Terms and conditions of Henderson Equipment Hire & Repair Services Limited (“owner”)
The conditions of Hire set out below shall apply to all contracts for the hire of goods (“equipment”) between the Owner and the person hiring the equipment (“Hirer”) and shall not be deemed or construed to be modified, amended, waived, in whole or in part, except by written agreement by the parties hereto.
2.1. Equipment may be hired for: (i) the minimum period; or (ii) daily, or (iii) weekly.
Such hire periods are as defined in Claused 2.2 (“hire period”) PROVIDED THAT the Hirer acknowledges and agrees that the Owner may charge extra on a hourly or daily basis for any equipment usage in excess of the maximum usage time.
2.2. Hire periods with minimum usage time in brackets are:
– “minimum Period” means 4 hours (maximum usage 4 hours)
– “daily” means (maximum usage 8 hours)
– “weekly” means five and half (5 ½) days (maximum usage 44 hours)
2.3. The hire period begins from the time the equipment leaves the Owner’s premises until the equipment is returned.
2.4. The hirer shall pay as invoiced for the hire period, materials used, loss and damage waiver charges (if applicable), delivery/ removal costs, excess use charges, damage to or loss of the equipment, cleaning costs (if any), default interest for late payment: all charges plus G.S.T. unless otherwise indicated.
3. PAYMENT AND DEFAULT INTEREST
3.1. The Hirer will pay a bond of not less than the estimated total charge.
3.2. On return of the equipment, the actual total charges will be calculated and the Hirer will either pay or be refunded the difference between the bond and the actual total charge.
3.3. Any agreed discount for charge account customers is claimable only if the account is paid by the 20th of the month following date of invoice.
3.4. Without prejudice to the Owners the remedies hereunder or at law or otherwise the hirer will pay default interest at the Owner’s current account overdraft interest rate (as certified by the Owner’s Banker) plus 2% on a day to day basis on all outstanding amounts from the end of the agreed hire period (for cash customers) or from the 20th of the month following date of invoice (for charge account customers until all moneys have been paid in full.
3.5. No credit shall be extended on overdue accounts.
4. DELIVERY AND REMOVAL
4.1. Delivery and removal charges are extra.
4.2. The Hirer hereby authorises the Owner to bring the Owner’s vehicle onto the place where the equipment is to be used and to deliver and remove the equipment The Hirer indemnifies the Owner against any cost, claim, damage, expense incurred or action commenced against the Owner directly or indirectly arising from the Owner delivering or removing the equipment
4.3. Requests for removal must be made by telephone at completion of hire.
5. OWNER’S RIGHT TO CANCEL
5.1. If the Owner believes the equipment is at risk or that the Hirer is unable or might be unable to pay any hire charge the owner may take whatever action the Owner considers 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 and to remove the equipment
5.2. The Hirer shall indemnify and continue to indemnify the Owner in respect of any claim, action,damage, expenses or cost (including full solicitor/client costs) incurred or threatened as a result of the Owner exercising the powers of this clause or otherwise acting to recover any equipment hired or moneys payable by the Hirer pursuant to this contract.
6. NO ASSIGNMENT
6.1. This contract is personal to the Hirer and is not capable of assignment whether in whole or in part by the Hirer.
7. HIRER’S OBLIGATIONS
7.1. The hirer Shall:
7.1.1. take proper and reasonable care of the equipment and return it in good order and condition, and
7.1.2. carry out all necessary servicing (including by way of example the supply of all necessary oils, grease and fuel) at the HIRER’S OWN EXPENSES, and
7.1.3. satisfy themselves that the equipment is suitable for their intended us; and
7.1.4. use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment and
7.1.5. immediately notify the Owner by telephone if the equipment breaks down; and
7.1.6. reimburse the Owner for any damage to or loss of or forfeiture of the equipment howsoever arising including (by way of example and not limitation) 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, and
7.1.7. 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
7.1.8 indemnify the Owner against any claim made by any person against the Owner for any damage, expense, claim demand, action or loss arising directly or indirectly out of the Hirers use or possession of the equipment and whether or not such expense, loss, damage, claim, demand or action was due directly or indirectly to the negligence of the Owner.
7.2. The Hirer warrants that all persons who use the equipment shall be competent and qualified to use the equipment and shall use the equipment in the manner it was designed to be used.
7.3. If the Hirer is not an individual, the person who signs this contract on behalf of the Hirer warrants that s/he has authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer
8. OWNER’S RESPONSIBILITIES
8.1. The Owner warrants that to the best of its knowledge and belief the equipment should perform to the manufacturer’s specifications after due allowance for the age of the equipment in question. This warranty is to be excluded from all other warranties express or implied statutory or otherwise.
9. LOSS AND DAMAGE WAIVER
9.1. If the Hirer has paid the loss and damage waiver charge, the Owner will waive the Hirer’s liability (in terms of Clause 7.1.6) for accidental damage (PROVIDED THAT the Hirer has at all times acted reasonably) or theft of any equipment from secure premises PROVIDED FURTHER THAT in the case of theft the Hirer shall immediately notify the Police (taking the name of the Police contact) and the Owner
9.2. Special conditions or exclusions may apply depending on the nature or location of the Hirer’s use of the equipment and these should be notified to the Owner prior to the equipment leaving the Owner’s premises.
9.3. For the avoidance of doubt the Hirer acknowledges that mysterious disappearance, loss or damage resulting from negligent acts or omissions of the hirer, earthquake or war damage. Puncture and damage to tyres ARE NOT COVERED by the loss or damage waiver.
10. LIMITATION OF LIABILITY
10.1 The Hirer acknowledges that in no circumstances whatsoever shall the Owner be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (whether in contract or in tort (including that resulting from the negligence of the Owner) or arising by operation of law) and weather suffered by the Hirer and/or any third party for any amount that exceed the amount actually paid by the Hirer to the owner pursuant to this contract.
11.1 Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words importing one gender include the other. A reference to a clause or subclause is a reference to a clause or subclause hereof. A reference to Owner includes its servants and agents.
11.2 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 impared thereby to be intent that this contract should be construed as if the provision or part thereof in question has been deleted.