Equipment Hire Terms and Conditions

Standard Terms of Hire
1. Term & extension of term
a. This Hire Agreement (Agreement) (Equipment) will commence on the
Commencement Date specified in your account and (unless this
Agreement is terminated or extended or the Equipment is returned in
accordance with clause 6a) shall end on the return of the Equipment.
b. Notwithstanding clause 6b below, the hire period may be extended by
agreement. Any such extension will be on the terms as set out within
this Agreement and this Agreement will take effect as if the date the
Equipment is returned is the end of the extended period.
2. Title & risk
a. The Hirer specified in your account (Hirer) acknowledges and agrees
that AwakeNZ Limited (Owner) at all times retains title to the
Equipment and the Hirer has rights to use the Equipment as a mere
bailee only.
b. Risk in the Equipment passes to the Hirer on delivery of the Equipment
to the Hirer. Should the Hirer default on any payments under this
agreement, Owner or its assignee (as the case may be) shall be
entitled, without limiting any other legal rights it may have, to the
immediate return of the Equipment in good order, as well as to retain
any monies paid by the Hirer under this agreement.
c. The Hirer must not agree, offer or purport to sell, assign, sub-let, lend,
pledge, mortgage let or hire or otherwise part with or attempt to part
with personal possession or otherwise deal with the Equipment and
conceal or alter the Equipment or make any addition or alteration to, or
repair of, the Equipment.
3. Obligations of hirer
The Hirer must:
(i) comply with all lawful and reasonable directions of Owner in connection
with the Agreement;
(ii) comply with all applicable laws when meeting its obligations under this
Agreement;
(iii) immediately notify Owner of any damage to, or loss of, the Equipment;
(iv) ensure that the Equipment is at all times kept clean, secure and in good
working order (reasonable wear and tear excepted);
(v) use the Equipment in a smoke-free environment only, infusion of any
smoke smell will be regarded as damage to the Equipment and will incur a
repair cost;
(vi) not permit any person not authorised by Owner to repair or otherwise
carry out any work on the Equipment;
(vii) not sell, transfer, assign, mortgage, pledge, underlet, lend, remove from
New Zealand or otherwise deal with the Equipment without prior written
consent from Owner.
4. Security
a. Security in relation to the Equipment shall be provided by lodging with
Owner bank account details valid for the term of the Agreement or any
subsequent extension.
b. All credit card or bank account transactions will be processed and
handled as specified in your account.
c. Owner may, without limiting its other rights, apply the whole or part of
any security deposit held in addition to debiting the credit card or bank
account supplied by the Hirer to compensate Owner for any loss or
damage caused as a result of any breach of this Agreement by the
Hirer. This shall include, but not be limited to recovering an amount
equal to the recommended retail value of the Equipment provided to
the Hirer.
5. Hire fees
a. Hire fees are due and payable as specified by the Owner
b. Owner retains the discretion to increase hire fees every 12 months by
2.5% or by CPI (whichever is higher). Where the Owner chooses to
exercise this discretion, the Owner will provide a minimum of one
month’s notice to Hirer. Any change will be effective from the date set
out in the notice, or as soon as permitted by applicable law.
6. Obligations on return
At the expiration of the minimum hire period, as specified in your account, the
Equipment may be:
a. returned and the hire fees will be retained by Owner.
b. where the Equipment has not been returned by the end of the minimum hire
period, a further hire period will automatically commence and roll over on the
same basis as the original hire period whereby hire fees are due and payable
on the same basis as the original hire period.
7. Termination
a. Should any one or more of the following events occur, without limiting
its other rights at law, Owner will be entitled to terminate this
Agreement as well as be entitled to the return of the Equipment on
giving the Hirer ten (10) days prior written notice: (i) the Hirer makes
default in the payment on any due date of any fees or other amounts
payable, or otherwise defaults in the observance of any of the terms of
this Agreement; (ii) the Hirer does or causes to be done any act, matter
or thing which is likely to endanger the safety, condition or safekeeping
of the Equipment; (iii) an order is made for the sequestration of the
assets of the Hirer, or the Hirer enters into any composition
arrangement with creditors; (iv) any other event occurs which
constitutes or evidences on the Hirer’s part a repudiation or refusal to
be bound by this Agreement.
b. The Hirer must, within ten (10) days of expiry of the Agreement or the
date of written notice from Owner pursuant to clause 7a above, return
the Equipment to Owner in the same condition as it was at the
Commencement Date (fair wear and tear excepted). The Hirer is solely
responsible for the safe return of the Equipment.
c. If the Hirer does not return the Equipment in accordance with clause
7b, or if the returned Equipment is damaged due to misuse, alteration,
neglect or shipping, the Hirer will be charged for the full amount of the
Equipment at Owner’s then current recommended retail price.
8. Warranties
a. The Hirer warrants and acknowledges that he/she: (i) has inspected
the Equipment prior to or at the time of the commencement of the hire
and is satisfied that the Equipment is in good working order and
condition and suitable in all respects for the purposes of the Hirer; and
(ii) is authorised to make this Agreement on behalf of all persons who
possess, use or operate the Equipment during the period until the
Equipment is returned.
b. The Hirer has the benefit of conditions and warranties and other rights
implied by law, which cannot be excluded by agreement. Nothing in this
Agreement shall be taken to limit in any way the benefit of those
conditions, warranties and rights. However, where under such law
Owner is permitted to limit its liability in respect of breach of such
implied conditions, warranties or rights, Owner hereby limits its liability
to the maximum extent permitted by law.
c. Subject to clause 8b, Owner renounces and negates all other express
or implied conditions and warranties and all prior representations and
statements in respect of or in relation to the Equipment.
9. Liability & indemnity
a. To the maximum extent permitted by law and notwithstanding any
other terms of this Agreement: (i) Owner is not liable whether in
contract, tort or otherwise for any loss of profit, consequential damage
or loss arising directly or indirectly out of this Agreement; and (ii)
Owner’s liability for any loss or damage arising as a consequence of a
breach of this Agreement is reduced proportionally to the extent the act
or omission of the Hirer contributed to the loss or damage.
b. The Hirer shall indemnify and keep Owner indemnified against any loss
or damage which may arise in respect of the Equipment or from the
possession use or operation of the Equipment by the Hirer or any other
person and (without limiting the generality of the foregoing) against
any loss or damage whatsoever for or in respect of injury to person or
property arising out of the possession, use or operation of the
Equipment by the Hirer or any person in any manner whatsoever during
the period until the Equipment is returned.
10.Miscellaneous
a. Owner may assign this Agreement to any person without the consent
of the Hirer.
b. This Agreement embodies the entire understanding and agreement
between the parties as to its subject matter.
c. Nothing in this Agreement constitutes a relationship of principal and
agent, partnership or joint ventures, between Owner and Hirer.
d. This Agreement is governed by and will be construed in accordance
with the laws of New Zealand.
e. The Hirer warrants that he/she is authorised to make this Agreement
on behalf of all persons who possess use or operate the Equipment
during the Hire Period and any agreed extension period(s).
11.Privacy
a. Owner will comply with the Privacy Act 1993 in all dealings with the
Hirer. A copy of AwakeNZ’s Privacy notice is available upon request or
as posted on the website www.awakenz.co.nz
b.
12.Repair and replacement
a. Should the Equipment covered by this agreement no longer operate as
designed due to fair wear and tear or inherent defect the Owner will
repair or replace (at its discretion) the Equipment.
b. Owner will provide replacement consumables as required during the
life of the agreement. Consumables will only be replaced on a fair wear
and tear basis and are subject to Owner’s Fair Use Policy which is
referenced to the Owner’s premium subscription package as modified
from time to time.
CREDIT CHECKS
AwakeNZ reserves the right to perform a credit check using the services of
Centrix as described below:
We will provide your personal information to Centrix Group Limited when we
use their consumer credit reporting services (for example for credit checking).
Details of how Centrix handles your personal information can be found here:
https://www.centrix.co.nz/privacy-statement
Centrix will collect your credit information for the purpose of providing credit
reporting services to us and other subscribers to Centrix consumer credit
reporting services, and Centrix will use and disclosure your credit information
in accordance with the Centrix Privacy Statement. You have rights of access
to and correction of your credit information and any other personal
information held by Centrix as set out in Centrix Privacy Statement.