Terms and Conditions

POTTERY WHEELS NZ LIMITED

These Terms will form our full agreement with you. By proceeding to hire our Pottery Wheels you are deemed to have agreed to these Terms.

1. DEFINITIONS
In these Terms
(a) “Hire Agreement” means the booking along with the acceptance of these terms and conditions
(b) “Hire Period” means the total period specified in the Hire Agreement, or such period as may be extended pursuant to clause 4.4.
(c) “Instructions” means the Instructions for Use contained in Schedule 1.
(d) “Terms” means these Terms and Conditions.
(e) “Us”, “we”, “Pottery Wheels” and (“the Company”) refers to Pottery Wheels NZ Limited.
(f) "You", “your” and “Hirer” refers to you, our customer.
(g) “Wheel” and “Wheels” means the pottery wheel you have hired and includes any accessories and attachments specified in the Hire Agreement.
(h) All prices include GST unless otherwise stated.
(i) References in these Terms to either singular or plural shall be deemed to include both singular and plural.

2. WE PROMISE:
(a) We only hire out good quality, clean safe and operational pottery wheels.
(b) We will respond as quickly as possible in the unlikely event that there is a problem with the Wheel or you require assistance.

3. YOUR OBLIGATIONS:
3.1 It is agreed that you shall:
(a) Use the Wheel only in accordance with the Instructions contained in Schedule 1 and for its intended purpose.
(b) Immediately switch the Wheel and the power outlet off, unplug the cord and stop use if the Wheel:
(j) appears to be damaged, or you suspect it might be damaged;
(ii) is making unusual noises; or
(iii) you are unsure whether it is working correctly.
If any of these occur please contact us as soon as possible and do not plug in the wheel again until we have agreed it is safe for you to do so.
(c) Clean the Wheel using ONLY A DAMP SPONGE AND WATER. NO SCRUBBING, EXCESSIVE RUBBING, SOLVENTS OR DETERGENTS.
(d) Return the wheel:
(i) by the Hire Return Date and Time specified when booking, unless an alternative date for return is agreed with us in advance in writing;
(ii) cleaned in accordance with clause 3.1(c) and Schedule 1; and
(iii) in the same condition and state of repair in which you received it.
(e) Provide payment in accordance with Clause 4..
(f) Be liable for the cost of:
(i) any repair or replacement required due to damage to the Wheel caused through a failure to comply with the Instructions contained in Schedule 1; and/or
(ii) any insurance excess payable by Pottery Wheels if theft or damage occurs to a wheel while it is in your care. Whether or not we make an insurance claim for theft or damage, shall be at the sole discretion of Pottery Wheels.
3.2 It is agreed that you shall not:
(a) Carry out any repairs or modifications to the Wheel
(b) Lend the Wheel to any other person or move the Wheel to a property other than the Customer Address specified in the booking without our prior written consent.

4. BOOKINGS, PRICE AND PAYMENT
4.1 You may request a booking via phone, social media, email or on the Pottery Wheels NZ Limited website. A booking is not confirmed until we have provided you with a quotation and you have accepted the quotation and agreed to these Terms.
4.2 All prices are GST inclusive, unless expressly stated otherwise.
4.3 Payment is due at the time of booking.
4.4 If you wish to extend your Hire Period, we require written confirmation of this prior to the Hire Return Date. If this is agreed by us a further invoice will be emailed to you and payment is due prior to the current Hire Return Date.

5. CANCELLATIONS
5.1 Bookings cancelled at least 7 days prior to the Hire Start Date will be refunded. 5.2 Bookings cancelled within 7 days of the Hire Start Date will be refunded less one weeks hire charge

6. DEFAULT AND TERMINATION
6.1 The Company reserves the right to terminate the hirage immediately if the Company, at the Company’s sole discretion, believes the Wheel, the Hirer or the Hirer’s environment may be unsafe for the operation or use of the Wheel. No credit for a shortened Hire Period shall apply.
6.2 You will be in default if:
(a) you fail to make payment pursuant to paragraph 4.
(b) you fail to return the Wheel by the Return Date specified in the Hire Agreement, unless a extension is agreed pursuant to clause 3.1(d)(i);
(c) you damage the Wheel; or
(d) you commit a breach of any of your obligations under these Terms.
6.3 If you are in default the Company may do any one or more of the following:
(a) require you to immediately cease using the Wheel and return it to us;
(b) require you to immediately pay to the Company all amounts you owe to the Company;
(c) require you to pay $30.00 per day, for each day you are in breach of clause 5.2(b); and
(d) exercise any rights that we have under these Terms or that are available to us at law.

7. LOCKDOWN
7.1 In the event of an impending National or relevant Regional Lockdown restricting non-essential travel or business we will require you to either:
(a) return the Wheel prior to the commencement of the Lockdown period, in which case we will reimburse you for any time paid for which you will not be in possession of the Wheel;
or
(b) confirm you will extend the hire period to cover the entire relevant Lockdown period, in which case we will email you invoices pursuant to clause 4.4.

8. IDENTIFICATION
8.1 We require to sight and copy photo identification for you when you collect the Wheel. This identification is kept in a secure place and will be deleted upon the return of the Wheel.

9. DISPUTES
9.1 Where any question, dispute or difference (“Dispute”) arises between the parties concerning or in any way arising out of these Terms or the performance of either party of the obligations and rights contained in these Terms, the parties will make a genuine effort to resolve the Dispute
before resorting to litigation.

10. FORCEMAJEURE
10.1 The Company shall not be liable for delay or failure to perform their obligations under these Terms if the cause of delay or failure is due to an event or series of events beyond our reasonable control.

11. NOTICE
11.1 Any notice given under these Terms must be in writing by email to the email address specified in the Hire Agreement.

12. GENERAL
12.1 These Terms replace any earlier oral representations, warranties, understandings and agreements and together with any quotation (if any), constitute the entire agreement between the Company and you.
12.2 You must pay the Company’s costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of the Company’s rights, remedies and powers under these Terms.
12.3 No failure or delay by the Company in insisting upon the strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters.

SCHEDULE 1 – INSTRUCTIONS FOR USE

Pottery Wheels is very safety conscious and it is essential that the Hirer exercises extreme care when using our Wheels. The following are precautions which are essential for the safe use of all our Pottery Wheels.

Place the Wheel on a flat, even surface in a dry space away from outdoor elements. Do not allow the wheel to stand in water.
Do not use the wheel or plug the wheel into a power socket if there is any water present on or around the control box, the power socket, cable or any other part of the wheel not intended to have contact with water.
Always turn the power off at the power outlet before you insert or remove a plug. Remove by grasping the plug, never pull the cord. Do not operate any switches, the plug, or power outlet with wet hands.
The power socket must be in the vicinity of the Wheel and under immediate supervision at all times.
Turn off and unplug the Wheel when not in use. Press the foot pedal all the way back “OFF” before turning the power switch off. Similarly ensure foot pedal is fully off before turning the wheel on. Turn off the ON/OFF switch and confirm that the power indicator light is off. Then switch the power outlet off and unplug the Wheel from the outlet.
Allow motor to come to a complete stop before changing directions of the wheel head.
Store foot pedal on table when not in use.
Clean the Wheel after each use. To clean the Wheel USE ONLY A DAMP SPONGE AND WATER, DO NOT USE DETERGENTS SOLVENTS OR A HOSE. NO SCRUBBING OR EXCESSIVE RUBBING. Remove splash pan and empty contents, sponge down wheel head, splash pan, table and legs. Clean floor of any surrounding water and wet clay.
Stop operation of the wheel immediately if you see or smell smoke, or if you hear unusual noises. Then immediately turn off the power, unplug the power cord from outlet (by grasping the plug, do not pull the cord). Then inform Pottery Wheels NZ of these issues.
Do not overload the wheel head with clay or force it to stop. Maximum clay weight should not exceed recommended weight for the Wheel. Recommended maximum weight for the Shimpo RK55 pottery wheel is 12kg.
Do not leave the Wheel running unattended.
Do not attempt to move or hold the Wheel during operation, or while the power is on as this could cause serious injury.
Take care when lifting the Wheel to avoid injury. It is advised to lift the Wheel with two people.
Do not lift the Wheel by the wheel head or tray.
Take care when transporting the Wheel to ensure it stays level and upright.
Do not remove the control box or panel covers.
Do not use the Wheel for any purpose other than it’s intended use (throwing clay).
Do not allow the Wheel to be used by any persons under the influence of drugs or alcohol.
Ensure any long hair is tied back and away from the Wheel. Do not operate the Wheel while wearing jewellery or loose fitting clothing. Take extreme care with long fingernails. Such items may get caught in the moving wheel head causing damage or injury.
Keep tools and small parts out of reach of small children.
Our Wheels are not intended for use by persons (including children) with reduced physical, sensory or mental capabilities, or lack of experience and knowledge, unless they have been given supervision and instruction concerning use of the Wheel by a person responsible for their safety.
Children under the age of 14 years old should be fully supervised if using a Wheel.
Please contact us as soon as possible if the Wheel is damaged, you suspect there may be damage, it is making unusual noises or you are unsure whether it is working safely and correctly.