Hire Conditions

1. INTERPRETATION OF WORDS IN THIS CONTRACT;

COMMENCEMENT – The date and time when the Customer takes possession of the Equipment.

EQUIPMENT – Means any kind of equipment, machinery, vehicles, tools or other items whatsoever, which may be available for hire from Event Force, and includes parts and accessories.

CUSTOMER – refers to the person, firm, organisation, partnership, corporation or other entity (including a trust) hiring the Equipment from Event Force as identified in the Hire Schedule.

EXCESSIVE CLEANING – Means any cleaning, in addition to a basic wash and wipe, required to return the Equipment to the condition immediately prior to the hire, excluding fair wear and tear. Excessive Cleaning includes but is not limited to removal of paint stains, resins, concrete, grout and cement.

HIRE CHARGE – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.

HIRE PERIOD – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Event Force agrees. Event Force may issue an amended Hire Schedule for any extension of the Hire Period.

HIRE SCHEDULE – Means a document in such form as Event Force shall require, setting out the terms of the hire of Equipment, including the particulars of the Equipment and the Hire Period and such other information as Event Force may decide to include.

EVENT FORCE – The company or companies listed on the Hire Schedule.

PORTABLE BUILDING – Any relocatable, demountable, containerised, transportable building including complexes that is designed to be moveable

REMOTE AREA – Any location which is more than 50 kilometres from the Event Force branch from where the Equipment is hired.

 

2. EVENT FORCE OBLIGATIONS Event Force will:

2.1 Allow the Customer to take and use the Equipment for the Hire Period;

2.2 Provide the Equipment to the Customer clean and in good working order;

2.3 Collect the Equipment within five days of being requested to do so by the Customer and issuing to the Customer a customer pick up number.

 

3. OBLIGATIONS OF THE CUSTOMER

The Customer must:

3.1 Deliver the Equipment to Event Force when it is due back;

3.2 Return the Equipment to Event Force clean and in good repair;

3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;

3.4 Notify Event Force when the Equipment is available for collection;

3.5 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Event Force or posted on the Equipment; NOTE TO CUSTOMER: You MUST advise Event Force if you require any further instruction on the operation and safe use of the Equipment

3.6 Indemnify Event Force for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;

3.7 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;

3.8 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;

3.9 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;

3.10 Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, or accept responsibility for items loaded and/or secured by Event Force and indemnify Event Force in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer; 3.11 Operate the Equipment with an adequate motor vehicle and/or power source safely in accordance with the manufacturer's operating instructions and applicable law;

3.12 Report and provide full details to Event Force of any accident or damage to the Equipment as soon as practicably possible and not more than two business days of the accident or damage occurring;

3.13 Sign any documentation requested by Event Force at such intervals as reasonably stipulated by Event Force, to confirm the Customer’s acceptance of these Hire Contract Conditions.

3.14 Assist and co-operate fully and promptly with Event Force and/or its insurer in the investigation, settlement or defence of any claim or matter relating to a Hire Schedule on which the Customer is named;

3.15 Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Event Force. The Customer must NOT;

3.16 Tamper with, damage or repair the Equipment;

3.17 Lose or part with possession of the Equipment;

3.18 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;

3.19 Allow any person to drive a Motor Vehicle if the person: (a) does not hold a suitable licence to drive that class of Motor Vehicle; or (b) is affected by drugs and/or alcohol.

3.20 Exceed the recommended or legal load and capacity limits of the Equipment;

3.21 Use or carry any illegal, prohibited or dangerous substance while operating the Equipment.

 

4. NO ASSIGNMENT BY CUSTOMER

4.1 This Agreement is personal to the Customer and is not capable of assignment by the Customer, but this shall not prevent employees of the Customer using the Equipment in accordance with the terms of this agreement.

4.2 Event Force may assign its rights under this agreement without the consent of the Customer or any guarantor.

 

5 PAYMENTS BY THE CUSTOMER TO EVENT FORCE

5.1 On or before Commencement (or as otherwise specifically agreed in writing with Event Force), the Customer will pay the Hire Charge.

5.2 Immediately on request by Event Force, the Customer will pay:

(a) the new list price of any Equipment which is for whatever reason not returned to Event Force. NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment

(b) all costs incurred in Excessive Cleaning of the Equipment or the cleaning fee as stipulated on the Hire Schedule OR $300NZD;

(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;

(d) GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;

(e) all costs incurred by Event Force in recovering possession of the Equipment;

(f) a late payment fee calculated daily at 3% per month on all amounts owing by the Customer not paid on time;

(g) the Kilometre Charge;

(h) the cost of fuels ($5NZD/L) and consumables provided by Event Force and not returned by the Customer;

(i) any expenses and legal costs (including commission payable to a commercial agent) incurred by Event Force in enforcing this contract due to the Customers default;

(j) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract;

(k) Loading costs when equipment hired with an hour meter is used in excess of eight hours per day. Unless specified otherwise in the Hire Schedule.

(l) Hire fees for the period from the commencement of the hire until the Equipment is returned or a customer pick up number is obtained from Event Force; and

(m) All non-recoverable costs incurred by Event Force in the provision of Equipment and/or services due to cancellation or postponement by the Customer.

5.3 Without limiting the ability of Event Force to recover all amounts owing to it, the Customer irrevocably authorises Event Force to charge any amounts owing by the Customer to any credit card or bank account details of which are provided to Event Force.

 

6 OWNERSHIP / RETENTION OF TITLE

All equipment supplied by Event Force to the Customer under this agreement shall remain the property of Event Force.

 

7 PPSA

7.1 If a ‘security interest’ for the purposes of the Personal Property Securities Act 1999 (“PPSA”) arises in relation to the Equipment provided to the Customer under this agreement whether created or provided for by a lease for a term of more than one year or otherwise (“security interest”) then the terms of this clause 7 shall apply.

7.2 Event Force may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which Event Force requires for the purposes of:

(a) ensuring that Event Force security interest is enforceable, perfected and otherwise effective under the PPSA;

(b) enabling Event Force to gain first priority for its security interest; and

(c) enabling Event Force to exercise rights in connection with the security interest.

7.3 The Customer agrees that nothing in sections 114(1)(a), 133 or 134 of the PPSA applies to this agreement, and waives its rights under sections 121, 125, 129, 131 and 132 of the PPSA.

7.4 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else or grant or create any security interest in the Equipment unless Event Force (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Event Force and must be expressed to be subject to the rights of Event Force under this agreement. Customer may not vary a sub-hire without the prior written consent of Event Force (which may be withheld in its absolute discretion).

7.5 Customer must ensure that Event Force is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.

 

9. EXCLUSION OF WARRANTIES AND LIABILITIES.

9.1 Where the Consumer Guarantees Act 1993 (“CGA”) applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.

9.2 Where the CGA applies and the Equipment is hired for business purposes the CGA is excluded to the fullest extent permitted by law.

9.3 To the extent that the CGA (or any other law which cannot be excluded) does not apply. Event Force makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

9.4 Event Force shall have no liability to the Customer, the guarantor or any other person whether in contract, tort or otherwise for any consequential of indirect damages or losses except to the extent otherwise mandatorily required by law.

 

10. REMOTE HIRE

Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligations of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;

(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by Event Force (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometre rate travelled by Event Force staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by Event Force and its staff in connection with travel to and from the Remote Area;

(b) Multiple items of Equipment on hire by a Customer on the one site will only be charged for one call out fee;

(c) The Customer is responsible at its cost for daily maintenance and care of all items of Equipment on hire by a Customer, including lubrication of all grease points.

(d) The customer can only service and repair Equipment with the express permission of Event Force and records of all maintenance activities performed by the Customer must be provided to Event Force.

 

11 BREACH OF HIRE CONTRACT BY CUSTOMER If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then;

11.1 Event Force shall be entitled to: (a) terminate this Contract; and/or (b) sue for recovery of all monies owing by the Customer; and/or (c) repossess the Equipment (and is authorised to enter any premises where the Equipment is located to do so).

11.2 The Customer indemnifies Event Force in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

 

12 DISPUTES

12.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Event Force in writing within 30 days of the hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.

12.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to Event Force), the parties agree to take reasonable steps within a period of ten days of the dispute arising to negotiate to settle the dispute with the assistance of Hire Industry Association of New Zealand Inc. before litigation.

 

13 EQUIPMENT DATA Event Force Equipment may contain on-board devices (each a GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment. By hiring any Equipment from Event Force, the Customer expressly consents to Event Force use of the GPS Device on such Equipment during the Hire Period and to Event Force collecting, using and retaining information from the GPS Device in accordance with our Privacy Policy, and that Event Force is the owner of that data subject to your rights as set out in our Privacy Policy.

 

14 PAYMENTS All payments under this Agreement by the Customer must be made without set-off, counterclaim or withholding.

 

15 GOVERNING LAW The hire contract containing these Hire Contract Conditions is governed by the law of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.