Terms and Conditions
1.1. These Terms and Conditions apply to the hire of equipment from the Malcam Charitable Trust (“Owner”) and the person hiring the equipment (“Hirer”).
1.2. The Owner reserves the right to change these Conditions without notice. Any amended Conditions will be placed on Hive Dunedin and/or Malcam Charitable Trust website and shall apply from the date they are placed on the website.
2.1. Equipment is hired on a daily basis (24 hour period). The Hirer agrees that the Owner may charge extra on a pro rata basis for any equipment usage in excess of the agreed hire period. The Hirer shall not be entitled to a refund of any sort if the Hirer chooses to return the equipment to the Owner before the end of the agreed hire period.
2.2. The hire period begins from the time the equipment leaves the Owner’s premises and runs until the equipment is returned to the Owner.
2.3. The Hire price includes 2 x AAA batteries per headset and spare batteries for replacement. Any unused batteries remain the property of the Owner.
2.4. All charges are exclusive of GST unless otherwise indicated.
2.5. The Hirer shall pay and will be invoiced a fee for the hire period as well as applicable charges for damage, loss or insurance claims, delivery/removal costs, excess use charges and cleaning costs as follows:
- A cleaning fee of $50 will be charged if the Owner deems, in its sole discretion, the equipment to be excessively dirty.
- Lost, damaged or broken headsets will be charged to the Hirer at a cost of $30 per headset.
- Lost, broken or damaged base stations will be charged to the Hirer at $150 per item.
3. PAYMENT AND DEFAULT INTEREST
3.1. The Hirer will be required to pay a bond of $200 to the owner in advance of the hire. Equipment Hire will not be confirmed until payment of a bond is received.
3.2. After the hirer returns the equipment, the owner will inspect and invoice the Hirer for the hire fee and any charges deemed necessary by the owner in accordance with clause 2 of these terms and conditions. The bond will be noted as contribution towards payment of hire and any charges owing. The Hirer will pay and fees and charges owing after consideration of the bond within 30 days of the date of invoice and the owner will refund any bond owing within 30 days of the date of invoice.
3.3. If payment is not received within 60 days of the date of invoice, the owner will charge the hirer default interest at the rate of 2% on all outstanding amounts from the end of the agreed hire period until all monies have been paid in full.3.4. For purchase of equipment, the Hirer will pay the Owner the agreed price. Risk passes to the Hirer on delivery of the equipment.
3.4. The Hirer will be liable for all costs, including legal costs, suffered by the owner that are reasonably necessary to obtain payment under these terms and conditions.
4. PICK UP AND RETURN
4.1. Pick up and return of the equipment is the sole responsibility of the hirer. Charges will apply for the owner to deliver and/or pick up. Those charges will be determined by the owner at the time hire is booked. A charge of $100 will apply if it becomes necessary for the owner to collect the equipment due to a failure of the hirer to return such in accordance with the hire agreement made.
5. RIGHT TO TERMINATE
5.1. The Owner may terminate the Contract by notice with immediate effect if:
- the Hirer fails to comply with these terms and conditions or any other agreement with the owner; or
- the Owner believes the equipment is at risk for any reason whatsoever; or
- by giving the Hirer 48 hours’ written notice.
5.2. The Hirer may terminate the contract by giving at least 7 days written notice and refunds will apply as follows:
- If 7 or more days notice is given 100% of the hire fee will be refunded;
- If less than 7 days notice is given 50% of the hire fee will be refunded;
- If less than 48 hours notice is given, the hire fee will not be refunded
6. HIRER’S OBLIGATIONS
6.1. The Hirer shall:
- Advise the Owner of the intended location and nature of use at the time of hiring the equipment;
- take proper and reasonable care of the equipment and return it to the Owner at the end of the hire period in the same order and condition in which it was received.
- satisfy itself that the equipment is suitable for the Hirer’s intended use;
- use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment;
- immediately cease operating the equipment and notify the Owner by telephone if the equipment is faulty, breaks down or otherwise is not performing in the manner expected;
- notify the Owner immediately if the equipment is lost, stolen or damaged and shall follow all reasonable instructions of the Owner.
- upon request by the Owner, advise the Owner of the whereabouts of the equipment and allow the Owner to inspect and test the equipment during the period of hire and at any premises where the equipment or any part of the equipment may be.
6.2. The Hirer shall not:
- assign, sublet or part with possession of the equipment or any part of it;
- remove, deface or obscure any marks of identification or ownership or registration on the equipment.
- except as permitted by law, 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.
6.3. The Hirer warrants that all persons who use the equipment shall be COMPETENT and QUALIFIED to use the equipment, shall use the equipment in the manner it was designed to be used, and follow any directions from the Owner, local authorities, legislation and manufacturer instructions in terms of the use and safety of the equipment.
6.4. If the Hirer is not an individual, the person who signs the Contract on behalf of the Hirer warrants that they have authority to enter an agreement binding to the hirer.
7. LIMITATION OF LIABILITY
10.1. In entering into the Contract, the Hirer acknowledges that the Owner has no liability to the Hirer for any direct or indirect or consequential loss or damage or for any loss of profit (or any other form of economic loss) arising in connection with the Contract (whether in contract or in tort) including that resulting from the negligence of the Owner, the use by the Hirer of the equipment, arising by operation of law or as a result of the breakdown of any hired equipment, however caused.
10.2. Subject to the exclusion of liability in clause 10.1 above, the maximum aggregate liability of the Owner for all claims made by the Hirer, whether as a result of any breach of the Contract or on any other ground or terms whatsoever (including liability as a result of tort, including negligence) will not exceed the total hire charges paid by the Hirer to the Owner.
10.3. The Hirer will indemnify the Owner against any liability, losses, damages or expenses incurred or suffered by the Owner as a result of any claim made by a third person against the Owner in respect of any loss or liability arising from the Contract or arising out of the use of the equipment hired or purchased by the Hirer.