Hire Agreement Terms & Conditions

These are the terms and conditions subject to which we allow you to hire our Equipment. By signing this agreement, you agree to be bound by them.

We are Auckland Saddle Fit Ltd, Company number 8807857 of 50 Rosella Grove, Waimauku, Auckland 0812 (the “Owner”)

You are: Anyone who hires the Equipment from the Owner (the “Hirer”)

It is now agreed as follows:

Definitions: 

These definitions apply unless the context requires a different interpretation:

“Charges” - means the hiring fee and includes all cost related in any way to this hire agreement.

“Deposit” - means a sum paid by you to us as a bond against the possibility of loss or damage to the Equipment while in your possession and against late return of the Equipment to us.

"Equipment" - means the subject matter of this agreement as described in the Quotation.

“Hire Period” - means the period of time within which you are entitled to have possession of the Equipment.

"Quotation" - means a fixed price offer by us to you which you have accepted, a copy of which is attached to this agreement as Schedule.

"Services" - means the hire of Equipment and any other services we provide to you under this contract.

"Site" - means the place where the Equipment is to be used by you.

Interpretation:

In this agreement unless the context otherwise requires:

1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.

2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

3. a reference to a person or party includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.

4. in the context of permission, “may not” in connection with an action of yours, means “must not”.

5. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

6. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

7. all money sums mentioned in this agreement are calculated net of GST, which will be charged when payment is due.

these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.

The basic contract:

1. This is a hire agreement. We own the Equipment and hire it to you for the Hire Period, for a Charge. You may not deal with the Equipment in any way which is contrary to our ownership of it. If you do, you will be in breach of this agreement and will also be committing a criminal offence.

2. The Hire Period is from the date of this agreement.

3. The Quotation is an invitation to hire. Neither of us is bound to a legal agreement until you accept and sign this agreement.

4. This agreement and the Quotation together contain the entire agreement between us and supersede all previous agreements and understandings between us. By signing, you accept the terms set out in the Quotation and the terms of this agreement.

5. Risk in the Equipment passes immediately to you when the Equipment leaves our possession. That means you are responsible for taking care of it. You remain responsible until the Equipment is safely back in our possession.

Delivery:

1. If you ask us to deliver the Equipment, and we agree, we shall have given you a price for delivery as part of our Charge. That Charge must be paid in advance when you pay for the hire contract. Delivery will be made by us [or the carrier] to your address stipulated in the Quotation. You must ensure that someone is present to accept delivery. We shall not leave the Equipment without you having signed for it.

2. We require 1 day’s notice of your requirement and readiness to take delivery.

3. If we cannot deliver the Equipment within 3 days of the date of this agreement, we shall notify you by e-mail to arrange another date for delivery.

Charges and Deposit: payment procedure

1. All Charges are specified in the Quotation.

2. All the payments may be made by credit card or direct credit or otherwise as specified in the Quotation.

3. You may have to pay a Deposit specified in the Quotation, this shall be paid by you to us on signing this agreement.

4. The Deposit will be repaid to you after you have returned the Equipment and we have had a reasonable time to assess its condition.

5. The Deposit will be returned to your credit card or bank account through the same mode you have paid to us.

6. If we have a reason to make a deduction from the Deposit, we will tell you the reason and the sum deducted. We shall never deduct more than our actual loss or cost of remediation, or additional hire time.

7. If you cancel an order after you have contracted to hire Equipment, we shall have lost money. You agree that we may reasonably charge you not more than 50% of the Charges in the event of cancellation by you. If we have to collect the Equipment from the Site, the Charge for doing so will be payable in full.

8. If we owe you money for repayment of the Deposit (or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date when we accept that repayment is due.

Equipment not as ordered:

1. We shall use all reasonable endeavours to ensure that:

   1. the Equipment complies with its description on the Quotation; and

   2. is of satisfactory quality and/or fit for purpose.

2. Immediately upon taking possession of any Equipment, you should examine it and satisfy yourself that it complies with the Quotation, is of merchantable quality and has arrived in safe, clean and usable condition.

3. If you find any defect in the quality or quantity of the Equipment, or a failure to comply with the Quotation, you must immediately inform us of that defect. If no notice is received by us within 2 days from the time of delivery, then we shall be entitled to assume that you have accepted the Equipment.

4. If you claim that the Equipment was defective, you must return it to us in the exact same condition as you received it.

5. In returning a defective Equipment please enclose with it a note clearly stating the fault and when it arises or arose.

Breakdown and repair:

1. You must inform us immediately of any problem in the operation of the Equipment.

2. If we agree that there is a fault in the Equipment, you may choose whether we should replace it or terminate the hire. In any event we will refund you, for any period in which the Equipment is not useable. We shall refund to you the cost of return to us.

3. If we repair or replace Equipment, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect or problem.

4. If you have been negligent in your care or use of the Equipment, you will pay us for appropriate replacement Equipment of the same quality without deduction for depreciation or use.

Hirer’s other obligations:

You agree that you will:

1. not permit any other person to use the Equipment without our written consent.

2. insure against usual risks and in particular against loss of or damage to the Equipment.

3. keep the Equipment safe.

4. not take the Equipment out of New Zealand.

5. allow us to come at any time in normal business hours to inspect the Equipment, and, if damaged, to remove it.

6. return the Equipment to us in condition in which you collected it / we delivered it to you.

Loss or damage caused by third parties:

1. You must inform us immediately if the Equipment is stolen or damaged by a third party.

2. You undertake to report the theft to us and to the Police, and after that to co-operate with us and with the Police so far as your help may be required.

Disclaimers and limitation of liability:

1. Conditions, warranties or other terms implied by statute or common law in any country, are excluded from this agreement to the fullest extent permitted by law.

2. Our business is to hire equipment. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website or from our staff.

3. We are not liable to any person in any circumstances If at any time:

   1. the Equipment has been damaged in any way whatever;

   2. the Equipment has been repaired by someone not authorised by us to provide that service;

   3. the model or serial number of the Equipment has been altered, tampered with, defaced or removed.

4. We make no representation or warranty that the Equipment will be:

   1. useful to you;

   2. of satisfactory quality;

   3. fit for a particular purpose;

Termination:

This agreement terminates on the first to happen of the following events:

1. at the expiry of a fixed Hire Period set out in the Quotation or in this agreement, or any extension of it;

2. we give you notice that we are terminating the agreement because you are, or might be, in breach of this agreement (including a failure to make payment of Charges when due).

You indemnify us:

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law;

2. your breach of this agreement;

and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $100 per hour without further proof.

Miscellaneous matters:

1. No amendment or variation to this agreement is valid unless in writing, signed by us.

2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence, except we shall not be liable if delivery of the Equipment by us is delayed for reasons beyond our control.

3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

7. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

8. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 

1. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

2. This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

3. Unless this agreement says otherwise, neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

4. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.