Terms of Hire
- HIRE PERIOD
This Agreement applies to all Products on hire by Neon Design NZ Limited (the Company) to the Hirer. The hire period commences at the time the Product leaves the possession of the Company. The hiring shall terminate at the time the Product is delivered back to or otherwise arranged with the Company.
- HIRING CHARGES
All Products are hired on a weekly rate only unless otherwise agreed in writing by the Company. Minimum rates may apply when the term of the hire is not greater than one (1) week.
(a) Full payment is required before the Product leaves the possession of the Company together with a bond payment of $100 which will be refunded to the Hirer upon return of the Product in good condition.
(b) The Hirer hereby agrees to the terms and conditions as set out by the Company and agrees to pay any costs of collection and all legal fees incurred by the Company in the event of legal action becoming necessary.
- CARE/USE OF PRODUCT/S AND BREAKDOWNS
- In the event of the Product being damaged, the Hirer shall pay to the Company a sum equivalent to the cost of making good the damage.
- Breakdown resulting from misuse shall not in any circumstances shorten the period of hire.
- It is the Hirers responsibility to satisfy itself that the product is suitable for the intended use.
- The Company is not liable for any loss suffered by the Hirer or liability incurred by the Hirer as a result of the breakdown of the Product howsoever caused. Notwithstanding the foregoing any liability attaching to the Company under this agreement shall be limited to the amount of hireage charges due under this Agreement. In the event of breakdown the Hirer must immediately notify the Company.
- INJURY OR DAMAGE TO HIRER OR THIRD PERSONS OR PROPERTY
The Hirer shall not have any claim against the Company for loss or damage suffered by the Hirer as a result of the Hirer’s use of the Product and furthermore the Hirer will indemnify the Company against any claim by any third person in respect of any loss, injury or liability arising from this hiring or arising out of the use of the Product hired by the Hirer.
- NO ASSIGNMENT OF HIRE AGREEMENT
This Agreement is personal to the Hirer and is not capable of assignment by the Hirer, and the Hirer shall not sublet the product to any other person.
- COMPANY’S RIGHT TO CANCEL
(a) The Company may cancel this agreement by notice with immediate effect if the Company believes the Product to be at risk for any reason whatsoever including, but not limited to:
- the manner of its use by the Hirer or any breach of the terms and conditions of the Agreement by the Hirer; or
- the Hirer being unable to, or potentially unable to pay any hire charge.
(b) The Company may cancel the Agreement 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.
(c) The Hirer grants the Company, or will procure that the Company is granted, an irrevocable right and authority to enter at any time onto any place where the Product is situated or thought to be situated to remove the Product in the event the Agreement is terminated. The Hirer indemnifies the Company against any cost, claim, damage, expense or liability suffered or incurred by the Company whether arising directly or indirectly from the Company exercising its rights under this clause or otherwise acting to recover any Product hired or monies payable by the Hirer pursuant to the Agreement.
The Company is not liable to the Hirer or any other person for any loss suffered or liability incurred arising from cancellation of the Agreement or repossession of the Product. Cancellation of the Agreement by the Company is without prejudice to any rights that the Company may have under the Agreement.
- LIMITATION OF LIABILITY
The Hirer acknowledges that the Company 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 agreement (whether in contract or in tort) including that resulting from the negligence of the Company or arising by operation of law.
- PRIVACY ACT 1993
(a) In relation to the Privacy Act 1993, the Hirer acknowledges that the Company may collect personal information about the Hirer during the hire process.
(b) Failure to provide information requested by the Company may result in the hire being declined.
(c) The Hirer has rights of access to personal information contained in any agreement with the Company, subject to the provisions of the Privacy Act 1993.
(d) The Hirer agrees that personal information may be used by the Company to advise the Hirer of the Company’s other products or services.
(e) The Hirer agrees to the Company releasing to other parties information regarding the Agreement if the Hirer does not comply with the terms of the Agreement.
(f) The Hirer and or each person who purchases Products from the Company pursuant to the Agreement authorises the Company to collect, retain and use information about the Hirer or such other person for the purpose of assessing the Hirer’s or such other person’s credit worthiness.