TERMS & CONDITIONS OF CHRISTCHURCH CITY HIRE
(And Associated Companies)
("Owner") (To be used where the Hirer is not a business)

1. CONDITIONS

1.1 The Conditions of Hire set out below shall apply to all contracts for the hire of goods ('equipment') between the Owner and the person hiring the equipment ('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 hereto

2. CHARGES

2.1 Equipment may be hired for:
(i) the minimum period; or, (ii) daily; or. (Hi) weekly Subject to termination pursuant to clause 5 the hire periods are as delined in Clause 2.2 ('hire period") PROVIDED THAT the Hirer acknowledges and agrees that the Owner may charge extra on an hourly or daily basis for any equipment usage in excess of the
maximum usage time.

2.2 Hire periods with maximum usage time in brackets are:
- "Minimum period" means4 hours (maximum usage 4 hours)
- "Daily" means 24 hours (maximum usage 8 hours)
- "Weekly" means five and a half (5 .5) days (maximum usage 44 hours).

2.3 The hire period begins from the time the equipment leaves the Owner's premises and runs until the equipment is returned or this hire agreement is terminated pursuant to Clause 5.

2.4 The Hirer shall pay as invoiced for the hire period, materials used, delivery/removal costs, excess use charges, damage to or loss of the equipment (including the Owner's insurance excess charges), cleaning costs (if any), default interest for late payment; all charges plus G.S.T. unless otherwise indicated.

3. PAYMENT AND DEFAULT INTEREST

3.1 If applicable, the Hirer will pay a bond to the Owner of not less than the estimated total charge at the time the equipment is hired.

3.2 On return of the equipment, the actual total charges will be calculated and the Hirer will either pay (without deduction or set-off for any reason whatsoever) or be refunded the difference between the bond and the actual total charge.

3.3 If a bond is not required by the Owner, the Customer shall pay in full (subject to Clauses 2.4 and 9.1.6 herein) without deduction or set- off for any reason whatsoever the hire charges on the return of the equipment, or where the Customer is a charge account customer on or before the 20th day of the month following the date of the invoice sent to the Customer for such hire charges.

3.4 Any agreed discount for charge account customers is claimable only if the account is paid by the 20th of the month following the date of the invoice sent to the Customer.

3.5 Without prejudice to the Owners other remedies hereunder or at law or otherwise, if the Customer fails to pay the Owner any money when it is due, then the Owner shall be entitled to charge the Customer penalty interest at the rate of 18% per annum on the balance outstanding from the date the money was due until the date payment is received.

3.6 No credit shall be extended on overdue accounts.

4. DELIVERY AND REMOVAL

4.1 Delivery and removal charges are extra.

4.2 The Hirer hereby authorises the Owner to bring the Owner's vehicle onto the place where the equipment is to be used and to deliver and remove the equipment. The Hirer indemnifies the Owner against any cost, claim, damage, expense incurred or action commenced against the Owner directly or indirectly arising from the Owner delivering or removing the equipment.

4.3 Requests for removal must be made by telephone at completion of hire.

5. OWNER'S RIGHT TO CANCEL

5.1 If the Owner believes the equipment is at risk or that the Hirer is unable or might be unable to pay any hire charge the Owner or its duly authorized agent or representative may take whatever action the Owner considers necessary to retake possession of the equipment. Accordingly, the Hirer grants the Owner an irrevocable right and authority to enter at any time onto any place where the equipment is situated or thought to be situated and to remove the equipment.

5.2 The Hirer shall indemnify and continue to indemnify the Owner in in respect of any claim, action, damage, expense or cost (including full solicitor/client costs) incurred or threatened as a result ot the Owner exercising the powers of this clause or otherwise acting to recover any equipment hired or moneys payable by the Hirer pursuant to this contact.

5.3 In the event that the Owner retakes possession of the equipment or any part thereof pursuant to these Conditions of Hire, no compensation whatsoever will be payable to the Customer.

5.4 The reasonable costs incurred by the Owner in retaking possession of the equipment or any part thereof pursuant to these Conditions of Hire shall be charged to the Customer.

6. RISK

6.1 The equipment shall at all times be at the sole risk of the Customer throughout the hire period and until such time as the equipment has been returned to or collected by the Owner in accordance with these Conditions of Hire.

7. CONDITION AND PURPOSE

7.1 The Customer acknowledges receiving the equipment in good working order, in clean condition and acknowledges it is fit for the purpose for which the Owner lets such equipment on hire.

8. NO ASSIGNMENT

8.1 The Customer cannot transfer or otherwise assign any of its rights or liabilities under these Conditions of Hire to any other person without the prior written approval of the Owner. The Owner may, on giving reasonable notice to the Customer, transfer or otherwise assign any of its rights or liabilities under these Conditions of Hire to any other person.

9. HIRER'S OBLIGATIONS

9.1 The Hirer shall:

9.1.1 take proper and reasonable care of the equipment and return if in good order and condition; and

9.1.2 carry out all necessary servicing, (including by way ot example the supply of all necessary oils, grease and fuel) at the HIRER'S OWN EXPENSE; and

9.1.3 satisfy themselves that the equipment is suitable for their intended use; and

9.1.4 use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment; and

9.1.5 immediately notify the Owner by telephone if the equipment breaks down; and

9.1.6 reimburse the Owner for any damage to or loss of or forfeiture of equipment howsoever arising including (by way of example and not limitation) and loss or damage caused by overloading of electric tools and motors, incorrect electric current, lack of lubrication, blow outs and cuts to tyres, disappearance or theft of equipment, fire, damage in transit, negligence, misuse; and

9.1.7 except as permitted by the Consumer Guarantees Act 1993 not bring or threaten to bring any claim against the Owner for loss or damage incurred or threatened against the Hirer or any other person or arising directly or indirectly from the Hirer's use of the equipment; and

9.1.8 indemnify the Owner against any claim made by any person against the Owner for any damage, expense, claim, demand, action or loss (including any consequential damages or business loss) arising directly or indirectly out of the Hirer's use or possession of the equipment in contravention of the terms of this contract; and

9.1.9 ensure that all couplings, safety devices and fittings are properly connected so that the equipment is safely and securely attached to the transporting vehicle.

9.2 The Hirer warrants that all persons who use the equipment shall be competent and qualified to use the equipment and shall use the equipment in the manner it was designed to be used.

9.3 If the Hirer is not an individual, the person who signs this contract on behalf of the Hirer warrants that she/he has authority to bind the Hirer and will, in any event, be personally liable for the performance of the obligations of the Hirer.

9.4 Where the Customer returns the equipment or any part thereof before the end of the Hire period, or where the Owner retakes possession of the equipment or any part thereof in accordance with these Conditions of Hire, then the Customer agrees that it may be required to pay additional charges to the Owner, including, but not limited to. damages for lost rental opportunity.

10. FAILURE TO RETURN EQUIPMENT

10.1 If the Customer does not return all the equipment to the Owner at the end of the hire period, or if the Owner in exercising its rights, powers and remedies under these Conditions of Hire cannot collect the equipment or any part thereof, then the Customer will be charged extra days' Hire at the Owners thencurrent hire charges for each day. or part of the day, that the equipment, or any part thereof, has not been returned or collected.

11. TITLE AND SECURITY

11.1 The Owner shall retain full title to the equipment notwithstanding:
a) the delivery to or collection of the equipment by the Customer;
b) the possession and use of the equipment by the Customer; and/or
c) any temporary attachment of the equipment to any land or buildings to facilitate the use of the equipment.
Subject only to the rights of the Customer as a mere bailee of the equipment with the right only to use the equipment in accordance with, and under, the terms of these Conditions o! Hire.

11.2 Where the hire period may extend for a term of more than one year, and where such term may amount to a tease for a term of more than one year as defined in Section 16 of the Personal Property Securities Act 1999 (" the PPSA"), then the Customer acknowledges and agrees that the Owner shall acquire a security interest pursuant to the said PPSA over the equipment or any part thereof. The Customer
hereby agrees that the Owner may register a financing statement under the PPSA at any time without the need to execute a separate security agreement. The Customer hereby waves its rights contained in Sections 116, 119, 120{2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

12. NO DEALINGS WITH EQUIPMENT

12.1 The Customer shall not suffer any encumbrance, charge or lien of any kind to arise or remain on the equipment or any part thereof

12.2 The Customer shall not agree, attempt, offer, sell or purport to sell, assign, sublet, lend, pledge, mortgage, bail, lei on hire, convert or otherwise pari with or attempt to part with the possession of the equipment of any part thereof or otherwise deal with or interfere with the rights of ownership of the Owner in the equipment or any part thereof.

13. LEGISLATION

13.1 The Customer shall comply at all times with any applicable legislation, regulations or government directives which may govern the possession and/or use of the equipment. Such legislation will include, but is not limited to the Health and Safety in Employment Act 1992 and any such regulations or directives made under that Act.

14. LIMITATION OF LIABILITY

14.1 Save where the Owner is in breach of a suppliers guarantee in terms of the Consumer Guarantees Act 1993, the Hirer in entering into this contract, acknowledges that in all other circumstances whatsoever the Owner shall not be liable for direct or consequential damage, loss or expense whatsoever and
howsoever arising, whether in contract or in tort (including that resulting from the negligence of the Owner) or arising by operation of law and whether suffered by the Hirer and/or any third party for any amount that exceeds the amount actually paid by the Hirer to the Owner pursuant to this contract 14.2 The Consumer Guarantees Act 1993, The Fair Trading Act 1986 and other statutes may imply warranties
or conditions or impose obligations upon the Owner, which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions, or obligations imposed on the Owner, the Owner's liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

15. COSTS

15.1 The Customer agrees to pay the reasonable costs incurred by the Owner (including any legal costs on a solicitor/client basis or debt collection agency costs) in enforcing or attempting to enforce any of its rights, powers and remedies under these Conditions of Hire.

16. GENERAL

16.1 Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes the plural and vice versa. Persons includes incorporated and unincorporated entities. Words importing one gender include the other. A reference to a clause or sub clause is a reference to a clause
or sub clause hereof. A reference to Owner includes its servants and agents.

16.2 If at any time any provision of this contact is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, neither the legal validity nor enforceability of the remaining provisions hereof shall in any way be affected or impaired thereby to the intent that this contract should be construed as if the provision or part thereof in question has been deleted

16.3 These Conditions of Hire will be governed at all times by the Laws of New Zealand.

17. COLLECTION AND USE OF INFORMATION

17.1 This contract collects personal information about you The information is principally collected to evaluate the hire of goods that you seek. The information is collected and held by the Owner. The failure to provide the information on the front of this contract may result in your application to hire goods being declined or this contract subsequently being terminated by the Owner. The Hirer has rights of access to and correction of personal information contained in this contract, subject to the provisions of the Privacy Act 1993. The Hirer agrees that its personal information may be used by the Owner to advise the Hirer of the Owner's other goods and services. The Hirer authorises the disclosure of personal information held by any other party regarding any previous hire agreements entered into by the Hirer.

17.2 The Hirer agrees that any information which it may provide to the Owner may be collected, retained or used for the purpose of assessing the Customer's creditworthiness. The Customer hereby authorises the owner to disclose any such information obtained to any person for the purpose set out in this Clause.

17.3 The Hirer hereby authorises the Owner to disclose any information to any person(s) for the purpose of the Owner enforcing or attempting to enforce any of its rights, powers and remedies under these