Terms and Conditions
Master Rental Terms in this agreement for each Rental Contract.
Definitions: “HR” means the company Hospitality Rentals Limited as referred within this agreement. “The Renter” means the person or entity signing the rental contract or making an Order and any person acting with ostensible authority on behalf of the party named as the Renter. “Agreement “means these Master Rental Terms and conditions as set out for each rental contract and where applicable any other schedule attached. “Commencement Date” means the commencement date set out in the Rental Contract. “Administration” means the costs in administrating the contract and registering with the PPSR. “PPSR” means Personal Property Securities Register which commenced in May 2002. “Security Interest” has the meaning given to it under the PPSR. “Equipment” means all equipment listed on the Rental Contract with all replacements, accessories and parts supplied at any time, together with any further equipment acquired with, in addition to or in substitution for the equipment. “GST” means Goods and Services Tax within the meaning of the Goods and Services Act 1999. “Guarantor” means any guarantor who guarantees the obligations of the Renter to HR. “Rental Schedule” means each Rental Schedule entered into by the Renter and HR, or substantially in, the form incorporated in or attached to this Agreement, including any further rental schedule in the future in relation to additional equipment.
(a) Where the rental contract makes a provision of delivery for Equipment then the delivery will take place to the premises as stated on the Rental Agreement, provided that this location is not classed as rural by HR authorised carriers.
(b) If the customer is not in a position to accept or take delivery of the equipment as scheduled the Renter will be responsible for all additional charges caused thereby.
(c) Delivery of Equipment is deemed complete once the Renter signs the freight consignment note as received.
(d) The Renter of the equipment must inform the carrier of any damages on receipt of the equipment and any shortfall of equipment as listed on the Agreement Equipment schedule. The renter must notify HR immediately of damages or shortfall of equipment listed.
(e) Delivery of equipment will occur between standard business hours of 9.00am – 5.00pm, Monday to Friday, excluding public holidays. Deliveries are not time critical or time specified unless previously arranged and additional surcharges or fees paid prior to despatch.
(f) Delivery of Equipment is limited to the curb side of the premises stated on the Rental Agreement and it is The Renters responsibility to move and position equipment, unpackage and dispose of packaging.
(g) When HR has exercised its rights to replace or renew equipment under clause 6 (b) ii. of the Rental Agreement, the Renter agrees to safely and securely store equipment against theft and damage until HR authorised service or transport agent/s can attend.
(a) The Renter will be responsible to ensure there is adequate access and all necessary facilities including but not limited to power, water inlet, water outlet, lighting, hoisting and lifting facilities, labour, site preparation and installation of the equipment by a qualified certified installation agent as approved by HR.
(b) The renter will be responsible for any costs incurred for the installation of all the equipment as described on the Agreement Schedule.
(c) Upon HR delivering equipment The Renter will ensure adequate safe storage facilities are provided for protection of the equipment against theft and damage at no cost to HR.
(d) The Renter is to ensure that water supplied to equipment meets the water specifications of the equipment manufacturer. Where water is outside of this specification The Renter will be liable for any costs incurred for water treatment options to meet equipment manufacturers specification. If HR deems that the water quality has caused damage to equipment The Renter will be liable for cost incurred from repair and rectifying water quality.
(e) The Renter agrees not to construct or position any item that blocks removal of equipment from installation position to curb side of the premises stated on the Rental Agreement. The Renter will be liable for any costs incurred with lifting, hoisting, labour, demolition and reinstatement of any items blocking free access to equipment.
(f) Where regulations allow, connection to services must be of a quick connection design, this includes an appropriately rated socket-outlet electrical connection, gas bayonet fitting, and water isolation valves.
(g) The renter agrees to provide HR with photographs of the installation upon request, or agrees to allow HR or its nominated representative to take photographs of installation.
3) Health and Safety at Work Act 2015
Each party will perform, and will ensure that its employees, agents and officers perform, their respective duties under the Health and Safety at Work Act 2015. Without limiting the foregoing, each party will notify the other of any health and safety matters arising from the first party’s operations and premises which is relevant to the performance of this contract, and the health and safety of any employee, agent or officer or the other party.
4) Time of Performances
Time will in no case be of the essence in respect of the delivery of Goods. HR will not be responsible for any delay in the delivery of Equipment and the Renter will not be entitled to cancel the Rental Contract because of any such delay. Dates for delivery of Equipment are given in good faith and are not to be treated as a condition of the Rental Contract.
5) Use of Equipment
(a) The Renter will keep the Equipment clean in good order (fair wear and tear expected) and operate the equipment as per manufacturers and HR operation and cleaning instructions. The equipment is to be cleaned regularly in conjunction with the Manufacturers cleaning and maintenance operation manual. If the renter cannot locate their operation manual it is the renters responsibility to request the appropriate operation manuals directly from HR in writing.
(b) In the event the Equipment has not been maintained or cleaned as per the manufacturers operation manual or as instructed by staff of HR then any service required due to lack of cleaning and general maintenance will be at the cost of the Renter.
(c) The renter will:
i. Not attempt to sell, dispose of or encumber the Equipment in any way.
ii. Not alter or make any physical alteration or addition to the Equipment, or alter any identifying marks on the Equipment without prior written consent from HR.
iii. Not relocate the Equipment without prior written consent from HR and should the Equipment be removed or lost or damaged the Renter must immediately advise HR in writing.
iv. Allow HR to inspect and photograph the Equipment at any reasonable time upon HR giving the Renter reasonable notice.
v. Notify HR in writing within 7 days prior to any change in your name or address.
vi. The Renter must protect HR’s interest in the Equipment.
(d) The renter will use only chemicals, detergents or cleaning products approved by HR. Any failure of equipment components and the resultant damage to equipment when non-approved chemicals, detergents or cleaning products have been used will be at the Renters expense. It is the renters responsibility to notify HR of what chemical the renter intends on using for HR to approve prior to use.
(e) No component or part of the equipment is to be removed or disconnected without the express written consent of HR.
(f) The Renter will ensure, at their expense, that all persons who access equipment are suitably trained in safe, legal and manufacture recommended practises, including but not limited to cleaning and operation.
(g) If HR deems equipment to be a safety or health hazard, the Renter will immediately discontinue use of equipment and isolate equipment from use as per HR or its nominated agents instructions.
6) Breakdown Service Contract
(a) Breakdown service will only be carried where the Renter has no arrears or monies owing to HR and its related companies
(b) In the event that the rental equipment has an electrical or mechanical breakdown and the contract is deemed to be a ‘breakdown service Contract’, HR will be responsible for the repair of the machine by an authorised serviced agent providing:
i. HR is contacted directly via 0800 467 773 and provided with the requested information, including but not limited to equipment make, model, serial number, and detailed description of the fault or issue, to engage an HR authorised service agent to engage to repair the equipment in a fair and reasonable time.
ii. In the event the equipment is un-repairable or is cost prohibitive to repair HR will replace the equipment with the equivalent model number. HR will be responsible for all costs in uninstalling and reinstalling the equipment and all freight charges in relation to delivery and equipment returned.
(c) HR will not be responsible for any costs incurred from equipment as per clause 6 (b) if the renter engages their own service repair contractor without notifying HR in the first instance. These costs will be the full responsibility of the renter.
(d) HR will engage its authorised service agent to attend site within standard business hours of 9.00am – 5.00pm, Monday to Friday, excluding any public holidays. The Renter will give full, proper and safe access to equipment and the services related to equipment, at any time specified by HR or HR authorised service agent.
(e) The Renter will advise HR immediately if equipment performance, output or condition changes. This includes but is not limited to, impact damage, loss of components or accessories, wear and tear issues, unusual smells or sounds.
(f) If HR deems equipment to be within manufacturers express warranty period, HR reserves the right to utilise the manufacturer or importers authorised service agents and repair procedures.
(g) The Renter agrees to pay any cost incurred if they turn away a service agent that has arrived at a pre-arranged time.
(h) In no circumstances whatsoever shall HR be liable for damage, injury or loss of any kind whatsoever to any property or persons or animals or produce or income howsoever caused from fault or defect in the equipment or arising by the way of consequential loss or damage.
(i) The Renter will be responsible for all cost incurred by HR to remedy faults to services, parts and accessories not supplied with equipment including but not limited to electrical flex, plugs, sockets, isolation switches, gas hoses, gas fittings, gas meters, gas isolation valves, drain hoses, drain fittings, water filters, dual check valves, water fittings, water isolation valves, water treatment accessories and building wiring or services.
(j) Where the premises stated on the Rental Agreement is more than 50km from HR nearest authorised service agent then the Renter will incur any expenses related to travel including mileage and travel charges.
(k) HR makes best efforts to attend to all corrective maintenance faults by the end of the next standard business day following the report of fault, it is in no circumstances whatsoever liable for damage, injury or loss of any kind whatsoever to any property or persons or animals or produce or income howsoever caused from fault or defect in the equipment or arising by the way of consequential loss or damage due to delay.
(l) If the fault is deemed by HR to be caused by user error or caused from misuse and is not a fault caused directly by the machine, the Renter will be oncharged the repair invoice. HR will not cover any repairs for misuse, glass & light bulbs.
7) No Breakdown Service Contract
(a) Where HR and the Renter have agreed to a “No breakdown service” contract on either pre-rented or new equipment HR guarantees the full operation of the equipment for 14 days after installation.
In the event the equipment rented is not fully operational within the 14 day period HR is responsible for either:
i. Fully repair the equipment to the satisfaction of the Renter or
ii. The Renter will disconnect the equipment at the Renters cost and have the equipment packed in a suitable manner for the equipment to be collected by HR’s preferred carrier and return to HR’s premises.
iii. All deposits will be fully refundable.
(b) After 14 days of satisfactory use any further and on-going maintenance costs will be the whole responsibility of the renter who may elect to use their own certified service agents.
(c) In the event the Renter is unsatisfied with the equipment’s performance and at the discretion of HR the equipment can be returned to HR, with Renter responsible for all costs including disconnection and freight charges back to HR’s premises.
(d) Providing the rental equipment was returned due to being totally non-operational HR will refund the deposit paid by the Renter less any costs incurred as per clause 6 (b) ii.
(e) The Renter is to advise HR, at the earliest possible time, if repairs are undertaken on equipment.
(a) The renter must at all times ensure that all of the equipment they rent from HR is fully insured against, fire, theft, earthquake and all other risks for the entirety of the rental contract.
(b) All equipment must be insured for full replacement value.
(c) HR has the right to request an up to date insurance certificate with “Hospitality Rentals ltd” listed as an interested party. Failure to provide this certificate within two weeks of a written request from HR will result in the $8 incl gst per week per item penalty being added to your account until a current insurance certificate is provided.
(d) The renter must inform HR immediately if at any time their insurance will no longer be covering the equipment they are renting from HR.
(e) HR is entitled to receive all monies paid to the renter via insurance in relation to claims against equipment owned by HR.
(f) If the Renter fails their obligations to keep equipment insured for any and all damages, they will be liable up to the full replacement value of any and all damages to equipment payable to HR within 7 days of invoice.
9) Personal Property Security Act 1999 (“PPSA”)
(a) Security Interest: The Renter acknowledges that this agreement creates a security interest in the equipment as security under the Renter’s obligations to HR under this agreement, and that this security interest is registered on the Personal Property Security Register.
(b) All costs incurred in maintaining the PPSR registered are covered by the initial Administration fee paid for by the Renter to HR at the completion of each contract.
(c) The Renter must sign and deliver any documents that HR requires to ensure that HR has a perfected first ranking. Security Interest in the equipment under the PPSA.
10) Contractual Terms of Payment
(a) An administration fee which covers full administration and registration of each Rental Agreement will be charged as determined by HR on each Rental Agreement that HR has entered into with the Renter.
(b) Unless otherwise specified, payment of each Rental Agreement for all Equipment listed will be made by instalment pursuant of the Agreement.
(c) HR will require a payment of a Deposit equal to the amount of 12 weekly instalments or otherwise determined by HR and will be required by the Renter prior to processing the Agreement and ordering Equipment.
(d) The Deposit is fully refundable providing the period of rental has been no less than the minimum rental period as set out on the Rental Agreement and 90 days written notice has been given to HR prior to cancellation of the contract.
(e) Deposits paid will be forfeited to HR for any breach of contract including and notwithstanding, default of regular payments and any cost incurred under Clause 5(b) of this contract that exceeds the total value of deposit paid.
(f) In respect of each rental contract arising under this agreement, the term commences on the date of the first instalment as detailed on the Agreement.
(g) The Renters obligation to pay Rentals and other moneys under this Agreement is absolute and unconditional and no withholding deduction or set off for any reason (including because of any counterclaim or otherwise) is permitted. Without limitation, your payment obligations will continue notwithstanding, for any reason, any partial or total failure to operate, defect in, breakdown, unsuitability, loss, theft, destruction, accident or damage to the Equipment or any default referable to the service or maintenance of the Equipment or anything else.
(h) If you are required to make a deduction or withholding from any money paid or payable by the Renter to HR, the Renter will pay such additional amount to HR as may be necessary to ensure that after making that deduction or withholding, HR receives and obtains (free from any liability in respect of any such deduction or withholding) an amount equal to what we would have received and retained had no such deduction or withholding been required or made.
(i) An administration fee may be charged on all overdue amounts in addition to any other charges pursuant to this clause.
(j) All costs incurred by HR as a result of a default by the Renter including, but not limited to, administration charges, debt collection costs and legal costs as between the solicitor, debt collector and Renter are payable by the Renter.
(k) If the renter is failing their payment obligations HR will require the Renter to fill out a Direct debit for all future payments to be used at the discretion of HR. You will be required to complete the direct debit form and supply this to HR within one week of written notice from HR.
11) Late Payments
(a) If any payments or any other amount due is not paid in full on time, the renter is deemed to be in default and we are entitled to recover liquidated damages on the overdue amount which the renter agrees is a genuine pre-estimate of the actual loss that we will suffer as a result of you being late in any payment to us.
(b) For each failure to make a payment in full and on time, the amount of liquidated damages payable will be the greater of $25 or 1.5% per missing instalment until paid in full.
(c) Upon and after termination of this rental, as a separate and independent obligation which survives termination of this rental, you agree to pay any outstanding overdue debts including interest as per clause 11(b). within 14 days notice of termination
(d) When a direct debit authority is in place you agree that HR will have the ability to process payment for any overdue amount via the direct debit. In addition, you agree to reimburse us for the amount that our bankers charge us for your dishonoured payments.
12) Termination Of Contract
The contract may be terminated under this Rental Agreement with immediate effect, and without liability for liquidated damages under clause 11
(a) In the event of the termination hereof by HR, for any reason what so ever excluding the effluxion of time, the Renter shall forthwith pay to HR and by way of ascertained pre-estimated and liquidated damages (which the Renter acknowledges are a genuine pre-estimate of HR’s loss) a sum of money due on the date of termination calculated as follows:
By taking the total contract price remaining (based on the minimum rental contract term as agreed) and adding thereto: all costs and expenses of HR, including legal expenses, repossession costs and all other costs associated with the repossession or attempted repossession of the equipment, or taking any other steps by HR consequent upon any default by the Renter against any provisions in the agreement.
(b) Upon termination of the contract once the minimum rental term has been adhered to by the renter and after 3 months written notice has been given to HR by the Renter, the Renter will return the equipment at the expense of the Renter, back to HR at a place determined by HR, in a clean and fully operational condition. The deposit paid by the Renter to HR will be refunded back to the Renter less any costs incurred by HR to freight the equipment back to the premises of HR or any other place as agreed between HR and the Renter, and any costs incurred to clean and maintain the equipment returned to re-saleable condition.
13) Repossession of Equipment
13.1 Upon the occurrence of any one or more of the events listed in clause 13.2 HR may do either or both of the following:
(a) Without any prior notice (and whether or not HR may subsequently accept any monies paid by the Renter) retake possession of the equipment during standard business hours, and the Renter will co-operate with any such action by HR. If the Renter fails to do so, HR may by its officers or agents enter, where reasonably necessary by force, the premises of the Renter where the equipment is located.
(b) Once agreement is terminated and HR exercise either or both of its rights under this clause 13.1 the balance of the money payable by the Renter under this Agreement, shall immediately become due and payable to HR, subject to such rebate of interest charges as HR may allow under clause 12 (a) & (b) of this Agreement and the Renter shall indemnify HR against any claims arising from the exercise of this right of entry, provided that this right of entry shall not be exercised in unreasonable manner or at an unreasonable time.
13.2 The events are:
- If the Renter defaults in the observance or performance of any provision contained or implied in this
- If distress or execution is levied or issued against the equipment;
- If at any time any judgment of any Court against the Renter remains unsatisfied for more than seven days;
- If any lien is lawfully claimed over the equipment;
- Where the Renter is a private company, if there is a sale, transfer, or other disposition of any of the shares in the consent.
- If the Renter commits or suffers any act of bankruptcy, or (if a company) becomes insolvent;
- If a Receiver is appointed in respect of any assets of the Renter;
- If a resolution is passed for the winding up of the Renter or a petition is presented to the High court seeking an order for the winding up of the Renter;
- If the Renter makes an assignment to or composition with his creditors;
- If in the opinion of HR the Renter is unable to pay or does not pay its debts as they become due and payable.
14) Goods and services tax
(a) Goods and services tax(or any tax instituted in modification thereof or in substitution therefor) payable by HR in relation to any goods or services provided by HR in terms of this agreement or provided by third parties for which the renter is liable to make payment in terms of this agreement shall be passed on to and be payable by the renter.
(b) Any change of GST status shall be immediately notified to HR
15) No Access
If there is an Emergency and the Renter is unable to gain access to the building to fully conduct the Renters business because of reasons of safety of the public or property or the need to prevent reduce or overcome any hazard, harm or loss that may be associated with the emergency then the Renter shall continue to be liable for all rental payments for the full term of the Rental Agreement. This includes;
i. A prohibited or restricted access cordon applying to the premises; or
ii. Restriction on occupation of the premises by any competent authority
iii. National or regional Pandemic.
v. Acts of God.
16) Personal Guarantee of Company Directors or Trustees
If the Renter is a Company or Trust, the Director(s) or Trustee(s) signing this contract, in consideration for HR agreeing to supply Goods and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally guarantee as principal debtors to the HR the payment of any and all moneys now or hereafter owed by the Renter to HR and indemnify HR against non-payment by the Renter. Any personal liability of a signatory hereto shall not exclude the Renter in any way whatsoever from the liabilities and obligations contained in these Terms and Conditions of Trade. The signatories and the Renter shall be jointly and severally liable under these Terms and Conditions of Trade and for payment of all sums due hereunder.