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Hire Contract Terms & Conditions
1 Conditions
The Conditions of Hire set out in this Agreement for hire (“the agreement”) shall apply to all contracts for the hire of Goods between Fahey Fencing Hire (“Owner”) and the person hiring the Goods
(“Hirer”) and shall not be deemed or construed to be modified, amended, waived, in whole or in part, except by written agreement between the parties.
2. Definitions
2.1 Goods: includes without limitation fences, equipment, tools, electrical equipment parts, and any other chattels associated with the Owner’s business. The agreement may not detail an exclusive list of the Goods hired.
2.2 Delivery; is deemed to have taken place when either:
-The hirer has taken possession the Goods from the owner’s premises; or
-the Goods have been unloaded at one agreed chosen site of the hirer with truck access; the truck access will be no further than 10 metres from the delivery point. Multiple drop off points,
by agreement, will be charged on an hourly basis.
2.3 Collection; is taking possession of the fences from one agreed specified area with truck access; which the truck access will be no further than 10 metres from the pickup point. Multiple pick up points,by agreement, will be charged on an hourly basis.
3.Charges
3.1 Fencing is to be hired on a daily basis with a minimum of one month’s hire.
- Scaffolding is to be hired on a daily, weekly and monthly basis.
- Electrical equipment is to be hired on a daily, weekly and monthly basis.
- All other general goods are to be hired on a daily, weekly and monthly basis.
3.2 The hire period of all the Goods hired begins from the time part or all of the Goods leave the Owner’s premises and continues until the all Goods are returned to the premises.
3.3 The Hirer will be invoiced on the day of hire and there upon at the end of every calendar month.
3.4 All payments must be made on the 20th day of the month following date of invoice.
3.5 The Hirer agrees to pay for any loss or damage whatsoever to the Goods.
3.6 No credit shall be extended on unpaid accounts.
3.7 The Hirer undertakes to pay the accounts in full on or before the due date for payment. In default of payment, the Hirer undertakes to pay late payment penalties at 2.5% per month on any amount outstanding. The Hirer indemnifies the Owner against any actions or damages resulting from the hire and agrees to pay all costs and expenses on a full solicitor and client basis to enforce any provision of this agreement. The hirer agrees to pay all costs associated with the recovery of any monies owing under the agreement including but not limited to Auckland District Collection Limited’s fees.
4. Delivery and Removal
4.1. Delivery of Goods must be signed for by the Hirer or their agent on site of delivery, or confirmed by facsimile.
4.2 Confirmation of Delivery by fax: All orders will be confirmed by way of facsimile unless otherwise agreed. The Hirer shall return the confirmation of order by facsimile within 2 days of receiving it. Failure to return the signed facsimile within 24 hours will be deemed to be confirmation of delivery and acceptance of the order price. The Hirer shall incur costs in relation to amendments or cancellation of the order.
4.3 Upon delivery the Hirer shall inspect all Goods and note any damage to those Goods. This includes noting any holes or bent frames. The Hirer has 12 hours in which to raise any damage or other issues with the Owner.
4.4 When the Owner collects all or part of the Goods the Hirer or their agent must sign off the Goods at the site of collection. Failure to have signing off will mean Goods will not be collected. Hire will continue to until the all the Goods have been collected.
4.4 All delivery, installation, dismantling and collection of any Goods will incur extra charges and be made by prior arrangement with the Owner.
4.5 Installation of the owner’s Goods will be performed from no further than 10 metres from the delivery point or truck access. Any further distances will be charged on an hourly basis.
4.6 Dismantling of the Owner’s Goods will be performed from no further than 10 metres from the collection point or truck access. Any further distances will be charged on an hourly basis.
4.7 The Hirer hereby authorises the Owner to bring the Owner’s vehicle and any other equipment necessary onto the place where the Goods are to be delivered, and if applicable, to install and/or dismantle or remove the Goods either upon the expiry of the hire period or on the breach by the Hirer of any term in this contract. The Hirer indemnifies the Owner against any cost, claim, damage, expense or liability suffered or incurred by the Hirer whether arising directly or indirectly from the Owner’s actions under this clause. This includes pegs or pins being driven into the ground to secure the fence and indemnifies the Owner against any claim caused through any damage caused to underground services. The Hirer indemnifies the Owner from any health and safety breaches that may occur from the Owner’s actions.
4.8 The Hirer must give a minimum of 48 hours notice to the Owner of the required collection time. Off hire will start from 48 hours from this notice.
5. No Assignment
This contract is personal to the Hirer and is not capable of assignment whether in whole or in part by the Hirer.
6. Hirer’s Obligation
6.1 The Hirer shall take proper and reasonable care of the Goods. All Goods shall be returned in good order and condition, free from any defects.
6.2 The Hirer shall use the Goods in a lawful manner with due regard to all laws and regulations pertaining to the use of the Goods.
6.3 The Hirer shall immediately notify the Owner if the Goods are damaged or if they have a defect which may constitute a hazard as defined by the Health and Safety (in Employment) Act 1992.
6.4 The Hirer shall be responsible for any mysterious disappearance, loss or any damage to the Goods including events such as an earthquake, war or terrorism damage.
6.5 The Hirer shall be responsible for any damage caused to a third party and any payments due to be paid directly to the third party.
6.6 The Hirer shall 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 Hirer’s use or possession of the Goods.
6.7 If the Hirer is not an individual, the person who signs this agreement on behalf of the Hirer warrants that he/she is the agent of the Hirer, and will in any event, be personally liable for the performance of the obligations of the Hirer.
6.8 The Hirer will at all times ensure that the Goods are used in accordance with Health and Safety in Employment Act 1992 (“the Act”). The Hirer will indemnify the Owner for any costs or penalties incurred or imposed on the Owner due to any breach of the Act by the Hirer.
6.9 The Owner shall not be liable for loss or damage suffered by the Hirer, its employees, servants, agents, contractors or any third party arising out of the Hirer’s negligent use of the Goods.
7. Owners Right to Cancel
7.1 If the Owner believes the Goods to be at risk for any reason whatsoever including but not limited to the manner of its use by the Hirer or that the Hirer is unable to, or might be unable to pay any hire charge the Owner may take action as necessary to retake possession of the Goods. Accordingly the Hirer grants the Owner an irrevocable right and authority to enter at any time onto the place where all or part of the Goods are situated or thought to be situated to remove the Goods.
7.2 The Hirer shall indemnify the Owner in respect of any claim, action, damage, expense or cost (including full solicitor/client costs) incurred or threatened as a result of the Owner exercising thepowers of this clause 6.1 or otherwise to recover any Goods hired or moneys payable by the Hirer pursuant to this contract.
7.3 The Owner will not be liable to the Hirer or any other persons for any claim or loss arising from cancellation or repossession.
8. Insurance
8.1 The Owner does not provided insurance to cover the Hirer during the period of hireage of the Goods, being the time of delivery trough to the time of pickup. Any loss or damage of the Goods during the Hirer’s possession is the responsibility of the Hirer.
8.2 Risk passes to the Hirer at the time of delivery.
9. Personal Property Securities Act 1999 (PPSA)
9.1 Hire or acquisition of the Goods may create a security interest in the Goods. If so, the provisions of this clause 9 apply. All terms in this clause 9 have the meaning given in the PPSA and section references are sections to sections of the PPSA.
9.2 On the request of the Owner, the Hirer shall promptly execute any documents, provide all necessary information and do anything else required by the Owner to ensure that the security interest created under this contract constitutes a perfected security interest in the equipment and their proceeds which will have priority over all other security interests in the equipment.
9.3 The Hirer will pay to the Owner all fees and expenses incurred by the Owner in relation to the filling of a financing statement in connection with this contract.
9.4 The Hirer agrees that nothing in section 133 an 134 of the PPSA applies to this contract
9.5 The Hirer is not authorised to sell or sublease any of the Goods to a third party. The Hirer agrees that in the event that section 53, 54 and 56 apply the owner will be entitled to the full amount of the value of the Goods from the hirer and the security interest will continue in the payment given by the third party.
9.6 To the extent they are applicable to the Hirer, the Hirer waives the Hirer’s right to:
9.6.1 Receive a notice under sections 114(1)(a);
9.6.2 Receive a statement of account under section 116;
9.6.3 Receive a surpluses distributed under section 117
9.6.4 Recover any surplus under section 119
9.6.5 Receive notice of any proposal of the Owner to retain the collateral under section 120(2);
9.6.6 Object to any proposal of the Owner to retain collateral under section 121
9.6.7 Not have Goods damaged in the event that the Owner were to remove an accession under section 125;
9.6.8 Receive notice of the removal of an accession under section 129;
9.6.9 Apply to the court for an order concerning the removal of an accession under section 131
9.6.10 Redeem collateral under section 132; and
9.6.11 Receive a copy of any Verification Statement
10. Interpretation
10.1 If at any time any provision of this agreement 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 impaired thereby to the extent that this agreement should be construed as if the breach invalidated the entire agreement.
10.2 Headings are inserted for the convenience and shall not affect the construction of the contract. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words implying one gender include the other. A reference to a clause or sub clause is a reference to a clause hereof. A reference to Owner includes all its servants and agents.
10.3 If at any time any provision to 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 impaired thereby to the intent that this contract should be construed as if the provision or part thereof in question has been deleted.
11. Guarantee
The Guarantor to this contract shall personally guarantee all monies owed under the agreement. The Guarantor shall be liable for any costs arising form any breach of the agreement by the Hirer including but not limited to all costs on a client solicitor basis.
12. Privacy Act 1993
12.1 This contract collects personal information about the hirer and the guarantor. The information is principally collected to evaluate the hire of equipment that the hirer seeks. The information is collected and held by the Owner. The failure to provide the information on the front of this contract may result in the application for hire of equipment being declined or this contract subsequently being terminated by the Owner.
12.2 The Hirer has rights of access to personal information contained in this contract, subject to the provisions of the Privacy Act 1993. The Hirer agrees that its personal information may be used by the Owner to advise the Hirer of the Owner’s other Goods and services.
12.3 The Hirer authorizes the disclosure of personal information held by any other party to the Owner regarding any previous hire agreements entered into by the Hirer and/or any information in relation to the financial position of the Hirer.
12.4 The Hirer agrees that the Owner may release to other parties information regarding this hire contract in order to enforce the terms and conditions of this contract.
These terms and conditions may be varied by Fahey by giving one week’s written notice to the Hirer.
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