Terms and Conditions

Welcome to kiwigolfrentals.com by Kiwi Golf Rentals. We exist, via our website, to provide our customers with the best available rental golf equipment in Auckland, New Zealand. Along with our clubs to rent, we also offer golfing accessories for purchase.

By using kiwigolfrentals.com, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. When you purchase Accessories or rent Golf Equipment from Kiwi Golf Rentals, you accept these Terms and Conditions, and the specific conditions that apply to that Purchase or Rental notwithstanding that you may not have signed any agreement to purchase Accessories or rent Golf Equipment. Together these Terms and Conditions form a legal contract between you the "Customer" and Kiwi Golf Rentals, the "Supplier" when you purchase Accessories or rent Golf Equipment. As a condition to entering into this Agreement, you or any representative you designate must be 18 years or over and be able to present photo identification such as a passport or drivers license to Kiwi Golf Rentals Ltd or its representative upon delivery of the Accessories or Golf Equipment.

If you have any questions regarding these Terms and Conditions please contact us at info@kiwigolfrentals.com.


1. PRICE AND ORDERS

1.1 All prices are stated in New Zealand dollars (NZ$), and include Goods and Services Tax (GST). If you require a currency converter, click here for the XE Universal Currency Converter. The end user assumes all risk for the use of any information provided by XE's services.

1.2 Prices displayed on the website are subject to change without notice. Prices for items on an Order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.

1.3 The Customer will pay any customs duty, taxes, excess freight or other charges relating to completing delivery of the Order as advised by Kiwi Golf Rentals. Delivery and pick-up is free of charge within the Auckland CBD. Any other location a delivery and pick-up charge will apply. This will be charged to your credit card at a rate determined by your location described in your order. However, we will notify you in advance of the delivery and pick-up charge.

1.4 There is no obligation on the Supplier to inquire as to the authority of any person placing an Order on behalf of the Customer.

1.5 Kiwi Golf Rentals Ltd will make all reasonable efforts to provide you with the Golf Equipment you desire. However, please note that due to unknown factors such as Golf Equipment not being returned on time, insufficient time between you placing your order and requiring delivery, lost or stolen Golf Equipment, etc., all of our Golf Equipment is subject to availability. If the Golf Equipment you desire is unavailable, we may ask you to make alternative selections or we can provide you with a refund.

1.6 You may cancel this Agreement at any time prior to the “First Rental Day” (as defined below) by notifying Kiwi Golf Rentals Ltd. in writing including E-mail of your wish to cancel. Reservations cancelled less than 48 hours before the First Rental Day will be charged one-day’s rental for the type of package ordered.

1.7 If you or the representative you designate to accept delivery is not at the scheduled delivery location within 20 minutes of the scheduled time for delivery, then the reservation will be cancelled and your credit card shall be charged for one day’s rental, plus any applicable delivery charges.

1.8 We will do our best to accommodate any changes that you may wish to make to your booking, including any extensions that you may wish to make to the “Rental Period” (defined below). Please note, however, that any such changes are subject to availability, particularly when requested within 72 hours or less of your First Rental Day.

1.9 All Golf Equipment is subject to a $500 refundable bond. This will be automatically charged to your credit card when confirming your order. Upon return of the Golf Equipment Kiwi Golf Rentals will conduct an inspection. If we are satisfied that the Golf Equipment has been returned in full and undamaged we will credit $500 back to your credit card. This may take 2-3 working days to process. We are unable to refund your bond in cash. Should there be damage to, loss of, or cleaning required of the Golf Equipment, the cost of the repairs, replacement or cleaning will be deducted from the bond and any remaining balance repaid. In the event of the costs being greater than the bond the Customer will be liable for these extra charges. Golf Equipment consists of a driver, fairway woods, irons, wedges, putter, headcovers and bag. In the event of a loss that results in an incomplete set of irons, the Customer will be liable for a full replacement set of irons.



2. PAYMENT

2.1 All rentals and purchases that you make through Kiwi Golf Rentals will be transacted by means of a valid credit card at the time of making a reservation and/or purchase. The Customer hereby authorises Kiwi Golf Rentals to charge Customer’s credit card for any amounts due plus any late, lost, stolen, broken, non-returned Golf Equipment, and for all other amounts payable under these Terms and Conditions.

2.2 Kiwi Golf Rentals will charge your credit card for the amount due for the entire Rental Period or the Accessories when you make your reservation. Cancelled or changed reservations shall be subject to refunds or charges on your credit card pursuant to these Terms and Conditions.

2.3 Payment may be made by instalments if agreed to in writing by the Supplier. In the event of any default in payment by the due date the Supplier shall be entitled to charge interest to the Customer at the rate of 5% above the Supplier’s current bank’s overdraft rate calculated daily until the amount owing and all interest has been paid in full and the Golf Equipment has been returned, whichever is the latter. If default exceeding 7 days is made on any payment due on account of the Purchase of Accessories or Rental of Golf Equipment, or there is any other breach of these Terms and Conditions, then the Supplier reserves the right to terminate the sale or Rental Period forthwith, and to take any steps to recover possession of the Accessories or Golf Equipment without prejudice to the Supplier’s right to recover all amounts outstanding under these Terms and Conditions.


3. DELIVERY, RISK, SECURITY AND COLLECTION

3.1 Delivery of Clubs and Accessories Golf Equipment may be picked-up by one of two ways: a) You may pick-up the Golf Equipment at a location designated by Kiwi Golf Rentals Ltd; or b) You may arrange for Kiwi Golf Rentals Ltd. to deliver the Golf Equipment to you, in which case a delivery charge may apply. Please note the following: If you arrange for delivery you or a responsible representative that you designate to Kiwi Golf Rentals in advance, must be personally present to accept and sign for delivery. If neither you nor the person you designate to accept delivery is at the designated location within 30 minutes of the scheduled delivery time, then the reservation will be cancelled and your credit card will be charged for one day’s rental, plus any applicable delivery charges. You or your designated representative will be required to sign a copy if these Terms and Conditions and provide Kiwi Golf Rentals a form of photo identification such as a passport or a drivers license to accept delivery of the Golf Equipment.

3.2 Risk of any loss, damage or deterioration of or to the Accessories or the Golf Equipment passes to the Customer on delivery. For the avoidance of doubt, deterioration in this context does not include fair wear and tear. The Customer accepts full responsibility for loss or damage however caused from the time the Accessories or Golf Equipment is delivered to the Customer, the Customer’s representative or the Customer’s designated location. Insurance of the Golf Equipment during the Rental Period is the responsibility of the Customer. If any Golf Equipment is damaged or deteriorates this must be nevertheless returned to the Supplier.

3.3 The Customer acknowledges that the Supplier has a security interest under the Personal Property Securities Act 1999 (‘PPSA’) in all the Golf Equipment supplied by the Supplier together with any debts owing to the Customer from the sale by the Supplier of Accessories or the Rental of Golf Equipment and any subsequent monies collected from such a sale or Rental. The Customer will assist as required to ensure the Security Interest becomes a “Perfected Security Interest” as defined in the PPSA.

3.4 The Customer waives its rights under the PPSA to receive a copy of any verification statement and any financing change statement.

3.5 Return of Clubs and Accessories The Golf Equipment may be returned to Kiwi Golf Rentals by one of two ways: a. You may return the Golf Equipment to a facility designated by Kiwi Golf Rentals; or b. You may arrange for pick-up of the Golf Equipment by Kiwi Golf Rentals at your designated location. Pick up by Kiwi Golf Rentals may be subject to an additional charge. Unless your designated location is a hotel with a front desk, you or a responsible representative that you designate must be present while a Kiwi Golf Rentals representative checks in the Golf Equipment as an authorised return.

3.6 Repossession of Golf Equipment

a) The Supplier reserves the right to inspect the Golf Equipment at any time. The Supplier reserves the right to demand the return of the Golf Equipment or to repossess the Golf Equipment at any time and for any reason. This is particularly the case if the Golf Equipment is being used in a manner that violates the law, violates these Terms and Conditions, or if the Golf Equipment appears to be abandoned. The Customer waives, to the extent permitted by law, any and all rights to prior notice and/or hearing prior to the repossession of the Golf Equipment by Kiwi Golf Rentals, or by Kiwi Golf Rentals employees, agents.

b) In the event of repossession resulting from the Golf Equipment is being used in a manner that violates the law, violates the Terms and Conditions of this Agreement, or if the Golf Equipment appears to be abandoned, Kiwi Golf Rentals reserves the right to charge your credit card for the full Rental Period or for any period thereof. If the Supplier repossesses the Golf Equipment for any reason other than the Customer’s breach of these Terms and Conditions, the applicable rental fee will be adjusted to reflect the shorter Rental Period.

c) When repossession of the Golf Equipment has been demanded by the Supplier, the Customer consents to the Supplier, its servants and agents entering the Customer’s premises or any other premises where the Golf Equipment is located, using such force as necessary, to repossess the Golf Equipment. The Customer will provide the Supplier with all reasonable assistance in order to locate and collect the Golf Equipment. If the Golf Equipment is not available for collection at the nominated time and or place the Customer will be liable for any additional costs the Supplier incurs. The Supplier will not be liable for any damage to property caused by any person in collecting the Golf Equipment.

3.7 Calculation of Rental Period The Rental Period begins on the first day you rent the Golf Equipment (the “First Rental Day”) and ends on the day you return the Golf Equipment to us (the “Last Rental Day”).

3.8 Possible Additional Charges to Your Credit Card In addition to charges for the Rental Period, we may charge your credit card with following additional charges, under the following circumstances:

a) Failure to Return the Equipment: You are obligated to return the Golf Equipment to us on the Last Rental Day or upon our demand if we demand the return of the Golf Equipment sooner. Your failure to return the Golf Equipment to us for any reason, including if the Golf Equipment was lost or stolen may result in our charging your credit card the full amount of the manufacturer’s suggested retail price for the Golf Equipment, in addition to any charges for the Rental Period. We also reserve the right to file a police report against you or any other party, and you hereby waive all claims against Kiwi Golf Rentals for any consequences resulting from Kiwi Golf Rentals making such a report.


4. REFUND POLICY

4.1 If for any reason you are not satisfied with your Purchase or Rental please contact us directly.

4.2 If you do not provide us with more than 48 hours notice, we do not have to provide a refund if you have changed your mind about a particular Purchase, Rental or would like to cancel your Order, so please choose your Accessories and Golf Equipment carefully. A refund is at our discretion and is likely to incur a booking fee of 10% of the original purchase price. This booking fee covers the transaction charge that we incur for accepting your credit card transaction, our time in processing the Order and in refunding. You may also incur the return freight charge.

4.3 If the Accessories or Golf Equipment you have received are damaged, faulty or defective in anyway, notification must be made to the Supplier immediately. If Accessories or Golf Equipment are found by the Supplier to be damaged, faulty or defective this will be dealt with in accordance with clause 5.


5. WARRANTIES

5.1 In respect of any Accessories or Golf Equipment supplied to a Customer registered in New Zealand: to the extent the Accessories or Golf Equipment are acquired by the Customer for business purposes the Consumer Guarantees Act 1993 ("CG Act") does not apply;

  • the Customer agrees to indemnify the Supplier against any liability or cost incurred by the Supplier under the CG Act as a result of any breach by the Customer of its obligations under the CG Act to any person; and
  • nothing in these Terms and Conditions is intended to have the effect of contracting out of the provisions of the CG Act except to the extent permitted under that Act.


5.2 In the event of any Claim under these Terms and Conditions at the Supplier’s discretion Accessories or Golf Equipment may be repaired or replaced or the Price refunded. These are the sole remedies available to the Customer for default by the Supplier under these Terms and Conditions.

5.3 In any event, the Supplier’s liability arising out of any Claim or otherwise under these Terms and Conditions will not exceed the Price of the Accessories or Golf Equipment. No claim may be made against the Supplier for consequential damages or loss of profits.

5.4 The only guarantees agreed to by the Supplier are those confirmed by the Supplier in writing.

5.5 If Golf Equipment is found by the Supplier to be damaged, faulty or defective, the Rental Period will cease from such time notification from the Customer was received.


6. USE OF EQUIPMENT, FITNESS FOR PURPOSE & MAINTENANCE

6.1 The Accessories and Golf Equipment is agreed to be as stated on kiwigolfrentals.com.

6.2 To the extent permitted by law, the Supplier does not represent or warrant that the Accessories or Rental Equipment supplied or its capacity or its performance is fit for the purchase for which the Customer requires the same. The Supplier makes no express or implied warranty or undertaking, including, without limitation, the condition of the Golf Equipment, its merchantability, design, capacity, performance, material, workmanship, or that it will meet the requirements of any laws, rules, specifications, or contracts. The Customer acknowledges that it has not replied upon any statement or representation by the Supplier and acknowledges that under no circumstances to the extent permitted by law is the Supplier liable for any failure or unsuitability of the Golf Equipment to perform the purpose required by the Customer.

6.3 The Customer shall only use the Golf Equipment in a careful manner for the proper use and within the capacity limits for which it has been designed and will not attempt to alter, repair or modify the Golf Equipment. The Customer will not interfere or tamper with the Golf Equipment or let anyone else do so.

6.4 The Customer acknowledges that the Golf Equipment remains the absolute property of the Supplier at all times. The Customer undertakes the keep the Golf Equipment in the Customer’s own possession and control, and free of any liens, charges, encumbrances and any other interest whatsoever. The Customer will not remove any sticker or other identification on the Golf Equipment which gives notice of the Supplier’s ownership of the Golf Equipment.

6.5 On termination of the Rental the Customer shall deliver up the Golf Equipment clean and in order as delivered to the Supplier.

6.6 The Customer shall abide by all relevant statutory and common law obligations directly or indirectly relating to or touching upon its possession or use of the Golf Equipment including without derogating from the generality of the foregoing, the provisions of the Health and Safety in Employment Act 1992.

6.7 The Supplier shall at its expense when it deems necessary provide maintenance for Golf Equipment and shall use its best endeavours to expeditiously repair or replace Golf Equipment which may become defective during the Rental Period through no fault of the Customer. If the Golf Equipment does not operate properly the Customer shall notify the Supplier immediately and request instructions before taking any action. The responsibility for advising the Supplier of any need for maintenance rests with the Customer. The Supplier may at its sole and absolute discretion and for such length of time as it deems expedient replace Golf Equipment with another of such type or model as shall for the time being be available and Golf Equipment so substituted shall be subject to these Terms and Conditions.


7. EXCLUSION/LIMITATION OF LIABILITY BY KIWI GOLF RENTALS

7.1 Except to the extent expressly set out in these Terms and Conditions you acknowledge that Kiwi Golf Rentals will not be liable for any damage, loss, cost, Claim or expense arising out of or relating to:

  • The supply of Accessories or Golf Equipment to the Customer except to the extent expressly set out in these Terms and Conditions; or
  • Your use of this site or any ‘hot linked’ site, or
  • Your use of or reliance on information contained in or accessed through this site.


7.2 To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. This disclaimer does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the CG Act).

7.3 Subject to the other express provisions of these Terms and Conditions, the maximum liability of the Supplier to the Customer for any Claim relating to the supply of Accessories or Golf Equipment and services pursuant to these Terms and Conditions shall be limited to the value of those Accessories or Golf Equipment and services supplied.

7.4 The Supplier further disclaims any liability whatsoever for loss, damage, or injury to the Customer or third parties as a result of any defects, latent or otherwise, in the Golf Equipment. The Customer rents the Golf Equipment "As Is". The Supplier shall not be liable in any event to the Customer for any loss, delay, or damage of any kind resulting from defects in, or inefficiency of, Golf Equipment hereby hired or accidental breakage thereof.

7.5 The Customer shall indemnify the Supplier against, and hold the Supplier harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees, arising out of, connected with, or resulting from the Accessories, the Golf Equipment or its rental, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the Golf Equipment during the Rental Period.


8. SITE CONTENT / AVAILABILITY

8.1 Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, the Supplier makes no warranties or representations about the accuracy or completeness of this site, its contents or the content of any web site ’hot linked’ to or from this site, nor does the Supplier undertake to keep this site updated. The Supplier will not be liable for any damage, loss, claim or expense suffered as a result of the information on this site or any 'hot linked site' not being accurate or updated.

8.2 You must take your own steps to ensure that the process which you employ for accessing this site does not expose you to the risk of viruses or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system arising out of or relating to your use of this site or any ‘hot linked’ site. Any information which you transmit to us is transmitted through a secure internet system. All reasonable steps to ensure that this information is secure have been taken but we can not warrant all information will be secure at all times.


9. DEFAULT

9.1 If any Event of Default occurs, the Supplier may suspend or terminate these Terms and Conditions;

any Amount Owing will immediately become due and payable notwithstanding that the due date has not arisen; and/or

to the extent permitted by law, each security interest created by these Terms and Conditions will become immediately enforceable and the Customer must return the Accessories or Golf Equipment to the Supplier promptly on request or the Supplier may take possession of and Sell the Accessories or Golf Equipment and the Supplier has all the rights of a natural person in relation to the Accessories or Golf Equipment and all other rights conferred by law (including under Part 9 of the PPSA) in relation to the Accessories or Golf Equipment; and

the Supplier shall not be liable for any loss or damage that results from the exercise, attempted exercise or non-exercise by the Supplier of its rights under these Terms and Conditions or conferred by law.


10. INTELLECTUAL PROPERTY

The Customer acknowledges that the Supplier is the exclusive owner of all Intellectual Property in any Golf Equipment and related services supplied to the Customer under these Terms and Conditions or otherwise. The Customer will not claim any interest in the intellectual property in the Golf Equipment nor will it in any way attempt to or allow the copying or reengineering of the Golf Equipment. For the purposes of this clause ‘Intellectual Property’ means any patent, design, trade mark, copyright, know how, trade secret and any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, programme or other software (including, without limitation, source and object codes, specifications and process). The Customer also acknowledges that Kiwi Golf Rentals is the exclusive owner of the kiwigolfrentals.com website and owns all intellectual property rights including copyright in the form, display and content of the website.


11. FORCE MAJEURE

11.1 Without limiting the foregoing, neither the Supplier nor the Customer will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these Terms and Conditions or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a Force Majeure Event. Nothing contained in this clause will excuse payment of any money due or which becomes due under these Terms and Conditions.

11.2 The rights and obligations of either party which are affected by a Force Majeure Event will be suspended during the continuance of the Force Majeure Event, and either party claiming to be affected by the Force Majeure Event will give immediate notice to the other party containing full particulars of the Force Majeure Event. The party giving notice under this clause will take all reasonable steps to mitigate the effects of the Force Majeure Event and remove such Force Majeure Event provided that neither party will be required to remove any such Force Majeure Event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.

11.3 If the Force Majeure Event prevents or hinders performance of these Terms and Conditions for a continuous period of 20 days either party may, on not less than 10 days prior written notice to the other party, terminate any agreement made pursuant to these Terms and Conditions.


12. USE OF INFORMATION, PRIVACY POLICY AND EMAIL POLICY

12.1 The Customer agrees that the Supplier may obtain information about the Customer from the Customer or any other person including any credit or debt collection agencies and direct marketing activities, and the Customer consents to any person providing the Supplier with such information.

12.2 The Customer agrees that the Supplier may use any information it has about the Customer relating to the Customer’s creditworthiness and give that information to any other person, including any credit or debt collection agency for credit assessment and or, debt collection purposes.

12.3 The Customer acknowledges that kiwigolfrentals.com collects and retains information regarding visitors to the site, its Customers, Accessories purchased and Golf Equipment rented for the following purposes:

  1. Advising Customers of new offers
  2. To statistically analyse site usage, Accessories purchased and Golf Equipment rented
  3. To improve content, Accessories and Golf Equipment offering on the site
  4. To improve Customer ease and satisfaction.
  5. Assessing the Customer’s credit worthiness.
  6. Enforcing any rights under these Terms and Conditions.
12.4 Personal information collected for the above purposes will be retained by kiwigolfrentals.com in its database. You have the right under the Privacy Act 1993 to access any personal information held about you and to request correction of the kiwigolfrentals.com database. If so requested Kiwi Golf Rentals will make the requested correction if required by law. You can request correction to your personal information by sending an e-mail request to the following address info@kiwigolfrentals.com

12.5 By placing an Order for Accessories or Golf Equipment through the site you are also expressly authorising kiwigolfrentals.com to provide your details as entered on the site (including without limit your name, address, phone numbers and credit card details) to suppliers so they can process your payment for orders placed with them for Accessories and Golf Equipment and arrange for the delivery of those Accessories and Golf Equipment to you (note. kiwigolfrentals.com does not retain any details relating to credit cards used to order Accessories and Golf Equipment).

12.6 Other than as set out in these Terms and Conditions your information will not be made available to any other person, entity or organisation.

12.7 Where you have subscribed to a newsletter on the site or where you have provided your email address in the course of placing an Order you have authorised us to contact you by email to advise you of offers being advertised on the site. We may send further emails to advise you of newly released exclusive offers, particularly limited offers or offers which we think may be of particular interest to you.

12.8 You may advise us at any time that you no longer wish to receive from us notice of offers available through this site by emailing info@kiwigolfrentals.com and upon receipt of such advice we will remove your email address from the mailing list used by us for such offers.


13. WAIVER

13.1 If the Supplier exercises or fails to exercise or delays exercising any right or remedy available to it, this will not prejudice the Supplier’s rights in exercising that or any other right or remedy unless expressly specified in writing and signed by the Supplier.


14. NO ASSIGNMENT

14.1 The Customer must not transfer or assign its rights under this contract to anyone else without the Supplier’s prior consent in writing. The Supplier may assign or transfer any of its rights or obligations under these Terms and Conditions without the Customer’s consent. Each assignee or transferee is to have the same rights against the Customer under these Terms and Conditions as if named as the Supplier.


15. GOVERNING LAW

15.1 These Terms and Conditions will be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.


16. WORDS USED IN THESE TERMS

16.1 "Accessories" means all products supplied to the Customer by the Supplier under these Terms and Conditions now and at any time in the future.

16.2 "Amount Owing" means, at any time, all amounts owing by the Customer to the Supplier under these Terms and Conditions.

16.3 "Claim" includes any claim: for loss of profits; or for any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from:
  • any breach of the Supplier’s obligations under these Terms and Conditions; or
  • any cancellation of these Terms and Conditions; or
  • any negligence, misrepresentation or other act or omission by the Supplier or its employees, agents or contractors; or
  • for compensation, demand, remedy, liability or action.

16.4 "Customer" means the person, authorised agent, or legal entity purchasing the Accessories or renting the Golf Equipment from the Supplier pursuant to these Terms and Conditions, including that person’s successors and assigns.

16.5 "Event of Default" means an event where:
the Customer fails to comply with these Terms and Conditions; or
the Customer commits an act of bankruptcy; or
the Customer enters into any composition or arrangement with its creditors; or
if the Customer is a company:

a) the Customer does anything which would make it liable to be put into liquidation; or
b) a resolution is passed or an application is made for the liquidation of the Customer; or
c) a receiver or statutory or official manager is appointed over all or any of the Customer’s assets.or the Customer, its board or shareholders is considering appointing an administrator or liquidator; or
d) an administrator is appointed to the Customer; or
e) if anything analogous to or having similar effect to any of the other events arises.

16.6 “First Rental Day” means the first day you rent the Golf Equipment.

16.7 "Force Majeure Event" means the compliance by either party with an order or request of any governmental, provincial, local, public or military authority or person purporting to act therefore which is beyond their control or by reason of acts of God, fire, explosions, earthquakes, volcanic eruptions, storms, wars, hostilities, public disorders, quarantine restrictions, embargoes, strikes or other disturbances, or by reason of any other cause beyond its control whether or not similar to any of the foregoing.

16.8 “Golf Equipment” means all products supplied to the Customer by the Supplier on a Rental basis under these Terms and Conditions now and at any time in the future.

16.9 "Kiwi Golf Rentals" means Kiwi Golf Rentals, the owner and operator of the website, kiwigolfrentals.com, upon which the Accessories and Golf Equipment are being promoted and through which they are being sold.

16.10 “Last Rental Day” means the day you return the Golf Equipment.

16.11 "Order" means an order placed by the Customer with the Supplier for the purchase of Accessories or the Rental of Golf Equipment.

16.12 "Order Acknowledgement" means the acceptance of an Order communicated by the Supplier to the Customer whether by written notification or otherwise.

16.13 "Ownership" means the property in and legal and beneficial ownership to the Accessories or the Golf Equipment.

16.14 "Person" includes a corporation, association, firm, company, partnership or individual.

16.15 "Price" means the purchase price of the Accessories or Rental price of the Golf Equipment as most recently specified by the Supplier to the Customer in writing or otherwise (or, if no such price has been specified, the Supplier’s then-current market price for the Accessories or Rental price of the Golf Equipment) and any taxes or duties payable under clause 1.3 and any other costs payable by the Customer under these Terms and Conditions (including, without limitation, costs relating to transportation, storage and insurance).

16.16 “Purchase” means the agreement between the Customer and the Supplier for the sale of Accessories to the Customer.

16.17 “Rental” means Golf Equipment supplied on a Rental basis and includes all items, articles, accessories, documents, (including operating manuals) supplied with Golf Equipment.

16.18 "The Rental Period" begins on the first day you rent the Golf Equipment (the “First Rental Day”) and ends on the day you return the Golf Equipment to us (the “Last Rental Day”). No allowance will be made for time when Golf Equipment is not in use for any reason.

16.19 "Supplier" means Kiwi Golf Rentals, or if a different party, the Supplier of the Accessories or Golf Equipment identified in the Order submitted by the Customer to Kiwi Golf Rentals and each and every subsidiary and related body corporate at any time and, in each case its successors and assigns.

16.20 "Terms and Conditions" means these Terms and Conditions and, as the context requires, each contract entered into between the Customer and the Supplier for the supply of Accessories or Golf Equipment and each invoice issued by the Supplier to the Customer for Accessories or Golf Equipment into which these Terms and Conditions of sale are incorporated.

16.21 References to legislation includes as amended, re-enacted or substituted and any statutory instruments, regulations and orders issues under such legislation.


17. MISCELLANEOUS

17.1 If anything in these Terms and conditions is unenforceable, illegal or void, it is severed and the rest of the Terms and Conditions remain in force.

17.2 The Customer may not claim any counter claim or set off against any payments due to it by the Supplier.

17.3 The Supplier reserves the right to review and change these Terms and Conditions at any time and will notify the Customer of this in writing at which time the changes will take effect.