In this document the following words shall have the following meanings:
1.1 “The Company” means Wanaka Film Studios ltd
1.2 “The Hirer” means the company, firm or person or which has agreed to hire the equipment from the Company;
1.3 “The Equipment” means anything the Company agrees to rent to the Hirer as detailed in correspondence.
1.4 “The Site” means the premises or site specified by the Hirer where the Equipment is to be used.
2.1 These Terms and Conditions shall apply to all contracts for the hire of the Equipment by the Company to the Hirer to the exclusion of all other terms and conditions referred to, offered or relied on by the Hirer unless the Hirer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Company in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
2.3 By booking the Equipment for hire the Hirer is agreeing to these Terms and Conditions unless otherwise agreed in writing.
3 PICKUP AND RETURN
3.1 Unless otherwise agreed in writing, the Hirer is responsible for collecting, loading, transporting and unloading the Equipment at the Site and on its return to the Company and for all costs incurred in connection therewith.
3.2 Upon collection of the Equipment, any defects or dissatisfaction must be notified immediately to the Company and confirmed in writing within 2 working days. In the absence of such notification the Equipment shall be deemed to be in good order in accordance with the terms of the contract and to the Hirer’s satisfaction.
3.3 Collection of the items will be at an arranged time, at or prior to the requested hire start time. The hire period is from the requested time until the equipment has been returned and additional charges will apply for items not returned within the pre paid timeframe.
4 HIRER’S OBLIGATIONS
The Hirer must:
4.1 Use the Equipment in a skilful and proper manner and not use the Equipment for any purpose beyond its capacity;
4.2 Regularly check the condition of the Equipment during the period of hire. The Hirer shall be responsible for any damage or loss arising from the continued use of Equipment in an unsafe condition;
4.3 During the period of hire ensure the security and safekeeping of the Equipment;
4.4 Allow the Company access to inspect, repair or replace the Equipment upon reasonable notice at any time;
4.5 Immediately inform the Company of any breakdown of the Equipment or any problem affecting the working of the Equipment;
4.6 Not repair the Equipment without the prior written consent of the Company;
4.7 Read any relevant operating and safety instructions supplied with the Equipment and only use the Equipment or fit any accessories in accordance with those instructions;
4.8 Unless otherwise agreed in writing by the Company, keep the Equipment in its own possession at the Site;
4.9 Return the Equipment in the same condition as when it was supplied to the Hirer, reasonable wear and tear excepted. Equipment not returned will be charged for at the manufacturer’s current published list price. Hire fees will continue to be charged up to the time the Equipment is paid for in full;
4.10 Not sell or offer for sale, assign, mortgage, or pledge, the Equipment to any third party;
4.11 Comply with any relevant Government or Local Authority Regulations.
5 BREAKDOWN AND REPAIRS
5.1 Where the breakdown of the Equipment is caused by fair wear and tear or by a fault in the Equipment or where stoppage occurs in the course of carrying out normal repairs, full allowance for the hire charges will be made to the Hirer, any claims to be considered from the time and date of notification by the Hirer.
5.2 Where the breakdown of the Equipment is caused as a result of the negligence or misuse by the Hirer, the Hirer shall be responsible for all loss or damage incurred by the Company arising from any breakdown and for the payment of the hire charges during the period the Equipment is inoperable due to such breakdown.
6.1 The Company shall not be liable for any loss or damage arising from any cause beyond its reasonable control.
6.2 The Company shall not be liable to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The liability of the Company with respect to any claims arising out of the hire shall be limited to replacement of the Equipment with similar Equipment or at the Company’s option termination of this contract and restitution of the amount of any charges paid with respect to any period for which the Equipment was inoperable.
The Hirer shall be responsible for insuring the Equipment against loss, damage, theft and any subsequent loss of hire. The Equipment shall be insured for the manufacturer’s current published list price.
The Hirer agrees to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Equipment during the period of hire.