Our T&Cs

POTTER&DABBLE LIMITED | RENTAL AGREEMENT TERMS AND CONDITIONS | November 2023 v1

1. CONSUMER CONDITIONS

1.1 The Rental Agreement terms and conditions set out below shall apply to and are incorporated into any contract for the rental of pottery Equipment between POTTER&DABBLE LIMITED (the “Owner”) and the consumer renting the Equipment (the “Renter”). Equipment includes, but not limited to, the Nidec Shimpo Whisper-T Pottery Wheel and Nidec Shimpo adjustable potters’ stool. together, (the “Contract”).

1.2 For the purposes of this Contract, “consumer” means the Renter who is a “consumer” for the purposes of the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986.

1.3 Nothing in this Contract affects, or attempts to exclude in any way, the Renter’s rights under the Consumer Guarantees Act 1993.

2. AMENDMENTS

2.1 The Owner may amend any terms of the Consumer Conditions at any time, at its sole discretion, by posting updated rental agreement terms and conditions on its website potteranddabble.co.nz.

2.2 Notwithstanding clause 2.1, the Renter will continue to be subject to the Consumer Conditions attached to, and in effect at the time the Renter entered, the Rental Agreement of the Equipment owned by the Owner. Any amended Consumer Conditions shall apply to a new contract or an existing contact only at point of extension, for the rental of the Equipment between the Owner and the Renter.

3. RENTAL CHARGES

3.1 The Equipment is available for rent for a minimum of one week (7 days). Rental length beyond 7 days can be booked in weekly increments.

3.2 The rental period begins from the time the Equipment leaves the Owner’s premises and runs until the Equipment is either (a) returned to the Owner at the place of rental in accordance with the booked return day and time made during the booking, (b) removed by the Owner as part of the delivery/pickup rental option, or (c) the Contract is terminated. Clauses regarding these are outlined throughout the Rental Agreement Terms and Conditions.

3.3 Pickup and return times slots are:

Mornings: Monday, Thursday and Friday between 9am - 12pm.

Afternoons and evenings: Wednesday and Thursday from 3pm - 7pm.

Alternative times can be made by arrangement, please add into notes at time of bookings or email [email protected].

3.4 The Renter shall upon booking of the Equipment, pay the full amount for the rental, based on the agreed rental period as per 3.1. Pricing includes GST and Stripe transaction fee. Pricing is as follows:

3.4.1 Nidec Shimpo Whisper-T pottery wheel NZ$70 per week (7 days), including GST.

3.4.2 Nidec Shimpo Whisper-T potters’ stool NZ$20 per week (7 days), including GST.

3.5 Equipment is charged at a per week rate, irrespective of whether the Renter wishes to return the wheel earlier than 7 days.

3.6 All pricing is in NZ dollars and includes GST, unless otherwise stated.

3.7 Fully refundable security deposit. To secure the rental, Stripe, our payment provider, will place a temporary hold of NZ$300 onto your credit card. This is called a ‘pre-auth’ or ‘authorisation hold’. This authorisation hold will take place when the rental commences (not at time of booking), and these funds will be unblocked/released once the Equipment is returned and signed for in accordance with our full terms and conditions. Due to the nature of how pre-authorisations are created with Stripe, they only last for 7 days. If your rental for longer than 7 days, POTTER&DABBLE LIMITED have your permission to place a new hold on your credit card, at the start of the following 7-day rental period. This will happen every 7 days for the duration of the rental period. Please contact [email protected] if you would prefer to make a bank transfer of the NZ$300 security deposit than have Stripe place a temporary hold of these funds on your credit card.

3.8 Proof of identity - Your driver’s license number is requested at time of booking. The Owner reserves the right to view the license prior to the commencement of the rental.

3.9 Proof of address – Your billing address and the address (if different) of where the Equipment will be used/stored during the rental period is requested at time of booking. The Owner reserves the right to sight proof of address via either a bank statement or utility bill (less than 3 months old) prior to the commencement of the rental. The Owner has the right to refuse the rental, with no explanation provided. All funds paid in advanced will be refunded.

3.10 Extending the rental period: If the Renter decides to extend the rental, they will be required to contact the team at [email protected] more than 24 hours prior to the conclusion of the current rental. It is up to the sole discretion of the team at POTTER&DABBLE LIMITED on approving the rental extension. A weekly rate of NZ$70 will apply against the number of weeks the Renter would like to extend the rental for. The security bond will also be extended to reflect this. This will be released once returned and in accordance with our terms and conditions. If the Rental is unable to be extended, the Renter must return the Equipment as per the initial agreement.

4.0 DAMAGE

4.1 The Renter of the Equipment is fully responsible for any loss, theft, or damage (including accidental) that occurs whilst they have possession of the Equipment. This responsibility occurs from the time they have signed the rental form on pick up/delivery to when the pottery wheel is returned/picked up at the conclusion of the rental and signed for by a team member at POTTER&DABBLE LIMITED.

4.2 By renting the Equipment, in particular the Nidec Shimpo Whisper-T Pottery Wheel, you agree

4.2.1: to only using pottery clay, (purchased from a reputable New Zealand pottery supplier), on the wheel. Underglazing and glazing using the pottery wheel is not allowed. Permission may be granted for detailed underglaze paintwork to be done utilising the wheel. Please ask the team first at [email protected]. Please ensure cleaning is done during and after this process (outlined in clause 7). Permanent damage to the splashpan from unremoved glaze will be charged at NZ$150. No other substances are to be used on the wheel. If damage occurs to the wheel, then clause 5 applies.

4.2.2: Please do not throw clay directly on the wheelhead. A tempered hardboard bat and chamois is provided with every rental. This is to be placed between the wheelhead and the clay. Please ask if you are unsure how this works. Additional bats can be rented or purchased if required. Some clays can cause staining on the wheelhead, especially if it not cleaned regularly. Please do not use chemicals if this occurs. Please follow the cleaning instructions in clause 7. It is up to the sole discretion of POTTER&DABBLE LIMITED on whether a cleaning fee will be charged to remove the staining. In the unlikely event that we are unable to remove the staining, full replacement cost of the wheelhead will be charged.

4.2.3: The pottery wheel is not a toy. Do not leave children unattended near the wheel. Keep tools and small parts out of reach of children.

4.2.4: Do not overload the wheelhead with clay or force it to stop. Maximum clay weight should not exceed recommended weight for the wheel. Recommended maximum weight for the Nidec Shimpo-Whisper-T is 20kgs. Do not sit on the wheelhead, or place anything onto the wheelhead, except for the provided hardwood bat, chamois and your clay.

4.2.5: Please stop operation of the wheel if you smell or see smoke or hear any unusual noise. Shut off the power, unplug the power cable and contact the team at potter&dabble.

4.2.6: Do not use the wheel other than for throwing clay. The Nidec Shimpo Whisper-T pottery wheel is designed for the creation of ceramic art only. Do not place any items, other than ceramic materials onto the wheelhead. Water buckets and tools should be placed on the attached side tables. Do not insert hands or objects into openings or moving parts. Do not move or hold the wheel while power is on and be careful of loose-fitting clothes, long hair, long nails, and jewellery.

4.2.7: Power connection – connect the power cable to a 230V single phase AC power outlet only. Do not use with a generator or 3 phase power. This is in breach of our terms and conditions and will cause 4.4 and clause 5 will take effect. Do not connect multiple cables to the same outlet. This may cause fire by exceeding outlet capacity. Please ensure the power switch is off when you plug the power cable into the AC. Do not plug into or unplug from power outlet with wet hands.

4.2.8: Do not lift the wheel by the wheelhead or side tables. The wheel must be lifted by two people underneath the main body of the wheel. The wheel must be placed flat on a horizontal surface. The wheel may cause a vibration if the placement is not level.

4.2.9: Do not remove the bottom cover. There are electrical parts here which need to be protected from hands, water and other materials.

4.2.10: Do not place a TV, radio, or antenna close to the wheel as this may cause additional noise.

4.2.11: Repairs and/or modification by the Renter is prohibited. Any concerns with the wheel, the Renter must stop using the wheel, turn it off, and contact the team at [email protected] straight away.

4.3 In the unlikely event of damage to the Nidec Shimpo Whisper-T pottery wheel, the full retail rate for replacement parts will be charged. For example: Wheel head 300mm diameter NZ$140, 2-piece splashpan 480mm NZ$150. This will be taken out of the security deposit, as per the above rates. Any additional damage done that that exceeds the bond, clause 4.4 applies. Any remaining bond will be returned as per terms and conditions.

Damage to the Nidec Shimpo potters’ stool will be charged at the current full replacement value of NZ$125

4.4 Damage to any other part of the wheel including the motor or electrics will be costed and repairs will be charged to the Renter to restore the Equipment to the condition it was in at time of initial rental. If loss, or extensive damage has occurred to the wheel, where the repair cost exceeds the full retail price of the Equipment, a full replacement cost will be charged. This is at the discretion of the team at POTTER&DABBLE LIMITED and our suppliers. Currently RRP NZ$2,400. This will be invoiced, and full payment is expected within 24 hours, less your security deposit (if relevant). Late payment will be charged weekly at 10% of the full replacement cost. If there is any remaining time on the rental period, this will not be refunded. It is up to the sole discretion of POTTER&DABBLE LIMITED whether a replacement rental will be provided, this may only be considered if accidental damage has taken place and all monies have been paid in full.

4.5 Late return of the wheel will be charged at NZ$50 per day. If you wish to hire the wheel for longer, please contact the team at [email protected] to arrange. This is detailed in clause 3.10

4.6 The wheel will be inspected at the commencement of the rental and photos/video taken, as well as upon return of the wheel to avoid any unforeseen issues. This is for protection for both the Owner and Renter.

4.7 In relation to the PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA), the Renter acknowledges that the Equipment is owned by the Owner POTTER&DABBLE LIMITED

5.0 PAYMENT AND DEFAULT INTEREST

5.1 All Renter’s queries or issues with invoiced amounts must be raised with the Owner within 24 hours of the date on the relevant invoice so that any such queries or issues can be promptly reviewed and resolved. This does not apply to full replacement invoice (clause 4.4).

5.2 The Renter must immediately notify the Owner (within 2 hours) of any occurrence of mechanical defect, break down, theft, accident, or damage to the Equipment. This must be done via email at [email protected] and booking reference quoted. If the damage is to the components outlined in clause 4.3, the cost will be withdrawn from the security deposit, and used to purchase replacement parts. If the Owner can fix/replace the Equipment with 24 hours, the rental period and associate charges will not be affected. The Renter will be charged delivery fee of the replacement parts if appropriate.

5.3 Where replacement Equipment/components cannot be supplied by the Owner and/or the rental period is affected beyond 24 hours, the charges payable by the Renter will be adjusted to reflect the reduced rental period. (Any damage will be taken off the remaining of the rental charge and security deposit and the remainder will be charged).

5.4 Notwithstanding anything else in the Contract, where any occurrence of mechanical defect, break down, theft, accident or damage to the Equipment is a result of the negligent or reckless acts or omissions of the Renter, the Owner will be under no obligation to replace the Equipment and the Renter’s obligations to pay charges and any other sums to the Owner shall continue.

6.0 RENTER’S EXPERIENCE ON THE WHEEL

6.1 The Rental will not be made to those with no pottery experience. It is required that the Renter is in the process of completing or has completed a pottery beginners’ course. The Owner reserves the right to ask the Renter to demonstrate their experience to ensure proper use of the wheel. The Renter agrees to follow any directions from the Owner, and/or the manufacturer of the Equipment relating to the use and safety of the Equipment.

7.0 CLEANING

7.1 The Pottery Wheel must be cleaned thoroughly during and after each use, by clearing out slurry, water and clay remains. The splashpan is not designed to hold excessive water. Please empty out regularly while in use (otherwise it may leak). Any damage caused by splashpan leakage is the full responsibility of the Renter.

7.2 Once you have finished for the day, please wipe down the splashpan with a damp sponge (provided) and then remove the splashpan for cleaning. Do not leave the splashpan outside in the sun as it may warp or discolour the plastic. Then wipe down the wheelhead and side table using the provided sponge. Please turn the power switch off and unplug the power cable prior to cleaning. Do NOT pour water on the wheel or use a hose to clean it. Doing so is in breach of the terms and conditions, and any damage to the electrics and/or components will be charged to the Renter.

7.3 Please do not tip clay slurry down the sink or into the drain, as this has potential to clog your drainage pipe. Any damage caused is the full responsibility of the Renter.

7.4 The pottery wheel must be returned clean and ready to use. An additional cleaning fee of NZ$50 will be charged if the Renter returns the wheel excessively dirty or the wheelhead is stained (because the provided bat and chamois were not used). This is at the Owner’s sole discretion. The Owner will advise the Renter at the time the Equipment is returned and notify the Renter of the relevant cleaning fees either: (a) at the time the Renter returns the Equipment; or (b) as soon as reasonably practicable after the Renter returns the Equipment. The cost will be taken out of the security deposit.

8.0 LOCATION AND STORAGE OF THE WHEEL

8.1 The Equipment must only be used inside a garage, inside a home or under a fully covered balcony that is not exposed in any way to the weather. The wheel must be placed horizontally on a flat, hard surface such as concrete, internal floor coverings, wooden floor, deck or on a solid table (if using without legs) while in use. Please contact the Owner if you are unsure on placement of the Equipment.

8.2 The Equipment MUST be stored inside, either in a house or enclosed garage that is fully waterproof. Please unplug and place the plug onto the wheelhead. Please also place the pedal and cable onto the wheelhead.

8.3 The Owner is not responsible in any way for any damage done to the Renters property because of the wheel or the use of pottery clay and/or water. The Renter has full responsibility to ensure that appropriate floor covers are used to protect any floor coverings.

9.0 DELIVERY AND REMOVAL

9.1 Delivery and removal charges are payable by the Renter and are in addition to the rental charges. This is charged at

9.1.1: Area A: NZ$40 for delivery (one way) to Dairy Flat, Milldale, Millwater, Owera, Red Beach, Silverdale, Stillwater, Waitoki. These areas are defined by google maps

9.1.2: Area B: NZ$70 for delivery (one way) to Coatesville, Gulf Harbour, Hatfield's Beach, Stanmore Bay, Manly, Wainui. These areas are defined by google maps

9.1.3: For delivery and removal charges outside these areas, a quote will be provided by the Owner prior to the commencement of the rental. Full payment for both the delivery and removal to be made into the account of POTTER&DABBLE LTD prior to the rental taking place. Account details will be provided on the quote.

9.2 Delivery fees kilometers are determined from Dairy Flat. One way is calculated from Dairy Flat to your delivery address and back to Dairy Flat. Delivery fees are determine by IRD KM rates charged at NZ$0.95 per kilometer, plus hourly rate.

9.3 If Equipment is to be removed by the Owner, the Equipment must be fully cleaned and ready for pickup. An inspection will be done of the wheel prior to removing the wheel from the property. This may include plugging the wheel into an electrical source to check for any electrical damage. This electrical source must be provided by the Renter. This also applies if the Renter returns the wheel to place of pickup.

9.4 The Nidec Shimpo Whisper-T Pottery Wheel must be lifted by 2 people. The Owner will provide one person for lifting, and it is expected that the Renter also provides a person to assist with the lifting. The wheel weight is 45kg. The Owner is not responsible for any damage to the wheel or person while they are assisting with the lifting. If the renter fails to provide a person to assist with lifting, the booking will be cancelled and rebooked when the renter is able to provide a person to assist with the lifting. If this takes place during a booked delivery, full delivery charges will still apply. It is up to POTTER&DABBLE LTD whether the cancellation policy applies.

9.5 The Renter grants to the Owner, or will procure that the Owner is granted, an irrevocable right and authority to enter, and for the Owner to bring a vehicle at any time onto the place where the Equipment is to be used or is located to deliver and/or remove the rented Equipment either on the expiry of the rental period or on termination of the Contract.

9.6 Any requests for removal of rental Equipment must be arranged with the Owner prior to completion of the rental by email at [email protected]. The relevant removal cost will be notified to the Renter.

9.7 The Owner must provide the Renter with a return slip when the rented Equipment has either been finished with and is awaiting pickup or has been returned to the place of rental, and the Renter must retain such document as evidence that the Equipment has been returned.

9.8 If the renter is picking up the Equipment, the renter must provide an empty car boot, appropriate tie downs to secure the wheel (2 tie downs work well) and a blanket to cover the wheel. Please ensure your boot has appropriate hooks to attach the tie downs.

10.0 RIGHT TO TERMINATE

10.1 The Renter may terminate the Contract by notice with immediate effect if the Owner fails to comply with any term of the Contract, in which case the Renter will be entitled to receive a refund of charges paid to the Owner which may be pro-rated to reflect the reduced hire period, unless any damage to the Equipment is made, and therefore clause 4 and 5 apply.

10.2 The Owner may terminate the Contract by notice with immediate effect if: (a) the Renter fails to comply with any material term of the Contract; (b) the Owner believes on reasonable grounds that the Equipment may be at risk for any reason whatsoever, including the manner of its use by the Renter, or the Renter is unable to, or might be unable to, pay any charges in connection with the Equipment under these terms and conditions, or there have been (c) steps taken to appoint a receiver, manager, trustee in administration, liquidator, provisional liquidator, statutory manager, administrator or other like person over the whole or any part of the Renter’s assets or business.

10.3 Where the Owner terminates the Contract, the Renter indemnifies the Owner against, and shall pay to the Owner upon demand, any cost (including legal costs), claim, damage, expense, or liability suffered or incurred by the Owner whether arising directly or indirectly from the Owner acting to recover the Equipment or monies payable by the Renter pursuant to the Contract.

10.4 Upon termination of this Contract, the Renter shall deliver the Equipment to the Owner within 24 hours and shall pay to the Owner: (a) all Rental charges and other monies due to the Owner at the date of termination, including any damages. Pick up fees are also applicable if the Owner is required to pick up the Equipment from the Renter’s property.

11.0 ASSIGNMENT

11.1 The Renter shall not assign any of the Renter’s rights or interests under the Contract to any person, and shall not assign, sublet, charge or part with possession of the hired Equipment or any part of it. If this occurs, it will be deemed as theft, and clause 10 and clause 12.2 will take immediate effect.

11.2 The Owner may at any time assign its rights or interests, or any part thereof, (whether absolutely, or by way of security) or transfer its obligations or any part thereof under the Contract, to any person.

12. RENTER’S OBLIGATIONS

12.1 The Renter shall: (a) if the Equipment is intended to be used in a location or manner which is outside its usual or ordinary use, advise the Owner of the intended location and/or nature of use at the time of hiring the Equipment; (b) comply with any special conditions or exclusions (which may apply to specific Equipment or the nature or location of the Renters intended use of such Equipment) notified to the Renter prior to the Equipment leaving the Owner’s premises and detailed in the Contract Details; (c) take proper and reasonable care of hired Equipment (including keeping the pottery wheel secure when not in use and also cleaning the Equipment) and return it to the Owner at the end of the hire period (to the place of hire, unless otherwise specified in the Contract Details) in the same order and condition as at the commencement of the rental).

12.2 The Renter shall be responsible, and indemnify the Owner, for any loss, theft or damage to the rented Equipment that occurs as a result of the negligent or reckless acts or omissions of the Renter from the time the Renter takes possession of the Equipment until it is returned to the Owner’s possession including: (i) in the case of damage, the full cost of all repairs to restore the Equipment to the condition it was in at the time of hire; and (ii) in the case of loss, theft or unrepairable damage to the Equipment, the market value of the Equipment is currently NZ$2,400.

12.3 The Renter agrees not to remove, deface, or obscure any marks of identification or Ownership or registration on hired Equipment.

13.0 LOCKDOWNS

13.1 In the case of a government enforced lockdown, where either the Owner or the Renter cannot return the hired Equipment within the lockdown specifications, the Rental period will immediately cease, and the Equipment returned/picked up (within 24 Hours) as though the rental period has ended, and the Renter will be reimbursed for any rental period outstanding. Alternatively, the Renter can request to continue to rent the Equipment for the entire relevant lockdown period. This can be agreed in writing with the Owner and appropriate charges agreed upon. This is up to the Owners discretion, and if agreement cannot be reached, then the contract period will cease immediately.

14.0 FORCEMAJEURE
14.1 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

15.0 CANCELLATION

15.1 Bookings cancelled prior to seven days of the commencement of the start date of the booking will be fully refunded.

15.2 Bookings cancelled within seven days prior to the commencement of the date of the booking will be refunded 50% of the booking.

16.0 LIMITATION OF LIABILITY, INJURY OR DAMAGE TO THE RENTER, THIRD PERSON OR PROPERTY. INDEMNIFICATION AND LIMITATION OF DAMAGE

16.1 As a consumer, the Renter is entitled to certain rights and remedies under the Consumer Guarantees Act 1993. For the avoidance of doubt, nothing in this Contract affects, or attempts to exclude in any way, the Renter’s rights under the Consumer Guarantees Act 1993.

16.2 The Renter agrees to indemnify and hold Shimpo and/or the Owner harmless from and against all claims and damages, imposed upon of incurred, arising directly or indirectly from the Renters failure to perform or satisfy any of the terms described in the terms and conditions. In no event shall Shimpo and/or POTTER&DABBLE LIMITED (OWNER) be liable for any injury or damage of any nature involving the Equipment, including incidental or consequential damage to persons or property, any economic loss or loss of use.

17. NOTICES

16.1 Notices shall be properly served on a person if delivered by hand or left at or posted in any prepaid letter addressed to that person at the confirmed address of the Renter specified on the Contract Details page. Service by post shall be deemed to be effected on the second day after the day on which the notice was posted.

18. GENERAL

18.1 Headings are inserted for convenience and shall not affect the construction of the Contract. The singular includes the plural and vice versa. Words with initial capitals have the meaning ascribed to them in context. Words implying one gender include the other. A reference to a clause or sub clause is a reference to a clause or sub clause hereof. A reference to Owner includes its servants, agents, successors, and assigns. The word “including” does not imply limitation.

18.2 If at any time any provision of the Contract is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, that will not affect or impair the legality, validity or enforceability of any other provision of this Contract.

18.3 Nothing expressed or implied in this Contract will constitute either party as the partner, agent, employee or officer of, or joint ventures with, the other party.

18.4 This Contract is governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

19. PRIVACY ACT 1993

19.1 The Owner requires personal information and will collect and hold personal information about the Renter, principally for the purpose of evaluating the rental of the Equipment by the Renter. The Renter’s application to rent Equipment may be declined or the rental terminated if the Renter fails to provide requested personal information. The Renter can access and seek correction of any personal information by contacting the Owner. The Renter agrees that its personal information may be used by the Owner to advise the Renter of the Owner’s other goods and services.