reasons; (d) Site access issues, for example stairs, long carries, or limited loading access; (e) parking, permits, or special access costs; (f) freight, delivery and collection, unless otherwise agreed in writing before the hire; (g) damage, loss, cleaning, or missing accessories; and (h) urgent or last-minute changes or call-outs.
4.4 Equipment, including cabling, returned in a dirty condition or otherwise requiring cleaning will incur a cleaning charge of $40 per hour, with a minimum charge of $40.
4.5 We may vary our standard rates at any time, but changes do not apply to a confirmed Event unless agreed.
5.1 We may require a non-refundable deposit of 50% of the Price, unless otherwise agreed in writing, to secure an Event date. The required deposit and due date will be set out in your quote or confirmation.
5.2 Unless otherwise agreed in writing, deposits are due immediately on acceptance, and the balance of the Price is due in cleared funds at least 5 working days before the Event.
5.3 Where we approve a credit account, payment is due on or before the 20th of the month following the date of invoice, unless otherwise stated.
5.4 If you fail to pay any amount when due: (a) we may charge default interest on the overdue amount at 1.5% per month, or part month, until paid in full; (b) you must pay all costs reasonably incurred by us in recovering the debt, including collection agency and legal costs on a solicitor-client basis; and (c) we may suspend or cancel further supply, including refusing to proceed with an Event.
5.5 You may not set off, withhold, or deduct any amount from sums due to us for any reason whatsoever, without our prior written consent.
6.1 Title and ownership in any Equipment hired to you remains with us at all times. You obtain only a right to possess and use the Equipment for the Hire Period in accordance with these Terms.
6.2 The Equipment is supplied in good working order at the start of the Hire Period. It is not represented as being new or in new condition. You must satisfy yourself before use that the Equipment is suitable for your intended use.
6.3 Risk in the Equipment passes to you from the earlier of when the Equipment leaves our premises, including where you or your carrier collect it, or delivery to the Site where we deliver. Risk remains with you until we have collected or accepted the Equipment back into our possession.
6.4 You are responsible for any loss, theft, damage or destruction of Equipment arising during the Hire Period, except to the extent caused directly by our negligence while the Equipment is under our sole control. This includes loss or damage caused by overloading, connection to an incorrect power supply, fire, theft, unexplained disappearance, or damage occurring in transit or storage.
6.5 You must: (a) take proper care of the Equipment and keep it secure; (b) not alter, modify, repair or interfere with the Equipment except as expressly authorised; (c) ensure only suitably trained and competent operators use the Equipment; (d) comply with all laws, venue rules, and safety instructions; and (e) not sub-hire, lend, or part with possession or control of the Equipment without our written consent.
6.6 If Equipment is lost, stolen, or damaged, with fair wear and tear excepted, you must immediately notify us, and you are liable for the full cost of repair or replacement, at our discretion, plus any loss of hire revenue up to a reasonable maximum period. The value of loss or damage will be assessed on the basis of the replacement cost of equivalent equipment or the cost of any repair work necessary.
6.7 Hire charges continue to accrue until the Equipment is returned or, where irreparable loss occurs, until settlement in full is made for replacement and any applicable loss of hire.
6.8 If you do not return the Equipment by the agreed return time and have not notified us in advance, hire will be charged at twice the standard hire rate for the period until the Equipment is returned, in addition to any amount payable under clause 6.7.
7.1 Delivery, installation and collection times are estimates only. While we will use reasonable efforts to meet any agreed times, you acknowledge that delays may occur for reasons beyond our control, including traffic, weather, or Site issues. We accept no liability for any loss arising from delays in delivery or transit.
7.2 You must ensure we have safe, timely and adequate access to the Site, including: (a) suitable loading and unloading areas; (b) safe vehicle access; (c) sufficient time for setup and pack-down; and (d) clear instructions and contact persons on Site.
7.3 You must ensure that any structural or rigging points, power, and other infrastructure required for the Equipment are available, compliant and safe. Unless agreed otherwise, we are not responsible for providing structural engineering sign-off for venues or third-party structures.
7.4 If we believe any Site condition is unsafe or unsuitable, we may modify the setup, substitute Equipment, or refuse to proceed with some or all of the work, and additional charges may apply.
7.5 You authorise us, or our agent, full access to the property where the Equipment is sited in order to deliver or recover the Equipment.
8.1 If you cancel a confirmed Event, in whole or in part, you must pay any non-refundable third-party costs we have incurred. In addition, if you cancel within 7 days of the Event, or on the Event day, a cancellation fee of 30% of the Price applies. If you cancel more than 7 days before the Event, no further cancellation fee applies. Any deposit paid under clause 5 is non-refundable in all cases.
8.2 If you request a postponement, we are not obliged to agree. If we do agree, any non-refundable third-party costs still apply, additional charges may apply, and if the new date is not confirmed within a reasonable time we may treat the booking as cancelled.
8.3 We may cancel or suspend an Event if: (a) you fail to pay any amount by the due date; (b) we reasonably consider that the Event or Site is unsafe or unlawful; or (c) circumstances beyond our reasonable control prevent performance.
8.4 Where we cancel under clause 8.3(c), you must pay all reasonable costs incurred up to the time of cancellation, but we will not charge for Services not provided.
9.1 Both parties must comply with the Health and Safety at Work Act 2015 and all applicable regulations, codes of practice and venue rules.
9.2 We will take reasonably practicable steps to ensure that our work and Equipment are safe, including by using competent personnel, following industry-standard safety practices, and using appropriate safety gear and procedures.
9.3 You must: (a) provide us with all relevant Site and Event health and safety information, including hazards, emergency procedures, and induction requirements; (b) ensure the Site is safe and suitable for our Equipment and personnel; and (c) ensure that your staff, contractors, performers and guests comply with all health and safety requirements relating to our Equipment and work area.
9.4 We may stop work if we consider there is an immediate or serious health and safety risk. Any resulting delay or variation may be charged as additional costs.
10.1 You must ensure that the Equipment, in particular sound systems, is used in a manner that does not cause unreasonable nuisance to neighbouring people or properties.
10.2 You are responsible for compliance with all noise limits, resource consent conditions, district plan rules, and venue requirements that apply to the Event.
10.3 If an excessive noise direction, or any similar notice or instruction, is issued by an authorised officer or venue, you must reduce sound levels or switch off the Equipment immediately as directed, and notify us as soon as reasonably practicable.
10.4 You are responsible for any fines, penalties, equipment seizure costs, or other losses arising from a breach of noise requirements at the Event.
11.1 You are responsible for obtaining all licences, consents, permits and clearances required for the Event, including for music (for example APRA or OneMusic licences), recorded content, branding and logos, and filming, photography and live streaming.
11.2 You warrant that any content you provide to us, including audio, video, images and logos, does not infringe the rights of any third party. You indemnify us against any claims, losses or costs arising from a breach of this warranty.
11.3 Unless you notify us in writing in advance, you consent to us using photographs or short video clips of our Equipment and setup at your Event for our own promotional purposes, provided that we do not disclose your confidential information or commercially sensitive details.
12.1 To the extent permitted by law, and subject to clause 1.4, all statutory or implied warranties, representations or conditions not expressly stated in these Terms are excluded, and we do not warrant that the Equipment or Services will be uninterrupted or error-free, especially where affected by third-party factors such as venue power, internet, or weather.
12.2 If you are in trade and acquiring the Equipment or Services in trade, and both parties agree in writing that the CGA does not apply, then the parties contract out of the CGA and of sections 9, 12A and 13 of the FTA, and it is agreed that it is fair and reasonable that those provisions are contracted out of.
12.3 Your sole remedies for any breach of these Terms, or any defect in Equipment or Services, are those set out in clause 13, subject to any non-excludable rights under New Zealand law.
13.1 To the maximum extent permitted by law, our total aggregate liability to you, whether in contract, tort, equity or otherwise, arising out of or in connection with an Event or supply under these Terms, is limited to the Price actually paid by you for that Event.
13.2 We are not liable for: (a) any loss of profit, revenue, business, goodwill, or anticipated savings; (b) any indirect, consequential or special loss or damage; or (c) any loss or damage to the extent caused or contributed to by you, your personnel, contractors, guests or the venue.
13.3 You must notify us in writing of any claim as soon as reasonably practicable, and in any event no later than 30 days after the Event or the relevant supply, failing which you waive and release us from that claim.
14.1 We hold such insurances as we consider appropriate for our business. Details can be provided on request.
14.2 You are responsible for arranging your own insurance for: (a) cancellation or postponement of the Event; (b) damage to the Site or venue; (c) public liability associated with your activities; and (d) any other risks not expressly accepted by us in writing.
15.1 Each party must keep confidential any information of the other party that is expressly marked as confidential, or that would reasonably be regarded as confidential, except where disclosure is required by law or made to professional advisors.
15.2 We may collect and use your personal information for the purposes of managing your account, providing Equipment and Services, improving our offerings, and marketing similar services to you, subject to applicable privacy laws.
15.3 You may contact us to request access to, or correction of, your personal information.
16.1 Neither party is liable for any failure or delay in performing its obligations, other than payment obligations, where that failure or delay is due to events beyond its reasonable control, including acts of God, severe weather, natural disasters, pandemics, strikes, lockouts, acts of government or regulatory authorities, or failure of utilities or key suppliers.
16.2 The affected party must notify the other party as soon as reasonably practicable and take reasonable steps to minimise the impact. If the force majeure event continues for an extended period, the parties will discuss in good faith options for postponement or termination.
17.1 We may terminate or suspend any supply immediately by notice to you if: (a) you fail to pay any amount when due; (b) you materially breach these Terms and do not remedy the breach within a reasonable time after notice; or (c) you become insolvent, go into liquidation, or a receiver is appointed over any of your assets.
17.2 On termination, all amounts owing to us become immediately due and payable, you must immediately return all Equipment in your possession or control or allow us access to recover it, and termination does not affect any rights or remedies that have accrued prior to termination.
18.1 These Terms, together with any accepted quote, order or written variation, constitute the entire agreement between the parties for the relevant Event and supersede any prior understandings.
18.2 If any provision of these Terms is held invalid or unenforceable, the remainder will continue in full force and effect.
18.3 We may assign or subcontract our rights and obligations under these Terms. You may not assign your rights or obligations without our prior written consent.
18.4 Any variation to these Terms must be in writing and signed or confirmed by an authorised representative of both parties.
18.5 These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.
By accepting a quote, paying a deposit, or confirming a booking with All Ears Events Limited, you acknowledge that you have read, understood and agreed to these Terms and Conditions of Trade.
All Ears Events Limited · Terms & Conditions of Trade · v1.0 · May 2026
Unit 20, 20 Southwark Street, Christchurch
All Ears Events Limited
20 Southwark Street, Christchurch
021 178 0355 ยท hello@allears.nz
Mon-Fri 9am-4pm