Terms of service.
1 Interpretation
“Contract” means both Page 1 of this contract and these terms and conditions.
“Owner” – the person(s) or company named on Page 1.
“Hirer” – The person(s) or company named on Page 1 who contracts to hire a Cabin Crew Cabin from the Owner.
“Cabin Crew Cabin” means a movable cabin, the subject of this contract.
1.1 If the Hirer is not an individual, the person who signs this contract on behalf of the Hirer warrants that he/she has authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer.
2 Conditions
2.1 The conditions of hire set out shall apply to all contracts for the hire of a Cabin Crew Cabin between the Owner and the Hirer and shall not be deemed or construed to be modified, amended, waived in whole or in part except by written agreement by the parties.
3 Charges
3.1 The Hirer shall make the payments to the Owner set out on Page 1, at the times and in the manner specified.
3.2 To the extent that payment terms are omitted (either in whole or in part), the Hirer shall pay to the Owner the hire charge set out on Page 1 weekly in advance, with the first weekly payment due on the date of delivery and each payment due weekly thereafter.
3.3 Method of payment: The Hirer shall make all payments to the Owner by automatic bank transfer or such other method of payment as agreed in writing by the Owner.
3.4 All payments made by the Hirer shall be in cleared funds, without set off or deduction of any kind.
3.5 Where specified by the Owner, the Hirer shall pay GST in addition to the payments and charges specified in this contract.
4 Bond
4.1 If a bond is stated on Page 1, and unless agreed otherwise by the Owner, the Hirer must pay the bond to the Owner prior to delivery of the Cabin Crew Cabin. On the expiration of the hire period or earlier termination of this contract, the Owner shall refund the bond to the Hirer in full provided that the Hirer returns the Cabin Crew Cabin in the condition set out in this contract, and has otherwise complied with all of the terms of this contract. If the Hirer returns the Cabin Crew Cabin otherwise than in the condition set out in this contract, or the Hirer has not complied with the terms of this contract (including but without limitation the Hirer has not paid all of the payments and charges specified in this contract), the Owner is, without prejudice to the Owner’s other rights and remedies, entitled to retain the bond or any part of it.
5 Delivery and removal
5.1 The Hirer shall pay the Owner a fee, as specified on Page 1, for the delivery and removal of a Cabin Crew Cabin. This fee shall be paid on the date of signing of this contract.
5.2 The Hirer will ensure that the access to and the intended site for the Cabin Crew Cabin is suitable for delivery and placement of the Cabin Crew Cabin and will provide all assistance required by the Owner to enable the delivery and placement of the Cabin Crew Cabin.
5.3 In addition to the cost of delivery and removal specified in clause 5.1, the Hirer will pay to the Owner all costs incurred by the Owner as a result of any difficulty or delay in delivering and placing the Cabin Crew Cabin on the intended site. If the intended site is, in the opinion of the Owner, in its sole discretion, inaccessible or unsuitable for the Cabin Crew Cabin, the Owner may cancel this contract and the Hirer will pay to the Owner the cost of delivery and removal specified in clause 5.1 and all other costs incurred as notified by the Owner to the Hirer.
5.4 The Hirer indemnifies the Owner against any cost, claim, damage expense incurred or action against the Owner directly or indirectly arising from the Owner delivering or removing the Cabin Crew Cabin.
5.5 The Owner shall not be liable to the Hirer for any costs, claim, damage or expense incurred as a result of any damage to any property or delay in delivering the Cabin Crew Cabin.
6 Owner’s right to enter property
6.1 The Hirer grants the Owner, its employees, contractors or agents, the irrevocable right and authority, without notice and without liability to the Hirer to:
a. enter at any time on to any property or place where the Cabin Crew Cabin is situated or thought to be situated for the purposes of ensuring compliance with this contract;
b. enter the Cabin Crew Cabin and remove any items from the Cabin Crew Cabin in order to retake possession of the Cabin Crew Cabin; and
c. retake possession of the Cabin Crew Cabin.
7 PPSA
7.1 The Hirer agrees that the Cabin Crew Cabin shall at all times remain the property of the Owner. Title in the Cabin Crew Cabin does not pass to the Hirer at any time, nor does the Hirer obtain the right or option to purchase the Cabin Crew Cabin.
7.2 The Hirer agrees that where this contract creates a “lease for a term of more than 1 year” as that term is defined in the Personal Property Securities Act 1999 (“the “PPSA”), this contract creates a security interest in the Cabin Crew Cabin in favour of the Owner.
7.3 The Hirer will at the Owner’s request promptly execute any documents, provide all necessary information and do anything else required by the Owner to ensure that the security interest constitutes a perfected security interest as that term is defined in the PPSA.
7.4 The Hirer acknowledges and agrees that:
a. It waives all its rights under the PPSA to receive a copy of any verification statement as that term is defined in the PPSA.
b. It waives any rights it may have under sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133, 134 and 148 of the PPSA.
c. It shall give the Owner prior written notice of any proposed change of its name or address.
d. The Owner’s rights are not limited by s 109 of the PPSA.
8 Hirer shall indemnify Owner
8.1 The Hirer shall indemnify the Owner against any damage to or loss of the Cabin Crew Cabin and in respect of any claim, action, damage, expense or cost (including full solicitor/client costs) incurred or threatened as a result of the Owner exercising its powers under this agreement or otherwise acting to recover the Cabin Crew Cabin or monies payable by the Hirer pursuant to this contract, or as a result of any breach of this contract or any negligent act or omission by the Hirer.
9 Limitation of liability
9.1 To the extent permitted by law, any item(s) removed from the Cabin Crew Cabin at the time the Cabin Crew Cabin is collected shall be placed nearby the site where the Cabin Crew Cabin was situated. The Hirer acknowledges that in no circumstances whatsoever shall the Owner be liable for theft or damage, loss or any expense whatsoever and howsoever arising (whether in contract or in tort – including that resulting from conversion, negligence of the Owner or arising by operation of law) and whether suffered by the Hirer and/or any third party, in connection with any items removed from the Cabin Crew Cabin.
10 Restrictions on Cabin Crew Cabin and contract
10.1 The Hirer must not, without the prior written approval of the Owner (in its sole discretion):
a. assign, transfer, or otherwise deal with whether in whole or in part, this contract. A change in effective control of the Hirer is deemed to be an assignment for the purposes of this clause;
b. move, sell, transfer, assign, sublease, licence or otherwise part with possession of the Cabin Crew Cabin;
c. affix the Cabin Crew Cabin to any land or property;
d. mortgage, charge or grant any security interest over the Cabin Crew Cabin.
11 Insurance
11.1 The Hirer will insure the Cabin Crew Cabin with an insurance company and on terms acceptable to the Owner. The Hirer will, on request from the Owner, provide to the Owner a copy of the insurance policy and evidence of payment of premiums. If the Hirer breaches the provisions of this clause, the Owner may effect the required insurance, pay the premiums, and recover the cost of so doing from the Hirer.
11.2 The Hirer is solely responsible for obtaining any insurance cover required for any contents within the Cabin Crew Cabin.
12 General Obligations
12.1 The Hirer acknowledges:
a. It has inspected the Cabin Crew Cabin and enters into this contract in reliance upon that inspection and upon the Hirer’s own judgment as to the quality of the Cabin Crew Cabin and its fitness for the Hirer’s purposes;
b. This contract is a lease of chattels and does not create any lease or tenancy pursuant to the Residential Tenancies Act 1986 or the Property Law Act 2007.
12.2 The Hirer acknowledges that the placement of a Cabin Crew Cabin on a property, and/or the use of a Cabin Crew Cabin for some activities, may require the consent of the local authority. The Hirer further acknowledges responsibility to obtain consent as required and to be responsible for meeting any and all costs involved in obtaining such consent.
12.3 Except to extent of any matters recorded in Section 3 on Page 1, the Hirer acknowledges that at the time of delivery the Cabin Crew Cabin was in good, clean and undamaged condition and the Hirer was issued with one key to the door, an electric power lead and curtain railings.
12.4 The Hirer shall take proper and reasonable care of the Cabin Crew Cabin and ensure that it is in good, CLEAN and undamaged condition at the conclusion of the hire period.
12.5 The Hirer shall not make any structural or decorative changes to the Cabin Crew Cabin. The cost of rectifying any structural or decorative changes made to the Cabin Crew Cabin by the Hirer, and the cost of effecting any repairs shall be to the cost of the Hirer.
12.6 In particular, the Hirer acknowledges responsibility for replacing any cracked or broken glass, repairing door handle and window catches and locks, replacing inoperable light bulbs, smoke alarms and, at the conclusion of the hire period, responsibility for returning the key, the electric power lead, curtain railings and (if provided originally) carpet to the Owner.
12.7 The Cabin Crew Cabin shall not be used as an animal shelter, nor shall it be used for the storage of explosives or other dangerous goods or for the predominant storage of food stuffs.
12.8 Naked heat cannot be used inside the Cabin Crew Cabin. This prohibits the use of electric bar heaters, gas heaters and similar appliances. The Hirer shall liable for any damage caused. Smoking is discouraged in the Cabin Crew Cabin.
12.9 The Hirer shall immediately notify the Owner of any damage sustained by the Cabin Crew Cabin.
12.10 The Hirer shall obtain from any lessor, mortgagee or other secured party in respect of the land on which the Cabin Crew Cabin will be placed, upon request from the Owner or at such other time the lessor, mortgagee or other secured party changes, written acknowledgment that the Cabin Crew Cabin is not a fixture for the purposes of the mortgage or security interest and that the lessor, mortgagee or secured party will not make any claim in relation to the Cabin Crew Cabin.
13 Termination
13.1 If:
a. the Owner believes the Cabin Crew Cabin may be at risk for any reason; or
b. any step is taken to appoint a receiver, manager, liquidator, administrator or any like person of the whole or any part of the Hirer’s business or assets;
c. the Hirer is unable to pay any charge or monies to the Owner whether under this contract or otherwise; or
d. the Hirer is otherwise in breach of any of the provisions of this contract; the Owner may with immediate effect terminate this contract by notice to the Hirer and/or retake possession of the Cabin Crew Cabin in accordance with clause 6.
13.2 Termination by the Owner is without prejudice to any rights of the Owner that have accrued prior to termination.
14 Default interest and Costs
14.1 Without prejudice to the Owner’s other rights and remedies under this contract, at law or otherwise the Hirer will pay default interest at the Owner’s current overdraft interest rate (as certified by the Owner’s bank) plus two per cent (2%) on a day to day basis on all outstanding amounts until all money has been paid in full.
14.2 The Hirer will pay to the Owner all expenses, disbursements or legal costs incurred by the Owner (including full solicitor/client costs) in the enforcement or attempted exercise of any rights or remedies contained in this contract.
15 Hire period
15.1 Unless stated otherwise in this contract the hire period shall be six months.
15.2 Notwithstanding clause 15.1, the Hirer may terminate this contract before the end of the six month hire period, or such other period as specified in this contract, on 14 days’ notice to the Owner, in which case the Hirer shall pay a surcharge calculated at one-half of the hire charge for the entire period remaining of the hire period or four weeks hire charge, whichever is the greater.
16 Notice of termination
16.1 If the Owner permits the Hirer to retain possession of the Cabin Crew Cabin after the expiration of the six month hire period (or such other period as specified in this contract), the Hirer shall continue to retain possession of the Cabin Crew Cabin at the same hire charge and on the same terms and conditions as set out in this contract, terminable by either party by 14 days’ notice to the other.
17 Hire charge adjustment
17.1 The Owner shall have the right to adjust the hire charge and/or any other charge under this contract by giving the Hirer 28 days’ notice of such intention. Price increases cannot occur during the first six months of hire.
17.2 Notwithstanding any remaining hire period, if the Owner advises of a proposed increase, the Hirer may terminate the contract upon 14 days’ notice to the Owner and the Hirer will not be liable for any hire charge for the remaining hire period beyond the 14 days’ notice period. Nothing in this clause releases the Hirer from any liability that has accrued prior to termination.
18 Privacy
18.1 The Hirer authorises the Owner to:
a. collect, retain and use information about the Hirer from any person for the purpose of assessing the Hirer’s creditworthiness;
b. disclose information about the Hirer to such persons as may be necessary to enable the Owner to exercise any power or enforce or attempt to enforce any of the Owner’s rights, remedies and powers under this contract.
19 General
19.1 Consumer Guarantees Act: The Hirer agrees that where the Cabin Crew Cabin is being leased from the Owner for use in the Hirer’s business, the provisions of the Consumer Guarantees Act 1993 do not apply.
19.2 Liability: To the extent permitted by law, all warranties, conditions or obligations imposed on the Owner at law, in equity, or otherwise are expressly excluded.
19.3 Entire Agreement: This contract records the entire understanding and agreement between the parties and supersedes all prior agreements, statements, correspondence, understandings and undertakings, whether written, oral or both made between the parties.
19.4 Variation: No variation or amendment to this contract is effective unless it is in writing and signed by both parties.
19.5 Severability: If at any time any provision of this contract becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired to the intent that the contract should be construed as if the provisions or part in question has been deleted.