Terms and Conditions

The following terms and conditions shall apply and are incorporated into any agreement for the hire of equipment between the Customer and HIREME.

1 Hire Period
1.1 Equipment may be hired for a minimum period of 4 hours then in multiples of days (24hrs)
1.2 If the equipment is metered then a fair use policy of 6 hours per 24 hour day shall be enforced with additional hours charged at $50 per hour.
1.3 The hire period commences when:(i)the Equipment is delivered to the Customer; or(ii)a key or keys to operate the Equipment is handed to the Customer; or(iii)access to the Equipment is provided to the Customer, whichever is the earlier.
1.4 The hire period ends at the Agreed Return Time.

2 Equipment
2.1 The Customer acknowledges that all information, brochures, specifications, dimensions and descriptions of equipment furnished by HIREME or otherwise contained in any quote, catalogue, price list, website or other advertising matter are an approximation only and no representation is made by HIREME that the Equipment strictly complies with those particulars.
2.2 HIREME reserves the right to substitute the Equipment with Equipment that is similar to the Equipment in the event that the Equipment is unavailable for any reason.
2.3 The Customer acknowledges and agrees that no rights or interests of title or ownership in the Equipment pass to the Customer at any time.

3 Return of Equipment
3.1 The Customer must return the Equipment, in the same order and condition as at the commencement of the hire period, at the agreed Return Location on or before the Agreed Return Time.
3.2 HIREME is authorised to recover the Equipment if it is not returned in accordance with clause 2.1. The Customer irrevocably authorises, and (where required) must use its best endeavors to obtain all necessary authorisations and consents, to allow HIREME together with all necessary tools, equipment and machinery, to enter into any site or premises owned, occupied or controlled by the Customer, or any other site or premises on which the Equipment is located, to recover the Equipment.
3.3 The Customer is responsible for any loss, theft or damage to all or any part of the Equipment and indemnifies HIREME against all costs, expenses and losses including but not limited to insurance excesses in connection with any loss of or damage to any Equipment including any indirect or consequential loss.

4 Hire Charges and Quotes
4.1 Where a Quote is provided by HIREME unless otherwise agreed in writing, the Quote shall be valid for 14 days from the date of issue.
4.2 Where no hire charge is stated in a Quote or otherwise provided in writing by HIREME, the Hire Charge shall be deemed to be the standard rate charged by HIREME for such equipment at the time the Customer hires the Equipment.
4.3 The Customer shall pay HIREME the Hire Charge together with any Additional Charges.
4.4 The Customer shall pay 100% of the Hire Charge for cancelling within 48 hours of scheduled hire start time.
4.4 No allowance whatsoever shall be made for any time during which the Equipment is not able to be used by the Customer for any reason whatsoever (including if the Equipment is faulty unless otherwise agreed in writing by HIREME.
4.5 No allowance whatsoever shall be made if the Customer returns the Equipment prior to the Agreed Return Time unless otherwise agreed in writing by HIREME. For the avoidance of doubt, the Customer acknowledges and agrees that it will pay the Hire Charge and any Additional Charges for the Agreed Hire Time regardless of whether the Equipment is required for the entire Agreed Hire Time or if the Equipment is returned to or picked up by HIREME prior to the Agreed Return Time.

5 Bond
5.1 The Customer may be requested to pay a Bond to HIREME on or before the Hire Start Time.
5.2 Any bond paid by the Customer to HIREME, less any deduction in accordance with clauses 4 and 6 will be refunded to the Customer at the Actual Return Time.
5.3 HIREME may deduct any amounts owed by the Customer to HIREME from any bond paid by the Customer to HIREME.

6 Payment and Default Interest
6.1 All amounts specified in this Agreement and any Quote are exclusive of GST unless otherwise indicated.
6.2 The Customer must make all payments due under this Agreement in full without set-off or deduction of any kind.
6.3 Interest may be charged on any amount owing by the Customer to HIREME at the rate of 5% per month, compounded monthly, from the date that the amount is due until the date that payment in full is received by HIREME.
6.4 Any expenses (including debt collection agency fees), disbursements and legal costs (including fees on a solicitor and own client basis) incurred by HIREME in connection with the enforcement, or attempted enforcement, of any rights under this Agreement shall be paid by the Customer on demand.
6.5 The Customer's obligation to pay any amount to HIREME under this Agreement shall continue despite any defect in, breakdown of, damage to, theft of, loss of, or accident involving the Equipment.

7 Customer’s Obligations
7.1 The Customer shall take proper and reasonable care of the equipment and return it by the agreed return time in the same order and condition as it was provided in.
7.2 The Customer must not use the Equipment if under the influence of alcohol or drugs.
7.3 The Customer must not remove the GPS tracking unit, deface or obscure any marks of identification or ownership or registration on the Equipment.
7.4 The Customer must carry out all necessary servicing (including by way of example the supply of all necessary oils, grease and fuel) at the Customer’s own expense.
7.5 The Customer must satisfy themselves that the equipment is suitable for their intended use. 
7.6 The Customer must immediately notify HIREME if all or any part of any Equipment is lost, stolen or damaged.
7.7 The Customer must immediately notify HIREME if the Equipment is faulty, breaks down or if any warning light or similar is activated.
7.8 The Customer must use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment.
7.9 The Customer must reimburse HIREME for any damage to or loss of or forfeiture of the equipment howsoever arising including (by way of example and not limitation) any loss or damage caused by overloading incorrect fuel, lack of lubrication, damage to tracks, wheels and tyres, disappearance or theft of equipment, fire, damage in transit, negligence and misuse.
7.10 The Customer must (except as permitted by the Consumer Guarantees Act 1993) not bring or threaten to bring any claim against HIREME for loss or damage incurred or threatened against the Customer arising directly or indirectly from the Customers use of the equipment.
7.11 The Customer must Indemnify HIREME against any claim made by any person against HIREME for any damage, expense, claim, demand, action or loss arising directly or indirectly out of the Customers use or possession of the equipment in contravention of the terms of this contract.
7.12 The Customer must Indemnify HIREME in respect of all claims for compensation for damage inconsequence of;(i)any accident or occurrence arising out of the use of the equipment by the Customer or its agents, servants or subcontractors.(ii)any act or omission of the Customer or its agents, servants or subcontractors.(iii) any accident involving any member of the public arising out of or inconsequence of the hireage and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment.
7.13 For the avoidance of doubt in terms of the Health Safety and Employment Act 1992 the Customer shall not be deemed to be either an employer or a contractor nor a person who controls a place of work.
7.14 The Customer warrants that all persons who use the equipment shall be competent and qualified to use the equipment and shall use the equipment in the manner it was designed to be used.
7.15 If the Customer is not an individual, the person who signs this contract on behalf of the Customer warrants that he/she has authority to bind the Customer and will, in any event, be personally liable for the performance of the obligations of the Customer.

8 PPSA
8.1 The Customer acknowledges and agrees that this Agreement constitutes a security agreement for the purposes of the PPSA and that HIREME may register a financing statement on the PPSR to protect its title in and ownership of the Equipment. All equipment hired by the Customer from HIREME is hired subject to a security interest in favour of HIREME. The Customer must do anything, including obtaining consents and signing documents, which HIREME requires for the purposes of ensuring that HIREME’s security interest is perfected, enforceable and effective under the PPSA, enabling HIREME to obtain first priority for its security interest and enabling HIREME to exercise its rights in connection with security interest.
8.2 If the Equipment becomes affixed to land or attached, fixed, or incorporated into any other property, title and ownership in the Equipment remains with HIREME.
8.3 The Customer agrees that nothing in sections 114(1)(a), 133 or 134 of the PPSA applies to this Agreement. The Customer waives its rights under sections 121, 125, 129, 131 and 132 of the PPSA. The Customer waives its rights to receive verification that HIREME's security interest in the Equipment has been registered on the PPSR.
8.4 The Customer must not lease, hire, bail or give possession of the Equipment to any else or grant or create any security interest in the Equipment.

9 Right to Terminate
9.1 HIREME may terminate this Agreement by verbal or written notice to the Customer with immediate effect if:(i)the Customer does not pay any amount owed to HIREME on the due date;(ii)the Customer fails to comply with or otherwise breaches any term of this Agreement or any other agreement between HIREME and the Customer;(iii)the Customer is unable to pay its debts or is deemed or presumed to be unable to pay its debts, or stops or threatens to stop payments;(iv)a receiver, administrator or similar official is appointed in relation to any asset of the Customer or the Customer requests the appointment of, or an application is made for the appointment of, any of those officials;(v)an application is made or any steps taken for the bankruptcy or liquidation of the Customer or the Customer is declared or becomes bankrupt or insolvent;(vi)all or any part of any Equipment is seized by any other creditor of the Customer or any other creditor intimates that it intends to seize all or any part of any Equipment; or HIREME believes (in its sole discretion) that:(vii)the Equipment may be at risk for any reason whatsoever (including the manner of its use by the Customer or adverse weather or conditions);(viii)if the Customer is unable to, or in HIREME's opinion will be unable to, pay any amount under this Agreement or otherwise owing to HIREME.
9.2 The Customer indemnifies HIREME against all costs, claims, damages, expenses or liability suffered or incurred by HIREME whether arising directly or indirectly from HIREME acting to recover any Equipment or otherwise in connection with the exercise or attempted exercise of any of its rights or remedies under this Agreement.
9.3 Upon termination of this Agreement the Customer shall immediately:(i)return all Equipment, in the same order and condition as at the commencement of the hire period, to the Return Location; and(ii)pay all amounts owed by the Customer to HIREME.
9.4 Termination of this Agreement by HIREME is without prejudice to any rights that HIREME may have at law or under this Agreement.

10 Liability
10.1 HIREME makes no warranty, guarantee or representation as to the state, quality or fitness of the Equipment for any purpose and, to the fullest extent permitted by law, all statutory or implied conditions, guarantees and warranties are excluded. For the avoidance of doubt, no warranty, guarantee or representation shall be implied by the description of the Equipment on the front page of this Agreement or by the provision of any information relating to the proper operation and maintenance of the Equipment.
10.2 To the fullest extent permitted by law HIREME has no liability to the Customer for any direct or indirect or consequential loss or damage or for any loss of profit (or any other form of economic loss) howsoever arising.
10.3 Subject to clause 10.2, HIREME limits its liability to the Customer, howsoever arising, to a maximum of the Hire Charge.

11 Collection and Use of Information
11.1 The Customer authorises HIREME to obtain credit or trade references about the Customer from any suitable person and/or organization and to verify any such information provided and to collect, retain, use and disclose information about the Customer to any persons as may be necessary enabling HIREME to:(i)assess the Customer's creditworthiness;(ii)evaluate the hire of equipment by the Customer;(iii)enforce any of its rights under this Agreement;(iv)market any goods and/or services to the Customer.
11.2 The Customer's request to hire the Equipment may be declined if the Customer fails to provide any requested information.
11.3 Where the Customer is a natural person:(i)the authorities under clause 11.1 are authorities or consents for the purposes of the Privacy Act 1993;(ii)the Customer has a right of access to personal information held by HIREME and may seek correction of that information and require that the request be stored with that information. HIREME may charge its reasonable costs of providing access to that information.
11.4The Equipment may contain on-board devices, GPS tracking devices or similar devices which enable the Equipment to be connected to the internet and to send commands to, and receive certain information from, the Equipment including, but not limited to, location data, activity reports and speed, battery voltage and ignition statuses. The Customer expressly consents to HIREME:(i)using such devices on the Equipment during the term of this Agreement (including the Agreed Hire Period)(ii)collecting, using and retaining the information from such devices.
11.5 HIREME is the sole owner of the data provided or produced by all on-board devices, GPS tracking devices or similar devices installed or attached to the Equipment.

12 General
12.1 No waiver of any breach, or failure to enforce any provision, of this Agreement at any time by HIREME shall in any way limit or waive its right to subsequently require strict compliance with this Agreement.
12.2 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, that will not affect or impair the legality, validity or enforceability of any other provision of this Agreement.
12.3 The Agreement is personal to the Customer and is not capable of assignment by the Customer. HIREME may assign its rights under this Agreement without the consent of the Customer or any guarantor.
12.4 Should a dispute arise relating to any of these terms and conditions, the hire or the use of any Equipment with the exception of any payments due HIREME the parties agree to resolve the dispute between themselves, and in the event of failure to come to some resolution by this means, the parties agree to settle the dispute by mediation with the assistance of the Hire Industry Association of New Zealand Inc. before commencing any litigation proceedings. And if that fails then the parties agree to arbitrate the issue in dispute in accordance with the Arbitration Act 2001.
12.5 This Agreement constitutes the entire terms and conditions of the agreement between HIREME and the Customer in relation to the Equipment.
12.6 This Agreement is governed by the laws of New Zealand. The parties agree to submit to the non­ exclusive jurisdiction of the courts of New Zealand.

Definitions
"Actual Return Time" means the date and time that all Equipment is required to be available at the agreed Location.
"Additional Charges" includes any (a)Late Return Charges (b)Cleaning Charges (c) Fuel Charges (d) Excess hours as per clause 1.2
"Agreed Hire Period" means, subject to clause 2.1, the hire period specified in this hire Agreement.
"Agreed Return time" means the return date and time specified in this hire Agreement.
”Agreement" means this hire agreement including these terms and conditions and also includes any other quote, invoice or document evidencing or describing any Equipment is incorporated into and forms part of this agreement.
"Bond" means a pre authorisation up to $1,000 that HIREME can place on a customers account or credit card for the payment of Additional Charges
"Cleaning Charge" means the cost of any cleaning for all or part of the Equipment as deemed required by HIREME in its sole discretion whereby the equipment is recovered in an abnormally soiled condition
"Customer" means the person or company named as such in this hire Agreement. and includes any person acting on behalf of, or with the authority of, that customer.
"Equipment" means the equipment described in this hire Agreement. and includes all attachments and accessories with that equipment.
"GST" means Goods and Services Tax at the rate prevailing from time to time.
"Hire Charge" means the hire charge specified in this hire Agreement..
"Hire Start Time" means the time that the hire period commences as determined in accordance with clause 2.2.
"HIREME" includes its directors, employees, contractors and agents.
"Late Return Charge" means a hourly charge of $100 per hour plus GST for the Equipment for the period commencing on the Agreed Return Time and ending on the Actual Return Time.
"PPSA" means the Personal Property Securities Act 1999.
"PPSR" means the Personal Property Securities Register.
"Return Location" means the location that the Customer shall make the Equipment available as specified in this hire Agreement.
"Quote" means any written quote regarding the hire of the Equipment which HIREME has provided to the Customer.
"Termination Date" means the date on which this Agreement is terminated.