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An
agreement between Pronto Hire Group Ltd of Wellington, New Zealand,
(hereinafter called "the Owner") of the one part and the hirer described
overleaf (hereinafter called "the Hirer") of the other part. The Hirer
agrees to be bound by and accepts the terms and conditions of hire as set
out herein and acknowledges that he has read and fully understands this
agreement.
1.
Delivery and removal of equipment
The
Hirer authorises the Owner to bring its vehicle onto his property to deliver and
to recover the equipment at the end of hire. The Owner shall not be
responsible to the Hirer nor third parties for any damage that may be done
to
property or underground services by any reason of the weight of the vehicle.
Requests for collection must be made by telephone when the Hirer has
finished with
the equipment and not by prior arrangement. The hirer must ask for a pick
up number to
confirm this has
been effected.
All cartage
charges are to
be paid by
the Hirer unless specified in writing. Equipment must be packed up, ready for
loading, and assistance rendered to the Owner's driver if more than one
person is
required to load
it.
Client must
obtain an off
hire number when
terminating hire. Client is still responsible for equipment until picked up
from site
by the Owner.
2.
Hire Period
Hiring commences at the time shown on the face of this form, which is the
time the
equipment leaves the Owner's store. The hiring shall terminate at the time
stated by the Hirer on the face of this form. By that time the equipment is
to be
delivered back into the Owner's store either by the Hirer or following
collectionby
the Owner's vehicle at the Hirer's request.
3.
Owners right to Hire
The
Owner may terminate the hire at any time without reason by giving the Hirer 48
hours written notice. Such notice may be given either by personal delivery, by
post, or facsimile to either the job address or any other address of the
Hirer
specified on the face of this agreement. In the case of notices posted to
theHirer the period of notice shall commence to run from the time at which thenotice would have been delivered in the ordinary course of the post. The
Ownershall not be responsible to the Hirer for any loss arising as a result of
such
termination. Not withstanding termination of the hiring the Hirer shall be
obligedto
pay the Owner a sum equivalent to hire fees at the rate specified herein in
respect of any
period from the
date of
termination of
the hiring until
the equipment
is
actually
returned to the
Owner's store.
4.
Hiring Charges
In
the absence of any special arrangements to the contrary equipment is hired on a
daily rate, Saturday, Sunday and holidays included.
Minimum rates apply when (i) the term of the hire is not greater than 4
hours
during our normal business hours or (ii) the term of the hire is overnight
between the
hours of 4pm to 8am Monday to Saturday.
Daily rates apply in all other cases except that half day may apply when the
equipment is returned on day other than the day it is hired on and where the hire
period during the normal hours of business in any one day is less than 5
hours. The
hire period is based on the time the equipment is uplifted until the time
the
equipment is returned or advised for pickup, not the time for which the
equipment is
used.
5.
Payment
Unless the Hirer operates a credit account with the Owner a bond is required
before hiring commences which will exceed the estimated total charges and an
appropriate refund will be made to the Hirer on return of the equipment in
good
order and condition. Should total charges exceed the amount of the bond thebalance is payable by the Hirer promptly on return. The
Hirer by accepting the goods or services agrees to the terms and conditions as
laid down by the Owner and agrees to pay any costs of collection and alllegal fees incurred by the Owner in the event of legal action becoming
necessary.
Where the Hirer operates a credit account with the Owner payment is due on
the tenth day of the month after the date of invoice. Where payment is not made
by the due date, the Owner reserves the right to charge default interest at
the rate of 2% above the Hirer's overdraft rate as it may apply. If
the Hirer does not require the Owner to waive the Hirer's responsibility for
loss or
damage to equipment under Condition 10 then the Hirer must make alternative
arrangements in writing with the Owner through the Owner's finance
department.
6.
Care of Equipment and Breakdowns
The
Hirer shall take proper care of the equipment. In the event of the equipment
being damaged, the Hirer shall pay to the Owner a sum equivalent to the cost of
making good said damage. In the event of the equipment being lost on hire to
the Hirer then the Hirer shall pay to the Owner a sum equivalent to the cost of
replacing the equipment as lost. This obligation subject to Condition 10 as
applicable.The
Hirer warrants that he is competent and qualified to use the equipment in the
way or which it is designed.
Breakdown resulting from misuse shall not in any circumstances shorten the
period of hire. It
is the Hirers responsibility to satisfy himself that the equipment is
suitable for the
work intended and that it is used in a way that complies with all statutory
requirements. The
equipment does not purport to be new stock or equal to new, but when sent out
all items are understood to be in good condition and fit for normal use. The
Owner is not liable for any loss suffered by the Hirer or liability incurred
by the
Hirer as a result of the breakdown of the equipment howsoever caused. Not
withstanding the foregoing any liability attaching to the Owner under this
agreement shall be limited to the amount of hire charges due under this
agreement. In the event of breakdown the Hirer must immediately notify the
Owner by telephone.
7.
Injury or Damage to Hirer or Third persons or Property
The
Hirer shall not have any claim against the Owner for loss or damage suffered by
the Hirer as a result of the Hirer's use of the equipment and further the
Hirer will
indemnify the Owner against any claim by a third person in respect of any
loss, injury or liability arising from this hiring or arising out of the use
of the
equipment hired by the Hirer.
8.
No assignment of hire agreement
This
agreement is personal to the Hirer and is not capable of assignment by
him, and the Hirer shall not sublet the equipment to any other person, but this
shall not prevent employees of the Hirer using the equipment by the Hirer.
9.
No warranties by owner
The
Owner makes no warranty or representations as to the state, quality or
fitness of the equipment for any purpose and no such warranty shall be
implied by
the description of the equipment on the face of this form. All implied
warranties and
conditions as to the state, quality or fitness of the equipment for any
purpose are
hereby excluded.
10.
Waiver of Hirer's Responsibility for loss or damage to the equipment if the
hirer has:
1.
Been charged waiver (insurance) and;
2.
Delivered to Pronto Hire Group Ltd (within 24 hours of the time when the
Hirer first becomes aware of the loss of damage to the equipment) a complete
correct written report of the circumstances of such loss of or damage to the
equipment and;
3.
Lodged a written report in respect of any loss of equipment with the police
&;
4.
Rendered such assistance and done such other things as Pronto Hire Group Ltd
shall have reasonably required for the purposes of enabling Pronto Hire
Group Ltd to recover such loss or damage to the equipment
5.
Then Pronto Hire Group Ltd will waiver the liability of the Hirer to the
total
replacement cost of the equipment, subject to the payment by the hirer of the
following "excess"
Excess: 50% of the replacement cost up to a maximum of $1,000
The
waiver shall not apply to loss or damage to the equipment in any of thefollowing circumstances
Theft of plant unless reasonably locked and secured.
a.
Damage due to misuse, abuse or overloading of the equipment or failure to
take reasonable care of it.
b.
Unjustifiable loss of the equipment
c.
Damage caused to tyres and tubes by blow out, bruises, cuts or other caused
arising from the use of the equipment.
d.
Loss or damage resulting from lack of lubrication or other normal servicing of
the equipment.
e.
Loss or damage of tools, buckets, accessories, grease guns, hoses and
similar,
electrical cords, welding cable, pneumatic tools, steels and other similar
accessories.
f.
Loss or damage to plant where such loss or damage is due to any incident or
accident involving water.
g.
Loss or damage to items on which damage waiver premium is not charged.
h. Loss or
damage of the
equipment
arising from a
breach by Hirer of the
conditions of this agreement.
i.
Loss or damage from use of the equipment in violation of any statute,regulation or by-law.
j.
Loss or damage to motors or other electrical appliances or devices caused by
overloading.
11.
The person signing this document for and on
behalf of the Hirer (if not personallythe
Hirer) warrants that he has the authority of the Hirer to make this contract on
the Hirer's behalf and that he is empowered by the Hirer to bind the Hirer to
this agreement. The person so signing hereby indemnifies the Owner against all
losses and costs that may be incurred by the Owner arising out of the person so
signing the agreement failing to have such power of authority.
12.
The Hirer shall forthwith on request by the
Owner advise the Owner of thewhereabouts of the equipment and allow the Owner or its agent or servants
reasonable time to inspect and test the equipment and for such purposes the
Hirer hereby gives irrevocable leave and licence to the Owner its servants
and
agents to take possession of the equipment remove the same and to enter upon any
premises where the equipment or any of the same may be.
13.
In the case of a person entering into this
contract in a private capacity as Hirer, the
Hirer by entering into this contract hereby authorises the disclosure of
personal
information regarding this creditworthiness by any other party to the Owner
and that
this personal information may be used by the Owner to advise the Hirer of the
Owner's other goods and services. The Hirer has rights of access to and
correction of personal information contained in this contract subject to the
provisions of the Privacy Act 1993.
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