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TERMS AND CONDITIONS
OF SALE, SEVICE AND TECHNICAL SUPPORT
EZY Presentations Ltd, PO Box 620, Pukekohe, New Zealand.
EZY Presentations Ltd is a New Zealand registered company
We" means EZY
Presentations Ltd, PO Box 620, Pukekohe, New Zealand. EZY
Presentations Ltd is a New Zealand registered company (AK/1094737).
means a contract
for sale by EZY Presentations Ltd to the Customer of the Products
incorporating these Terms and Conditions.
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
means the place
where the Products are situated as specified on Customer's
slip or otherwise agreed.
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.
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
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
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
"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:
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
normal wear and tear;
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;
problems caused by use of parts and components not supplied
by EZY Presentations Ltd;
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.
means the warranty period and conditions offered by the supplier
of EZY Presentations Ltd.
in respect of products manufactured or assembled by EZY Presentations
Ltd, two years from the invoice date;or
in respect of second hand products, the warranty period agreed
between EZY Presentations Ltd and the customer; or
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 by EZY Presentations Ltd or any freight company
appointed by the Customer or EZY Presentations Ltd.
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."
Goods are offered subject to availability.
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.
Purchase orders, once received and actioned, may not be cancelled
or varied without the written agreement of EZY Presentations
Freight and transit insurance are to the Customer's account
unless specified to the contrary by EZY Presentations Ltd
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).
Extra handling charges may apply for any products that are
not collected within the agreed time specified.
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.
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.
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.
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.
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
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.
Ownership and Risk
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
The Customer holds the goods as bailee for and in a fiduciary
relationship with EZY Presentations Ltd.
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.
The Customer must keep full and complete records of the goods;
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;
The Customer give EZY Presentations Ltd the right to inspect
the goods or any part of them at all reasonable times;
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;
The Customer waive The Customer's right under to PPSA to:
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
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
accession; and not
have any goods damaged when We remove the accession.
The Customer must not:
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
Lodge a change
demand or allow any other person to lodge a change demand,
case in relation to a financing statement registered
by EZY Presentations Ltd under the
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;
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;
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.
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
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.
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.
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:
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
The Customer shall nevertheless make any payments provided
herein upon the basis
such delivery has been affected.
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.,
Suitability of the Goods
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.
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.
Unless specified otherwise, EZY Presentations Ltd warrants
to the Customer that Products are covered by the Standard
Manufacturers Warranty during the Warranty Period.
the Warranty Period, EZY Presentations Ltd will repair or
replace Products returned to
Presentations Ltd under the following conditions:
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
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.
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.
Products will not be serviced without a complete SRF and SRN.
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
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.
EZY Presentations Ltd owns all parts removed from repaired
EZY Presentations Ltd may use new and/or reconditioned parts
made by various manufacturers in performing warranty repairs
and building replacement Products.
For the avoidance of doubt, the Warranty Period of a Product
is not extended
its repair or replacement.
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.
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
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.
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.
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.
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.
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.
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.
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.
CONSUMER GUARANTEES ACT
These Terms and Conditions shall be subject to the Consumer
("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.
Under the Act when implied conditions and warranties cannot
be excluded, EZY Presentations Ltd limits its liability as
in case of the Product, to:
of the Product; or
the supply of equivalent
the repair of the Product;or
the paying of the costs for
replacing the Product or requiring equivalent Product;or
the payment of the cost
of having the Product repaired;
in the case of Services,
to the supplying
of the Services again; or
the payment of the cost of having the Services supplied again.
TERMS AND CONDITIONS
OF HIRE AGREEMENT
" Rental Period: From" means:
the Equipment is to be collected by the Hirer the earlier
upon collection of the Equipment by the Hirer from EZY PRESENTATIONS;
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;
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.
PRESENTATIONS" means EZY Presentations Limited, PO Box 620,
Pukekohe, New Zealand. EZY Presentations Ltd is a New Zealand
registered Company (AK/1094737);
"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;
RSP" means the Recommended Selling Price.
means the person or persons named as hirer on the agreement;
Period: To" means where the Equipment is to be returned
to EZY PRESENTATIONS the earlier of:
return of the Equipment by the Hirer to EZY PRESENTATIONS;
return time specified on the front page of the agreement;
Hire Fee" means the agreed Total rental price for the equipment
inclusive of GST.
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
(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
(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
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
(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
(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
(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
(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
(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;
(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;
(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
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
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
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.
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.