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(09) 5704656

The following conditions shall apply to the hiring of the equipment more particular described on the face of this document (called “the equipment”), owned by the supplier named on the face of this document (called “the company”), and agreed by the company to be hired to the hirer named on the face of this document (called “the hirer”), that is to say

.    1  In consideration of the hire charge more particularly set out on the face of this document, received by the company from the hirer, the company agrees to hire the equipment to the hirer and the hirer aggress to take the equipment on hire from the company, subject to the terms and conditions set out in this document.

.    2  The hirer shall agree to pay all hiring charges, delivery fees, service fees, pickup fees and deposits to the company before entitled to delivery of the equipment.

.    3  The equipment shall be at the risk of the hirer from time of delivery into the possession of the hirer or hirer’s servant or agents and at 
the end of the hire the company shall be entitled to receive the equipment in a like condition of the equipment at the time of delivery into the possession of the hirer, his servant or agent, provided that the company shall not be entitled to make claim against the hirer in respect of fair wear and tear.

.    4  It is hereby agreed that any person other than the hirer and other than an employee of the company who takes possession of the equipment for the purpose of delivery of the equipment into the possession of the hirer shall be deemed to be the servant or agent of the hirer.

.    5  At the end of any period of hire in respect of which the company has received payment from the hirer, the hirer will have the option to re-hire the equipment at the same rate of hire, provided that the option must be exercised and further hire charges paid to the company before the expiry of the said period of hire and provided further that any such further hire shall in all respect, be subject to the terms and conditions of this agreement as expressed in the document including this option to re-hire the equipment

.    6  Exercise of the option expressed in the previous paragraph shall be deemed to have been affected on payment being received by the company from the hirer.

.    7  The hirer hereby expressly warrants that he/she is aware that it shall at all times remain his/her responsibility to ensure the return of the equipment to the company, in the event that the hirer does not wish to exercise that option expressed in paragraph 5 above and that the hirer shall be responsible for the further hire payments at the rate of hire (as well as any other charges which may be applicable) for any period or part thereof that the equipment shall not be redelivered into the possession of the company notwithstanding any agreement entered into or on behalf of the company, any such agreement being herein expressly negatived.

.    8  In the event of the option expressed in paragraph 5 above not being properly exercised, or in the event of the company determining this contract for any reason whatsoever, the company shall be entitled to retake possession of the equipment forth with without notice to the hirer and such right of retaking of possession extends to and includes a right and a license in the company or its servant or agent to enter upon any premises, by means of forcible entry if necessary, such being at the sole discretion of the company or its servant or agent, at any time of the day or night, without the hirer being entitled to any right of action or form of compensation against the company. In the event of such an entry, whether forcible or other wise, by the company or its servant or agent, onto premises for the of exercising any right of the company pursuant to this agreement resulting in any action claim or demand by any third party against the company, its servants or agent, the company shall be indemnified and hereby indemnified by the hirer against any such action claim or demand including any legal costs incurred by the company in connection therewith, provided that the company shall not be required to consult with the hirer or obtain the hirer's consent to any stop in connection with the defense of any such action, claim or demand or any counter claim of the company in connection herewith.

.    9  Interest at the rate of 10 % per month or part thereof shall accrue on any monies due to the company by the hirer from the due date for the payment until actual payment to the company is received and or the cost of any debt recovery agencies fees.

.    10  The hirer hereby warrants and undertakes that he/she will, in the event of moving to a new place of residences (or in the case of a company, to a new place of business), notify that company prior to such a change, whereupon the company shall have the option to forthwith cancel this agreement and be entitled to immediate redelivery or possession of the equipment.

.    11  The hirer hereby warrants and undertakes that he/she will not move the equipment from the address of the hirer on the face of this document for a period in excess of 72 hours without having first obtained the consent of the company, in writing prior to the moving said equipment.

.    12  The company may terminate this agreement to the hirer at any time by notice in writing posted to the address of the hirer shown on the face of this document. The company shall be entitled to retake possession of the equipment upon delivery of such notice in writing. In the event of such cancellation of this agreement by the company pursuant to this paragraph, the company will undertake to refund, on a pro rata basis, such proportion of the equipment periodic hire rates as shall apply to the unused period of hire.

.    13  In the event of the hirer being in default of payment of any other hire charges or fees or any condition hereof, the company shall be entitled to forthwith cancel this agreement without notice to the hirer and shall be immediately entitled to retake possession of the equipment, In the event of the cancellation by the company of this agreement pursuant to this paragraph, the hirer shall forfeit to the company any hire charges with respect to any unused period of hire.

.    14  The company shall be entitled to retain out of any deposit paid by the hirer such amounts as the company may, its discretion, decide shall be sufficient to compensate the company for any loss, damage or inconvenience occasioned to the equipment or the company pursuant to this agreement.

.    15  The minimum period of the hire shall be 8 weeks, unless otherwise expressly agreed by the company.

.    16  In the event of (I) the hirer being in default in payment of any hire charges (ii) equipment is returned damaged condition which is not 
the same as to the condition at the time of possession to the hirer fair wear and excepted or (iii) the equipment is destroyed, stolen or permanently removed then and in such a case or cases the hirer expressly aggress to pay for all charges, all and any costs of repair or the full retail replacement cost of the equipment, and the company is hereby authorized to use the hirer’s credit card debit authority to pay all amounts due under this agreement and the hirer agrees that such amounts will be charged to that credit card account.

.    17  If there shall be any inconsistency between these term and the provisions of the consumer Guarantees Act 1993, then the provisions of the Consumer Guarantees Act 1993 shall prevail.

.    18  All rates specified herein included GST.

.    19  The hirer shall agree to pay a service and pickup charge for the collection of the equipment of $40 NZD.