Terms and Conditions

LITTLE LEAPERS NZ LIMITED
TERMS AND CONDITIONS OF TRADE

1. DEFINITIONS
1.1 “Booking” means the order placed by the Customer for the hire of the Goods and/or Services
by the Company.
1.2 “Company” means Little Leapers NZ Limited, its successors and assigns or any person
acting on behalf of and with the authority of Little Leapers NZ Limited.
1.3 “Contract” means the terms and conditions contained herein, together with any quotation,
order, invoice or other document or amendments expressed to be supplemental to this
Contract, including any Schedule.
1.4 “Customer” means the Customer (as defined in the Schedule), any person acting on behalf of
and with the authority of the Customer, or any person acquiring Goods and/or Services from
the Company.
1.5 “Date of Delivery” means the date the Goods are delivered and/or the Services are
completed, unless otherwise agreed in writing.
1.6 “Goods” means any kind of equipment, or other items whatsoever, which may be available
for hire from the Company to the Customer, and includes parts and accessories, and as
defined or contained in the Schedule (and where the context so permits shall include any
supply of Services as hereinafter defined).
1.7 “GST” means the Goods and Services Tax arising pursuant to the Goods and Services Tax
Act 1985.
1.8 “Guarantor” means any person, persons, or entity, who agrees to be liable for the debts of
the Customer on a principal debtor basis.
1.9 “Price” means the price payable for the Goods and/or Services, inclusive of GST and
together with any other charges or disbursements due, as specified in the Booking.
1.10 “Quote” means any quotation, estimation or budget supplied by the Company to the
Customer for the Goods and/or Services and as defined or contained in the Schedule.
1.11 “Schedule” means any quote, account form, manufacture procedures or guidelines or any
other document provided by the Company to the Customer and attached to this Contract.
1.12 “Services” means all services provided by the Company to the Customer, and as defined or
contained in the Schedule (and where the context so permits shall include any supply of
Goods as defined supra).
1.13 “Working Days” means a working day as defined in the Companies Act 1993.
2. INTERPRETATION
2.1 In this Contract, unless it is stated to the contrary or the context requires otherwise:
(a) words importing the singular shall import the plural and vice versa; and
(b) a reference in this Contract to any law, legislation or legislative provision includes any
statutory modification, amendment or re-enactment, and any subordinate legislation or
regulations issued under that legislation or legislative provision; and
(c) a reference to the words “include” or “including” are to be interpreted without limitation.
3. ACCEPTANCE
3.1 These terms and conditions apply to all Goods and/or Services supplied to the Customer by
the Company.
3.2 Any instructions received by the Company from the Customer for the sale or supply of Goods
for hire and/or Services shall constitute a binding agreement and acceptance of the terms
and conditions in this agreement.

3.3 Where more than one Customer enters into this agreement, the Customers shall be jointly
and severally liable for all payments of the Price.
3.4 The Company reserves the right to withdraw offers to the Customer at any time prior to
acceptance.
3.5 Where the Customer is acting on behalf of any third party and that third party is intended to
be responsible for the payment of the invoice then in the event that the third party does not
pay the invoice when due, the Customer acknowledges that they shall be liable for the
payment of the invoice as if they had contracted the Company on their own behalf.
4. BOOKING
4.1 The Customer must make a Booking using the Company’s online system, or as otherwise
agreed with the Company.
4.2 The Customer acknowledges that when making the Booking, the Customer will provide all
information as reasonably required by the Company, including but not limited to: the
Customer’s contact details, the location where the Goods and/or Services are to be delivered
(“the Site”) and the Date of Delivery.
4.3 The Customer acknowledges that, in addition to the Site as provided in the Booking, the
Customer shall also provide an alternative indoor setting in the event of unfavourable
weather conditions (such as wind or rain).
4.4 The Goods shall be available to hire for a four-hour or an eight-hour session (“the Session”).
The Session will commence from the time agreed on the Date of Delivery and will end when
the Goods are returned to the Company or removed by the Company.
4.5 All Bookings include 10kms of travel to and from the Company’s premises in Geraldine. The
Company reserves the right to recover costs for any additional travel outside of the 10km
radius of the Company’s premises in Geraldine.
5. PRICE AND PAYMENT
5.1 Subject to clause 6, the Customer shall pay the Price in full at the time of making the Booking
and before the Date of Delivery, unless otherwise agreed in writing. The Customer shall not
be entitled to a refund or a reduced Price if the Customer chooses to return the Goods before
the end of the Session or on earlier termination of this agreement.
5.2 If any Quote is provided, and in the event of a significant variation from the Quote, the
Company will inform the Customer as soon as practicable.
5.3 Payment will be made by cash or direct credit, or as otherwise agreed between the Company
and the Customer.
5.4 If the Customer pays by credit card, the Customer agrees to indemnify the Company for any
cost arising in relation to and incidental of any amount owing as a result of using said credit
card.
5.5 Interest may be charged on any amount owing after the Date of Delivery at a rate of 2% per
month (compounded monthly).
5.6 The Customer will be liable for all reasonable costs of recovery incurred by the Company in
recovering any debt, including but not limited to:
(a) collection agency fees;
(b) legal fees (including costs on a solicitor client basis); and
(c) court costs inclusive of Disputes Tribunal.
5.7 Retentions are not allowed for this Contract. No monies shall be held back in the way of
retentions or performance guarantees.

6. BOND
6.1 Upon making the Booking, and in addition to the Price paid in accordance with clause 5, the
Customer shall pay an additional bond of $100.00 inclusive of GST (hereinafter referred to as
“the Bond”). For the avoidance of doubt, the Bond does not constitute part of the Price.
6.2 The Company may make reasonable deductions from the Bond for cleaning, maintenance
and travel pursuant to clause 4.5, at their discretion. This includes, but is not limited to, any
cleaning of food, drink, face paint or bubbles.
6.3 The amount remaining from the Bond after any reasonable deductions in accordance with
clause 6.2 will be refunded to the Customer within 1-2 Working Days after the Date of
Delivery.
6.4 In the event of a cancellation where the Goods and/or Services have not been delivered, the
Bond will be repaid in full.
7. DELIVERY
7.1 If the Customer requires the Company to deliver the Goods, the Company will deliver the
Goods and/or Services on the Date of Delivery to the Site as specified in the Booking, or as
otherwise agreed between the Company and the Customer.
7.2 The Customer shall grant or procure that the Company is granted an irrevocable right and
authority to enter the Site for at least 45 minutes, or longer as reasonably required by the
Company, on the Date of Delivery to allow the Company to deliver the Goods and/or
Services and to collect the Goods from the Site after the Session or on earlier termination of
this agreement.
7.3 The Customer warrants that the Site will be accessible, clear and unobstructed on the Date
of Delivery. If the Site is not accessible, clear or unobstructed, the Company has the
discretion to:
(a) delay delivery of the Goods and/or Services;
(b) to cancel the Contract and to recover any reasonable costs from the Customer arising
from such cancellation; or
(c) to complete delivery and to recover any reasonable costs from the Customer arising
from completing such delivery while the site is inaccessible or obstructed.
The Company will not be liable for any costs arising from such cancellation or delay in the
delivery of Goods and/or Services arising under this clause.
7.4 In addition to clause 7.3, the Company may amend the Date of Delivery for the following
reasons:
(a) for any event directly or indirectly causing delay including, but not limited to: weather
conditions, labour disputes, strikes, accidents, fire, changed work sequence, lack of
information or approvals, or for any suspension of work; or
(b) if the Customer provides at least 14 days’ notice to amend the Date of Delivery,
provided the Goods and/or Services are available on the proposed Date of Delivery.
(c) If the parties otherwise agree to amend the Date of Delivery.
7.5 The Company shall not be liable for any delay or failure to perform its obligations if the cause
of the delay or failure is beyond its control.
8. SUBSTITUTE GOODS
8.1 In the event that the Goods and/or Services become unavailable prior to the Date of Delivery
due to damage or a failure beyond the Company’s control, the Company shall notify the
Customer as soon as practicable. The Company has the discretion to offer to the Customer:
(a) the right to select substitute Goods and/or Services of a similar quality;

(b) a credit to be used within 6 months of the Date of Delivery; or
(c) a full refund of the Price.
8.2 The Company shall not be liable for any loss arising directly or indirectly under this clause.
9. USE AND CARE OF PROPERTY
9.1 The Customer agrees to use the Goods in accordance with the Company’s instructions and
any further rules as defined in the Schedule. The Company will not be liable for any loss
caused by injury or damage arising from misuse of the Goods.
9.2 Further to clause 9.1, the Customer warrants that all persons who use the Goods shall be
competent and qualified to use the Goods, if applicable, and shall only use the Goods in the
manner it was designed to use.
9.3 The Customer must take proper and reasonable care of the Goods and must return the
goods in a reasonable condition at the end of the Session, or on earlier termination of this
Contract.
9.4 Notwithstanding clause 9.3, the Customer shall advise the Company if the Goods are
damaged during the Session as soon as practicable. The Company reserves the right to
recover any costs for any reasonable repairs or replacement of the Goods. If the amount
outstanding exceeds the Bond, the Company will invoice the Customer within a reasonable
time.
9.5 The Customer is responsible for any damage to the Goods by any party other than the
Company, whether malicious, negligent or accidental.
9.6 Time for payment of the invoice being of the essence, the payment of the invoice will be due
by the date specified on the invoice as the date for payment or otherwise on the 20 th day of
the month following the date of the invoice, unless otherwise agreed.
10. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)
10.1 All Goods supplied to the Customer for hire under this Contract shall remain the property of
the Company.
10.2 The Customer agrees that the hire of the Goods may, and that the acquisition of the Goods
does, create a security interest in the Goods to secure the full payment of all moneys payable
to the Company and the performance by the Customer of all its other obligations to the
Company. If the Contract constitutes a security interest, this document constitutes a security
agreement for the purposes of the PPSA.
11. CANCELLATION
11.1 Without prejudice to any other rights and remedies that the Company may have, the
Company may cancel this Contract at any time by giving written notice to the Customer. The
Company shall not be liable for any loss or damage whatsoever arising from such
cancellation.
11.2 The Customer may cancel this Contract by giving at least 7 days’ written notice to the
Company, or within a reasonable time, as otherwise agreed by the Company. The Customer
shall not be entitled to cancel the Contract once the Goods and/or Services have been
delivered.
11.3 In the event the Customer wishes to cancel the Contract and the Company approves such
reason for cancellation, the following will apply:
(a) If the Customer provides at least 7 days’ written notice to cancel the Contract, the
Company may provide a full refund of the Price less a $50.00 administration fee;
(b) If the Customer provides between 48 hours to 7 days’ written notice to cancel the
Contract, the Company may provide a refund of 50% of the Price;

(c) If the Customer provides less than 48 hours’ written notice to cancel the Contract, the
Customer is not entitled to a refund of the Price.

11.4 The Customer will be refunded for their Bond in the event of a cancellation pursuant to this
clause.
11.5 The Customer acknowledges that the Customer is not automatically entitled to any remedy
pursuant to clause 11.3.
11.6 For the avoidance of doubt, the Customer will not receive any refund for a cancellation due to
unfavourable weather conditions (such as wind or rain).
11.7 The Customer indemnifies the Company against, and shall pay to the Company upon
demand in writing, any cost (including legal costs), claim, damage, expense or liability
suffered or incurred by the Company whether arising directly or indirectly from the Company
acting to recover any Goods or monies payable by the Customer pursuant to this Contract, or
otherwise in connection with the exercise or attempted exercise of any of its rights or
remedies under this Contract.
11.8 In the event that the Customer wishes to cancel the Contract the Customer shall pay all
actual and reasonable costs and expenses incurred by the Company together with a
reasonable administration fee as a direct result of the cancellation (including, but not limited
to, any loss of profits).
12. FORCE MAJEURE
12.1 Neither party shall be liable for any defect due to any act of God, war, terrorism, civil
disturbance, riot, Government intervention or regulations, Council conditions or
specifications, strike, lock-out, industrial action/dispute, fire, flood, storm or other event
beyond the reasonable control of either party (“Force Majeure”).
13. LIMITATION OF LIABILITY
13.1 Without restricting the limitations of liability contained elsewhere in this Contract, the
Company’s liability in relation to the supply of the Goods and/or Services is limited to the
Price in respect of which such liability arises.
13.2 The Company shall not be liable to the Customer for any direct, indirect or consequential loss
and/or expense (including loss of profit), loss or damage however so arising.
13.3 Where the Company is a sub-contractor for the Customer the Customer will be in control of
the worksite.
14. CONSUMER GUARANTEES ACT
14.1 Where the Company is supplying the Goods and/or Services to the Customer for business
purposes, within the meaning of the Consumer Guarantees Act 1993, then:
(a) pursuant to section 43, the provisions of that Act will not apply to this Contract; and
(b) The Customer is only entitled to such benefits as the Company may receive under any
guarantee given to them by the manufacture of any goods.

15. HEALTH AND SAFETY
15.1 The Company will comply with its obligations under the Health and Safety at Work Act 2015.
16. GUARANTOR RESPONSIBILITY
16.1 The Guarantor unconditionally guarantees to the Company:
(a) full payment of monies owing by the Customer; and
(b) indemnity of the Company for all damages, losses, costs and expenses arising from
any failure of the Customer to pay the monies.

17. DISPUTE RESOLUTION

17.1 If a dispute arises between the parties to this agreement, then either party shall send to the
other party a notice of dispute in writing adequately identifying and providing details of the
dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer
at least once, to attempt to resolve the dispute. At any such conference, each party shall be
represented by a person having authority to agree to a resolution of the dispute. In the event
that the dispute cannot be so resolved either party may by further notice in writing delivered
by hand or sent by certified mail to the other party refer such dispute to arbitration. The
arbitration should be under a single arbitrator agreed upon by both parties, or failing
agreement, by two arbitrators (one to be appointed by each party) and their umpire
(appointed by them prior to arbitration), such arbitration to be carried out in accordance with
the provisions of the Arbitration Act 1996.
18. GENERAL CONDITIONS
18.1 The Company may change these terms and conditions from time to time by notice to the
Customer in writing.
18.2 If the Company fails to enforce any term or exercise any right under these terms and
conditions, this will not constitute a waiver of that right.
18.3 The Customer may not assign or subcontract any rights or obligations under these terms and
conditions without the written consent of the Company.
18.4 If any provisions of these terms and conditions is held to be invalid or unenforceable for any
reason, the remaining provisions will remain in full force and effect and the parties shall
adjust their respective rights and obligations accordingly with the spirit and intent of the
parties shown by the terms and conditions.
18.5 The Contract shall in all respects be deemed to be a contract made in New Zealand and the
validity, construction and performance of the Contract shall be governed by the law of New
Zealand.

Little Leapers rules of play are as follows:

• Parent supervision is required at ALL times- safety never takes a holiday!
• Please adhere to the recommended age of 0-5 years
• No FACE PAINT, BUBBLES, shoes, food, drinks, confetti, water, or pens in the soft play area please!!
• Clean socks to be worn at all times
• And the most important rule of all - HAVE FUN!!!!

We look forward to being a part of your little ones special event & thank you so much for choosing us! 

- Jess and the Little Leapers team -