Copyright and Trademark Notices

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Product and company names mentioned herein may be the trademarks of their respective owners.

Terms & Conditions of Use

By continuing to use this website you agree to abide by the following Terms & Conditions:

Personal and Non-Commercial Use Limitation

This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.

Liability Disclaimer

The information, products and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Wright Tanks Limited may make improvements and/or changes in this website at any time.

Wright Tanks Limited makes no representations about the suitability of the Information, Software, Products, and Services contained on this website for any purpose.
All such information, products and services are provided “as is” without warranty of any kind. Wright Tanks Limited hereby disclaims all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Wright Tanks Limited be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Wright Tanks Limited has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to Wright Tanks Limited that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to Third Party Sites

This website may contain hyperlinks to websites operated by parties other than Wright Tanks Limited. Such hyperlinks are provided for your reference only. Wright Tanks Limited does not control such websites, and is not responsible for their contents. Wright Tanks Limited’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Modification of These Terms & Conditions

Wright Tanks Limited reserves the right to change the terms, conditions, and notices under which this website is offered at any time.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wright Tanks Limited as a result of this agreement or use of this website.

Any rights not expressly granted herein are reserved.

Hire Terms and Conditions

  1. Definitions
    1. “Owner” shall mean Hireways Ltd its successors and assigns or any person acting on behalf of and with the authority of Hireways Ltd.
    2. “Hirer” shall mean the Hirer or any person acting on behalf of and with the authority of the Hirer.
    3. “Equipment” shall mean any Equipment (including but not limited to chattels machinery and plant including all fittings accessories, tool and parts) supplied on hire by the Owner to the Hirer and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Owner to the Hirer (and where the context so permits shall include any supply of Services as hereinafter defined).
    4. “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Hirer on a principal debtor basis.
    5. “Services” shall mean all services supplied by the Owner to the Hirer and includes any advice or recommendations (and where the context so permits shall include any supply of Equipment as defined above).
    6. “Minimum Hire Period” shall mean the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by the Owner to the Hirer.
    7. “Trade Customers” are only those Hirer’s whom the Owner has agreed is currently entitled to trade credit terms.
    8. “Price” shall mean the cost of the hire of the Equipment as agreed between the Owner and the Hirer subject to clause 3 of this contract.
  2. Acceptance
    1. Any instructions received by the Owner from the Hirer for the hiring of Equipment and/or the Hirer’s acceptance of Equipment supplied on hire by the Owner shall constitute acceptance of the terms and conditions contained herein.
    2. Where more than one Hirer has entered into this agreement, the Hirers shall be jointly and severally liable for all payments of the Price.
    3. Upon acceptance of these terms and conditions by the Hirer the terms and conditions are irrevocable and can only be amended with the written consent of the Owner.
    4. The Hirer shall give the Owner not less than fourteen (14) days prior written notice of any proposed change of ownership of the Hirer or any change in the Hirer’s name and/or any other change in the Hirer’s details (including but not limited to, changes in the Hirer’s address, facsimile number, or business practice). The Hirer shall be liable for any loss incurred by the Owner as a result of the Hirer’s failure to comply with this clause.
  3. Price and Payment
    1. The Equipment is hired at the rate shown on the Owner’s quotation offer unless there is a contrary agreement, in writing, between the Owner and the Hirer, Cartage, fuel, blade wear (moleplough, aerator) knife wear (chippers, augers, mulchers) chisel wear (breakers, etc.) tipwear (rippers, cultivators, etc.) as setout in the current product information and being measured by the Owner and assessed at the Owners discretion, along with all saleable and consumable items are extra and not included in the hire rate. The Owner reserves the right to revise product information and related charges from time to time without notice to the Hirer.
    2. The Hirer acknowledges that the rate offer is that which is available at the Owners premises where the hiring took place and that the Hirer has had every opportunity to check the rates applicable. Whether or not the Hirer has checked those rates is the Hirer’s responsibility and whether the Hirer does so is entirely at the Hirer’s discretion.
    3. The Owner reserves the right to change the Price in the event of a variation to the Owner’s quotation.
    4. Except where the Owner dispenses with this requirement a deposit and/or bond shall he paid or given at the commencement of the hire period such deposit or bond to be specified in the Contract at the Owner’s discretion.
    5. At the Owner’s sole discretion;
      1. payment shall be due before delivery of the Equipment, or
      2. payment for approved Hirer’s shall be due fourteen (14) days following the date of the invoice.
    6. Time for payment for the Equipment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due twenty (20) days following the end of the month in which a statement is posted to the Hirer’s address or address for notices.
    7. With respect to “Non Trade Customers” time for payment shall be made on the date when the Equipment is returned, or within seven (7) days of the commencement of the hire period, whichever is earlier. Where the hire period is extended to more than seven (7) days then the hire charge shall be payable at the end of each seven (7) day period in respect of the prior seven (7) days and at the end of the term of hire in respect of the hire period not previously paid for.
    8. Payment will be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Hirer and the Owner.
    9. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
    10. The Hirer accepts and agrees the Owner has right of recovery, and in the event of a liquidation where payments have been made in accordance with normal business practice and as set out herein, such payment shall not be regarded as preferential.
  4. Hire Period
    1. Hiring Charges shall commence from the time the Equipment is collected by the Hirer from the Owner’s premises and continue until the return of the Equipment to the Owner’s premises, and/or until the expiry of the Minimum Hiring Period, whichever last occurs.
    2. If the Equipment is not returned to the Owners premises within the hire period, then additional hiring charges shall be payable.
    3. The business daily rate applies 1st and is chargeable for each 10 hour period of hire. Extra hours of hire will be charged additional, pro rata at the agreed rate.
    4. The 24hr daily rate applies 1st and is chargeable for each 24 hour period of hire. Extra hours of hire will be charged additional, pro rata at the agreed rate.
    5. The weekly rate applies to and is chargeable for hire with duration of 7 days or 7 consecutive 24 hour periods. Extra days of hire will he charged additional, pro rata at the weekly rate
    6. The monthly rate applies to and is chargeable for hire with a minimum of 29 days. Extra days of hire will he charged additional, pro rata at the monthly rate.
    7. Where hour meter/s mounted on the plant/or equipment are used to determine the hire charge, this record of use shall be in addition to the terms determined in clauses 4.2 to 4.7. Hour charges shall be calculated to the nearest half hour above the visual reading on the meter/s. Where the recording device is found not to be working either during or at the completion of the hire period then the Owner will estimate the hours used and the onus is on the hirer to prove otherwise.
    8. Should the Owner agree with the Hirer to deliver and collect the Equipment, hire charges shall commence from the time the Equipment leaves the Owners premises until the Owner is notified by the Hirer that the Equipment is available for collection. Notification shall constitute suspension of hire, providing notification is given by the Hirer in time for the Equipment to he picked up and returned to the Owners premises by the required return time on the day the hire ceases. The required return times are no later than 5.30 p.m. week days, or by arrangement weekends or Public Holidays, or such earlier time as the hire period may terminate. In the event insufficient notice is given the Hirer may at the Owner’s discretion be charged an extra 6 hours of hire.
    9. If there are any delays due to free access not being available then the Hirer shall be responsible and shall reimburse the Hirer for all lost hire fees associated with the Equipment being unavailable. The Hirer shall also be responsible for all other expenses and costs incurred by the Owner due to delays in access to the Equipment.
    10. No allowance whatever can be made for time during which the Equipment is not in use for any reason, unless prior special arrangements are confirmed in writing by the Owner. In the event of Equipment breakdown provided the Hirer notifies the Owner immediately and obtains an “OFF-HIRE” number as verification, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Hirer.
  5. Hirer’s Responsibilities
    1. The Hirer shall:
      1. notify the Owner immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Hirer is not absolved from the requirements to safeguard the Equipment by giving such notification.
      2. use the Equipment properly and for the purpose for which it was designed acknowledging the Owner gives no warranty as the “Equipment’s” capacity.
      3. ensure only competent and qualified drivers and operators are given charge of the Equipment while in the Hirer’s possession and shall be responsible for all cleaning, lubrication and operating adjustments and for any damage occurring due to overloading mistakes or neglect in handling, operation etc during the hire period.
      4. at their own expense clean and keep the Equipment in good and substantial repair and condition and proper working order and pay all costs for replacements or repair required due to fire theft accident loss or otherwise during the hire period, provided the Hirer shall not undertake any repair or servicing and if any repair or servicing appears desirable shall notify the Owner immediately. On termination of the hire, the Hirer shall deliver the Equipment complete with all parts and accessories clean and in good order as delivered, fair wear and tear accepted, to the Owner. The Hirer is not authorised to pledge the Owner’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
      5. provide all petrol, fuel, oil, cleaning and other materials and labour required for the operation of the Equipment and only fuel and lubricating oils approved by the Owner shall be used. The Hirer shall check fuel and oil and other levels every day before starting up the Equipment.
      6. keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment and the Hirer accepts full responsibility for the safekeeping of the Equipment and indemnifies the Owner for all loss theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of the Hirer.
      7. not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
      8. The Hirer shall accept full responsibility associated with any costs or liability, however arising out of the Equipment obstructing any place or person/s.
      9. Forthwith on request by the Owner advise the Owner of the whereabouts of the Equipment and allow the Owner (it’s agents, servants or contractors) to inspect and test the Equipment and for such purposes the Hirer hereby gives irrevocable leave and licence to the Owner (its' servants agents and contractors) to take possession of and remove the same and as agent of the Hirer, enter upon any premises where the Equipment or any part of the same may be.
      10. Accept full responsibility in compliance with all current codes of practice and regulations, including the Health and Safety in Employment act, current licences such as time licences and road user charges where necessary.
    2. The Hirer of Vehicle Hire shall ensure that:
      1. the water in the radiator and battery of the Vehicle is maintained at the proper level; and
      2. the oil in the Vehicle is maintained at the proper level; and
      3. the tyres are maintained at their proper pressure.
      4. The Hirer shall ensure that all reasonable care is taken in handling and parking the Vehicle and that it is left securely locked when not in use.
      5. The Hirer shall be liable for any parking or traffic infringement and will supply relevant details as required by the Police and/or the Owner relating to any such parking or traffic infringement and offences, impoundment, towage and storage.
    3. The Hirer of Vehicle Hire shall not:
      1. sublet or Hire the Vehicle to any other person; or
      2. permit the Vehicle to be operated without their authority and then only by an authorised driver named on the front of this Agreement; or
      3. operate the Vehicle or permit it to be operated in any race, speed test, rally, or contest, or on any closed road or non-public roadway; or
      4. operate the Vehicle or permit it to be operated to propel or tow any other Vehicle; or
      5. operate the Vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the Vehicle; or
      6. drive or permit the Vehicle to be driven by any person if at the time of his driving the Vehicle the Hirer or other person is not the holder of current driver's licence appropriate for the Vehicle.
      7. carry any animals in any vehicle without the written permission of the Owner.
  6. Owner’s Right to Terminate
    1. Without prejudice to any other remedies available to the Owner and notwithstanding any period of hire specified, the Owner may terminate this hire contract without payment of compensation:
      1. At any time by giving the Hirer two (2) hours (or if the Owner deems it appropriate such lesser period) notices of their intention to terminate. Such notice need not be in writing and shall be deemed sufficiently given if made to the Hirer; or
        1. the operator for the time being of the Equipment; or
        2. the occupier for the time being of the premises at which the Equipment is located. (Provided that notice is deemed to be given if the Equipment is removed with no person in attendance)
      2. Without notice if the Hirer shall commit any breach of these hire contract terms and conditions or the Hirer commits any act of bankruptcy or being a company an application is made or a resolution is passed for its winding up or being a company a receiver, manager, liquidator (provisional or otherwise) or similar person of their assets or any of them is appointed or if any execution or distress shall be levied upon the Equipment or if any judgement against the Hirer shall remain unsatisfied for seven (7) days or more or if the Hirer makes an assignment or compromise for the benefit of their creditors or being a company is placed under statutory management or if it ceases to carry on business.
    2. Upon the termination of the hire period the Owner (it’s agents. servants or contractors) shall be entitled to take possession of the Equipment; for this purpose the Hirer hereby gives irrevocable leave and licence to the Owner (it’s agents, servants or contractors) to enter upon any land or premises of the Hirer, or any other place (as the agent of the Hirer) where the Equipment or any Owner in respect of any claims, damages or expenses made against or incurred by the Owner arising out of any action taken under Section 6 of this Contract.
  7. Delivery of Equipment
    1. Subject to the express terms of this agreement, if the Owner agrees to send the Equipment to the Hirer at the expense of the Hirer then delivery of the Equipment to a carrier, either named by the Hirer or failing such naming to a carrier at the discretion of the Owner for the purpose of transmission to the Hirer, is deemed to be a delivery of the Equipment to the Hirer.
    2. The costs of carriage and any insurance which the Hirer reasonably directs the Owner to incur shall be reimbursed by the Hirer (without any set-off or other withholding whatever) and shall be due on the date for payment of the price.
    3. The Hirer shall make all arrangements necessary to take delivery of the Equipment whenever it is tendered for delivery. In the event that the Hirer is unable to take delivery of the Equipment as arranged then the Owner shall be entitled to charge a reasonable fee for redelivery.
    4. The Hirer shall take delivery of the Equipment tendered notwithstanding that the specifications may differ from the specifications originally agreed to, provided that the Price shall be adjusted pro rata to the discrepancy.
    5. The failure of the Owner to deliver shall not entitle either party to treat this contract as repudiated.
    6. The Owner shall not be liable for any loss or damage whatever due to failure by the Owner to deliver the Equipment (or any of part of the Equipment) promptly or at all.
  8. Risk
    1. The Owner retains property in the Equipment nonetheless; all risk for the Equipment passes to the Hirer on delivery.
    2. The Hirer accepts full responsibility for the safekeeping of the Equipment and indemnifies the Owner for all loss theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Hirer.
    3. The Hirer will insure, or self insure, the Owner’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to any person/s and/or property arising out of the Equipment. Further the Hirer will not use the Equipment nor permit it to be used in such a manner aswould permit an insurer to decline any claim.
  9. Equipment Damage
    1. Subject to the clauses 9.2 and 9.3 the Hirer is responsible for any loss or damage occurring to the Equipment (other than damage arising as a consequence of a breach by the Owner of the guarantees provided by the CGA) from the time the Hirer takes possession of the Equipment until it is returned to the possession of the Owner. The cost of any replacement or repairs resulting from loss or damage will be charged to and payable by the Hirer. The Hirer shall notify the Owner immediately if the Equipment is lost or damaged and shall forthwith follow any reasonable request by the Owner relating to the Owner’s enquiries into the loss and/or damage to the Equipment.
    2. If the Hirer has;-
      1. notified the Owner, in writing, of the full circumstances leading to the loss or damage to the Equipment within 24 hours of the loss or damage; and
      2. in the case of loss or damage caused by fire, storm, collision, accident, theft or burglary, lodged a full written complaint with the Police, and/or prepared an independent report as required by the Owner within 24 hours of the loss or damage, and provided the Owner with a copy of such complaint and/or report; and can establish, to the Owner’s reasonable satisfaction, that adequate precautions were taken by the Hirer to ensure that any loss of or damage to the Equipment was not incurred due to negligence or carelessness of the Hirer; then the Owner can, in it’s sole discretion waive the Hirer’s liability for loss or damage.
    3. Notwithstanding the provisions of clause 9.2 hereof the Hirer will be liable for the full cost of repairs to or the replacement of the Equipment where the loss or damage has been caused by:-
      1. misuse abuse, or overloading including overloading of motors or any other part of the Equipment; or
      2. mysterious disappearance or wrongful conversion including where Equipment is not reasonably locked and secured: or
      3. contravention of the conditions of this contract; or
      4. violation of any law or regulation; or
      5. damage to tyres and tubes by punctures or cuts; or
      6. lack of lubrication or other routine servicing by the Hirer; or
      7. locating, using, loading, unloading transporting the Equipment on or over water, wharves, bridges or vessels of any kind; or
      8. damage caused by exposure to any corrosive substance; or
      9. negligence of the Hirer where the Hirer has failed by intent or lack of due care to take all responsible precautions to protect the Equipment from loss or damage; or
      10. consumption of alcohol and/or drugs; or
      11. loss or damage to tools, grease guns, hoses electric cords and all other similar accessories; or
      12. any combination of the foregoing.
  10. Business Purposes
    1. If the Hirer hires or holds itself out as hiring the Equipment for the purposes of a business or in an other way which is not ordinarily used by a consumer (as defined in the CGA); or acquires or holds itself out as acquiring any consumables(e.g. goggles, earmuffs etc) for the purposes of a business or in any way acquires any consumables which are not ordinarily required by a consumer, then the Hirer agrees to the following terms:
      1. the conditions warranties and guarantees set out in the Sale of Goods Act 1908 and the Consumer Guarantees Act 1993 (CGA) or implied by the common law will not apply and are excluded from this contract and in particular no warranty is made by the Owner concerning the performance specifications or capacity of the Equipment or consumables.
      2. the Hirer may not claim on any remedies set out in the CGA from the Owner or manufacturer of the Equipment or consumables or from any manufacturer of the components or parts in the Equipment or consumables.
      3. the Owner’s liability shall be limited to replacement or repair (at the Owners option) of any Equipment or consumables it considered upon inspection to be defective.
      4. the Owner shall not be responsible to the Hirer or to third parties for any damage that may be done by the Owner’s delivery and collection vehicle or the Owner’s servants or agents on effecting delivery and/or collection of the Equipment.
      5. the Owner and it’s employees contractors and agents and any manufacture/s of the Equipment, will not be liable to the Hirer for any loss or damage however the loss or damage arises. This exclusion of liability includes but is not limited to, consequential loss or damage caused or arising from breakdown of the Equipment, delays in manufacturing or delivery, faulty installation, unreasonable use, negligence(including a failure to do something that may have prevented a failure) faulty specifications and design, and faulty material, equipment or component parts in the Equipment or consumables. The exclusion also includes costs incurred in returning the Equipment or consumables to the Owner or to any manufacturer.
      6. the Hirer indemnifies the Owner against all claims whatsoever arising from the hire of the Equipment or acquisition of the consumables.
  11. Title
    1. The Equipment is and will at all time remain the absolute property of the Owner.
    2. If the Hirer fails to return the Equipment to the Owner then the Owner or the Owner’s agent may enter upon and into land and premises owned, occupied or used by the Hirer, or any premises where the Equipment is situated as the invitee of the Hirer and take possession of the Equipment, without being responsible for any damage thereby caused.
    3. The Hirer is not authorised to pledge the Owner’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
  12. Defects
    1. The Hirer shall inspect the Equipment on delivery and shall within forty eight (48) hours notify the Owner of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Hirer shall afford the Owner an opportunity to inspect the Equipment within a reasonable time following delivery if the Hirer believes the Equipment is defective in any way. If the Hirer shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage. For defective Equipment, which the Owner has agreed in writing that the Hirer is entitled to reject, the Owner’s liability is limited to replacing the Equipment.
  13. Warranty
    1. No warranty is given by the Owner as to the quality or suitability of the Equipment for any purpose and any implied warranty is expressly excluded. The Owner shall not be responsible for any loss or damage to the Equipment, or caused by the Equipment, or any part thereof however arising.
  14. Contractual Remedies Act 1979
    1. The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
  15. Default and Consequences of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Owner’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. In the event that the Hirer’s payment is dishonoured for any reason the Hirer shall be liable for any dishonour fees incurred by the Owner.
    3. If the Hirer defaults in payment of any invoice when due, the Hirer shall indemnify the Owner from and against all costs and disbursements incurred by the Owner in pursuing the debt including legal costs on a solicitor and own client basis and the Owner’s collection agency costs.
    4. Without prejudice to any other remedies the Owner may have, if at any time the Hirer is in breach of any obligation (including those relating to payment) the Owner may repossess the Equipment as per clause 11.2, or suspend or terminate the supply of Equipment to the Hirer and any of its other obligations under the terms and conditions. The Owner will not be liable to the Hirer for any loss or damage the Hirer suffers because the Owner has exercised its rights under this clause.
    5. If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
  16. Security and Charge
    1. Despite anything to the contrary contained herein or any other rights which the Owner may have howsoever:
      1. where the Hirer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Hirer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Owner or the Owner’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Hirer and/or the Guarantor acknowledge and agree that the Owner (or the Owner’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
      2. should the Owner elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Hirer and/or Guarantor shall indemnify the Owner from and against all the Owner’s costs and disbursements including legal costs on a solicitor and own client basis.
      3. the Hirer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Owner or the Owner’s nominee as the Hirer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 16.1.
  17. Privacy Act 1993
    1. The Hirer and the Guarantor/s (if separate to the Hirer) authorise the Owner to:
      1. collect, retain and use any information about the Hirer and/or the Guarantor/s, for the purpose of assessing the Hirer’s and/or the Guarantor/s creditworthiness or marketing products and services to the Hirer and/or the Guarantor/s; and
      2. to disclose information about the Hirer and/or the Guarantor/s, whether collected by the Owner from the Hirer and/or the Guarantor/s directly or obtained by the Owner and/or the Guarantor/s from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Hirer and/or the Guarantor/s.
    2. Where the Hirer and/or the Guarantor/s are an individual the authorities under (clause 17.1) are authorities or consents for the purposes of the Privacy Act 1993.
    3. The Hirer and/or the Guarantor/s shall have the right to request the Owner for a copy of the information about the Hirer and/or the Guarantor/s retained by the Owner and the right to request the Owner to correct any incorrect information about the Hirer and/or the Guarantor/s held by the Owner.
  18. Personal Property Securities Act 1999 (“PPSA”)
    1. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
      1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and
      2. a security interest is taken in all Goods previously supplied by the Owner to the Customer (if any) and all Goods that will be supplied in the future by the Owner to the Customer.
    2. The Customer undertakes to:
      1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Owner may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
      2. indemnify, and upon demand reimburse, the Owner for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
      3. not register a financing change statement or a change demand without the prior written consent of the Owner; and
      4. immediately advise the Owner of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    3. The Owner and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
    4. The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127,129, 131 and 132 of the PPSA.
    5. Unless otherwise agreed to in writing by the Owner, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
    6. The Customer shall unconditionally ratify any actions taken by the Owner under clauses 18.1 to 18.5.
  19. Signatory’s Warranty As to Agency From Hirer
    1. Where the Contract is signed by a person on behalf of the Hirer (but the signatory is not the Hirer named in the Contract) then the following provisions shall take effect:
      1. the person signing the Contract warrants to the Owner that he or she has the full authority of the Hirer to enter into this Contract; and
      2. the person signing this Contract on behalf of the Hirer shall remain personally liable hereunder until all obligations of the Hirer have been fully met or any monies due hereunder by the Hirer to the Owner; and
      3. the person signing this Contract on behalf of the hirer acknowledges that the Owner enters into this Contract in reliance upon the warranty given in clause 19.1 (a) and the acknowledgement of personal liability set out in clause 19.1 (b) hereof.
  20. General
    1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
    3. The Owner shall be under no liability whatever to the Hirer for any indirect loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Owner of these terms and conditions.
    4. In the event of any breach of this contract by the Owner the remedies of the Hirer shall be limited to damages. Under no circumstances shall the liability of the Owner exceed the Price of the Equipment.
    5. The Hirer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Hirer by the Owner.
    6. The Owner may license or sub-contract all or any part of its rights and obligations without the Hirer’s consent.
    7. The Owner reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Owner notifies the Hirer of such change.
    8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
    9. The failure by the Owner to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Owner’s right to subsequently enforce that provision.

General Terms and Conditions

The Hirer is responsible for complying with HIREWAYS’ Standard Terms and Conditions as displayed on the reverse side of the contract forms. A copy of these comprehensive “Terms and Conditions” is also included within this catalogue.

  1. Hours Of Operation: Monday to Friday 7.30am to 5.30pm.
  2. Hourly Rates are measured by the service meter(s) fitted to the plant (not tachometer type). Daily rates can be either:
    1. Business day, 10 hours, or
    2. A 24 hour period.
    • Half Daily Rates by arrangement.
    • Weekly Rates are for 7 days.
    • Monthly Rates are for the minimum of 28 days.
    Each Period shall be from the owner’s yard, to return. Extra time will be charged additional, on a pro rata basis.
  3. Minimums apply or the hourly rate whichever is the greater. No exception for non-working time unless by specific written notification, and the Owner’s acceptance.
  4. Delivery and Collection will be the Hirer’s responsibility; but such service being available at extra charge by Hireways contracted transport service.
  5. Consumables such as fuel, oil, filters etc shall be the Hirer’s cost. Service check and daily maintenance such as fuel, water, oil, and greasing are the Hirer’s responsibility. Cleaning will be charged if plant is returned in an unsatisfactory condition.
  6. The Hirer must satisfy him/herself as to the suitability of the equipment and no warranty is expressed or implied by the Owner as to this; or for delays, accidents or damages of any kind either to property or persons.
  7. Insurance is to be arranged by the Hirer; otherwise at the Hirer’s request insurance will be charged at 8% over and above the hire charges. This waiver does not include panel damage, glass/mirrors, tyre damage etc. (Note: For plant up to the value of $10,000.00, excess shall be $2500.00, plant over $10,000.00 excess shall be $5000.00)
  8. Expressly excluded from insurance, as below:
    1. Damage due to abuse, misuse, negligence or incorrect operation etc.
    2. Loss by mysterious disappearance etc.
    3. Loss by theft through Hirer’s failure to take elementary precautions to protect the plant etc
  9. Unless credit is available as approved by Hireways Ltd, a deposit and bond will be required before hire commences.
  10. Payment of accounts shall be made on the 21st of the month following date of invoice. Interest will be payable on all overdue accounts, as also the full cost of recovery. Payment options are Direct credit, Credit card, Eftpos, Business Cheques or Cash.

Hirer’s Responsibility

Safety

The Hirer (customer) is responsible for their own and the public’s safety while operating our equipment.

Legal Compliance

The Hirer is responsible for operating all equipment within local and regional authority and legislative guidelines.

Communicating Equipment Status

The Hirer is responsible for communicating to HIREWAYS LTD any change in equipment status throughout the hire period

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Phone/Fax:+64 (6) 3577 633
Email:info@prodev.co.nz
Website:www.prodev.co.nz

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