RECON LIMITED HIRE CONTRACT TERMS
RECON LIMITED HIRE CONTRACT TERMS
Recon may in its absolute discretion decline to hire Equipment to the Hirer at any time if it has reasonable cause to do so.
Amendment: These Hire Contract Conditions may be changed by Recon from time to time by Recon giving notice of the amendment to the Hirer. Notice is deemed given when Recon sends notice of the amendment to the Hirer at any address (including an email address)
1. Interpretation of Words in this Contract;
Commencement – The date when the Hirer takes possession of the Equipment.
Equipment – Means any kind of equipment or tools including their cases and other supporting parts including but not limited to adapters, tripods, memory cards. Hirer – refers to the person, firm, organisation, partnership, corporation or other entity (including trust) hiring the Equipment from Recon.
Hire Period – Means from Commencement until the end of the period shown on the Hire Schedule. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Hirer requests it and if Recon agrees. Recon may issue and require the Hirer to sign an amended Hire Schedule for any extension of the Hire Period.
Hire Schedule – Means a document which Recon may require the Hirer to sign (or accept in a way Recon requires) including particulars of the Equipment and the Hire Period and such other information as Recon may decide to require.
2. Recon Obligations
2.1 Allow the Hirer to take and use the Equipment for the Hire Period, and provide the Equipment to the Hirer clean and in good working order;
3. Obligations of the Hirer The Hirer must:
3.1 Deliver the Equipment to Recon when it is due back, clean and in good repair;
3.2 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.3 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Recon, on the manufacturer’s website or posted on the Equipment;
3.4 Indemnify Recon for all injury and/or damage to the extent caused or contributed to by the Hirer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.5 Ensure that any person collecting or taking delivery of Equipment on behalf of the Hirer is authorised by the Hirer to do so and the Hirer will not allege that any such person is not so authorised;
3.6 Ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed;
3.7 Conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
3.8 Safely secure all items loaded in or on the Equipment or in or on the Hirer’s vehicle, and indemnify Recon in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Hirer;
The Hirer must NOT;
3.12 Tamper with, damage or repair the Equipment, lose or part with possession of the Equipment;
3.14 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
4. No Assignment by Hirer
4.1 This Agreement is personal to the Hirer and is not capable of assignment by the Hirer, but this shall not prevent employees of the Hirer using the Equipment in accordance with the terms of this Contract.
4.2 Recon may assign its rights under this agreement without the consent of the Hirer or any guarantor.
5. Payments by the Hirer to Recon
5.1 The Hirer will pay the Hire Charge as per the payment term on the agreement. If not listed, payment term is within 7 days of completion of the hire period.
5.2 Immediately on request by Recon, the Hirer will pay:
(a) the new list price of any Equipment which is for whatever reason not returned to Recon.
(NOTE TO HIRER: Subject only to any express provision of this Contract to the contrary, the Hirer is responsible for loss or theft of the Equipment)
(b) all costs incurred in cleaning the Equipment, including all costs associated with the Equipment being sent back to the manufacturer;
(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Hirer, unless expressly agreed otherwise in this Contract;
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Hirer’s use of the Equipment;
(e) all costs incurred by Recon in delivering and recovering possession of the Equipment, unless otherwise agreed;
(f) a late payment fee calculated daily at 3% per month on all amounts owing by the Hirer not paid on time;
(g) the cost of any consumables provided by Recon and not returned by the Hirer;
(h) any expenses and legal costs (including commission payable to a commercial agent) incurred by Recon in enforcing this contract due to the Hirers default;
(i) if any damage and/or theft waiver applies, the amount for which the Hirer is liable as set out in this Contract; 6. Ownership / Retention of Title
All equipment supplied by Recon to the Hirer under this agreement shall remain the property of Recon
7. Insurance and Damage Waiver
Unless specifically stated, full replacement insurance cover for loss or damage of any kind is the responsibility of the Hirer.
7.1 Damage Waiver is not insurance but is an agreement by Recon that the Hirer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
7.2 Damage Waiver applies to all hires, subject to the conditions below, for no additional fee. The Damage Waiver Excess is the actual recovery and repair cost of the Equipment, or 20% of the current replacement cost of the Equipment as reasonably determined by Recon using suppliers list prices, whichever is the lesser amount.
DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE HIRER’S LIABILITY in the following circumstances;
(a) where the Equipment is lost or stolen;
(b) where the operator is affected by drugs and/or alcohol, or wilfully damaged by the Hirer or its employees or agents;
7.3. THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE HIRER’S LIABILITY FOR THEFT in the following circumstances;
(a) where the Hirer has failed to keep the Equipment in a securely locked enclosed area; or
(b) where the Hirer has failed to submit to Recon a Police report on the theft within 7 days of the theft allegedly occurring. In the event of Theft Waiver applying, hire fees will be charged to the Hirer until the Police Report is provided to Recon.
7.4 Damage Waiver or Theft Waiver will NOT apply where Recon determines that any of the applicable circumstances in clauses 7.2(b)-(h) or 7.5(a)-(b) respectively have occurred unless the Hirer is able to establish otherwise to the reasonable satisfaction of Recon.
7.5 Provided there was no negligence by the Hirer then Recon will waive the Hirer’s liability for loss of damage except that the Hirer will still be liable for an excess to the value of $500 for Equipment with a replacement value of less than $30,000 (exc GST), or an excess to the value of $5,000 for equipment with replacement value of greater than $30,000 (exc GST). Negligence includes, but is not limited to, misuse or abuse of the Equipment, mysterious disappearance or if the Equipment was not appropriately secured, contravention of the conditions of this contract, violation of any law or regulation, exposure to any corrosive substance or high temperature environment
8. Exclusion of Warranties and Liabilities.
8.1 Where the Consumer Guarantees Act 1993 ("CGA") applies, the Hirer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.
8.2 Where the CGA applies and the Equipment is hired for business purposes the CGA is excluded to the fullest extent permitted by law.
8.3 To the extent that the CGA (or any other law which cannot be excluded) does not apply. Recon makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Hirer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Hirer. 8.4 Recon shall have no liability to the Hirer, the guarantor or any other person whether in contract, tort or otherwise for any consequential of indirect damages or losses except to the extent otherwise mandatorily required by law.
9. Breach of Hire Contract by Hirer
If the Hirer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then;
9.1 Recon shall be entitled to:
(a) terminate this Contract; and/or
(b) sue for recovery of all monies owing by the Hirer; and/or
(c) repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clause 8 is immediately invalidated.
9.2 The Hirer indemnifies Recon in respect of any damages, costs or loss, to the extent caused or contributed to by the Hirer resulting from a breach by the Hirer of any provision of this Contract.
10.1 The Hirer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Recon in writing within 7 days of the Hire Contract date. If no communication is received from the Hirer within that 7 day period, the Hire Charges are deemed to be accepted by the Hirer.
10.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except regarding payments due to Recon), the parties agree to take reasonable steps within a period of 10 days of the dispute arising to negotiate to settle the dispute with the assistance of Hire Industry Association of New Zealand Inc. before litigation.
11. Governing Law This Hire Contract is governed by the law of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.