Please review this agreement before your hire commences. By hiring equipment from Twizel Hire 2021 Limited, you are entering into a legally binding agreement, as outlined below.
These Terms of Hire, together with:
When We refer to the following terms in this document:
We agree to hire the Equipment to You and will:
4.1 This Hire Agreement is personal to You and You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
4.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
4.3 You must:
4.4 You must:
4.5 At all times during the Hire Period, You must store the Equipment safely and securely.
4.6 You will allow Us to enter Your premises and inspect and maintain the Equipment from time to time during the Hire Period during normal working hours. If We cannot inspect or maintain the Equipment during normal working hours, then additional charges may apply. You can also request to conduct a joint inspection of the Equipment with Us at the end of the Hire Period.
4.7 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer's guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
4.8 You must not remove the Equipment from the Region in which You hired it without Our written consent.
4.9 You must not use the Equipment off-shore, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
5.0 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
5.1 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
5.2 If, at Your request, We supply an operator to operate the Equipment (“Operator”):
6.1 You will pay Us for the hire of the Equipment at the Hire Charge set out on the Product Listing
6.2 The Product Listing will specify the type of rate which applies to You and the method of calculation.
6.3 You will be charged for the hire of Equipment for the full Hire Period. For the avoidance of doubt, You must continue to pay the Hire Charges and other charges after the Expected Off Hire Date if You have not returned the Equipment to Us by the Expected Off Hire Date. This obligation survives termination of the Hire Agreement.
7.1 In addition to the Hire Charges, You agree to pay:
8.1 The equipment is to be returned with the same amount of fuel as it went out. Incorrect fuel, or failure to refuel equipment will result in a charge for the fuel along with an administrative fee added to the price per litre of no more than double the purchase price of the fuel.
9.1 You must pay all Hire Charges and other fees, charges and costs that become due and payable under this Hire Agreement within the time period stated on the invoice (the 20th of the following month).
9.2 If You do not pay the invoice in full by the payment due date, We may charge, in addition to any other costs recoverable under this Hire Agreement
10.1 You acknowledge that We own the Equipment and in all circumstances We retain title to the Equipment. Your rights to use the Equipment are as a bailee only.
10.2 You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.
10.3 In no circumstances will the Equipment be deemed to be a fixture.
10.4 You acknowledge that We may hire or lease Equipment from a third party if we cannot provide the Equipment to You (“Third Party Owner”), and if this occurs, title in the Equipment remains with the Third Party Owner.
11.1 If the Equipment has broken down or become unsafe to use as a result of Your acts or omissions, (or the acts or omissions of Your employees or contractors) or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Hire Period, You will be liable for:
11.2 Provided that You pay the costs and charges described in clause 11.1, We will return or replace the Equipment provided we are reasonably able to do so, and You must continue to pay the Hire Charges for the remainder of the Hire Period.
12.1 You are responsible for any loss, theft or damage to the Equipment from any and every event whatsoever and howsoever and by whosoever caused during the Hire Period except where any such loss, theft or damage was caused by Our actions.
13.1 In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period You must:
13.2 Upon receiving notice from You, We will not impose a Hire Charge for that portion of the Hire Period for which the Equipment was broken down or unsafe.
14.1 You must return the Equipment to Us in the same clean condition and good working order it was in when You received it, ordinary fair wear and tear excluded. If You do not properly clean the Equipment or in Our view (acting reasonably) the Equipment is not decontaminated, We will charge You a cleaning cost and You will be liable to continue to pay the Hire Charges for that portion of the Hire Period during which the Equipment is being cleaned by Us (and notwithstanding that You may have provided a clearance report that the Equipment is not contaminated).
14.2 It is Your responsibility to return the Equipment to the Twizel Hire yard or shed (to the same location you collected it from) during normal business hours, unless agreed otherwise.
14.3 If We have agreed to collect the Equipment from You, You must ensure it is kept safe and secure until the time of collection.
15.1 Either party may terminate this Hire Agreement and any Hire Period immediately by giving notice to the other party, if:
15.2 We may terminate the Hire Agreement and any Hire Period for any other reason on 24 hours notice.
15.3 We may terminate the Hire Agreement immediately if You or any third party has made a false statement in, or breached any provision of the Relevant Documents.
15.4 These rights of termination are in addition to any other rights either party has under the Hire Agreement and does not exclude any right or remedy under law or equity.
16.1 Subject to clause 16.3, and except as expressly provided to the contrary in this Hire Agreement, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Hire Agreement or its subject matter are excluded to the maximum extent permitted by law.
16.2 Nothing in this Hire Agreement excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Consumer Guarantees.
16.3 Where We are not able to exclude a guarantee, term, condition, warranty, undertaking, inducement or representation imposed by legislation in relation to this Hire Agreement, (‘Non-Excludable Provision’), and We are able to limit Your remedy for a breach of the Non-Excludable Provision, then Our liability for breach of the Non- Excludable Provision is limited to (at Our election):
16.4 Subject to Our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Our maximum aggregate liability for all claims under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the fees paid by You under this Hire Agreement. In calculating Our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by Us for a breach of any Non- Excludable Provisions.
16.5 Subject to clauses 16.3 and 16.4, We will not be liable to You for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs You have incurred, amounts that you are liable to Your customers for or any loss suffered by third parties under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
16.6 You are liable for and indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) in respect of:
16.7 Each indemnity in this Hire Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of this Hire Agreement. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by this Hire Agreement.
16.8 We will not be liable to You for any acts or omissions of any person supplied by Us where that person is acting under Your direction and control during the Hire Period and you indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) arising from or incurred in connection with such acts or omissions.