1. The Conditions set out below shall apply and are incorporated into any contract for the hire and/or sale of goods ("equipment") between
The X-Site Group Ltd ("the Owner") and the person hiring or buying the equipment ("Hirer") ("Contract"). The owner reserves the right to
change these Conditions without notice.
1. Equipment will be hired as agreed by the Owner and the Hirer. The relevant hire period is set out in the Contract. The hire period is as
defined on the hire agreement, PROVIDED THAT the Hirer agrees that the Owner may charge extra on a pro rata basis for any equipment
usage in excess of the maximum usage time as set out in that hire agreement, and subject always to the Owner's rights in clause 5.
Certain equipment may carry minimum and/or maximum hiring periods. The Hirer shall not be entitled to a refund or reduced hire
charge if the Hirer chooses to return the equipment to the Owner before the end of the agreed hire period.
2. The hire period begins from the time the equipment leaves the Owner's premises and runs until the equipment is returned to the Owner
at the place of hire or the Contract is terminated pursuant to clause 5.
3. The Hirer shall pay as invoiced for the hire period for all materials used, insurance levy charges (if applicable), delivery/removal costs,
excess use charges, damage to or loss of the equipment, cleaning costs (if any), default interest for late payment.
4. Returned equipment is expected to be clean. Cleaning fees will be assessed and charged if the Hirer returns equipment that the Owner
deems to be excessively dirty.
3. PAYMENT AND DEFAULT INTEREST
1. All charges are exclusive GST unless otherwise indicated and the Hirer shall pay the charges plus GST where indicated.
2. For hire of equipment, unless the Hirer is a charge account customer:
a. The Hirer may be required to pay a deposit or in full, an amount of no more than the estimated total charge.
b. On return of the equipment in good order and condition, the actual total charges will be calculated and the Hirer will either
pay or be refunded with the difference between the deposit and the actual total charge.
3. For purchase of equipment, the Hirer will pay the Owner the agreed price. Risk passes on collection of or delivery of the equipment.
4. Any agreed discount for charge account customers is claimable ONLY if the account is paid by the due date as determined by the Owner
and specified on the invoice.
5. The Hirer must not make any claim for credit more than 07 days after the date of invoice.
6. If no details of invoices being paid accompany a payment, the Owner reserves the right to apply payments received against the oldest
invoices outstanding from the Hirer. The Owner will not be obliged to reallocate such payments should details be subsequently provided.
7. Without prejudice to the Owner's other remedies under these conditions at law or otherwise, the Hirer will pay default interest at the
rate of 5% per calendar month on all outstanding amounts from the end of the agreed hire period until all monies have been paid in full.
8. No credit shall be extended on overdue accounts.
9. The Hirer shall pay to the Owner all costs and expenses incurred by the Owner in recovering money or in connection with the exercise or
an attempted exercise of any of its rights or remedies under the Contract, including commissions and legal costs on a solicitor and client
10. The Hirer must make all payments due under the Contract without set-off or deduction of any kind.
4. DELIVERY AND REMOVAL
1. Delivery and collection charges payable by the Hirer are in addition to the hire/purchase costs.
2. The Hirer authorises the Owner to bring the Owner's vehicle onto the place where the equipment is to be used or is located to deliver
and/or collect the equipment, either on the expiry of the hire period or on the breach by the Hirer of any term in these Conditions. The
Hirer indemnifies the Owner against any cost, claim, damage, expense or liability suffered or incurred by the Owner whether arising
directly or indirectly from the Owner's actions under this clause.
3. The Hirer must make any requests for removal by telephone at completion of the hire.
5. OWNERS RIGHT TO CANCEL
1. The Owner may terminate the Contract by notice with immediate effect if the Owner believes the equipment to be at risk for any reason
whatsoever including, but not limited to, the manner of its use by the Hirer or adverse weather or work conditions, or that the Hirer is
unable to, or might be unable to, pay any hire charge or purchase price.
2. The Owner may terminate the Contract by notice with immediate effect if any step is taken to appoint a receiver, manager, trustee in
bankruptcy, liquidator, provisional liquidator, administrator or other like person of the whole or any part of the Hirer's assets or
3. The Hirer grants the Owner, or will procure that the Owner is granted, an irrevocable right and authority to enter at any time onto any
place where the equipment is situated or thought to be situated to remove the equipment in the event the Contract is terminated.
4. The Hirer indemnifies the Owner against any cost, claim, damage, expense or liability suffered or incurred by the Owner whether arising
directly or indirectly from the Owner exercising its rights under this clause or otherwise acting to recover any equipment hired or monies
payable by the Hirer pursuant to the Contract
5. The Owner will not be liable to the Hirer or any other person for any loss suffered or liability incurred arising from termination of the
Contract or repossession of the equipment
6. Cancellation of the Contract by the Owner is without prejudice to any rights that the Owner may have under this Contract.
6. NO ASSIGNMENT
1. The Contract is personal to the Hirer and is not capable of assignment whether in whole or in part by the Hirer. The Hirer shall not sublet
(without the owners consent) the equipment to any other person but this shall not prevent employees of the Hirer using the equipment
in conformity with these Conditions.
7. HIRER'S OBLIGATION
1. Subject to clause 9, in the case of hired equipment, the Hirer is responsible for any loss or damage to the equipment from the time the
Hirer takes possession of the equipment until it is returned to the Owner's possession. The Hirer shall notify the Owner by telephone
immediately if the equipment is lost or damaged and shall follow all reasonable instructions of the Owner.
2. In the case of damage to the equipment, however caused, the Hirer shall be responsible for and shall indemnify the Owner for the full
cost of all repairs to restore the equipment to the condition it was in at the time of hire.
3. In the case of loss of or irreparable damage to the equipment however caused, the Hirer shall be responsible for and shall indemnify the
Owner for the full cost to the Owner of replacing the equipment. The cost of the replacement shall be no less than the management
book value of the equipment.
4. In addition to the costs set out in clauses 7.2 and 7.3, the Hirer shall be responsible for and shall indemnify the Owner for any loss of
revenue suffered by the Owner due the unavailability of the equipment for hire due to loss or damage. The costs for lost revenue shall
not exceed the equivalent prevailing rate for 120 days hire of the equipment.
5. The Hirer shall:
1. Take proper and reasonable care of the equipment, if the equipment is hired, return it (to the place of hire, unless
otherwise specified in the Contract) in good order and condition; and
2. satisfy themselves that the equipment is suitable for the intended use; and
3. use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment;
4. if the equipment is hired, immediately notify the Owner by telephone if the equipment suffers any damage, and
5. except as permitted by the Consumer Guarantees Act 1993 not bring or threaten to bring claim against the Owner for loss
or damage incurred or threatened against the Hirer or arising directly or indirectly from the Hirer's use of the equipment.
6. The Hirer warrants that all persons who use the equipment shall be COMPETENT and QUALIFIED to use the equipment, shall use the
equipment in the manner it was designed to be used, and follow any instructions or directions from the Owner (if provided), local
authorities, codes of practice or from the manufacturer of the equipment relating to the use and safety of the equipment and shall
comply with all obligations in relation to the use and control of the equipment and person using said equipment to the Health and Safety
in Employment Act 1992 and all other relevant legislation.
7. If the Hirer is not an individual, the person who signs the Contract on behalf of the Hirer warrants that they have authority to bind the
Hirer and will, in any event, be personally liable for the performance of the obligations on the Hirer. The person so signing hereby
indemnifies the Owner against all losses and costs that may be incurred by the Owner arising out of the person so signing the Contract
failing to have such power or authority.
8. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)
1. The Hirer acknowledges that title to the equipment remains with the Owner at all times. Equipment purchased from the Owner remains
the property of the Owner until paid in full.
2. Hire or acquisition of equipment may create a security interest in the equipment. If so, the provisions of this clause 9 apply. All terms in
this clause 9 have the meaning given in the PPSA and section references are to sections of the PPSA.
3. On the request of the Owner, the Hirer shall promptly execute any documents, provide all necessary information and do anything else
required by the Owner to ensure that the security interest created under the Contract (including these Conditions) constitutes a
perfected security interest in the equipment and their proceeds which will have priority over all other security interests in the
4. The Hirer will pay to the Owner all fees and expenses incurred by the Owner in relation to the filing of a financing statement in
connection with the Contract.
5. The Hirer waives its rights under sections 114(1) (a), 116, 117, 119, 120(2), 121, 125, 129, 131, 132, 133, 134 and 148 of the PPSA.
9. DAMAGE WAIVER/INSURANCE
1. If the Hirer has paid the Damage Waiver the Owner will waive the Hirer's liability (in terms of clause 7) for minor accidental damage (up
to a value of replacement or repair of $500.00 inclusive of GST) PROVIDED THAT the Hirer has at all times acted reasonably or theft of
any equipment from secure premises and PROVIDED FURTHER THAT in the case of theft the Hirer shall immediately notify the Police
(taking the name of the Police contact) and the Owner.
a. For the avoidance of doubt the Hirer acknowledges that the Levy charge will not cover damage, injury or loss due to
mysterious disappearance, loss or damage resulting from negligent acts or omissions of the Hirer, earthquake and war
damage, it does however cover breakages to glassware, crockery or cutlery, and any other equipment as hired up to a
replacement or repair cost of $500.00 inclusive of GST.
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.
3. The Owner requires the Hirer to pay the Damage Waiver unless written confirmation of suitable insurance cover is provided by the Hirer
prior to the Hirer taking possession of the equipment.
4. Excess: Any insurance claim submitted by the owner for reparation or replacement of damaged or lost equipment will subject the hirer
to a minimum excess charge of $1,000 plus GST.
10. LIMITATION OF LIABILITY
1. In entering into the Contract, the Hirer acknowledges that the Owner has no liability to the Hirer for any indirect or consequential loss or
damage or for any loss of profit (or any other form of economic loss) arising in connection with the Contract (whether in contract or in
tort) including that resulting from the negligence of the Owner or arising by operation of law.
2. Subject to the exclusion of liability in clause 10.1 above, the maximum aggregate liability of the Owner for all claims made by the Hirer,
whether as a result of any breach of the Contract or on any other ground or terms whatsoever (including, but not limited to, liability as a
result of tort, including negligence) will not exceed:
a. in the case of any equipment purchased by the Hirer, an amount of $2,500; and
b. in the case of any equipment hired, the lesser of the hire charges paid by the Hirer to the Owner pursuant to the
Contract and three months hire charges paid by the Hirer to the Owner pursuant to the Contract.
3. The Hirer will indemnify the Owner against any liability, losses, damages or expenses incurred or suffered by the Owner as a result of any
claim made by a third person against the Owner in respect of any loss or liability arising from the contract or arising out of the use of the
equipment hired or purchased by the Hirer
4. If the Hirer is acquiring the services for the purposes of a business as defined in the Consumer Guarantees Act 1993, clauses 10.1 and
10.3 are subject to any liability which arises under the Act. If the Hirer is acquiring or hiring the equipment for the purposes of a business,
the provisions of that Act do not apply.
5. If the Hirer is purchasing equipment, then except as prohibited by law, all guarantees in respect of the equipment, whether express or
implied, are excluded.
1. Headings are inserted for convenience and shall not affect the construction of the Contract. The singular includes the plural and vice
versa. Persons include incorporated and unincorporated entities. Words implying one gender include 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.
2. If at any time any provision of the 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 the Contract should be construed as if the provision or part thereof in question has been deleted.
3. Equipment purchased from the Owner remains the property of the Owner until paid for in full.
12. PRIVACY ACT 1993
1. If the Hirer is an individual, this clause 12.1 applies. In relation to the Contract the Owner will collect personal information about you.
The information is principally collected to evaluate the hire of equipment that you seek. The information is collected and held by the
Owner. The failure to provide the information on the front of the Contract may result in your application to hire equipment being
declined or the Contract subsequently being terminated by the Owner. The Hirer has rights of access to personal information contained
in the Contract, subject to the provisions of the Privacy Act 1993. The Hirer agrees that its personal information may be used by the
Owner to advise the Hirer of the Owner's other goods and services. The Hirer authorises the disclosure of personal information held by
any other party regarding any previous hire contracts entered into by the Hirer. The Hirer agrees to the Owner releasing to other parties
information regarding the Contract if the Hirer does not comply with its obligations.
2. The Hirer and each person who signs the Owner's Application for Credit authorises the Owner:
a. To collect, retain and use information about the Hirer or such other signatory from any person for the purpose of assessing
the Hirer's or such other signatory's creditworthiness;
b. To disclose information about the Hirer or such other signatory:
1. To any person who guarantees, or who provides insurance, or who provides any other credit support, in
relation to the Hirer's obligations to the Owner;
2. To such persons as may be necessary or desirable to enable the Owner to exercise any power, enforcement or
attempted enforcement of the Owner's rights, remedies and powers under the Contract including these Conditions.