Terms & Conditions of Hire

Auckland Health Services

1. Definitions

“AHS” means Auckland Health Services Limited or its agents and employees.
“Equipment” means all equipment supplied by AHS to the Hirer, including consumables, accessories, parts and tools supplied to the
Hirer.
“Hire Agreement” means the “Equipment Hire Agreement” set out above.
“Hire Charge” means the hire charges set out in the Hire Agreement.
“Hire Period” means the period between the Hire Start Date and date that the Equipment is returned to AHS’ premises or this Hire
Agreement is terminated (whichever is earlier).
“Hirer” means the Hirer named in the Hire Agreement.
“Property” means the location of the Equipment as specified in the Hire Agreement.

2. Hire Period

2.1 AHS may in its absolute discretion decline to hire equipment to the Hirer at any time.
2.2 All Equipment is used at the Hirer’s risk and risk shall pass to the Hirer upon the commencement of the Hire Period until the end
of the Hire Period.

3. Delivery and Collection of Equipment

3.1 Where AHS agree to deliver and collect the Equipment:
(a) the Hirer authorises AHS to enter the Property to deliver and/or recover the Equipment at the end of Hire Period; and
(b) requests for collection must be made by telephone when the Hirer has finished with the Equipment. The Hirer must give AHS 3
working days’ notice to allow AHS to collect the Equipment within AHS’ normal trading hours.

4. Care of Equipment

4.1 The hirer must notify us within 24 hours of delivery if the equipment hired is not in expected working order. After this time, the
equipment is otherwise assumed to be in good working order and condition. In order to repair or replace the equipment it will need
to be collected and tested and confirmed that it is not in a working order by AHS.
4.2 The Hirer acknowledges that the Equipment may not be new but all Equipment will be clean and in good working order for
normal use as at the commencement of the Hire Period.
4.3 The Hirer must:
(a) not remove the Equipment from the Property except as part of the ordinary use of such Equipment;
(b) satisfy itself that the Equipment is suitable and in a condition for its purposes;
(c) ensure that the Equipment is operated:
(i) in accordance with the instructions provided by AHS; and
(ii) only for the purpose for which it was designed;
(d) at the Hirer’s expense, clean, maintain, keep and return the Equipment in good and substantial repair and condition, failing
which AHS may charge the Hirer to reinstate the Equipment to its original condition at the time of commencement of the Hire Period;
(e) immediately notify AHS of any breakdown, damage, destruction, theft or loss of the Equipment and assist AHS’ enquiries in
regards to the same (including filing a Police report). Breakdowns or damage resulting from negligence or misuse shall not in any
circumstances shorten the Hire Period; and
(f) be liable for any loss, theft, damage or destruction of any Equipment during the Hire Period.

5. Ownership of Equipment

5.1 All Equipment shall remain AHS’ property.
5.2 Whilst the Equipment is in the Hirer’s possession, the Hirer shall:
(a) not tamper with, damage or repair the Equipment;
(b) not attempt to sell, assign, mortgage, lend or otherwise deal with or part with the possession or control of the Equipment or any
part thereof;
(c) not alter or make any additions to the Equipment; and
(d) permit AHS or its agents at any time without notice to enter the Property and any premises at which AHS believes on reasonable
grounds the Equipment to be stored, to inspect, remove, or repossess the Equipment.

6. Cancellation

6.1 If the Hirer:(a) breaches this Hire Agreement;
then AHS may:
(b) terminate the Hire Agreement;
(c) recover the Equipment (and the Hirer authorises AHS to enter the Property or any other premises where the Equipment is
located to remove and repossess the Equipment),
and AHS shall not be liable to the Hirer for any loss resulting from such termination.
6.2 If, at the end of the Hire Period, any item of Equipment is not returned to AHS, or is returned to AHS in a damaged state, the
Hirer shall pay AHS:
(a) $1,500 for a wheelchair; or
(b) $350 for any other item of Equipment.
(c) Any expenses, disbursements and legal costs incurred by AHS in recovering possession of the Equipment and in the
enforcement of any rights contained in this Hire Agreement shall be paid by the Hirer, including any reasonable solicitor’s fees or
debt collection agency fees.
(d) Commence proceedings to recover all monies owing by the Hirer;

7. Liability

7.1 To the maximum extent permitted by law, AHS shall be under no liability whatsoever to the Hirer for any indirect loss and/ or
expense (including loss of profit) suffered by the Hirer arising out of a breach by AHS of this Hire Agreement (provided that this
clause does not affect any rights the Hirer may have under any applicable consumer law legislation).
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8. No Warranties

8.1 AHS expressly excludes all warranties and conditions to the fullest extent possible by law as to the state, quality, fitness for
purpose of the Equipment and should AHS breach any of this Hire Agreement, or warranty, AHS’ only liability shall be limited to
supplying the Equipment again to the Hirer or otherwise repairing the Equipment, provided that this clause does not affect any rights
that the Hirer may have under any applicable consumer law legislation.

9. Privacy Act 1993

9.1 The Hirer authorises AHS to collect, retain, disclose to any person and use any information about the Hirer, for the purpose of
assessing the Hirer’s creditworthiness, enforcing any rights under this Hire Agreement or marketing the Equipment provided by AHS
to any other party. The Hirer has the right to access personal information (as defined in the Privacy Act) held by AHS and request
corrections of any errors in that information.

10. General

10.1 If any of the terms and conditions is held by a Court to be ineffective by virtue of non-registration, illegality or otherwise, then
such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other
conditions or part of them.
10.2 The law of New Zealand shall govern all contracts and the Hirer submits to the exclusive jurisdiction of the New Zealand
courts.
10.3 AHS may license or sub-contract all or any part of its rights and obligations without the Hirer’s consent.
10.4 AHS is entitled at any time to assign to any other person all or part of the debt owing by the Hirer to AHS without the prior
consent of the Hirer.
10.5 AHS shall not be liable for delay or failure to perform AHS’ obligations under this Hire Agreement if the cause of the delay or
failure is beyond its control.