The following Hire Terms, together with the Fletcher Building Terms of Credit, will be incorporated into every contract between Fletcher Concrete and Infrastructure Limited trading as CSP Pacific (CSP) and the Customer for the supply by CSP of Goods unless specifically excluded in writing and annexed hereto. For the avoidance of doubt, where the terms of the Fletcher Building Terms of Credit are inconsistent with these Hire Terms, particularly clauses on Ownership, these Hire Terms will take precedence. No variation of these terms will be binding upon CSP unless made in writing. In the event of inconsistency between these terms and the terms of any quotation or other agreement these terms will take precedence.
1. HIREAGE
The Customer acknowledges and agrees that it will:
| (a) | be responsible for uplifting all Goods from CSP and will be responsible for transporting the Goods at its own risk and expense to, and from, the Customer’s desired location. If CSP agrees to transport the Goods for and on behalf of the Customer it will be at the Customer’s risk and cost provided that the Customer will be required to provide suitable vehicular access to the desired location and ensure appropriate traffic management precautions are in place. CSP will have no liability to the Customer if it is unable to deliver the Goods at the agreed time or date; |
| (b) | Install and maintain the Goods at all times during the hire period in accordance with the manufacturer’s and/or CSP’s instructions and dismantle the Goods upon expiry of the hire period in accordance with the manufacturer’s and/or CSP’s instructions and redeliver the Goods to CSP at its own cost unless otherwise agreed with CSP (in which case an additional charge may apply); |
| (c) | Only use the Goods for its intended purpose; |
| (d) | Take proper and reasonable care of the Goods and return it in a clean and tidy condition and in the same order it was in at the hire commencement date (or to otherwise pay on demand CSP’s reasonable cleaning charges and costs of repair if the Goods are not returned in the same condition as it was on the hire commencement date); |
| (e) | Obtain all necessary licences, permits and permissions for the use of the Goods throughout the term of the hire agreement. |
| (f) | Comply with all applicable laws, regulations and by-laws (including, but not limited to, the Health & Safety in Employment Act 1982 in relation to the use of the Goods; |
| (g) | Ensure at all times during the hire period the Goods are used solely for the purpose intended by the manufacturer within the Goods’ design capabilities and limitations, and in accordance with the manufacturer’s and/or CSP’s instructions; |
| (h) | Carry out all necessary servicing of the Goods required to maintain the Goods in good working order at all times during the hire period; |
| (i) | Promptly notify CSP if the Goods or any part thereof is lost, stolen, destroyed, damaged, or breaks down provided that the loss, theft or destruction of or damage to the Goods will not affect the continuance of this agreement or the customer’s liability to pay the hire rate during the hire period. |
2. INSURANCE
| a) | At all times during the hire period maintain public liability insurance and full replacement insurance with reputable insurers and on such terms as approved from time to time by CSP (such approval not to be unreasonably withheld). The Customer will provide to CSP, whenever reasonably requested by CSP to do so, written evidence of compliance by the Customer with its obligations under this clause; and |
| (b) | Indemnify CSP, its agents and subcontractors at all times against any loss, damage or cost including consequential loss or damage suffered or incurred by CSP, its agents and subcontractors as a direct or indirect result of a breach by the Customer of any of its obligations or warranties under this agreement or from the Customer’s hire, possession or use of its Goods or if the Goods are not returned to CSP in the same condition as it was in at the hire commencement date. |
3. WARRANTIES
| (a) | The Customer acknowledges that the Customer has inspected the Goods and has relied on such inspection in deciding to hire. Except as expressly set out in this agreement the Customer acknowledges, that CSP has made no warranty as to the Goods’ condition, quality and suitability for the Customer’s purpose and that the Customer has satisfied itself that the Goods are suitable for the Customer’s intended use. |
4. LIABILITY FOR LOST, STOLEN OR DAMAGED GOODS
| (a) | The Customer acknowledges and agrees that as between the Customer and CSP the Customer will be solely and exclusively responsible for any loss of, or damage to any Goods while it is in the Customer’s possession or control (fair wear and tear excepted but including without limitation any loss or damage incurred by CSP, its agents and subcontractors as a result of any incorrect use, installation or maintenance of the Goods by the Customer during the hire period) and that the Customer will indemnify CSP against any loss or damage suffered by CSP as a result of any loss or damage to the Goods including without limitation: | ||||||||||||||||||||||||
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| (b) | The limitation of liability set out above in clause 6(a) will only apply if the Customer has paid the Waiver Fee and; | ||||||||||||||||||||||||
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| (c) | The limitation of liability set out as above in clause 6(a) will not apply if, | ||||||||||||||||||||||||
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5. TERMINATION OF HIRE
| (a) | CSP may terminate the Hire Agreement immediately if the Customer: | ||||||||||||
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| (b) | Notwithstanding 7(a), CSP may terminate this agreement (and any hire agreements made pursuant to the agreement) at any time by 5 Business Days notice to the Customer, | ||||||||||||
| (c) | On termination of this agreement for any reason, the Customer will: | ||||||||||||
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| (d) | If the Customer fails to return the Goods, CSP may take action as necessary to retake possession of the Goods (at the cost of the Customer). For the purposes of this provision, the Customer grants to CSP an irrevocable right for CSP and its agents, employees and contractors to enter into any land, buildings or premises where the Goods are, or are supposed to be and to search for, remove and retake possession of the Goods without being liable in any way to the Customer or to anyone claiming under the Customer for so doing. | ||||||||||||
| (e) | The Customer indemnifies CSP against any and all claims that may arise as a result of CSP repossessing the Goods pursuant to this clause. |
6. GENERAL
| (a) | The Customer agrees that (except as provided in these terms) these terms represent the entire agreement between the Customer and CSP. | ||||||
| (b) | The Customer acknowledges that ownership of the Equipment remains at all times with CSP and that except in accordance with this agreement the Customer is a bailee of the Goods only and has no rights. title or interest in the Goods. | ||||||
| (c) | If at any time any provision of this Agreement 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 will in any way be affected or impaired thereby to the intent that this agreement should be construed as if the provision or part thereof in question has been deleted. | ||||||
| (d) | If the Customer is a joint venture, partnership or alliance between two or more parties who are each named in the credit application or invoice, then each of those parties shall be jointly and severally liable for all of the obligations and liabilities of the Customer under this contract. | ||||||
| (e) | The Customer agrees that the following terms used in these terms will have the following meanings: | ||||||
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| Click here to download these Terms of Hire in PDF format. |
