TERMS AND CONDITIONS OF HUNTLY HIRE & SERVICE CENTRE LTD

1. CONDITIONS
The conditions of Hire set out below shall apply to all contracts for hire of goods

(”equipment”) between the owner and the person hiring the equipment (”Hirer”) and shall not be deemed or construed to be modified, amended, waived, in whole or in part, except by written agreement by the parties hereto.

2.CHARGES

2.1 Equipment may be hired for: (i) the minimum period; or, (ii) weekly. Such hire periods are as defined in Clause 2.2 (”hire period”) may charge extra on an hourly or daily basis for any equipment usage in excess of the maximum usage time.

2.2 Hire periods with maximum usage time in brackets are:

• “Minimum period” means 4 hours (maximum usage 4 hours)
• “daily” means 24 hours (maximum usage 8 hours)
• “weekly” means five and a half (5H) days (maximum usage 44 hours)

2.3 The hire period begins from the time the equipment leaves the Owner’s premises until the equipment is returned.

2.4 The Hirer shall pay as invoiced for the hire period, materials used, loss and damage waiver charges, damage to or loss of the equipment, cleaning costs (if any), default interest for late payment all charges plus GST unless otherwise indicated.

3.PAYMENT AND DEFAULT INTEREST

3.1 The Hirer will pay a bond of not less than the estimated total charge.

3.2 On return of the equipment, the actual total charges will be calculated and the Hirer will either pay or be refunded the difference between the bond and the actual total charge.

3.3 Any agreed discount for charge account customers is claimable only if the account is paid by the 20^th of the month following date of invoice.

3.4 Without prejudice to the Owners other remedies hereunder or at law or otherwise the Hirer will pay default interest at the Owner’s current account overdraft interest rate(as certified by the Owner’s banker) plus 2% on a day to day basis on all outstanding amounts from the end of the greed hire period (for cash customers) or from the 20^th of the month following date of invoice (for charge account customers) until all monies have been paid in full.

3.5 No credit shall be extended on overdue accounts.

4.DELIVERY AND REMOVAL

4.1 Delivery and removal charges are extra.

4.2 The Hirer hereby authorises the Owner to bring the Owner’s vehicle onto the place where the equipment is to be used and to deliver and remove the equipment. The Hirer indemnifies the Owner against any cost, claim, damage, expense incurred or action commenced against the Owner directly or indirectly arising from the Owner delivering or removing the equipment.

4.3 Requests for removal must be made by telephone at completion of hire.

5. OWNER’S RIGHT TO CANCEL

5.1 If the Owner believes the equipment is at risk or that the Hirer is unable or might be unable to pay hire charge that Owner may take whatever action the Owner considers necessary to retake possession of the equipment. Accordingly, the Hirer grants the Owner the irrevocable right and authority to enter at any time onto any place where the equipment is situated or thought to be situated and to remove the equipment.

5.2 The Hirer shall indemnify and continue to 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 the powers of this clause or otherwise acting to recover any equipment hired or monies payable by the Hirer pursuant to the contract.

6. NO ASSIGNMENT

6.1 This contract is personal to the Hirer and is not capable of assignment whether in whole or in part but the Hirer.

7. HIRER’S OBLIGATIONS

7.1 The Hirer shall:

1.1.1 take proper and reasonable care of the equipment and return it in good order and condition; and

7.1.2 carry out all necessary servicing, (including by way of the example the supply of all necessary oils, grease and fuel) at the HIRER’S OWN EXPENSE ; and

7.1.3 satisfy themselves that the equipment is suitable for their intended use, and

7.1.4 use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment, and

7.1.5 immediately notify the Owner by the telephone if the equipment breaks down; and

7.1.6 reimburse the Owner for any damage to or loss of or forfeiture of the equipment howsoever arising including (by the way of example and not limitation) any loss or damage caused by overloading of electric tools and motors, incorrect electric current, lack of lubrication, blow outs and cuts to tyres, disappearance or theft of equipment, fire, damage in transit, negligence, misuse; and

7.1.7 not bring or threaten to bring any claim against the Owner for loss or damage incurred or threatened against the Hirer or arising directly or in directly from the Hirer’s use of the equipment; and

7.1.8 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 equipment and whether or not such expense, loss, damage, claim, demand or action was due directly or indirectly to the Owner.

7.2 The Hirer 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 is was designed to be used.

7.3 If the Hirer is not an individual the person who sign’s this contract on behalf of the Hirer warrants that s/he has authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer.

8. OWNERS RESPONSIBLILITES

8.1 The Owner warrants that to the nest of its knowledge and belief the equipment, should perform to the manufacturer’s specifications after due allowance for the age of the equipment in question. This warranty is to the exclusion of all other warranties express or implied statutory or otherwise .

9. LOSS AND DAMAGE WAIVER

9.1 If the Hirer has paid the loss and damage waiver charge, the Owner will waive the Hirer’s liability (in terms of Clause 7.1.6) for accidental damage (PROVIDED THAT the Hirer has at all times acted reasonably) or theft of any equipment from secure premises PROVIDED FURTHER THAT in any case of theft the Hirer shall immediately notify police (taking the name of the police contract) and the Owner.

9.2 Special conditions or exclusions may apply depending on the nature or location of the Hirer’s use of the equipment and these should be notified to the Owner prior to the equipment leaving the Owner’s premises.

9.3 For the avoidance of doubt the Hirer acknowledges that mysterious disappearance, loss or damage resulting from negligent acts or omissions of the Hirer, earthquake and war damage, punctures and damage to tyres ARE NOT COVERED by the loss or damage waiver.

10. LIMITATION OF LIABILITY

10.1 The Hirer acknowledges that in no circumstances whatsoever shall the Owner be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising, (whether in contract or in tort(including that resulting from the negligence of the Owner, or arising by operation of law) and whether suffered by the Hirer and/or any third party for any amount that exceeds the amount actually paid by the Hirer to the Owner pursuant for the contract.

11. GENERAL

11.1 Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes plural and vice versa. Persons include incorporated and unincorporated entities. Word importing one gender includes the other. A reference to a clause or sub clause is a reference to a clause or sub clause hereof. A reference to Owner includes its servants and agents.

11.2 If at any time and provision of 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.