TERMS AND CONDITIONS OF PARTY UP LTD ("Owner")
The Conditions of Hire set out below shall apply to all contracts for
the hire of goods ("equipment") between the Owner and the person
hiring the equipment ("Hirer") and shall not be deemed or construed
to be modified, amended, waived, in whole or in part, except by written
agreement by the parties hereto.
2.1 Equipment may be hired for:
1. Daily (8 hours), 2. Function (weekend or equivalent), 3. Extended
Function (5 days), 4. Week (7 days), 5. Month (30 days).
PROVIDED THAT the Hirer acknowledges and agrees that the Owner
may charge extra on an hourly or daily basis for any equipment usage
in excess of the minimum usage time.
2.2 Minimum period means Daily or Function.
2.3 The hire period begins from the time the equipment leaves the Owner's
premises until the equipment is returned.
2.4 The Hirer shall pay as invoiced for the hire period, materials used,
delivery/removal costs, excess use charges, damage to or loss of the
equipment, cleaning costs (if any), default interest for late payment: all
charges plus G.S.T. unless otherwise indicated.
3. PAYMENT AND DEFAULT INTEREST
3.1 The Hirer will pay a deposit of not less than the estimated total
3.2 On return of the equipment, the actual total charges will be calculated
and the Hirer will either pay or be refunded the difference between the
deposit and the actual total charge.
3.3 Any agreed discount for charge account customers is claimable
only if the account is paid by the 20th of the month following date of
3.4 Without prejudice to the Owners other remedies hereunder or at law
or otherwise the Hirer will pay default interest at the Owner's current
account overdraft interest rate (as certified by the Owner's Banker)
plus 2% on a day to day basis on all outstanding amounts from the
end of the agreed hire period (for cash customers) or from the 20th
of the month following date of invoice (for charge account customers)
until all moneys have been paid in full.
3.5 No credit shall be extended on overdue accounts.
3.6 Failure to pay will result in debt recovery actions being taken and the
associated fees will be added to the final amount owing.
4. DELIVERY AND REMOVAL
4.1 Delivery and removal charges are extra.
4.2 The Hirer hereby authorises the Owner to bring the Owner's vehicle
onto the place where the equipment is to be used and to deliver and
remove the equipment. The Hirer indemnifies the Owner against any
cost, claim, damage, expense incurred or action commenced against
the Owner directly or indirectly arising from the Owner delivering or
removing the equipment.
4.3 Requests for removal must be made by telephone at completion of
5. OWNER'S RIGHT TO CANCEL
5.1 If the owner believes the equipment is at risk or that the Hirer is unable
or might be unable to pay any hire charge the Owner may take whatever
action the Owner considers necessary to retake possession of the
equipment. Accordingly, the Hirer grants the Owner an irrevocable right
and authority to enter at any time onto any place where the equipment
is situated or thought to be situated and to remove equipment.
5.2 The Hirer shall indemnify and continue to indemnify the Owner in
respect of any claim, action, damage, expense or cost (including full
solicitor/client costs) incurred or threatened as a result of the Owner
exercising the powers of this clause or otherwise acting to recover
any equipment hired or moneys payable by the Hirer pursuant to this
6. NO ASSIGNMENT
6.1 This contract is personal to the Hirer and is not capable of assignment
whether in whole or in part by the Hirer.
7. HIRER'S OBLIGATIONS
7.1 The Hirer shall:
7.1.1. take proper and reasonable care of the equipment and return it
in good order and condition; and
7.1.2. carry out all necessary servicing, (including by way of example
the supply of all necessary oils, grease and fuel) at the HIRER'S
OWN EXPENSE; and
7.1.3. satisfy themselves that the equipment is suitable for their
intended use; and
7.1.4. use the equipment in a lawful manner with due regard to all laws
and regulations pertaining to the use of such equipment; and
7.1.5. immediately notify the Owner by telephone if the equipment
breaks down; and
7.1.6 reimburse the Owner for any damage to or loss of or forfeiture of
the equipment howsoever arising including (by way of example
and not limitation) any loss or damage caused by overloading
of electric tools and motors, incorrect electric current, lack of
lubrication, blow outs and cuts to tyres, disappearance or theft
of equipment, fire, damage in transit, negligence, misuse; and
7.1.7. not bring or threaten to bring any 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;
7.1.8. indemnify the Owner against any claim made by any person
against the Owner for any damage, expense, claim, demand,
action or loss arising directly or indirectly out of the Hirer's use or
possession of the equipment and whether or not such expense,
loss, damage, claim, demand or action was due directly or
indirectly to the negligence of the Owner.
7.2 The Hirer warrants that all persons who use the equipment shall
be competent and qualified to use the equipment and shall use the
equipment in the manner it was designed to be used.
7.3 If the Hirer is not an individual, the person who signs this contract on
behalf of the Hirer warrants that s/he has authority to bind the Hirer
and will, in any event, be personally liable for the performance of the
obligations of the Hirer.
8. OWNER'S RESPONSIBILITIES
8.1 The Owner warrants that to the best of its knowledge and belief the
equipment, should perform to the manufacturer's specifications after
due allowance for the age of the equipment in question. This warranty
is to the exclusion of all other warranties express or implied statutory or
9. LIMITATION OF LIABILITY
9.1 The Hirer acknowledges that in no circumstances whatsoever shall the
Owner be liable for direct or consequential damage, loss or expense
whatsoever and howsoever arising, (whether in contract or in tort
(including that resulting from the negligence of the Owner) or arising
by operation of law) and whether suffered by the Hirer and/or any third
party for any amount that exceeds the amount actually paid by the Hirer
to the Owner pursuant to this contract.
10.1 Headings are inserted for convenience and shall not affect the
construction of this contract. The singular includes the plural and vice
versa. Persons includes incorporated and unincorporated entities.
Words importing 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.
10.2 If at any time any provision of this 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 this
contract should be construed as if the provision or part thereof in
question has been deleted.