ANTARES HIRE LTD
TERMS AND CONDITIONS (TERMS)
1. General
1.1 The following Terms govern the hire of all Plant/Equipment from Antares Hire Ltd to the Hirer and the provision of any Services by Antares Hire Ltd to the Hirer.
1.2 Any order or request for the hire of Plant/Equipment accepted by Antares Hire Ltd brings into effect a Hire Contract governed by these Terms.
1.3 These Terms supersede all other terms, conditions and agreements between Antares Hire Ltd and Hirer and no variation of these Terms will apply unless accepted in writing by Antares Hire Ltd. No other terms and conditions contained in any document provided by the Hirer shall apply unless agreed in writing by Antares Hire Ltd.
1.4 Antares Hire Ltd may amend these Terms from time to time. These changes shall be deemed to take effect from the date on which the Hirer receives notice of such changes, or at such time as Antares Hire Ltd provides further Plant/Equipment or Services to the Hirer.
2. Definitions and Interpretation
2.1 In these Terms:
2.1.1 Business Day means a day other than Saturday, Sunday or public or anniversary holiday in Antares Hire Ltd.’s location from which the Plant/Equipment is hired;
2.1.2 CGA means the Consumer Guarantees Act 1993;
2.1.3 Credit Account Application means an application for a credit account with Antares Hire Ltd;
2.1.4 Damage Waiver Fee means the fee payable to provide cover against accidental damage, loss, and theft to the Plant/Equipment;
2.1.5 Default Interest Rate means 5% per annum greater than Antares Hire Ltd.’s business overdraft interest rate;
2.1.6 Plant/Equipment means all Plant/Equipment, machinery, accessories, or any other goods hired by the Hirer from Antares Hire Ltd (but not including any Plant/Equipment that is exclusively governed by other terms);
2.1.7 Event of Default has the meaning given in clause 22.1;
2.1.8 FTA means the Fair-Trading Act 1986;
2.1.9 GST means goods and services tax payable under the Goods and Services Tax Act 1985;
2.1.10 Hire Charges means the charges for the hire of the Plant/Equipment and/or the provision of the Services as agreed between Antares Hire Ltd and the Hirer;
2.1.11 Hire Contract means any contract for the hire of Plant/Equipment made between Antares Hire Ltd and the Hirer and governed by these Terms;
2.1.12 Hire Form means the order form or other document agreed between Antares Hire Ltd and the Hirer or other communication between Antares Hire Ltd and the Hirer, setting out the key terms relating to the hire of the Plant/Equipment and/or the provision of Services;
2.1.13 Hire Period means the period of the hire of the Plant/Equipment, as more particularly described in clause 10;
2.1.14 Hirer means the person hiring the Plant/Equipment (or acquiring the Services) including the Hirer’s successors;
2.1.15 HSWA means the Health and Safety at Work Act 2015;
2.1.16 Owner means the person hiring the Plant/Equipment to the Hirer;
2.1.17 PPSA means the Personal Property Securities Act 1999;
2.1.18 Services means any services Antares Hire Ltd provides to the Hirer in connection with the hire of the Plant/Equipment including but not limited to haulage, cartage, and operating services;
2.1.19 Site means any site to which the Plant/Equipment is to be delivered or used, including any vessel, vehicle or mobile apparatus upon which the Plant/Equipment is to be used.
2.2 In these Terms
2.2.1 Headings are for convenience only and will not affect the interpretation of these Terms;
2.2.2 References to clauses are to clauses of these Terms;
2.2.3 All references to legislation are references to New Zealand legislation in force and include any subordinate legislation, by-law, regulation, order, statutory instrument, or determination made under it, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation;
2.2.4 The term “includes” or “including” (or similar terms) is deemed to be followed by the words “without limitation”;
2.2.5 References to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority, or entity, in each case whether or not having a separate legal identity; and
2.2.6 Where more than one person is the Hirer, each of those people shall be jointly and severally liable for all payments for the hire of Plant/Equipment and provision of Services and all other obligations under these Terms.
3. Hire of Plant/Equipment
3.1 The Plant/Equipment and Services are as described in the Hire Form or as otherwise agreed by Antares Hire Ltd.
3.2 Antares Hire Ltd is not obliged to accept any order or request for the hire of Plant/Equipment or provision of Services.
3.3 Antares Hire Ltd will supply equipment subject to availability.
3.4 Antares Hire Ltd may require the Hirer to pay a bond as a condition of the hire of the Plant/Equipment, which shall be refundable in accordance with and subject to clause 5.4.
3.5 Antares Hire Ltd may require a guarantee to be provided by the Hirer’s directors and/or shareholders as a condition of the hire of the Plant/Equipment.
3.6 If Antares Hire Ltd cannot provide the Plant/Equipment or Services to the Hirer, then by written notice to the Hirer Antares Hire Ltd may cancel any order for the Plant/Equipment or Services (even if it has been accepted) and refund any prior payments to the Hirer but otherwise Antares Hire Ltd will have no further liability to the Hirer.
3.7 In the event of cancellation or postponement of hire under a signed agreement, the Hirer shall be liable to pay a fee equivalent of 75% of the week hire rate for each full or partial week until hire commences or the agreement is terminated in writing by both parties. All non-recoverable costs incurred by Antares Hire Ltd. in the provision of the Plant/Equipment shall be passed on to the Hirer. The fee shall be payable on demand.
4. Hire Charges
4.1 The Hire Charges are (except in the case of manifest error or fraud):
4.1.1 As set out in the Hire Form;
4.1.2 Where no price is stated in the Hire Form or where there is no Hire Form, the price according to Antares Hire Ltd.’s current price list; or
4.1.3 As otherwise agreed between the parties.
4.2 The Hire Charges are exclusive of GST, which shall also be payable by the Hirer (except where otherwise agreed).
4.3 Hire Charges are based on the length of hire, typically daily, weekly or monthly;
4.3.1 Hire periods and "maximum usage times" are:
"Daily" means 24 hours (maximum usage time 7 hours);
"Weekly" (maximum usage time 35 hours); and
"Monthly" means a calendar month (e.g. if pick up on the 18th of a month, return is to be by 4.00pm on the 17th of the following month (maximum usage time 140 hours);
4.3.2 In the event Plant/Equipment is used beyond agreed maximum usage time, Antares Hire Ltd may charge Hirer excess hour charges.
5. Payment
5.1 The Hirer shall pay the Hire Charges as specified in the Hire Form or as otherwise agreed between the parties:
5.1.1 In full without deduction or set-off of any kind; and
5.1.2 To the bank account nominated by Antares Hire Ltd in writing from time to time or by such other method approved by Antares Hire Ltd.
5.2 Where the Hirer is a credit account customer the Hire Charges are payable by the 20th of the month following the month of invoice (except where otherwise agreed).
5.3 Where the Hirer is not a credit account customer the Hire Charges are payable prior to commencement of hire or on such other date or dates set out on the Hire Form or agreed between the parties.
5.4 Any bond paid by the Hirer will be refunded if the Plant/Equipment is returned in accordance with these Terms after deducting such amounts that are owing by the Hirer to Antares Hire Ltd under all Hire Contracts between Antares Hire Ltd and the Hirer.
6. Additional Payments by Hirer
6.1 In addition to the Hire Charges the Hirer shall on demand pay:
6.1.1 The cost of delivering or collecting the Plant/Equipment;
6.1.2 The cost of repairing the Plant/Equipment where the Plant/Equipment is damaged or breaks down (except where this is Antares Hire Ltd.’s responsibility under clause 13.2 or where such damage is covered by the damage waiver under clause 12);
6.1.3 The cost of replacing the Plant/Equipment where the Plant/Equipment is lost, stolen or irreparably damaged, or where the Plant/Equipment irreparably breaks down (except where this is Antares Hire Ltd.’s responsibility under clause 13.2 or where such damage, loss, or theft is covered by the damage waiver under clause 12);
6.1.4 The cost of remedying any failure of the Hirer to return the Plant/Equipment in compliance with these Terms;
6.1.5 The cost of recovering possession of the Plant/Equipment;
6.1.6 The cost of any fuel used by the Hirer in the operation of the Plant/Equipment and not replaced on return of the Plant/Equipment;
6.1.7 The cost of any other consumables used by the Hirer in the course of operating the Plant/Equipment;
6.1.8 The cost of repair and/or replacement of any of the parts of the Plant/Equipment required due to the Hirer’s use of the Plant/Equipment;
6.1.9 Any costs incurred in enforcing any of these Terms including any legal fees incurred by Antares Hire Ltd;
6.1.10 Any costs incurred by Antares Hire Ltd in registering or protecting its interest in the Plant/Equipment under clause 17;
6.1.11 If the Hirer is on a minimum term contract and the Plant/Equipment is damaged they may not off hire the item whilst repairs are being taken out. If the Plant/Equipment is written off the Hirer is responsible under their insurance to provide a full replacement and the hire term will remain in place until the minimum term has finished. If the minimum term has been reached whilst waiting for the Plant/Equipment to be replaced or repaired the Hirer will continue with paying the hire until Antares Hire receives back the item repaired to a condition it was in prior to the damage or the Plant/Equipment has been fully replaced;
6.1.12 Should the Hirer request any modification, adjustment, or reconfiguration of the Plant/Equipment during the hire period, all associated costs, including but not limited to labour, parts, and transportation costs will be charged to the Hirer. Such charges will be payable in accordance with the agreed payment rates set forth in this agreement;
6.1.13 If the Hirer requests commissioning of the Plant/Equipment, all associated costs will be charged to the Hirer and payable in accordance with the agreed payment terms.
6.2 If any amount owing by the Hirer is not paid on its due date (whether in respect of the Hire Charges or otherwise), without limiting any of Antares Hire Ltd.’s rights or remedies interest will accrue on the outstanding amounts at the Default Interest Rate.
7. Hirer Warranties
7.1 The Hirer warrants that all information provided to Antares Hire Ltd, including any information contained in any Credit Account Application, is true and accurate in all material respects.
8. Hirer Acknowledgements
8.1 Any advice, recommendation, information, or assistance provided by Antares Hire Ltd is given in good faith and is based on Antares Hire Ltd.’s own knowledge and experience. However, the Hirer acknowledges that it is its responsibility to ensure that:
8.1.1 The Plant/Equipment is suitable for its purposes;
8.1.2 The Site is suitable for the Plant/Equipment;
8.1.3 The use or installation of any Plant/Equipment at the Site will not be in breach of any restriction or covenant affecting the Site or any other legal or regulatory requirement.
9. Delivery and Return of Plant/Equipment
9.1 Where Antares Hire Ltd is responsible for arranging the delivery and/or pickup of the Plant/Equipment Antares Hire Ltd will use its reasonable endeavours to make delivery of the Plant/Equipment at any time that has been agreed but time will not be of the essence and Antares Hire Ltd will not be responsible for any loss or damage sustained by reason of any delay in delivery.
9.2 Delivery will be deemed complete when the Plant/Equipment is transported to the Site.
9.3 Antares Hire Ltd may deliver the Plant/Equipment in instalments.
9.4 Antares Hire Ltd shall not be liable for any loss or damage to the Site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas, accessways, kerbs, culvert foundations, overhead lines or underground services) in respect of the delivery of the Plant/Equipment except where this is caused by the negligence of Antares Hire Ltd.
9.5 The Hirer shall make all arrangements necessary to take delivery of the Plant/Equipment whenever and wherever it is tendered for delivery. Antares Hire Ltd shall be entitled to assume that any person accepting delivery of the Goods is authorised to do so on the Hirer’s behalf.
9.6 The Hirer shall inspect the Plant/Equipment on delivery and notify Antares Hire Ltd of any alleged damage to the Plant/Equipment or any other alleged defect, shortage in quantity, damage, or failure to comply with the description.
9.7 Unless agreed otherwise the Hirer is responsible for loading and unloading any of the Plant/Equipment at the Site.
9.8 The Hirer shall arrange where necessary, for traffic management or roading control measures required to ensure safe and lawful delivery of the Plant/Equipment. Additional costs will be charged and payable to the Hirer.
10. Hire Period
10.1 Where Antares Hire Ltd is responsible for delivering the Plant/Equipment the Hire Period will commence on delivery (or attempted delivery) of the Plant/Equipment to the Site in accordance with clause 9.
10.2 Where the Hirer is responsible for collecting the Plant/Equipment the Hire Period will commence on the date the Hirer collects the Plant/Equipment or the agreed date for commencement of the Hire Period, for example as specified on the Hire Form, (whichever occurs first).
10.3 The Hire Period will continue for the period that has been agreed between Antares Hire Ltd and Hirer, for example as specified on the Hire Form.
10.4 If the Hirer fails to return or make the Plant/Equipment available for return at the end of the Hire Period without Antares Hire Ltd.’s consent, then without limiting any of Antares Hire Ltd.’s rights, until such time as the Plant/Equipment is returned or made available for return the Hirer will pay to Antares Hire Ltd to the Hire Charges until the Plant/Equipment is returned.
10.5 The Hirer will return or make the Plant/Equipment available for collection at the end of the Hire Period in such condition and repair required by these Terms, including that the Plant/Equipment is clean and without spoil. The Hirer will pay the cleaning charge where the Plant/Equipment is returned with spoil and uncleaned.
11. Use and Operation of the Plant/Equipment
11.1 The Hirer shall:
11.1.1 Maintain the Plant/Equipment in the same order, condition, and repair than at commencement of the Hire Period;
11.1.2 Except where clause 13.2 applies repair and/or replace any parts of the Plant/Equipment which require repair or replacement, unless Antares Hire Ltd in its absolute discretion notifies the Hirer otherwise;
11.1.3 Keep the Plant/Equipment secure and safe and take all reasonable steps to protect the Plant/Equipment against vandalism, damage, theft or unauthorised distress or seizure including but not limited to ensuring that the Plant/Equipment is stored in secured premises;
11.1.4 Pay for all fuel used in the operation of the Plant/Equipment;
11.1.5 Regularly check, supply and top up all consumables as approved by Antares Hire Ltd including without limitation; fuel, oil, lubricating oil, hydraulic oil, cleaning and other consumables, necessary for the operation of the Plant/Equipment;
11.1.6 Use the Plant/Equipment only at the Site;
11.1.7 Use the Plant/Equipment only for its intended use;
11.1.8 Use the Plant/Equipment in accordance with any relevant laws, regulations, and requirements;
11.1.9 Operate the Plant/Equipment in accordance with Antares Hire Ltd.’s and manufacturer’s recommendations and requirements;
11.1.10 Obtain at its own expense all certificates, licences and approvals that may be required for the hire of the Plant/Equipment;
11.1.11 Not operate the Plant/Equipment outside its agreed purposes or rated capacity or in a manner likely to cause undue wear and tear;
11.1.12 Inspect the Plant/Equipment regularly; and
11.1.13 Carry out any necessary servicing to the Plant/Equipment.
11.2 The Hirer shall only permit safe operation of the Plant/Equipment by persons suitably skilled, competent, qualified and/or licensed to do so.
11.3 The Hirer shall not:
11.3.1 Operate the Plant/Equipment whilst it is in a defective, damaged, or dangerous condition;
11.3.2 Exceed the recommended or legal load and capacity limits of the Plant/Equipment;
11.3.3 Use the Plant/Equipment under the influence of drugs or alcohol;
11.3.4 Use the Plant/Equipment while having been directed by a medical or other professional person not to operate the Plant/Equipment due to any health condition, illness, medical condition or medication;
11.3.5 Use or carry any illegal, prohibited, or dangerous substance in or on the Plant/Equipment; or
11.3.6 Modify or alter the Plant/Equipment or allow anything to be added to it.
11.4 The Hirer shall on Antares Hire Ltd.’s request provides Antares Hire Ltd with such information that Antares Hire Ltd requires in relation to the Plant/Equipment, including details of the Site(s) at which the Plant/Equipment is used.
12. Damage Waiver and Insurance
12.1 Clause 12.2 to 12.7 apply where Antares Hire Ltd provides a damage waiver scheme in relation to the rental of Plant/Equipment involving payment of a Damage Waiver Fee.
12.2 A Damage Waiver is not insurance, but is an agreement by Antares Hire Ltd that the Hirer's liability for damage to the Plant/Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
12.3 As a condition of the hire of the Plant/Equipment Antares Hire Ltd may require the Hirer to pay the Damage Waiver Fee or the Hirer may choose to pay the Damage Waiver Fee.
12.4 If the Hirer pays the Damage Waiver Fee, in the event of accidental damage, loss, or theft to the Plant/Equipment the Hirer will only be liable for the damage waiver excess applicable to the Plant/Equipment and not the costs of repair or replacement under clause 6.1.2 and 6.1.3. The Hirer will pay the damage waiver excess on demand.
12.5 A Damage Waiver Excess must be paid by the Hirer for each and every separate incident which may occur in any Hire Period, where any Damage Waiver is applicable.
12.6 The damage waiver does not cover any damage to, or loss or theft of, the Plant/Equipment caused by the Hirer failing to comply with these terms, including the Hirer failing to use or operate the Plant/Equipment in compliance with these Terms (and clause 12.3 shall in those circumstances be of no effect).
12.7 The damage waiver does not cover damage to tyres or any other matter that Antares Hire Ltd informs the Hirer is excluded before commencement of the hire.
12.8 The Hirer is responsible at its own expense for effecting insurance in respect of damage to the Hirer’s property and third parties against all risks arising from the Plant/Equipment being in the Hirer’s care, custody, or control, regardless of whether any Damage Waiver Fee is paid.
12.9 Where no Damage Waiver Fee is paid the Hirer is responsible at its own expense for effecting insurance for the Plant/Equipment’s full replacement value against all risks arising from the Plant/Equipment being in the Hirer’s care, custody, or control.
12.10 Where no Damage Waiver Fee is paid or where the damage waiver does not cover the damage, loss or theft pursuant to clause 12.4 or 12.5, the Hirer is fully liable in respect of any damage, loss or theft to the Plant/Equipment pursuant to clause 6.1.2and 6.1.3.
12.11 The hire of the Plant/Equipment may be conditional on the Hirer putting in place the insurance policies referred to in clause 12.6 and 12.7 satisfactory to Antares Hire Ltd in Antares Hire Ltd.'s absolute discretion and providing evidence of such policies to Antares Hire Ltd on request. Without limitation, Antares Hire Ltd may require that Antares Hire Ltd is added as an interested party to the Hirer’s insurance policy or policies.
13. Damage – Inherent Defects
13.1 The Hirer shall notify Antares Hire Ltd immediately on the occurrence of:
13.1.1. Damage to the Plant/Equipment;
13.1.2. The Plant/Equipment breaking down; or
13.1.3. Destruction, loss, or theft of the Plant/Equipment.
13.2. If the Plant/Equipment is damaged, breaks down or fails to operate due to any defects arising from normal wear and tear or an inherent fault or any other fault not detectable at the beginning of the Hire Period Antares Hire Ltd may repair or replace the Plant/Equipment at its expense (and suspend the Hire Charges).
13.3. Notwithstanding clause 13.2, if repair or replacement is too expensive, impractical, or impossible (in each case as determined in Antares Hire Ltd.'s absolute discretion) then Antares Hire Ltd can terminate the hire of the Plant/Equipment. On termination Antares Hire Ltd will collect the Plant/Equipment.
14. Access
14.1 The Hirer grants Antares Hire Ltd and its employees, representatives and agents access to the Site and the Plant/Equipment (whether or not during business hours) to deliver, collect, inspect, test, adjust, maintain, repair, or replace the Plant/Equipment, or to exercise any of its rights, remedies or obligation sunder these Terms.
15. Assignment and no dealing
15.1. The Hirer may not assign any of its rights under any Hire Contract or these Terms, or sublet, sell, cross-hire or charge the Plant/Equipment.
15.2. The Hirer shall keep the Plant/Equipment in its own possession and control and shall not allow any person other than its properly qualified or licensed employees or contractors to use it.
15.3. AntaresHire Ltd may assign, sub-contractor license all or any part of its rights and/or obligations under any Hire Contract without the Hirer’s consent.
16. Health and Safety at Work Act
16.1 To the extent permitted by law Antares Hire Ltd is not responsible for any obligations imposed on the Hirer from time to time pursuant to the HSWA.
17. Title and Security Interest
17.1 Each Hire Contract is a contract for the right to use Plant/Equipment and Services only and Antares Hire Ltd at all times retains ownership of the Plant/Equipment.
17.2 The parties acknowledge that the hire of the Plant/Equipment may create a security interest in the Plant/Equipment in favour of Antares Hire Ltd under the PPSA (in particular where the Plant/Equipment is hired for a period of more than 1 year) and that in those circumstances the Hire Contract creates a security agreement for the purposes of the PPSA. Antares Hire Ltd may register a financing statement in respect of its security interest in the Plant/Equipment.
17.3. The Hirer shall do everything that Antares Hire Ltd reasonably requires to ensure that Antares Hire Ltd has a perfected security interest in the Plant/Equipment (including providing and updating any debtor information). The Hirer agrees that it will not register a financing change statement or a change demand in respect of the Plant/Equipment.
17.4. The following sections of the PPSA shall not apply to any Hire Contractor any security interest and the Hirer waives its rights under the following sections of the PPSA: 114(1)(a), 116,120(2),121, 122,125, 129, 131,132,133, and 134. The Hirer waives its right to a verification statement upon registration of Antares Hire Ltd’s security interest.
18. Warranties and Guarantees
18.1. AntaresHire Ltd warrants as follows (subject to the other provisions of this clause 18and clause19):
18.1.1. It has the right to hire the Plant/Equipment to the Hirer;
18.1.2. The Plant/Equipment matches the description;
18.1.3. The Plant/Equipment complies with any agreed specifications.
18.2. Where the Hirer isa consumer (as defined in the CGA) certain guarantees may also apply in respect of the hire of the Plant/Equipment and the provision of the Services pursuant to the CGA. These guarantees may only be limited by clause 19.4.
19.Exclusion of Terms
19.1. Apart from the warranties or guarantees described in clause 18or any express warranties provided by Antares Hire Ltd, Antares Hire Ltd makes no representations and give no assurances, warranties or guarantees to the Hirer in relation to the hire of the Plant/Equipment or the Services. To the maximum extent permitted bylaw, any representation, assurance, warranty or guarantee implied by law, custom or practice is excluded.
19.2. To the maximum extent permitted by law none of Antares Hire Ltd’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by any of Antares Hire Ltd’s directors in writing.
19.3. Where the Hirer acquires the Plant/Equipment and/or acquires the Services in trade, Antares Hire Ltd and the Hirer agree to contract out of the following sections of the FTA in accordance with section 5D of the FTA:
19.3.1. Section 9: Misleading and deceptive conduct generally;
19.3.2 Section 12A: Unsubstantiated Representations;
19.3.3. Section 13: False or misleading representations.
19.4. Notwithstanding clause 18.2, where the Hirer hires the Plant/Equipment or acquires the Services in trade, Antares Hire Ltd and Hirer agree to contract out of the CGA in accordance with section 43 of the CGA.
19.5. The parties agree that it is fair and reasonable to be bound by clauses 19.3and 19.4.
20. Liability
20.1. AntaresHire Ltd shall be under no liability whatsoever to the Hirer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by Antares Hire Ltd of these Terms.
20.2. Antares Hire Ltd’s aggregate liability in respect of a Hire Contract shall be limited to the Hire Charges in respect of that Hire Contract.
21. Indemnities
21.1 The Hirer indemnifies Antares Hire Ltd against any loss, damage, liabilities, costs, or expenses in respect of:
21.1.1 Any injury or damage caused to Antares Hire Ltd or its property or any third party or third party’s property arising from the use of the Plant/Equipment by the Hirer; and
21.1.2 Any breach of these Terms by the Hirer.
22. Default
22.1 The Hirer commits an Event of Default if:
22.1.1 The Hirer fails to make payment in accordance with these Terms;
22.1.2 The Hirer breaches any of these Terms and such breach is irremediable or if it is remediable, it is not remedied within 5 Business Days of Antares Hire Ltd giving notice to the Hirer requiring it to be remedied;
22.1.3 In Antares Hire Ltd.’s opinion the Hirer will be unable to pay its debts as they fall due;
22.1.4 The Hirer commits an act of bankruptcy or is declared bankrupt;
22.1.5 The Hirer becomes insolvent, convenes a meeting with its creditors or propose or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, or;
22.1.6 A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any of the Hirer’s assets.
22.2 Where the Hirer acquires the Plant/Equipment and/or Services for the purposes of a business the Hirer also commits an Event of Default if it ceases or threatens to cease to carry on business.
22.3 If an Event of Default occurs, without prejudice to any other rights or remedies available to Antares Hire Ltd under these Terms or otherwise, Antares Hire Ltd may:
22.3.1 Terminate any Hire Contract by giving notice to the Hirer; and
22.3.2. Recover the Plant/Equipment.
22.4 Termination will not affect any rights that have accrued to the date of termination and in particular Antares Hire Ltd.’s right to recover any unpaid Hire Charges and any other loss, damage, costs and expenses provided for in these Terms or any of these Terms which expressly or by implication survives termination.
23. Use of Third Parties
23.1. Antares Hire Ltd may subcontract with any other person, firm or company to provide the Plant/Equipment or the Services.
24. Collection, Use and Disclosure of Information
24.1 The Hirer agrees that Antares Hire Ltd may collect personal information from the Hirer that Antares Hire Ltd reasonably requires to:
24.1.1 Provide the Plant/Equipment and the Services;
24.1.2 Assess the Hirer’s creditworthiness;
24.1.3 Administer and enforce any Hire Contract;
24.1.4 Maintain credit records held by Antares Hire Ltd, any related company and external agencies;
24.1.5 Conduct market research, data processing and statistical analysis; and
24.1.6 Market Antares Hire Ltd.’s goods and services.
24.2 The Hirer may in accordance with the Privacy Act 2020 request access to or correction of the personal information that Antares Hire Ltd holds by contacting Antares Hire Ltd.
25. Notices
25.1 Without limiting any other means of service, any notice given to the Hirer under these Terms may be given by email (effective upon transmission) or post (effective 2 Business Days after sending) to the addresses specified on the Hire Form or Credit Account Application or such other email address or address by which the Hirer has communicated with Antares Hire Ltd.
26. General
26.1 Antares Hire Ltd shall not be liable for any delay or failure to comply with its obligations under these Terms which are caused by any act of God, terrorism, war, strike, lock out, industrial action, flood, storm, epidemic, pandemic, or other event beyond Antares Hire Ltd.’s reasonable control.
26.2 Antares Hire Ltd does not waive a right, power or remedy if it fails to exercise or delay in exercising the right, power or remedy.
26.3 The rights powers and remedies provided in these Terms are cumulative and not exclusive of any rights powers or remedies provided by law.
26.4 If any of these Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality, and enforceability of the remaining Terms will not be affected, prejudiced or impaired.
27. Force Majeure
27.1 The term "Force Majeure Event" includes but is not limited to; an act of God, act of public enemy, war, terrorism, blockade, public riot, natural disasters, pandemics, government actions, or any other events whether similar to those enumerated above or otherwise, that are beyond the reasonable control of the party claiming suspension.
27.2 If any party, by reason of force majeure, is wholly or partially unable to perform its obligations under this Agreement, that party will promptly notify the other party in writing of the event and its expected impact on performance.
27.3 The affected party will take all reasonable steps to mitigate the effects of the force majeure event and resume performance of its obligations under this Agreement.
28. Governing Law
28.1 These Terms and all Hire Contracts are governed by the laws of New Zealand.
28.2 The Hirer submits to the non-exclusive jurisdiction of the courts of New Zealand.
TFCS-051132-6-115-V2
Antares Hire Ltd T&C’s – June 2024