1. Definitions
1.1. The following words in this Agreement have the corresponding definitions:
“Agreement” means this Master Hire Application and Agreement describing the Equipment and Hire Charge, which includes the Terms and Conditions.
“Owner” means Fleet Review Services Limited (“FRSL”).
“Equipment” means all equipment supplied by FRSL to the Hirer, including but not limited to consumables, accessories, vehicles, parts and tools supplied to the Hirer. 
“Hire Charge” means the hire charges as agreed between FRSL and the Hirer on page 1 of this Agreement, subject to clause 2 of these terms and conditions. Equipment is hired out at a daily rate, subject to the Minimum Hire Period. 
“Hire Period” means the period between the time as shown on the Hire Agreement, (which is the time the Equipment leaves FRSL premises) until the return of the Equipment to FRSL premises during normal trading hours. 
“Hirer” means the person listed on page 1 of this Agreement, or any person acting or purporting to act under the authority or control that person.
“Guarantor” means the person or persons or entity who agrees to be liable for the debts of the Hirer.
“Minimum Hire Period” is the period described on page 1 of this Agreement. 

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2. Hire Charges and Payment
2.1. The Hire Charge excludes GST, delivery costs, fuel, cleaning charges, service charges and all saleable and consumable items which shall be separately charged. A cleaning charge will be applied on all Equipment returned unclean. 
2.2. If the Hirer does not have a trade account with the Owner, the Hirer will be required to provide a bond to the Owner (which is refundable upon the return of the Equipment). 
2.3. Conditions which prevent satisfactory operation of the Equipment do not relieve the Hirer of its responsibility for Hire Charges. 
2.4. Notwithstanding clause 2.2, if the Hirer has a trade account with the Owner, payment shall be due on the earlier of the 20th of the month following the date of the invoice or completion of the Hire Period for Equipment hired. 
2.5. Any expenses, disbursements and legal costs incurred by the Owner in recovering possession of the Equipment and in the enforcement of any rights contained in these terms and conditions shall be paid by the Hirer, including any reasonable solicitor’s fees or debt collection agency fees.

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3. Hire Period
3.1. The Owner will charge the Hirer Hire Charges for the Minimum Hire Period irrespective of the length of hire. 
3.2. The Owner may in its absolute discretion decline to hire Equipment to the Hirer at any time. 
3.3. All Equipment is used at the Hirer’s risk and risk shall pass to the Hirer upon the commencement of the Hire Period until the end of the Hire Period.

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4. Delivery and Collection of Equipment
4.1. Where the Owner agrees to deliver and collect the Equipment the Hirer will pay all delivery charges.

 

5. Care of Equipment
5.1. The Hirer acknowledges that the Equipment may not be new but will be clean and in good working order for normal use at its stated capacity at the start of the Hire Period.
5.2. The Hirer must:
5.2.1. Satisfy itself that the Equipment is suitable and in a condition for its purposes. 
5.2.2.Ensure that the Equipment is operated:
a) by a suitably qualified operator using sufficient safety equipment;
b) In a skilful and proper manner, within the instructions provided by the Owner;
c) Only for the purpose and within the capacity for which it was designed; 
d) Strictly in accordance with the law and industry best practice. 
5.2.3. Be liable for all consumables.
5.2.4. At the Hirer’s expense, clean, fuel, lubricate, check water, maintain, keep and return the Equipment in good condition.
5.2.5. Immediately notify the Owner of any breakdown, damage, destruction, theft or loss of the Equipment.
5.2.6. Be liable for any loss, theft, damage or destruction of any equipment during the hire period including any insurance excess costs. 
5.2.7. Safely secure all Equipment loaded in the Hirer’s vehicle and indemnify the Owner in respect of any injury and/or damage caused by Equipment falling from the Hirer’s vehicle or trailer. 

 

6. Exclusion of Warranties and Liabilities
6.1. Where the Consumer Guarantees Act 1993 (“CGA”) applies, the Hirer has the benefit of guarantees in relation to the hire of Equipment which cannot be excluded.
6.2. Where the CGA applies and the Equipment is hired for business purposes, the CGA is excluded to the fullest extent permitted by law.
6.3. To the extent that the CGA (or any law which cannot be excluded) does not apply, the Owner makes no representations, gives no warranties other than those set out in this Agreement, and will not be liable to the Hirer for any damages, costs or liabilities, whatsoever (including consequential loss).
6.4. The Owner shall have no liability to the Hirer, the Guarantor, or any other person whether in contract, tort or otherwise for any consequential or indirect damages or losses except to the extent otherwise mandatorily required by law.
6.5. The maximum aggregate liability of the Owner to the Hirer, whether in tort, contract or otherwise in relation to claims, losses, damages, costs or expenses arising out of the provision of the Equipment under this Agreement is limited to the total Hire Charge.

 

7. Liability and Indemnity
7.1. The Hirer is liable for:
7.1.1. any loss of, or damage to, the Equipment and its accessories during the term of the Hire Period;
7.1.2. any consequential damage, loss or costs incurred by the Owner, (including but not limited to salvage costs, loss of ability to re-hire and loss of revenue); and 
7.1.3. any loss of or damage to Equipment, or property of third parties arising during the Hire Period.

 

8. Insurance 
8.1. The Hirer’s liability under clause 7.1.1 is covered by the Owner’s insurance policy Aon NZ Vertex Commercial Motor Vehicle 05-16 for the market replacement value of the Equipment (subject to clause 9); the Hirer is liable to pay the excess in respect of any claims.
8.2. The Hirer’s liability under clause 7.1.2 is not covered by the Owner’s insurance.
8.3. The Hirer’s liability under clause 7.1.3 is covered by the Owner’s insurance up to the value of $20,000,000.00, and the Hirer is liable for any insurance excess on any claims. 
8.4. If the Hirer holds their own public liability insurance in respect of claims under clause 7.1.3, that will apply in priority over the Owner’s insurance. 
8.5. Any insurance excess payable by the Hirer is as specified on page 1 of the Agreement and is payable for each incident that occurs.
8.6. If the damage is excluded under the Owner’s insurance policy, the excess will be considered part payment toward the total damage cost and all additional costs not covered by insurance will be charged to the Hirer directly.

 

9. Insurance Exclusions
9.1. The Hirer acknowledges that the cover referred to in clause 8.1 will not apply: 
9.1.1. at any time when the Hirer of the Equipment is under the influence of alcohol or any drug whilst operating the Equipment;
9.1.2. at any time when the Equipment is driven by anyone not covered by the Hire Agreement as a person permitted to use the Equipment during the Hire Period;
9.1.3. at any time when the Equipment is willfully or recklessly damaged or lost by the Hirer;
9.1.4. at any time when the Hirer commits a traffic offence while using the Equipment;
9.1.5. at any time when the Equipment is loaded or is being loaded in excess of the manufacturer's specifications;
9.1.6. As may otherwise be excluded and/or outside the scope of the cover referred to in clause 8.1 of this Agreement.

 

10. Payments by Hirer
10.1. The Hirer acknowledges that they shall be liable at the end of the Hire Period to pay to the Owner any additional charges payable at the end of the term, as per clause 2.1.
10.2. These include, but are not limited to:
10.2.1. charges for damage to or repair of the vehicle, including but not limited to insurance excess;
10.2.2. any enforcement charges relating to such damage or repairs (including legal costs); 
10.2.3. charges for cleaning the Equipment if it is returned in an excessively dirty condition that requires extra cleaning or deodorizing; 
10.2.4. traffic and/or parking offence infringement fees; 
10.2.5. GST;
10.2.6. Delivery and transport costs;
10.2.7. Fuel;
10.2.8. Service and cleaning charges.

 

11. Hirer Authority
11.1. The Hirer warrants that it has authority to sign this Agreement and indemnifies the Owner against all losses and costs that may arise out of the person signing failing to have such authority to do so.

 

12. Privacy Act 1993
12.1. The Hirer and Guarantor authorise the Owner to collect, retain, disclose to any person and use any information about the Hirer and any Guarantor, for the purpose of assessing the Hirer’s or Guarantor’s creditworthiness, enforcing any rights under these terms and conditions or marketing the Equipment provided by the Owner to any other party. The Hirer or Guarantor has the right to access personal information (as defined in the Privacy Act) held by the Owner and request corrections of any errors in that information.

 

13. General
13.1. If any provision is held to be illegal, invalid or unenforceable in any respect under New Zealand law, that will not affect or impair the legality, validity or enforceability of any other provision in this Agreement.

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