The following terms and conditions shall apply and are incorporated into any agreement for the hire of equipment between the Customer and Wanaka Hire (Jeremy Smith)
1. Hire of plant and equipment
The hiring of the equipment will commence from the commencement date specified in the hire booking and continue for the term specified in the hire booking. The hirer is entitled to use the equipment for the hire period and for any agreed extension of the period. The hirer agrees to return the goods to the address of the Wanaka Hire on or before the end of the hire period as outlined in the hire booking
2. Payment for rental
2.1 The hirer agrees to pay the Wanaka Hire the hire fee specified in the hire booking for the equipment for the hire period, which includes any applicable GST, if a hire charge is applicable.
2.2 The hire fee must be paid to the Wanaka Hire prior to or on the commencement date of the hire period.
3. Use, operation and maintenance
3.1 The hirer agrees that the use of the equipment carries with it dangers and risks of injury and the hirer agrees to accept all dangers and risks.
3.2 The equipment shall not be used by anyone other than the hirer without the expressed permission of the Wanaka Hire.
3.3 The hirer agrees to operate, maintain and store the equipment strictly in accordance with any instruction provided by the Wanaka Hire, with due care and diligence, only for its intended use and in accordance with any manufacturer’s instructions and recommendations whether supplied by the Wanaka Hire or posted on the equipment as to the operations, maintenance and storage thereof.
3.4 The hirer agrees to comply with all occupational health and safety laws relating to the use of the equipment and related operations.
3.5 The hirer shall ensure the equipment is returned to the Wanaka Hire clean of soil or any other foreign matter and any spray tanks and spray equipment shall be thoroughly cleaned. Fuel tanks on any equipment shall be full of fuel when the equipment is returned to the Wanaka Hire. In the event that these requirements are not complied with the hirer shall pay the Wanaka Hire the reasonable costs of compliance with these requirements. Wanaka Hire may charge the hirer’s credit card on file without notice for these costs.
4.Hirer’s warranties
4.1 The hirer warrants that:
4.1.1 the equipment will be used in accordance with the conditions outlined in the hire booking
4.1.2 the particulars in the hire booking are correct in every respect and are not misleading in any way including, without limitation, by omission;
4.1.3 the hirer holds a valid current driver’s licence, operating licence or permit valid for the type of equipment hired;
4.1.4 the equipment will not be used for any illegal purpose;
4.1.5 the hire’s vehicle is suitable for towing the equipment;
4.1.6 the hirer will not, without prior written consent of the Wanaka Hire, modify, or permit any modification of, the equipment in any way; and
4.1.7 the hirer agrees that the equipment complies with its description, is in merchantable condition and is fit for the hirer’s purpose.
5. Indemnity
5.1 To the full extent permitted by law the hirer releases, discharges and indemnifies the Wanaka Hire from all claims and demands on the Wanaka Hire arising out of or consequent on the use or misuse of the equipment during the hire period.
6. Loss or damage of plant and equipment
6.1 The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period.
6.2 Wanaka Hire may elect to reduce the hirer’s liability in the event of total loss of equipment, in this case an excess of $5000NZD will be applied.
7. Breakdown of equipment
7.1 If there is a breakdown or failure of the equipment, then the hirer shall return the equipment to the Wanaka Hire at the hirer’s expense and the hirer shall not attempt to repair the equipment without the expressed permission of Wanaka Hire.
8. Liability
8.1 The hirer will assume all risks and liabilities for and in respect of the equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the hirer’s possession, use, maintenance, repair or storage of the equipment.
9. Disclaimer
9.1 To the extent permitted by law the Wanaka Hire disclaims all liability for and does not give any warranties to the hirer as to the condition of the equipment.
10. Title to goods
10.1 The hirer acknowledges that the Wanaka Hire retains title to the equipment and that the hirer has rights to use the equipment as a mere bailee only. The hirer does not have any right to pledge the Wanaka Hire’s credit in connection with the goods and agrees not to do so.
10.2 The hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the goods or make any addition or alteration to, or repair of, the equipment.
11. Repossession
11.1 The Wanaka Hire may retake possession of the equipment if the hirer breaches any provision of this agreement, notwithstanding anything else herein contained.
11.2 If repossession takes place, the Wanaka Hire shall only charge the hire fee up to and including the time of repossession.
12. Completion of the hire period
12.1 The hire period is completed when the equipment has been returned to the Wanaka Hire:
12.1.1 in the same condition as when it was hired; and
12.1.2 on or by the date and time outlined in the hire booking.
13. Non-merger
13.1 The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
14 Severance
14.1 If any provision of this agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
15 Governing law
15.1 This Agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning this Agreement.
16 Interpretation
16.1 In this Agreement, unless the context otherwise requires:
16.1.1 A reference to the singular includes the plural and vice versa;
16.1.1 A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
16.1.3 A reference to an individual shall include corporations and vice versa; and
16.1.4 If a word or expression is defined, its other grammatical forms have a corresponding meaning.
16.2 In this Agreement, headings are for convenience only and do not affect interpretation.