| Nº | Term/Condition | ||||||||||
| 1 | The RENTER shall keep and maintain the rented equipment during the terms of the rental at his own cost and expense. He shall keep the equipment in a good state of repair, normal wear and tear excepted. | ||||||||||
| 2 | Unless an alternative insurance arrangement has been stated in this contract, the RENTER shall pay 1ST ALERT – FLOOD RESTORATION RENTALS full compensation for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. The invoice of 1ST ALERT – FLOOD RESTORATION RENTALS for replacement or repair is conclusive as to the amount the RENTER shall pay under this paragraph for repair or replacement. | ||||||||||
| 3 | The RENTER shall adhere to all conditions stated in the ‘Hire Period and Payment Policy’ (below). If there is a circumstance where the RENTER needs to break the conditions, they must obtain permission before proceeding to break them. | ||||||||||
| 4 | The equipment shall be delivered to RENTER and returned to 1ST ALERT – FLOOD RESTORATION RENTALS at the RENTER’s risk, cost and expense. If the equipment is delivered back early, 1ST ALERT – FLOOD RESTORATION RENTALS is not obliged to give a refund for the remaining days. If the equipment is returned late, the renter shall adhere to the custom conditions of the Rental Agreement and Hire Period and Payment Policy. | ||||||||||
| 5 | No allowance will be made for any rented equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by 1ST ALERT – FLOOD RESTORATION RENTALS does not constitute a waiver of any of the rights 1ST ALERT – FLOOD RESTORATION RENTALS has under the Rental Agreement. | ||||||||||
| 6 | If the RENTER is in default of any of the terms and conditions of the Rental Agreement, 1ST ALERT – FLOOD RESTORATION RENTALS, and their agents, at the RENTER’s risk, cost and expense may recover the rented equipment as long as the actions of 1ST ALERT – FLOOD RESTORATION RENTALS fall within the laws of New Zealand. | ||||||||||
| 7 | The RENTER shall not pledge or encumber the rented equipment in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filling for protection from creditors in any court of competent jurisdiction. | ||||||||||
| 8 | 1ST ALERT – FLOOD RESTORATION RENTALS is not responsible for compensating any loss of income or expenses that have resulted from any situation where the equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. However, the 1ST ALERT – FLOOD RESTORATION RENTALS shall refund the days the RENTER has paid for where the equipment has not been functioning. | ||||||||||
| 9 | RENTER indemnifies and holds 1ST ALERT – FLOOD RESTORATION RENTALS harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty. | ||||||||||
| 10 | The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by 1ST ALERT – FLOOD RESTORATION RENTALS in protecting its rights under this Rental Agreement and for any action taken by 1ST ALERT – FLOOD RESTORATION RENTALS to collect any amounts due 1ST ALERT – FLOOD RESTORATION RENTALS under this Rental Agreement. | ||||||||||
| 11 | These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER. | ||||||||||
Hire Period & Payment Policy
- Hire Periods
Equipment may be hired for: a) Half Day; b) Daily; c) Weekly; or d) as otherwise agreed to in writing. The Hirer agrees that the Owner may charge extra on a pro-rata basis for any equipment usage in excess of the agreed hire periods or the maximum usage times as set out in the paragraph below or otherwise agreed to in writing. Certain equipment may carry minimum hiring periods and maximum usage times and these will be notified to the Hirer and itemised in the Contract Details at the time the relevant equipment is hired.
The “hire periods” and “maximum usage times” are: “Half Day” means 4 hours or overnight provided the equipment is picked up after 4.00pm and returned by 8.30am the following day (maximum usage time 4 hours); “Daily” means 24 hours; “Weekly” means 7 days.
The Hirer shall pay as invoiced for the following charges itemised in the Contract Details or otherwise notified to the Hirer:
(a) the hire charges for the hire period of all equipment used;
(b) delivery/removal charges (if applicable);
(c) excess use charges (if applicable);
(d) any damage to or loss of the equipment (if applicable);
(e) cleaning fees (if applicable); and
(f) default interest for late payment (if applicable)
If the Weekly charge rate is less than the accumulated Daily charge rate over the same hire period, the Weekly charge rate will apply.
- Payment and Default Interest
All charges will specify whether they are inclusive or exclusive of GST and the Contract Details will set out the charges and applicable GST payable by the Hirer.On return of the equipment in good order and condition, the actual total charges will be calculated and the Hirer will pay the balance within 7 days of receipt of the invoice.
All Hirer queries or issues with invoiced amounts must be raised with the Owner within 3 days of the date on the relevant invoice so that any such queries or issues can be promptly reviewed and resolved.
The Owner reserves the right to apply payments received in any manner the Owner determines.
Without prejudice to the Owner’s other remedies under these Consumer Conditions, at law or otherwise, the Hirer will pay default interest at the rate of 2% above the Owner’s overdraft rate per calendar month on all outstanding amounts from the end of the agreed hire period, until all monies have been paid in full.
The Hirer must make all payments due under the Contract (time being of the essence) without set-off or deduction of any kind.
No credit shall be extended on overdue accounts.