CONDITIONS OF HIRE

1. HIRE charges are based on a working day of eight hours between the hours of 8am and 5pm and must be paid in advance prior to delivery of the equipment hired. Should the equipment be used for more than eight hours per day or should the hirer desire to extend the period of hire shall immediately notify the owner and pay such additional hire charges as shall be due for the extra use and/or the extended term of hire before putting such equipment to further use. In any event the hirer shall be liable for the hire charge at the rate for the equipment hired until the same is returned to the owner.

2. THE hirer takes the equipment hired on the express condition that the owner gives no warranty undertaking or promise of any kind whatsoever as to the condition state of repair or fitness of the equipment hired, nor as to the suitability of the equipment hired for the work to be undertaken with it by the hirer, and the hirer shall use the equipment hired entirely at his own risk. The hirer shall consequently have no claim of whatsoever nature or kind against the owner by reason of the condition or of the state of repair of the equipment hired or by reason of the same not being fit for any purpose or by reason of any injury suffered by him or other persons resulting from operation of the equipment hired whether correctly or incorrectly of otherwise howsoever arising and the hirer shall hold the owner safe harmless and indemnified against all claims, actions and
proceedings on account of or touching or concerning any of the aforesaid matters and against all costs.

3. THE hirer will not sell, offer for sale, assign, mortgage, pledge charge or otherwise encumber or deal with or part with possession of the equipment hired or any parts thereof other than to the owner.

4. THE hirer shall personally use the equipment hired and will not permit the same or any part thereof to be used by any other person without the prior consent in writing of the owner.

5. THE hirer shall use the equipment in a skilful and proper manner and shall at his own sole expense keep the same in clean condition and if in any doubt as to how the same should be operated, shall refer to the owner for instructions. If any damage beyond fair wear and tear without neglect of the hirer due to normal operation of the equipment hired shall be caused to the same, the hirer shall be responsible for the cost of repairing the same. If the equipment shall be returned in dirty condition the owner may clean the same and charge the hirer with the cost of so doing at the current ruling rate at the time of hire. The cost of any such cleaning done by the owner shall be a debt due and recoverable from the hirer.

6. SHOULD the equipment hired be faulty or should the same develop a fault while in possession of the hirer, the hirer shall immediately notify the owner in writing stating the nature of the fault and shall in no circumstances carry out any repairs thereto himself or allow any such repairs to be carried out by any person other than the owner or in the nominee of the owner. If the equipment hired shall develop a fault while in the possession of the hirer for which the hirer is not responsible under these conditions, the hire charges shall be suspended by the owner until such equipment has been repaired by it or by its nominee.

7. WHILE the equipment hired is in the possession of the hirer, the hirer will faithfully perform and carry out all instructions of the owner or its nominee as to the manner in which the same shall be operated and as to maintenance thereof, in particular as to fuelling and oiling of the same.

8. THE hirer shall keep the owner informed as to the whereabouts of the equipment hired.

9. BEFORE delivery of the equipment to him/her the hirer shall pay such deposit in addition to the hire charges as the owner shall nominate and upon return by the hirer of the equipment hired to him/her the owner shall return such deposit so paid less the cost of any repairs to the equipment hired and/or any other moneys due to the owner for which the hirer shall be responsible under these conditions.

10. THE owner or its servant or servants, agent or agents shall be entitled at all reasonable times to inspect the equipment hired and/or operate the same for the purposes of testing the same and the hirer hereby gives irrevocable leave and licence to the owner or its servant or servants, agent or agents to take possession of and remove such equipment and for such purpose to enter upon the premises of. the hirer, and as the hirer’s agent and as his act, to enter upon any other premises whereon the equipment of any part thereof may be for any of the aforesaid purposes.

11. IF the hirer shall fail to return the equipment hired and the owner shall have to locate and pick up the same, the owner shall be entitled to recover from the hirer as a debt due, charged at the current ruling rate at the time of hire, in so locating and picking up the equipment hired.

12. ALL obligations imposed on the hirer by these conditions shall if there be more than one hirer, be joint and several.

13. THE hirer will ensure compliance with all laws, regulations or rules (statutory or otherwise) applying to the hired equipment (including without limitation all law, rules and regulations under the Occupational Safety and Health Act).

14. I/WE understand and agree that any account not paid within one month of the date of purchase shall also have added to it any legal or debt collection costs incurred and in the course of endeavours to have the account paid and shall also have added to it interest accruing at 2% per month from the date of purchase.

I/WE understand and agree that title to and property in the goods or services supplied does not pass until such goods or services have been paid for.

15. ALL representations or warranties whether expressed or implied of the owner, its servant or servants, agent or agents whether made before or after the execution of these conditions by the hirer shall be null and void and no effect except as the same are included in these conditions and the hirer hereby acknowledges that these conditions cover the whole terms of hire of the equipment hired by him/her from the owner.

16. IF the hirer shall make default or fail to observe or perform any of the foregoing conditions or shall commit any act of bankruptcy or shall have any judgement entered against him the owner may by notice terminate the hiring whereupon, as in the case of termination thereof by any other means, the hirer shall immediately deliver up the equipment hired at his own risk and cost to the owner’s place of business or such other place as the owner may nominate and in default of such delivery the owner shall be entitled to take possession of the equipment hired and recover the cost of so doing and of returning it to its place of business as a debt due by the hirer.

17. TERMINATION of the hiring by return of the goods or otherwise howsoever shall not in any way prejudice the right of the owner to enforce by action or otherwise all or any of the foregoing conditions against the hirer for the breach thereof or of any of them prior to the termination of the hiring.

18. ANY loss or damage to wheels, rims or tyres (including punctures) will be the hirers responsibility.

19. DAMAGE WAIVER This cover applies to INDUSTRIAL PLANT only (as defined in the Hirecorp Limited centre Industrial Price List) , hereinafter referred to as Hired Property. The Hired Property is covered for accidental loss or damage anywhere in New Zealand, subject to the conditions set out below.
This insurance does not cover:
The first $500.00, except trailers where a $300.00 excess shall apply. An additional underage excess shall apply to any driver, or person in charge of the plant, who is under the age of 25.
The insurance does not cover theft, unless from a securely locked building or vehicle.
Any kind of consequential loss.
Loss or damage to the hirer’s own goods or property.
Theft of the Hired Property by the hirer, any member of their immediate family, or any employee of the hirer
Loss or damage whilst the hirer or person in charge or control of the Hired Property, is under the influence of alcohol or any drug.
Loss or damage caused by the Hired Property being driven or operated in an unsafe manner, loaded or operated in excess of manufacturer’s specifications, operated contrary to any statutory regulations, and/or any advice or specification provided by Hirecorp Limited Centre.
loss or damage caused directly or indirectly by the failure of the hirer to exercise reasonable care and diligence.

It is a condition that the hirer must advise Hirecorp Limited Centre, of any loss or damage to the Hired Property as soon as practicable. The hirer shall not arrange or undertake any repairs or salvage without the authority of Hirecorp Limited Centre, except to the extent that the repairs or salvage are necessary to prevent further damage.

20. NOTWITHSTANDING anything contained to the contrary, the Hirer shall be responsible for all other loss or damage to the hired property. This includes any loss or damage to Party Hire, Tents,
Marquees and Fitness Equipment which are not insured and remain the responsibility of the Hirer at all times.

21. AN extra charge will be made if any goods are returned unwashed or dirty.

22. I/we authorise any person or company to provide you with such information as you may require in response to your credit and/or employment enquiries. I/we authorise you to furnish to any third party details of this application and of any subsequent dealings that I/we may have with you as a result of this application being actioned by you.

23. IT is the hirers responsibility to familarise themselves with all laws and regulations and rules that apply to the hired equipment.

24. THE Hirer takes all responsibility for the use of the equipment and indemnifies the owner from any claims made arising from the use of the equipment hired.

25. EACH of the foregoing conditions shall be without prejudice to each other.