Terms & Conditions

4 Hire New Zealand Ltd – Hire & Sales Terms & Conditions
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1. Definitions

1.1 “Owner” means 4 Hire New Zealand Ltd , its successors and assigns or any person acting on behalf of and with the authority of 4 Hire New Zealand Ltd .

1.2 “Hirer” shall mean the Hirer or any person acting on behalf of and with the authority of the Hirer.

1.3 “Equipment” shall mean all Equipment (including any accessories) supplied on hire by the Owner to the Hirer (and where the context so permits shall include any incidental supply of services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by the Owner to the Hirer.

1.4 “Price” means the Price payable for the Equipment hire as agreed between the Owner and the Hirer in accordance with clause 3 below.

2. Acceptance

2.1 Any instructions received by the Owner from the Hirer for the hiring of Equipment and/or the Hirer‟s acceptance of Equipment supplied on hire by the Owner shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Hirer has entered into this agreement, the Hirers shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Hirer the terms and conditions are irrevocable and can only be amended with the written consent of the Owner.

2.4 The Hirer undertakes to give the Owner at least fourteen (14) days‟ notice of any change in the Hirer‟s name, address and/or any other change in the Hirer‟s details.

3. Price and Payment

3.1 At the Owner‟s sole discretion the Price shall be either: (a) as indicated on any invoice provided by the Owner to the Hirer; or (b) the Owner‟s quoted price (subject to clause 3.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

3.2 The Owner reserves the right to change the Price if a variation to the Owner‟s quotation is requested.

3.3 Time for payment for the Equipment being of the essence, the Price will be payable by the Hirer on the date/s determined by the Owner, which may be: (a) on delivery of the Equipment; (b) before delivery of the Equipment; (c) by way of instalments/progress payments in accordance with the Owner‟s payment schedule; (d) for certain approved Hirer‟s, due twenty (20) days following the end of the month in which a statement is posted to the Hirer‟s address or address for notices; (e) the date specified on any invoice or other form as being the date for payment; or (f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Hirer by the Owner.

3.4 Unless by prior arrangement with the Owner, the Hirer will pay an amount equal to the estimated total charge plus a fifty percent (50%) by way of a bond (minimum bond $10.00).

3.5 On return of the Equipment, the actual total charges will be calculated and the Hirer will either pay the balance of the Price or be refunded the difference between the amount paid under clause 3.4 and the Price. Any refunds shall be calculated and available for collection from the Owner within twenty-four (24) hours.

3.6 Any agreed discount is claimable only if the account is paid in full on or before due date.

3.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Hirer and the Owner.

3.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Hire Period

4.1 Equipment may be hired for either; (a) the minimum period, or (b) on a daily basis, or (c) on a weekly basis, or (d) on a monthly basis, or (e) on an event basis in which case event hire rates shall apply

4.2 The Hirer acknowledges and agrees that the Owner may charge extra on any additional Equipment usage in excess of the time agreed at the commencement of the hire.

4.3 Hire periods are as follows;

(a) “minimum period” shall mean a period of four (4) hours (maximum usage 4 hours) or at the Owners sole discretion a period of two (2) hours (maximum usage 2 hours);
(b) “daily” shall mean one twenty four (24) hour period (maximum usage 8 hours)
(c) “weekly” shall mean 7 days (maximum usage 40 hours)
(d) “monthly” shall mean four (4) weeks each of five (5) working days (maximum usage 160 hours);
(e) “event rate” means hire for one ‘event’ only.

5. Delivery of Equipment

5.1 At the Owner‟s sole discretion delivery of the Equipment shall take place when; (a) the Hirer takes possession of the Equipment at the Owner‟s address or (b) the Hirer takes possession of the Equipment at the Hirer‟s address (in the event that the Equipment is delivered by the Owner or the Owner‟s nominated carrier); or (c) the Hirer‟s nominated carrier takes possession of the Equipment in which event the carrier shall be deemed to be the Hirer‟s agent. 4 Hire New Zealand Ltd – Hire & Sales & Terms & Conditions

5.2 At the Owner‟s sole discretion the costs of delivery are;

(a) included in the Price, or
(b) in addition to the Price, or
(c) for the Hirer‟s account.

5.3 The Hirer shall make all arrangements necessary to take delivery of the Equipment whenever they are tendered for delivery. In the event that the Hirer is unable to take delivery of the Equipment as arranged then the Owner shall be entitled to charge a reasonable fee for redelivery.

5.4 Delivery of the Equipment to a third party nominated by the Hirer is deemed to be delivery to the Hirer for the purposes of this agreement.

5.5 Any time or date given by the Owner to the Hirer is an estimate only. The Hirer must still accept delivery of the Equipment even if late and the Owner will not be liable for any loss or damage incurred by the Hirer as a result of the delivery being late.

6. Risk

6.1 The Owner retains property in the Equipment nonetheless; all risk for the Equipment passes to the Hirer on delivery.

6.2 The Hirer accepts full responsibility for the safekeeping of the Equipment and indemnifies the Owner for all loss theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the Hirer.

6.3 The Hirer will insure, or self-insure, the Owner‟s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment.

6.4 Further the Hirer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

6.5 The Hirer accepts full responsibility for and shall keep the Owner indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.

7. Title

7.1 The Equipment is and will at all times remain the absolute property of the Owner.

7.2 If the Hirer fails to return the Equipment to the Owner then the Owner or the Owner‟s agent may enter upon and into land and premises owned, occupied or used by the Hirer, or any premises where the Equipment is situated as the invitee of the Hirer and take possession of the Equipment, without being responsible for any damage thereby caused.

7.3 The Hirer is not authorised to pledge the Owner‟s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

8. Personal Property Securities Act 1999 (“PPSA”)

8.1 Upon assenting to these terms and conditions in writing the Hirer acknowledges and agrees that:

(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Equipment previously supplied by the Owner to the Hirer (if any) and all Equipment that will be supplied in the future by the Owner to the Hirer.

8.2 The Hirer undertakes to:

(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Owner may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, the Owner for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Equipment charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of the Owner; and
(d) immediately advise the Owner of any material change in its business practices of selling Equipment which would result in a change in the nature of proceeds derived from such sales.

8.3 The Owner and the Hirer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

8.4 The Hirer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

8.5 Unless otherwise agreed to in writing by the Owner, the Hirer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

8.6 The Hirer shall unconditionally ratify any actions taken by the Owner under clauses 8.1 to 8.5.

9. Security and Charge

9.1 In consideration of the Owner agreeing to supply the Equipment, the Hirer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Hirer either now or in the future, to secure the performance by the Hirer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

9.2 The Hirer indemnifies the Owner from and against all the Owner‟s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Owner‟s rights under this clause.

9.3 The Hirer irrevocably appoints the Owner and each director of the Owner as the Hirer‟s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 9 including, but not limited to, signing any document on the Hirer’s behalf.

10. Hirer’s Disclaimer

10.1 The Hirer hereby disclaims any right to rescind, or cancel any contract with the Owner or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Hirer by the Owner and the Hirer acknowledges that the Equipment is hired & goods bought relying solely upon the Hirer‟s skill and judgment.

11. Defects

11.1 The Hirer shall inspect the Equipment on delivery and shall within the same business day notify the Owner of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Hirer shall afford the Owner an opportunity to inspect the Equipment within a reasonable time following delivery if the Hirer believes the Equipment is defective in any way. If the Hirer shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage. For defective Equipment, which the Owner has agreed in writing that the Hirer is entitled to reject, the Owner’s liability is limited to replacing the Equipment.

12. Warranty

12.1 To the extent permitted by statute, no warranty is given by the Owner as to the quality or suitability of the Equipment for any purpose and any implied warranty, is expressly excluded. The Owner shall not be responsible or any loss or damage to the Equipment, or caused by the Equipment, or any part thereof however arising.

13. Contractual Remedies Act 1979

13.1 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.

14. Consumer Guarantees Act 1993

14.1 If the Hirer is acquiring Equipment for the purposes of a trade or business, the Hirer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Equipment by the Owner to the Hirer.

15. Default and Consequences of Default

15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Owner‟s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

15.2 If the Hirer owes the Owner any money the Hirer shall indemnify the Owner from and against all costs and disbursements incurred by the Owner in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Owner‟s collection agency costs, and bank dishonour fees).

15.3 If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.

15.4 Without prejudice to any other remedies the Owner may have, if at any time the Hirer is in breach of any obligation (including those relating to payment) under these terms and conditions the Owner may suspend or terminate the supply of Equipment to the Hirer. The Owner will not be liable to the Hirer for any loss or damage the Hirer suffers because the Owner has exercised its rights under this clause.

15.5 Without prejudice to the Owner‟s other remedies at law the Owner shall be entitled to cancel all or any part of any order of the Hirer which remains unfulfilled and all amounts owing to the Owner shall, whether or not due for payment, become immediately payable if:

(a) any money payable to the Owner becomes overdue, or in the Owner‟s opinion the Hirer will be unable to make a payment when it falls due;
(b) the Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.

16. Cancellation

16.1 The Owner may cancel any contract to which these terms and conditions apply or cancel delivery of Equipment at any time before the Equipment are due to be delivered by giving written notice to the Hirer. On giving such notice the Owner shall repay to the Hirer any money paid by the Hirer for the Equipment. The Owner shall not be liable for any loss or damage whatsoever arising from such cancellation.

16.2 In the event that the Hirer cancels delivery of the Equipment the Hirer shall be liable for any and all loss incurred (whether direct or indirect) by the Owner as a direct result of the cancellation (including, but not limited to, any loss of profits).

17. Privacy Act 1993

17.1 The Hirer authorises the Owner or the Owner‟s agent to:

(a) access, collect, retain and use any information about the Hirer;

(i) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Hirer‟s creditworthiness; or
(ii) for the purpose of marketing products and services to the Hirer.

(b) disclose information about the Hirer, whether collected by the Owner from the Hirer directly or obtained by the Owner from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Hirer.

17.2 Where the Hirer is an individual the authorities under clause 17.1 are authorities or consents for the purposes of the Privacy Act 1993.

17.3 The Hirer shall have the right to request the Owner for a copy of the information about the Hirer retained by the Owner and the right to request the Owner to correct any incorrect information about the Hirer held by the Owner.

18. Hirer’s Responsibilities

18.1 The Hirer shall:

(a) notify the Owner immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Hirer is not absolved from the requirements to safeguard the Equipment by giving such notification;
(b) satisfy itself at commencement that the Equipment is suitable for its purposes;
(c) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer‟s instruction whether supplied by the Owner or posted on the Equipment;
(d) ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to the Owner upon request;
(e) comply with all occupational health and safety laws relating to the Equipment and its operation;
(f) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to the Owner;
(g) keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment;
(h) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
(i) employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;
(j) not exceed the recommended or legal load and capacity limits of the Equipment;
(k) not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
(l) not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
(m) indemnify and hold harmless the Owner in respect of all claims arising out of the Hirer‟s use of the Equipment.
(n) Carry out the necessary checks (including by way of example, replenish oils, fluids, grease, water, fuels ) during and before returning the equipment
(o) Not take or use the equipment at any location other than that specified on the hire contract, with out the written permission of the owner
18.2 Immediately on request by the Owner the Hirer will pay:
(a) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to the Owner;
(b) all costs incurred in cleaning the Equipment;
(c) all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment;
(d) the cost of repairing any damage to the Equipment caused by the negligence of the Hirer or the Hirer‟s agent;
(e) any lost hire fees the Owner would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
(f) the cost of repairing any damage to the Equipment caused by vandalism, or (in the Owner‟s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Hirer;
(g) the cost of fuels and consumables provided by the Owner and used by the Hirer.

19. Damage Waiver

19.1 Damage waiver is not an insurance, but is an agreement by 4 Hire New Zealand Ltd that the Hirers liability for damage or loss of the equipment can be limited in some circumstances only, to an amount called the Damage Waiver excess

19.2 Not all hire equipment will be offered with Damage Waiver, and is offered to equipment only if nominated and included for in the hire contract, and if not included in the hire contract, will be the hirers full risk and liability for costs associated to damage and loss to the equipment in full accordance with these terms and conditions

19.3 Damage waiver were included for in the hire contract applies to loss and damage to the equipment only and does not include in any way what so ever losses incurred and/or claims against the hirer as a result of the use of the hire equipment

19.4 Damage waiver does not cover

a) Where the equipment is lost, stolen or incurred criminal damage as a result of not been suitably locked away or secured when unattended by the hirer
b) Where the equipment incurs damage & loss due to miss use, abuse, overloading, lack of checking the equipment referred to in clause 18.1and damage and loss in any way by water
c) Damage caused to tyres and tubes by blow out, bruises, cuts and kerbing as a result of using the equipment
d) Were the operator is affected by drugs and/or alcohol
e) Were the equipment is used in a remote location that causes greater risk to the Ownwer
f) Were the hirer has failed to advise the Owner of any damage or loss and comply with the Owners instructions
g) Were the hirer has failed to comply with all their obligations and requirements set out and specified in these terms & conditions

19.5 Damage Waiver Excess

19.5.1 In the event of any damage, theft or loss to the equipment which is covered by the Damage Waiver the hirer must pay immediately on demand by the Owner the excess charge, which will be 50 % of the full replacement/repair cost of the equipment, subject to a maximum amount of $5000.00 five thousand dollars for any one item/claim

20. General

20.1 The failure by the Owner to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Owner‟s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

20.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

20.3 The Owner shall be under no liability whatsoever to the Hirer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Owner of these terms and conditions (alternatively the Owner‟s liability shall be limited to damages which under no circumstances shall exceed the Price of the Equipment hire).

20.4 The Hirer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Hirer by the Owner nor to withhold payment of any invoice because part of that invoice is in dispute.

20.5 The Owner may license or sub-contract all or any part of its rights and obligations without the Hirer‟s consent.

20.6 The Hirer agrees that the Owner may amend these terms and conditions at any time. If the Owner makes a change to these terms and conditions, then that change will take effect from the date on which the Owner notifies the Hirer of such change. The Hirer will be taken to have accepted such changes if the Hirer makes a further request for the Owner to provide Equipment to the Hirer.

20.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

20.8 The Hirer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it

20.9 The hirer accepts that on uplifting the equipment, but having been handed a copy of these terms & conditions, the hire shall be bound to the terms & conditions, failure to sign the hire contract shall not negate the hirers responsibilities and obligations to perform and comply with all the terms & conditions specified in these terms & conditions

20.10 Were the hirer has an established monthly credit account with 4 Hire New Zealand Ltd and referred to as the customer on the application for monthly credit, form, then the term Hirer is equal to the term Customer as if they were the same, and should the customer have persons authorized to charge to their account that person is equally bound to these Terms & Conditions, BUT it is the customers over all full responsibility and liability in every way for the performance of their authorized person(s) to comply with in all respect with these Terms & Conditions.