Conditions of Hire
- The Hirer acknowledges that he/she/it has inspected the equipment hired and is satisfied that the equipment hired is in clean condition and in good and substantial order, repair and condition.
- The Hirer acknowledges that no warranty or condition (express or implied) is given by the owner as to the condition of the equipment hired or as to the suitability or fitness of the equipment hired for any purpose.
- The Hirer will pay the hire fee anddelivery fee/pick up fee at the rate and in the manner specified from the commencement date of the hire until the equipment hired are returned by the Hirer to the premises of the owner.
- The hiring is personal to the Hirer and the rights of the Hirer are not assignable to any person, persons or company whatsoever.
- The words “the Hirer” include the servants, agents or contractors of the Hirer.
- All accessories, equipment and replacement parts which may be attached to or supplied by the Owner to the Hirer for use on or in connection with the equipment hired at any time during the hiring shall become part thereof and the words “the equipment hired” wherever used shall be deemed to include such accessories, equipment and replacement parts.
- The Hirer will at his own expense keep and maintain the equipment hired in a clean condition and good and substantial working order and repair.
- In the event of a breakdown or failure of the equipment hired, the Hirer will not have any repairs effected thereto by any person other than as the owner may nominate.
- Equipment is hired for the period specified on the Schedule for the Hire fee amd the delivery fee/pick up fee specified on the Schedule for that period PROVIDED THAT the Hirer agrees that the Owner may charge extra for any equipment usage in excess of the period specified and subject always to the Owner’s rights. The minimum daily rate applying to any such extra charge is as specified in the Schedule.
- The hire period begins from the time the equipment leaves the Owner’s premises or the date of this contract whichever first occurs and runs until the equipment is returned or this hire agreement is terminated.
- The Hirer shall pay as invoiced for the hire period for all materials used, loss and damage charges, delivery/removal costs, excess use charges, damage to or loss of the equipment, legal costs (if any), default interest for late payment.
Payment and Default Interest
- All charges are plus GST unless otherwise indicated in writing.
- For hire of equipment:
- The Hirer may be required to pay a deposit of not less than the estimated total charge.
- On return of the equipment in good order and condition, the actual total charges will be calculated and the Hirer will either pay or be refunded with the difference between the deposit and the actual total charge.
- Any agreed discount for charge account customers is claimable ONLY if the account is paid by the 20th THE MONTH following the date of invoice.
- The Hirer cannot make any claim for credit more than 14 days after the date of invoice.
- Without prejudice to the Owner’s other remedies under these conditions, the Hirer shall pay default interest at the rate of 2% per calendar month on all amounts not paid on due date until all monies have been paid in full.
- No credit shall be extended on overdue accounts.
- The Hirer shall pay to the Owner all costs and expenses incurred by the Owner in recovering money or connection with the exercise or attempted exercise of any of its rights or remedies under this contract, including commissions and legal costs on a solicitor client basis. The Hirer must make all payments due under this contract without set-off or deduction of any kind.
Delivery and Removal
- Delivery fee and pick up fee are payable by the Hirer in addition to the hire costs.
- The Hirer authorises the Owner to bring the Owner’s vehicle onto the place where the equipment is to be kept or is located to deliver and/or remove the equipment, either on the expiry of the hire period or on the breach by the Hirer of any term in this contract. The Hirer indemnifies the Owner against any cost, claim, expense or liability suffered or incurred by the Owner whether arising directly or indirectly from the Owner’s actions under this clause.
Owners right to cancel
- If the Owner believes the equipment to be at risk for any reason including but not limited to the manner of its use by the Hirer, adverse weather or work conditions, or that the Hirer is unable to, or might be unable to pay any hire charge the Owner may take such action as necessary to retake possession of the equipment. Accordingly, the Hirer grants the Owner an irrevocable right and authority to enter at any time onto any place where the equipment is situated or thought to be situated to remove the equipment.
- The Hirer indemnifies the Owner against any cost, claim, damage, expense or liability suffered or incurred by the Owner whether arising directly or indirectly from the Owner exercising its rights under this agreement to recover any equipment hired or monies payable by the Hirer pursuant to this contract.
- The owner will not be liable to the Hirer or any other persons for any loss suffered or liability incurred or occurring from cancellation or repossession of the equipment.
- The Hirer is responsible for any loss or damage to the equipment from the time the Hirer takes possession of the equipment until it is returned to the possession of the Owner. The cost of any replacement or repairs resulting from loss or damage shall be charged to the Hirer. The Hirer shall notify the Owner immediately if the equipment is lost, damaged, and shall follow any reasonable request by the Owner relating thereto.
- The Hirer shall:
- Take proper and reasonable care of the equipment and return it in good order and condition; and
- Carry out all necessary servicing at the HIRER’S OWN EXPENSE; and
- Satisfy themselves that the equipment is suitable for the intended use; and
- Use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of the equipment; and
- Immediately notify the Owner by telephone if the equipment breaks down; and
- Reimburse the Owner for any damage to or loss of or forfeiture of the equipment whatsoever arising including (by way of example and not limited to) any loss or damage caused by overloading of electric tools and motors, incorrect electric current, lack of lubrication, blow outs and cuts to tyres, disappearance or theft of equipment, fire, damage in transit, negligence, misuse;
- Indemnify the Owner for any writing on or defacing of hired equipment, or any damage to it;
- Not bring or threaten to bring any claim against the Owner for loss or damage incurred or threatened against the Hirer or arising directly or indirectly from the Hirer’s use of the equipment; and
- Indemnify the Owner against any claim made by any person against the Owner for any loss suffered or liability incurred arising directly or indirectly out of the Hirer’s use or possession of the equipment.
- The Hirer warrants that all persons who use the equipment shall be COMPETENT and QUALIFIED to use the equipment, shall use the equipment in the manner it was designed to be used, and follow any directions from the Owner, local authorities, codes of practice or from the manufacturer of the equipment relating to the use and safety of the equipment and shall comply with all obligations in relation to the use and control of the equipment.
- If the Hirer is not an individual, the person who signs this contract on behalf of the Hirer warrants that they have authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer.
All claims are subject to an excess charge of $750 for all plant all other equipment, 25% of replacement cost, with a minimum of $100 applying, up to a maximum of $1,000 for any one item of equipment.
Limitation of Liability
- The Hirer in entering into this contract acknowledges that the Owner shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (whether in contact or in tort) or arising by operation of law and whether suffered by the Hirer and/or third party for any amount that exceeds the amount actually paid by the Hirer to the Owner pursuant to this contract.
- If the Hirer is acquiring the services for the purposes of a business as defined in the Consume Guarantees Act 1993, the provisions of that Act do not apply.
- If at any time any provision of this contract is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, neither the legal validity nor enforceability of the remaining provisions hereof shall in any way be affected or impaired thereby to the intent that this contract should be construed as if the provision or part thereof in questions has been deleted.