Terms & Conditions - Equipment Hire

Definitions

GF Tooling Rentals: GF Tooling Rentals Limited, 19 Corbett Road, Bell Block, New Plymouth, includes any assignee or transferee of GF Tooling Rentals rights pursuant to the Hire Agreement.

Hirer: The Hirer as specified on the front page of these Terms and Conditions and any assignee or transferee of the Hirer (whether or not consented to by GF Tooling Rentals).

Hire Agreement: The agreement between GF Tooling Rentals and the Hirer of Equipment which includes:

1. Any credit application;
2. Any invoice;
3. The Equipment Hire Agreement including the Standard Conditions of Hire whether signed or not.

Equipment: All plant, equipment, hydraulic lifts, tools, accessories and other items hired to the Hirer by GF Tooling Rentals from time to time including the equipment specified on the invoice or this Agreement, and where the context requires or permits, includes any individual item or part of the equipment.

Hire Charges: The sum specified in the Invoice or this Agreement.

Hire Period: The period specified in the equipment Hire Agreement. The Hire Period commences upon the Working Day when the Hirer takes possession of the Equipment or when GF Tooling Rentals delivers the equipment in accordance with the Hirer’s instructions. If the equipment is not returned to GF Tooling Rentals prior to expiry of the Hire Period the Hire Period is extended until the end of the Working Day when the equipment is back in the possession of GF Tooling Rentals. The Hire Period includes weekends and public holidays and is irrespective of the time equipment is being used.

2. The Hire
2.1 The Hirer agrees to hire the equipment from GF Tooling Rentals for the Hire Period, at the Hire Charges, upon the terms of the Equipment Hire Agreement. The Hirer is to be charged for the Hire Period and the Hirer is entitled to use the equipment for the Hire Period.

3. Hire Period
3.1 GF Tooling Rentals agrees with the Hirer that if GF Tooling Rentals delivers and collects the equipment, Hire Charges will commence from the working day upon which the Equipment leaves GF Tooling Rentals’ premises and continue until the working day following the date that GF Tooling Rentals is notified in writing by the Hirer of the date that the equipment is available for collection. GF Tooling Rentals will be entitled to charge a freight fee for the delivery and collection.
3.2 Equipment hired for at least five days in a seven-day continuous period will be charged at the weekly rate.
3.3 GF Tooling Rentals reserves the right to charge a minimum period of Hire for a certain type of equipment.
3.4 The Hirer is not entitled to any discount or rebate if the equipment is not used by the Hirer for the entire Hire Period. Additional charges may apply if the equipment is used for more than eight hours per day.
3.5 GF Tooling Rentals may, if requested by the Hirer, and only if personnel are available, attend the specified location and instruct the Hirer in the operation of the equipment. The Hirer will in addition to the Hire Charges pay GF Tooling Rentals for such services. Any other additional services provided to the Hirer by GF Tooling.
3.6 Rentals will be paid by the Hirer at rates agreed with GF Tooling Rentals. Under no circumstances will the Hire Period be longer than nine (9) months. If the Hirer hires equipment from GF Tooling Rentals for a continuous period of more than 9 months, whether under a single agreement, or multiple agreements, or an extension of this Agreement, the Hirer consents to GF Tooling Rentals registering a security interest in relation to the equipment, and will provide all information and documents required by GF Tooling Rentals to enable that registration to be completed.

4. Payment
4.1 Subject to this Clause 4 the Hire Charge is payable in advance in accordance with GF Tooling Rentals' invoice issued for the Hire.
4.2 Where the Hire is for a Hire Period longer than one-month GF Tooling Rentals will invoice the Hirer monthly for the hire charge, and the Hirer shall pay the Hire Charge for the applicable month within 5 working days of Invoice.
4.3 Without prejudice to its other rights and remedies GF Tooling Rentals reserves the right to charge interest on late payments at the rate of 10% per annum, compounding monthly for the period of overdue invoices.
4.4 Credit Card Payments. The Hirer acknowledges that GF Tooling Rentals may impose a charge for accepting payments by credit card.
4.5 The Hirer will be liable for GST and all other applicable taxes, duties, levies, penalties and any other governmental charges imposed on this agreement in respect of the hire period.

5. Operation of Equipment

5.1 The Hirer warrants that at all times it will:
5.1.1 Operate the equipment safely, strictly in accordance with all laws, only for its intended use and in accordance with the manufacturer’s specifications;
5.1.2 Ensure persons operating the equipment are suitably instructed in its safe and proper use;
5.1.3 Return the equipment to GF Tooling Rentals in the same good and clean condition it was in when the Hirer received it, ordinary fair wear and tear excluded;
5.1.4 Display and maintain all safety signs and instructions (as required by law) and ensure that all instructions and signs are observed by operators of the equipment;
5.1.5 Conduct a job safety analysis prior to using the equipment at a site.

6. Cleaning and Maintenance

6.1 The Hirer must:
6.1.1 Clean, lubricate and maintain the equipment in good condition in accordance with the manufacturer’s and GF Tooling Rentals instructions at the Hirer’s cost; and
6.1.2 Not in any way alter, modify, tamper with, damage or repair the equipment without GF Tooling Rentals’ written consent.
6.2 The Hirer must not alter, deface, remove or erase any notices, safety information, identifying mark, plate or number on the equipment.

7. Equipment Breakdown

7.1 If the Equipment or any part of it breaks down or becomes unsafe to use during the Hire Period the Hirer will:
7.1.1 Immediately stop using the equipment and notify GF Tooling Rentals;
7.1.2 Take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the equipment;
7.1.3 Take all steps necessary to prevent any further damage to the equipment; and
7.1.4Not repair or attempt to repair the Equipment without GF Tooling Rentals’ written consent.
7.2 If the equipment breaks down or becomes unsafe to use through no fault, negligence, recklessness or misuse by the Hirer, GF Tooling Rentals will:
7.2.1 Take all steps necessary to repair the equipment or provide suitable substitute equipment as is reasonably possible after being notified by the Hirer;
7.2.2 Not impose a Hire charge for that portion of the Hire Period for which the equipment was broken down or unsafe, nor the cost associated with any repair or replacement of the equipment; and
7.2.3 Not be liable for any expenditure, damages, loss or inconvenience incurred by the Hirer arising from the breakdown of equipment, howsoever caused.

8. Lost, Stolen or Damaged Equipment

8.1 The Hirer is responsible for the equipment until the equipment is returned to GF Tooling Rentals by the Hirer. If the equipment is lost, stolen or damaged while under the control of the Hirer or during the hire period the Hirer will be liable for:
8.1.1 Any costs incurred by GF Tooling Rentals in repairing the equipment or the new replacement cost of the equipment if GF Tooling Rentals acting reasonably determines that it is not economic to repair the equipment;
8.1.2 The replacement cost of any lost or stolen equipment;
8.1.3 Any other costs whatsoever incurred by GF Tooling Rentals as a result of the loss, theft, or damage to the equipment including the continuation of hire charges.
8.1.4 Any consequential losses incurred by GF Tooling Rentals arising from the loss of or damage to the equipment, including loss of profits.

9. No Assignment of Hire Agreement

9.1 The Hirer shall not assign its rights under this Agreement or part with possession of, or sub-hire the Equipment.

10. Inspection of And Recovery of Equipment

10.1 The Hirer irrevocably authorises GF Tooling Rentals to inspect the equipment at any time provided that GF Tooling Rentals has given the Hirer not less than one day’s notice of its intention to inspect the equipment.
10.2 If GF Tooling Rentals, acting reasonably, forms the opinion that the Hirer has breached the terms of the Hire Agreement, or that there is a risk of the Equipment being damaged or lost, GF Tooling Rentals may immediately take possession of the equipment, without compensation to the Hirer.
10.3 The Hirer irrevocably authorises GF Tooling Rentals to enter into any premises or location upon which the equipment is located, whether the specified location or not for the purpose of repossessing the equipment. The Hirer authorises GF Tooling Rental to use reasonable force to enter any such premises and indemnifies GF Tooling Rentals against any loss or liability incurred by GF Tooling Rentals as a consequence of GF Tooling Rentals using reasonable force to enter into those premises.
10.4 The Hirer must not remove the equipment from the specified location without GF Tooling Rentals written consent.

11. Termination

11.1 GF Tooling Rentals may terminate the Hire Agreement immediately by notice to the Hirer, given orally or in writing, if:
11.1.1 The Hirer breaches any term of the Hire Agreement; or
11.1.2 The Hirer does not make any payment to GF Tooling Rentals within two days of the due date for payment.
11.1.3 The Hirer becomes bankrupt or insolvent, executes a personal insolvency agreement, enters into liquidation, administration, receivership, or ceases to carry on business.
11.2 GF Tooling Rentals may terminate the Hire Agreement for any reason upon 24 hours’ notice, given orally or in writing.

12. Title to Equipment

12.1 GF Tooling Rentals retains title to and ownership of the equipment in all circumstances and in no circumstances will the equipment be deemed to be a fixture of the Hirer, or shall title in the equipment be deemed to have been transferred to the Hirer.
12.2 The Hirer will not be entitled to offer, sell, assign, sublet, mortgage, pledge or otherwise deal with the equipment in any way which is inconsistent with the rights of GF Tooling Rentals as the owner of the equipment.

13. Waiver

13.1 No exercise or failure to exercise or delay in exercising any right or remedy by GF Tooling Rentals will constitute a waiver by GF Tooling Rentals of that or any other right or remedy available to it.

14. Exclusion of Liabilities

14.1 GF Tooling Rentals makes no warranty or representation as to the state, quality or fitness of the equipment for any purpose and no such warranty shall be implied by the description of the equipment on the Hire Agreement or on any other documentation or advertisement or promotional materials provided by GF Tooling Rentals. All implied warranties and conditions as to the state, quality or fitness of the equipment for any purpose are excluded.
14.2 Where any act of parliament implies a term, condition or warranty into this Hire Agreement and that act prohibits provisions of a contract excluding or modifying the application, exercise or liability under that term, condition or warranty, such term condition or warranty will be deemed to be included in this Agreement provided that the liability of GF Tooling Rentals for breach of that term, condition or warranty is limited(at GF Tooling Rentals’ election) to the repair of the hired equipment or the supply of substitute equipment on hire (or the cost of it) and in no event will any liability for damages be greater than the cost of the services being supplied under the Hire Agreement.
14.3 Subject to clause 14.2 GF Tooling Rentals will not be under any liability to the Hirer for consequential loss or damage (including loss of actual or anticipated profits or revenue, economic loss of any kind or any loss suffered as a result of any claim or claims by third parties) in contract, tort (including negligence) under statute or otherwise from or in relation to the equipment or the Hire Agreement and any services supplied by GF Tooling Rentals.
14.4 The Hirer is liable for and indemnifies GF Tooling Rentals against all liability claims, loss, costs and expenses (including without limitation legal fees on a solicitor and client basis, costs and disbursements on the hire of a full indemnity basis and a solicitor/client basis, determined without taxation, assessment or similar process and whether occurred or awarded against GF Tooling Rentals arising from or incurred in connection with the Hirer’s use and Hire of the equipment or arising out of the Hire Agreement.
14.5 Each indemnity of GF Tooling Rentals by the Hirer is a continuing obligation, separate and independent from other obligations of the parties and survives termination, completion, and expiry of the Hire Agreement. It is not necessary for a party to incur expense or make a payment before enforcing a right of indemnity conferred by the Hire Agreement. The Hirer must pay on demand any amount it must pay under an indemnity provided.

15. Partial Invalidity

15.1 If any provision of these terms or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these terms and their application will not be affected and will remain enforceable to the greatest extent permissible by law.

16. Limitations

16.1 GF Tooling Rentals acknowledges that the equipment has been hired for a business purpose and that GF Tooling Rentals shall have no redress against GF Tooling Rentals pursuant to the Consumer Guarantees Act 1993.
16.2 Other than as expressly required by law (including but not limited to the Consumer Guarantees Act 1993) GF Tooling Rentals makes no other representations, warranties, or conditions, expressed or implied as to the nature or quality of the equipment and as to merchantability, description, quality, suitability or fitness of the equipment for any purpose or otherwise and GF Tooling Rentals is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply or operation of the equipment (including as a result of the negligence of GF Tooling Rentals or its employees or agents).
16.3 Other than as expressly required by law and subject to clause 16.4 (including but not limited to the Consumer Guarantees Act 1993) GF Tooling Rentals makes no other representations, warranties, or conditions, expressed or implied as to the nature or quality of the Equipment or any service supplied by GF Tooling Rentals and description, quality, suitability or fitness of the equipment or any service supplied by GF Tooling Rentals for any purpose or workmanship or otherwise and GF Tooling Rentals is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the equipment or any service supplied by GF Tooling Rentals (including as a result of the negligence of GF Tooling Rentals or its employees or agents).
16.4 GF Tooling Rentals liability for damaged or defective equipment and non - supply of equipment or the inadequacy of the equipment to perform as to its description, or to complete any task for which it is used by the Hirer, (including as a result of a breach of a condition or warranty implied by law and not excluded by these Conditions of Hire) is limited to any one or more of the following (at the option of GF Tooling Rentals):
a) The replacement of the equipment by hire or the supply of equivalent equipment by hire; or
b) The repair of the equipment; or
c) The repayment of the amount paid for the hire of the equipment;

17. Indemnity

17.1 The Hirer indemnifies GF Tooling Rentals against any loss incurred by GF Tooling Rentals as a consequence of any claim against GF Tooling Rentals from any party including the Hirer arising from the use of any equipment in any premises or location.

18. Authority

18.1 The person signing this document for and on behalf of the Hirer (if not personally the Hirer) warrants that he has the authority of the Hirer to make this contract on the Hirer’s behalf and that he is empowered by the Hirer to bind the Hirer to this agreement. The person so signing hereby indemnifies the GF Tooling Rentals against all losses and costs that may be incurred by the GF Tooling Rentals arising out of the person so signing the agreement failing to have such power of authority.

19. Delivery

19.1 Delivery of hired plant shall be made either:
a) By the customer collection the Hired Plant from the company’s premises; or
b) If the company has agreed to deliver the Hired Plant, by the Company delivering the Hire Plant (at the Customer’s cost) to the site or such other location as the company may agree
19.1.1 The company will prepare a delivery and acceptance form for each item of Hired Plant which will specify the precise details of the Hired Plant. At the time of delivery or collection of the Hired Plant, the said form will be signed by the Customer or by a person authorised on its behalf, and such signature shall constitute the customers’ acceptance that the Hired Plant is in good working order upon delivery.
19.1.2 The company will use reasonable endeavors to have each item of hired plant available for delivery or collection on the date requested by the customer. However, the time for delivery of the hired plant by the company shall not be of the essence of the contract and any dates quoted for delivery or collection of the hired plant is approximate only and the company shall not be liable for any delay in delivery howsoever caused.
19.1.3 Where the hired plant is to be delivered in installments, each delivery shall constitute a separate contract and failure by the company to deliver any one or more of the installments in accordance with these terms or any claim by the customer in respect of any one or more installments shall not entitle the customer to treat the contract as a whole as repudiated.
19.1.4 All containers and other articles enclosing or supporting the Hired Plan (postal packaging always excepted) shall remain the company’s property and shall be returned to the company in their original state and condition within such time as the company may consider reasonable, failing which the customer shall be liable to the company for their reinstatement value. The company may at its option charge the customer the whole or part of the value of such items and refund such sum or any appropriate part thereof on their return as aforesaid.

20. Return

20.1 On the termination or expiry by effluxion of time of the Hire Period the customer shall, unless agreed otherwise by the company in writing, return the Hired Plant at its own risk and the expense to the company at such place in Taranaki as the company requires. The Hired Plant shall be returned in a good, safe and serviceable condition and state or repair (fair wear and tear expected) and otherwise in the condition required under the contract
20.2 In the event that the company agrees in writing pursuant to clause 18.3.1 to collect the Hired Plant from the customer it shall do so at the expense of the customer and subject to such terms and conditions as the company may notify to the customer.