These Conditions for the hire of On Cue equipment are prepared with the intention of fostering congenial relationships with customers and suppliers. The conditions set out below shall apply as the Contract for the hire of goods ("equipment") between On Cue 2005 Ltd ("the Owner") and the Company or person hiring the equipment ("the Hirer"). The Owner reserves the right to change these Conditions without notice. Amended Conditions will be placed on the On Cue website (www.oncue.net.nz) and shall apply with effect from the date that such amended Conditions are placed on the website.
The Owner agrees to:
a) do everything in its power to fulfil the Contract entered into with the Hirer. b) provide alternative solutions for the Hirer should the requested equipment not be available for any reason.
c) provide equipment in good condition and fit for normal use upon delivery to the Hirer.
d) immediately provide replacement equipment, subject to availability, in the event of equipment breakdown.
The Hirer agrees to:
a) take proper care of all equipment provided by the Owner
b) satisfy themselves that the equipment ordered and provided is suitable for the activities intended
c) ensure all persons who use the equipment do so in the manner it was designed to be used, and follow any directions from the owner relating to the use of the equipment.
The person who signs this Contract 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 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.
Equipment may be hired for a daily, weekend, weekly rate or as agreed to by the Owner and the Hirer. The relevant hire period is set out in this Contract. If the weekly rate is less than the accumulated daily hire rate, then the weekly rate will apply. All rates are inclusive of GST unless otherwise indicated and the Hirer shall pay the charges as indicated on the booking. All published rates are subject to change without notice.
A deposit as detailed on the invoice and/or Contract may be required to confirm a booking with the balance of the booking payable on delivery of the goods. Payments can be made by direct credit to the On Cue 2005 Ltd bank account, credit card, EFTPOS cash or cheque.
DUE CARE AND LOSS
It is the Hirer's responsibility to guard against equipment loss or damage until returned or collected. The Owner shall invoice the Hirer for loss, damage and cleaning costs (if any).
In the case of damage to the equipment, including but not limited to, the cloth, 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 delivery. In the case of loss or irreparable damage to the equipment however caused, the Hirer shall be responsible for and shall indemnify the Owner for the full cost of replacing the equipment.
The Owner is not liable for any loss suffered by the Hirer or liability incurred by the Hirer as a result of the breakdown of equipment howsoever caused. In the event of breakdown the Hirer must immediately notify the Owner by telephone and the Owner will provide replacement equipment, subject to availability.
INJURY OR DAMAGE TO THE HIRER OR THIRD PERSONS OR PROPERTY
The Hirer shall not have any claim against the owner for loss or damage suffered by the Hirer as a result of the Hirer's use of the equipment and further the Hirer will indemnify the Owner against any claim by a third person in respect of any loss, injury or liability arising from the hire or arising out of the use of the equipment hired to the Hirer.
DELIVERY AND REMOVAL
Delivery and pick up charges are included in the hireage fee as invoiced unless otherwise stated. Where difficult install access or long travel distance is discovered after quotation, these will be added to the invoice and will be payable by the Hirer. The Hirer authorises the Owner to bring the Owner's vehicle onto the site where the equipment is located to deliver and/or remove the equipment, either on the expiry of the hire period or on the breach by the Hirer of these Conditions. Deliveries made to third parties or unoccupied premises are made entirely at the Hirer's risk. All goods are carefully checked when delivered. It is the Hirer's responsibility to check the goods upon delivery and notify On Cue 2005 Ltd of any discrepancies and/or damages between the goods ordered and the goods supplied at the time of delivery. 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. The Owner shall not be responsible to the Hirer nor third parties for any damage that may be done to driveways by reason of the weight of On Cue 2005 Ltd's vehicles.
OWNERS RIGHT TO CANCEL
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:
a) the manner of its use by the Hirer or placement in adverse weather or
b) work conditions or
c) the Hirer being unable to, or potentially unable to, pay any hire charge.
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 business. 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. 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 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. The Owner is not 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. Cancellation of the Contract by the Owner is without prejudice to any rights that the Owner may have under this Contract.
LIMITATION OF LIABILITY
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 contact or in tort) including that resulting from the negligence of the Owner or arising by operation of law.
PRIVACY ACT 1993
The owner will collect personal information about the Hirer during the booking process. Failure to provide information requested in the Contract may result in a request for hire 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 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 these obligations.
The Contract is personal to the Hirer and is not able to be assigned whether in whole or in part by the Hirer. The Hirer shall not sublet the equipment to any other person but this shall not prevent employees of the Hirer using the equipment in conformity with these Conditions.
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