Speedheater Rental    Name        Address        Phone Number        Email Address        Terms & Conditions TERMS AND CONDITIONS OF HIRE FOR I-STRIP™ AUSTRALASIA LTD 1. CONDITIONS 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. CHARGES 2.1 Equipment may be hired for (i) the minimum period; and (ii) daily once the minimum period has been met or (iii) weekly. Subject to termination pursuant to Clause 5 the hire periods are as defined in Clause 2.2 (‘hire period”). Hire periods are defined as follows: “minimum period” means 3 days “daily” means 24 hours “weekly” means 7 days. 2.2 The hire period begins from the time the equipment is received by the Hirer and does not include time in transit. It is expected that transit will be a maximum of 1 day each way. 2.3 The Hirer shall pay as invoiced for the hire period, materials used, loss and damage waiver charges (if applicable), delivery/removal costs, damage to or loss of the equipment, cleaning costs (if any), all charges exclude GST unless otherwise stated. 3. PAYMENT 3.1 The Hirer agrees that any charges as determined by the Owner pursuant to clause 2.3, can be charged to the credit card provided by the Hirer should they arise. 3.2 Unless by prior arrangement with the Owner, the Hirer will pay the estimated total hire charge by credit card before the equipment is dispatched for delivery. 3.2 On return of the equipment, the actual total charges will be calculated and the Hirer will be charged any additional charges to the credit card given to the Owner. 4. DELIVERY 4.1 Delivery charges are extra and shall be at the expense of the Hirer. These are subject to change without notice. 4.2 Delivery of the hired goods will be by courier. A signature will be required for delivery and return of the hired goods. The choice of courier will be at the discretion of the Owner. 4.3 The Owner will provide return delivery instructions with the hire of equipment. 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 on to any place where the equipment is situated or thought to be situated and to remove the 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 contract. 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 7.1.1 Take proper and reasonable care of the equipment and return it in good order and condition; and 7.1.2 satisfy themselves that the equipment is suitable for their intended use; and 7.1.3 use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment, and 7.1.4 immediately notify the Owner by telephone if the equipment breaks down; and 7.1.5 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 the electric unit, incorrect electric current, breakage of bulbs, disappearance or theft of equipment, fire, negligence, misuse; and 7.1.6 except as permitted by the Consumer Guarantees Act 1993 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; and 7.1.7 indemnify the Owner against any claim made by any person against the Owner for any damage, expense, claim, action, demand or loss arising directly or indirectly out of the Hirer’s use or possession of the equipment in contravention of the terms of this contract; and 7.1.8 immediately and firstly notify the police (followed by notification to the owner) of any theft or disappearance of equipment. 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 LIMITATION OF LIABILITY 8.1 Save where the Owner is in breach of a suppliers guarantee in terms of the Consumers Guarantees Act 1993, the Hirer in entering into this contract, acknowledges that in all other circumstances whatsoever the Owner shall not 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. 9. GENERAL 9.1 Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words importing one gender include the other. A reference to a clause or sub clause hereof is a reference to a clause or sub clause. A reference to Owner includes its servants and agents. 9.2 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. 10. PRIVACY ACT 1993 10.1 This contract collects personal information about you. The information is principally collected to evaluate the hire of goods that you seek. The information is collected and held by the Owner. The failure to provide the information on the bottom of this contract may result in your application to hire goods being declined or this contract subsequently being terminated by the Owner. 10.2 The Hirer has rights of access to and correction of personal information contained in this contract, subject to the provisions of the Privacy Act 1993. The Hirer agrees that his 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 agreements entered into by the Hirer. The Hirer agrees to the Owner releasing to other parties information regarding this hire contract if the Hirer does not comply with its obligations.     I hereby agree to the terms and conditions of hire as set out above