Conditions of Hire
Hire period and hire charges
The hire commences when the equipment leaves the owners yard. The hire will be terminated at the time the equipment is delivered back to the Owners yard either by the hirer or following the collection by the Owner’s vehicle at the Hirers request. As per the rental contract. The Hirer will pay the Owner the Hire Charges as outlined in the Hire Contract which is agreed at the start of each hire, between the Owner and Hirer.
Covenants by Hirer
The Hirer throughout the Hire period will:
1. Keep the Equipment in its possession and under its control
2. Keep the Equipment in a safe and secure location and in an environment, which is appropriate for the nature of the Equipment
3. Ensure that the Equipment is operated by properly qualified and licensed personnel and in a careful and prudent manner
4. Notify the Owner immediately if the Equipment is lost, stolen, damaged or involved in an accident. If requested return the Equipment to the Owner
5. Allow the Owner the right to inspect, maintain and repair the Equipment at any time
6. Ensure the Equipment is used solely for the purpose and in the manner for which it was designed and in accordance with its capabilities and limitations, any operating or instructions or manual provided by the Owner (or supplier or manufacturer)
7. Comply with all laws, rules, and regulations or by laws of New Zealand and/or any local authority relating to the equipment and its use
8. Comply with any special conditions in the Hire agreement for the Equipment or specified by the Owner in writing
9. The Hirer shall not sell, assign, sublet, pledge or part with possession of the equipment or any part of it.
The goods shall be at the sole risk of the hirer from the time of delivery by the Owner (or collection of goods by the Hirer) until collection by the Owner or return to the Owner by the Hirer. In the event of equipment being damaged beyond repair or stolen, the Hirer must pay the owner a sum equivalent to the repair or replacement of the goods, if Swift Access LTD claims insurance on behalf of the Hirer the Hirer shall be responsible for the applicable excess payment is $5,000 unless otherwise expressly stated in the Hire Agreement.
Care of equipment and breakdowns
In the event of the equipment being damaged, the Hirer shall pay to the Owner a sum equivalent to the cost of making good any damage. In the event the equipment being lost or stolen whilst on Hire the Hirer shall pay the Owner a sum equivalent to the cost of replacing the equipment that is lost or stolen.
Approved credit accounts all invoice payments are due on the twentieth day of the month after the date of the invoice. If the payment is not received on the due date the Owner reserves the right to charge default interest at a rate of 12% compounding monthly. For cash Hire customers, all payments must be made at time of Hire. The Hirer will be required to pay a bond in accordance with the Owners cash sale policy.
The Owner shall not in any circumstances be liable for, and the Hirer indemnifies and will keep indemnified the Owner from, any loss, liability, damage, cost, claim or expense arising from;
1. The Hirers possession, operation or use of equipment
2. The occurrence of any event entitling the owner to terminate this agreement.
The Owner shall not be liable for any failure or delay supplying, delivering or collecting the goods where such failure or delay is wholly or
partly due to cause or circumstance whatsoever outside reasonable control of the Owner including but not limited:
1. An act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;
2. Pressure waves from devices travelling at supersonic speeds or damage caused by any aircraft or similar device;
3. A strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of the Owner or any of its Subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons;
4. Specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in this Agreement which are materially worse than those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the Effective Date;
5. Tempest, earthquake or any other natural disaster of overwhelming proportion
6. Other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.
Waiver and Variation
All of the provisions of this agreement and all rights or remedies which the Owner may have under them at law or in equity or otherwise will not be waived or varied unless the waiver or variation is in writing signed by an authorised person on the owners behalf. No waiver by the owner of a breach by the Hirer shall be deemed to be a waiver of any other breach or future breach.
The Hirer authorises the Owner to collect from any source, and hold, personnel information concerning the Hirer for the purpose of;
1. Allowing the Owner to do business with and communicate with the Hirer
2. Determining the credit worthiness of the Hirer
3. Communicating products, services and promotional activities of the owner and/or
4. Debt collection The Hirer understands that it has the right to access, and request correction, of personnel information held by the owner in accordance with the Privacy ACT 1993. The Hirer consents to receiving electronic messages from the Owner from time to time Severability If any part of this agreement is found in court to invalid, void, Illegal or unenforceable, the validity, existence, legality or enforceability of the remainder of this agreement shall not be affected, prejudiced or impaired.