Terms and Conditions of Hire

1. Definitions

In these Terms and Conditions:

1. "Company" means Scissor And Boom Height Access Ltd (NZBN: 9429051110239), its employees, agents and authorised representatives.
2. "Hirer" means the person, company, partnership or other entity named on the Hire Agreement, and includes that party's employees, agents, subcontractors and any person operating the Equipment with the Hirer's authority.
3. "Equipment" means the machinery, plant, accessories, attachments and ancillary items described in the Hire Agreement, including any replacement items supplied during the hire period.
4. "Hire Agreement" means the Company's written or electronic hire agreement or delivery docket signed or accepted by the Hirer, incorporating these Terms.
5. "Hire Period" means the period commencing on delivery of the Equipment to the Hirer's nominated site and ending when the Company collects (or the Hirer returns) the Equipment and issues a written return receipt.
6. "Hire Charges" means the daily, weekly or other periodic rates set out in the Hire Agreement or the Company's current price list, plus any additional charges properly invoiced under these Terms.
7. "GST" means Goods and Services Tax under the Goods and Services Tax Act 1985.
8. "PPSA" means the Personal Property Securities Act 1999.
9. "HSWA" means the Health and Safety at Work Act 2015.

2. Formation of Contract

1. A binding Hire Agreement is formed when: (a) the Hirer signs the Company's Hire Agreement form; or (b) the Company delivers Equipment to the Hirer following a verbal or written order; or (c) the Hirer accepts delivery of Equipment — whichever occurs first.
2. These Terms prevail over any terms and conditions contained in any purchase order, booking form or other document issued by the Hirer, unless the Company has expressly agreed otherwise in writing signed by a director of the Company.
3. No quotation issued by the Company constitutes an offer capable of acceptance. A binding agreement arises only upon delivery or execution of a Hire Agreement as set out in clause 2.1.
4. The Hire Period shall not exceed 50 consecutive weeks unless the Company agrees otherwise in writing.

3. Hire Charges and Payment

1. The Hirer shall pay Hire Charges at the rates set out in the Hire Agreement. Minimum charges apply as stated in the Company's then-current price list. Hire Charges accrue continuously during the Hire Period, including weekends and public holidays, unless the Hire Agreement expressly provides otherwise.
2. If the Hire Period extends beyond the period stated in the Hire Agreement, Hire Charges continue to accrue at the applicable rate until the Equipment is returned and a return receipt issued.
3. All amounts stated in the Hire Agreement are exclusive of GST. GST at the prevailing rate is payable by the Hirer in addition to all Hire Charges and other amounts due.
4. Payment terms are net 20th of the month following the invoice date, unless the Hire Agreement specifies otherwise. The Company may require a deposit or prepayment before delivery.
5. If any amount is not paid by the due date, the Company may charge default interest at the rate of 18% per annum, calculated daily from the due date until actual payment.
6. Overdue accounts may be referred to a debt collection agency or solicitor. The Hirer shall pay all reasonable collection costs, including solicitor and client costs, as a debt due to the Company.
7. The Company may set off any amount owed by the Hirer against any amount owed by the Company to the Hirer.

4. Delivery and Collection

1. Hire Charges commence at the time the Equipment is delivered to the Hirer's nominated site or, if the Hirer collects from the Company's yard, at the time of loading.
2. Delivery and collection are charged at the Company's standard transport rates current at the time of delivery or collection. Wasted journeys caused by circumstances within the Hirer's control are chargeable.
3. The Company will use reasonable endeavours to deliver on the agreed date but does not guarantee delivery on any specific date or time. The Company is not liable for any loss arising from late delivery.
4. The Hirer is responsible for ensuring safe and legal access for delivery and collection vehicles and for providing suitable ground conditions. Any costs arising from inaccessibility or unsuitable site conditions are the Hirer's responsibility.
5. On delivery, the Hirer must inspect the Equipment and note any shortage, damage or defect on the delivery docket before signing. Signature of the delivery docket without notation constitutes acceptance that the Equipment was received in good working order and condition.

5. Use of Equipment

1. The Hirer shall use the Equipment only for its intended purpose and in accordance with the manufacturer's operating manual, any applicable New Zealand Standard (including NZS 3000 and AS/NZS 2550 as applicable), and all requirements of the HSWA and associated regulations.
2. The Hirer must ensure that all operators of the Equipment are competent and, where required by law, hold appropriate training certification. On request, the Company can assist the Hirer in arranging operator training through certified trainers.
3. The Hirer must not: (a) overload the Equipment beyond its rated working load; (b) operate the Equipment in wind speeds exceeding the manufacturer's limit; (c) operate the Equipment if any safety device is defective or has been overridden; (d) use the Equipment in any manner likely to cause damage, excessive wear or an unsafe condition.
4. The Hirer must not without the prior written consent of the Company: (a) sub-hire, lend or transfer possession of the Equipment to any third party; (b) remove the Equipment from the site or address specified in the Hire Agreement; (c) alter, modify, paint or attach anything to the Equipment; (d) remove, deface or alter any identification mark, serial number or safety label on the Equipment.
5. The Equipment remains the property of the Company at all times. The Hirer must not hold the Equipment out as its own or allow any third party to assert any interest in it.

6. Health, Safety and Compliance

1. The Hirer is a Person Conducting a Business or Undertaking (PCBU) under the HSWA in respect of the use of the Equipment on its worksite. The Hirer must, so far as is reasonably practicable, ensure the Equipment is used safely and that all relevant duties under the HSWA and its regulations (including the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016) are met.
2. The Hirer must carry out a site-specific risk assessment before operating the Equipment and ensure appropriate controls are in place.
3. The Hirer must immediately cease use of the Equipment and notify the Company if: (a) the Equipment develops a fault or becomes unsafe; (b) the Equipment is involved in an incident or near-miss; or (c) any safety system or device fails or is activated.
4. The Hirer must not re-start Equipment that has been shut down by a safety device until the Company has inspected and cleared it for re-use.

7. Maintenance and Repairs

1. The Company will supply Equipment that has been serviced and is in safe working order at the commencement of the Hire Period.
2. The Hirer is responsible for day-to-day checks (fluid levels, tyres, battery charge as applicable) and must carry out any checks specified in the operator's manual.
3. All maintenance and repairs beyond routine operator checks must be performed by the Company or its authorised agents. The Hirer must not attempt to repair the Equipment without the Company's prior written consent.
4. The cost of repairs required as a result of: (a) misuse, overloading or negligence by the Hirer or its operators; (b) an incident or collision; or (c) operation outside the Equipment's rated parameters — shall be borne by the Hirer. The Company will provide a written assessment of repair costs before proceeding where practicable.
5. Loss of hire revenue during any repair period arising from the Hirer's liability under clause 7.4 shall be charged to the Hirer at the applicable daily hire rate for up to 120 days.

8. Damage, Loss and Insurance

1. The Equipment is at the Hirer's sole risk from the time of delivery until the Company issues a return receipt following collection or return.
2. The Hirer is liable to the Company for: (a) loss of or damage to the Equipment howsoever caused (including theft, vandalism, weather events, fire and accident) during the Hire Period; and (b) the replacement value of lost Equipment, at the Company's standard sale price current at the date of the loss.
3. The Hirer must maintain adequate insurance for the full replacement value of the Equipment during the Hire Period and must produce evidence of that insurance to the Company on request. Acceptable cover includes a contractor's plant or hired-in plant floater endorsement on the Hirer's material damage policy.
4. Where Equipment is declared lost and the Hirer subsequently returns it or recovers it, the Hirer will receive a credit equal to the amount paid for loss, less any hire charges accrued during the loss period.

9. Liability and Indemnity

1. To the fullest extent permitted by applicable New Zealand law, the Company's liability to the Hirer for any claim arising out of or in connection with the Hire Agreement (whether in contract, tort, equity or otherwise) is limited to the total Hire Charges paid by the Hirer under the relevant Hire Agreement in the 3 months preceding the event giving rise to the claim.
2. The Company is not liable for: (a) any loss of profit, loss of revenue, loss of contract, business interruption or any indirect or consequential loss of any nature; or (b) any loss or damage caused by delay in delivery or collection of Equipment.
3. The Hirer indemnifies the Company and its directors, employees and agents against all claims, losses, damages, costs and expenses (including solicitor and client costs) arising from: (a) the Hirer's use or misuse of the Equipment; (b) any breach of these Terms or the HSWA by the Hirer; or (c) any injury to persons or damage to property caused by the Equipment while in the Hirer's possession.
4. Nothing in these Terms limits either party's liability for death or personal injury caused by its own negligence, or for fraud, or for any liability that cannot lawfully be excluded or limited under New Zealand law.

10. Consumer Guarantees Act 1993 and Fair Trading Act 1986

1. The Hirer acknowledges that it is acquiring the Equipment for the purposes of a business and that, accordingly, sections 2 and 43 of the Consumer Guarantees Act 1993 apply so as to exclude the Consumer Guarantees Act from this agreement.
2. Nothing in these Terms is intended to exclude, limit or modify any right or remedy available to the Hirer under the Fair Trading Act 1986 to the extent that such exclusion, limitation or modification would be unlawful.

11. Security Interest (PPSA)

1. These Terms constitute a security agreement under the PPSA. The Hirer grants to the Company a security interest in the Equipment and in all proceeds of the Equipment (including insurance proceeds) to secure the performance of all of the Hirer's obligations under these Terms.
2. The Hirer must, at the Company's request, promptly do all things and execute all documents necessary to enable the Company to register a financing statement and perfect its security interest under the PPSA.
3. The Hirer waives its rights under the following sections of the PPSA to the extent permitted by law: sections 114(1)(a), 116, 120(2), 121, 122, 125, 129, 131, 132, 133 and 134, and the Hirer waives its right to receive a verification statement under section 148.
4. The Hirer must not register a financing change statement, or make a demand under section 162, without the prior written consent of the Company.
5. The Hirer must not create or allow any other security interest, lien or encumbrance over the Equipment, and must not permit the Equipment to become an accession to other property.

12. Repossession

1. If any of the following events occur, the Company may immediately terminate the Hire Agreement and repossess the Equipment without notice and without liability to the Hirer: (a) the Hirer fails to pay any amount due under these Terms; (b) the Hirer commits a material breach of any of these Terms and fails to remedy it within 48 hours of written notice; (c) the Hirer becomes insolvent, is placed in receivership, liquidation, or voluntary administration, or enters into a compromise with its creditors; (d) the Hirer, being a natural person, is adjudicated bankrupt or becomes subject to a personal insolvency arrangement; or (e) the Hirer makes a misrepresentation in connection with the Hire Agreement.
2. For the purpose of repossession, the Company (and its agents) may, with reasonable notice where practicable, enter any premises where the Equipment is located. The Hirer grants the Company (and its agents) an irrevocable licence to enter such premises for this purpose.
3. Repossession does not affect any other right or remedy the Company may have against the Hirer.

13. Return of Equipment

1. Hire Charges cease when: (a) the Company collects and loads the Equipment onto the Company's transport; or (b) the Hirer delivers the Equipment to the Company's yard and it is unloaded and checked by the Company's staff.
2. No returns will be processed on weekends or public holidays, or after 5:00pm on a business day, unless prior written arrangements have been made.
3. On return, the Equipment will be inspected for quantity and condition. The Company's yard inspection is the authoritative record of the condition of returned Equipment. Any cleaning, damage or missing accessories identified on return will be charged to the Hirer.
4. The Hirer is responsible for ensuring the Equipment is clean and free of hazardous materials before return. Cleaning costs will be charged if the Company is required to clean the Equipment.

14. Force Majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from a cause beyond that party's reasonable control, including but not limited to: natural disaster, epidemic, pandemic, war, civil unrest, government action, strike or industrial dispute, fire, flood, or failure of third-party infrastructure. The affected party must notify the other party promptly and take all reasonable steps to mitigate the effects of the force majeure event.

15. Privacy

1. The Company collects and holds personal information about the Hirer and its personnel in accordance with the Privacy Act 2020. The Company may use that information to: administer the Hire Agreement; conduct credit checks; enforce these Terms; and for other purposes notified at the time of collection.
2. By entering into a Hire Agreement, the Hirer authorises the Company to: (a) make credit enquiries with any person or credit reporting agency; and (b) disclose information about the Hirer to debt collection agencies, financiers, and other parties who have a legitimate need for it in connection with the Hire Agreement.
3. Individuals have the right to access and correct their personal information held by the Company under the Privacy Act 2020.

16. Electronic Transactions

The parties agree that these Terms and any Hire Agreement may be entered into, varied and communicated electronically in accordance with the Contract and Commercial Law Act 2017 (Part 4). An electronic signature constitutes a valid signature for the purposes of these Terms.

17. Waiver and Severance

1. A waiver by the Company of any breach of these Terms does not constitute a waiver of any subsequent or other breach.
2. If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

18. Entire Agreement

These Terms, together with the Hire Agreement and any written variations signed by an authorised officer of the Company, constitute the entire agreement between the parties relating to the hire of Equipment and supersede all prior representations, negotiations, understandings and agreements, whether oral or written.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the New Zealand courts in respect of any dispute arising out of or in connection with these Terms or any Hire Agreement.

20. Personal Guarantee

If the Hirer is a company, partnership, or other entity, the person who signs the Hire Agreement on behalf of the Hirer: (a) warrants that they have authority to bind the Hirer; and (b) personally and unconditionally guarantees the performance of all of the Hirer's obligations under these Terms and the payment of all amounts due. This guarantee is a continuing guarantee and is not affected by any variation of the Hire Agreement, the grant of time or other indulgence to the Hirer, or the insolvency of the Hirer.