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BETWEEN LANDING ZONE LIMITED
Name or Company Name _________________________________
Name of Guarantor _______________________________________
(to be completed by Directors when hirer is a company or trust)
☑ ID Recorded
☑ Landing Zone
☑ Hirer’s Own
BAILMENT OF CHATTELS
GILLESPIE YOUNG WATSON SOLICITORS
LOWER HUTT AND WELLINGTON
THIS AGREEMENT made the ___ day of ___
1. LANDING ZONE LIMITED at Wellington, New Zealand ("Landing Zone"))
2. ________________________ (the "Hirer")
2. ________________________ (the "Hirer")
A. Landing Zone is the owner of the equipment detailed in Schedule One to this Agreement (the "Chattels").
B. Landing Zone has agreed to lease the Chattels to the Hirer on the terms set out in this Agreement.
IT IS AGREED BY THE PARTIES AS FOLLOWS
1.1 The Hirer shall be responsible for the collection and return of the Chattels to
Wellington/Auckland , New Zealand. Landing Zone may direct the mode of
delivery and the Hirer will at all times bear the risk and cost of delivery.
2. TERMS OF HIRE
2.1 The Hirer is liable for all damage to or loss or destruction of the Chattels from any cause whatsoever.
2.2 The Chattels will be deemed to be free from damage or defects at the time the Hirer takes possession of the Chattels.
2.3 In the case of loss or destruction to the Chattels the Hirer will pay to Landing Zone on demand the full current new replacement cost of the Chattels.
2.4 In the case of damage to the Chattels the Hirer will pay to Landing Zone the cost of repair and a sum (being liquidated damages) equivalent to hireage of the Chattels at the amounts recorded in Schedule Two to this Agreement for the period of repair.
2.5 If in Landing Zone's opinion additional technical checks or internal cleaning are required the Hirer will pay, in addition to the hireage charges, for such work at no cost to Landing Zone.
2.6 The Hirer will at all times retain custody of and ensure that only the Hirer and/or its employees or agents having appropriate qualifications and experience are permitted to use the Chattels.
2.7 The Hirer shall ensure that it and its premises complies with all applicable laws, regulations and safety relating to the operation and use of the Chattels including, but not limited to, all environmental, health and safety laws and regulations.
2.8 The Hirer indemnifies Landing Zone from any claim made by any third party in respect of any damage or loss to any third party whilst the Chattels are located on the Hirer’s premises, during collection and return of the Chattels to and from Wellington/Auckland.
2.9 The Hirer will not sell, transfer, lend, re-hire or otherwise dispose of the Chattels to any other person and will not permit any of the Chattels to be subjected to any lien or security charge.
2.10 The Hirer will not without the prior written consent of Landing Zone subject the chattels to any hazardous assignment or abnormal risk.
2.11 The Hirer will advise Landing Zone at all times of the situation of the Chattels, and will not take the Chattels out of the studios in which they are presently housed without the written consent of Landing Zone.
2.12 The Hirer will not attempt to dismantle, repair, adjust or otherwise interfere with the Chattels and the Hirer will be liable for any damage or defect arising from such interference.
2.13 The Hirer will promptly notify Landing Zone of any damage or defect arising during the hiring and supply details of any incident that occurred during the hiring likely to cause defects or damage.
3.1 The Guarantor, jointly and severally guarantees to Landing Zone, its successor and assigns, payment of all monies owing now or in the future to Landing Zone by the Hirer and the return of the Chattels when required by Landing Zone and do guarantee and warrant the observance by the Hirer of each and every terms as set out under this Agreement.
4. HIRE CHARGES
4.1 Hire charges for the Chattels are set out in Schedule Two to this Agreement.
4.2 The Hirer will pay to Landing Zone such hire charges together with all delivery costs, government duties, taxes and expenses for which Landing Zone may be liable to pay in with the hire of the Chattels.
5. RISK AND INSURANCE
5.1 The Chattels will be at the Hirer's risk from the time the Chattels are collected by the Hirer until the time they are returned and accepted by Landing Zone. Acceptance of Chattels by Landing Zone does not release the Hirer from responsibility for loss, destruction or damage of the Chattels.
5.2 The Chattels must be insured by the Hirer with a reputable insurer and against all risks and otherwise on terms acceptable to Landing Zone. Copies of insurance documents must be delivered to Landing Zone.
5.3 Insurance policies must cover any hire charges incurred while lost, damaged or destroyed Chattels are being repaired, recovered or replaced.
5.4 Landing Zone's acceptance of the Hirer's insurance does not reduce or alter the Hirer's liability under this Agreement.
5.5 Landing Zone must be noted as joint insured (and loss payee) under all insurance policies relating to hire. The Hirer will not:
(a) do anything which may invalidate or prejudice any claim under any policy of insurance on the Chattels;
(b) subject any Chattels to abnormal or hazardous conditions or possible damage.
5.6 Notwithstanding any such insurance cover or the fact that a charge is made for it, the Hirer remains liable to Landing Zone to the extent the insurance cover does not result in payment to Landing Zone in satisfaction of the Hirer's liability under this Agreement.
6.1 Landing Zone may terminate this Agreement immediately if the Hirer is in breach of any clause of this Agreement. Where the breach is capable of remedy, Landing Zone may give the Hirer 48 hour notice to remedy such breach and if not remedied, may immediately terminate this Agreement.
6.2 Upon termination of this Agreement, the Chattels shall be returned to Landing Zone in Auckland/Wellington in accordance with Clauses 1.1 and 2.1 to 2.5 under this Agreement.
7. PERSONAL PROPERTY SECURITIES ACT 1999 ("PPSA")
7.1 The hire of the Chattels pursuant to this Agreement shall comprise a Security Agreement as defined in the PPSA for the purposes of the PPSA. Landing Zone shall retain a Security Interest as defined in the PPSA in the Chattels. Landing Zone and the Hirer agree in terms of section 107 of the PPSA that sections 114(1)(a), of the PPSA shall not apply to the enforcement by Landing Zone of its Security Interest. The Hirer waives any rights it may have under sections 116, 120(2), 121, 125, 126, 127, 129, 133 and 134 of the PPSA upon enforcement. The Hirer waives its right to receipt of a financing statement or financing change statement in the terms of section 148 of the PPSA.
7.2 The Hirer shall not grant a security interest in the Chattels to a third party.
8. LIMITATION OF LIABILITY
8.1 Landing Zone will not be liable to the Hirer in tort including negligence, contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the Chattels.
9.1 Each notice or other communication under this Agreement is to be in writing, is to be made by facsimile, email, personal delivery or by post to the addressee at the facsimile number or email address or address last known to the sender and is to be marked for the attention of the person or office holder designated for the purpose by the addressee to the other party.
9.2 No communication is to be effective until received. However a communication will be deemed to be received by the addressee:
(a) in the case of a facsimile or email on the next day on which trading banks are open for business in Wellington, New Zealand on the day it was despatched or if despatched after 5pm (from the place of receipt) on the next day the trading banks are open for business;
(b) in the case of personal delivery when delivered; and
(c) in the case of a letter on the 5th day after its posting.
9.3 The address of Landing Zone is Level 1, 80 Adelaide Rd, Mt Cook, Wellington 6021. The facsimile number is 04 939 0012. The email address is firstname.lastname@example.org. All and communications are to be marked for the attention of ____________________.
9.4 The address of the Hirer is __________________. The facsimile number is ___________________. The email address is __________________. All communications are to be marked for the attention of
10.1 This Agreement is governed by the laws of New Zealand.
11.1 References to currency in this Agreement are to New Zealand dollars.
12.1 If during the continuance of the hire or at any time thereafter any dispute, difference or question shall arise between Landing Zone and the Hirer in regard to the hire or to the construction of this Agreement or the rights or liabilities of Landing Zone or the Hirer, that dispute, difference or question shall be referred to a sole Arbitrator to be agreed upon by Landing Zone and the Hirer if they can agree upon one and otherwise to two Arbitrators (or to their Umpire in the case of disagreement) one to be appointed by each party and in either case in accordance with the provisions of the Arbitration Act
13. CONTRACTING OUT
13.1 The Agreement contains the whole of the terms of the contract between the parties and all other terms, conditions and warranties which might otherwise have been implied or have any application are hereby to the extent permitted by law expressly excluded.
14. THE PRIVACY ACT
14.1 The Hirer and any guarantor authorised Landing Zone to collect and hold personal information from any source Landing Zone considers appropriate to be used for the purposes of determining credit worthiness, or communicating promotional activities and product information, for debt collection purposes, or for any other related purpose. The Hirer is advised that it has a right of access to any personal information about the Hirer held by Landing Zone, and may request the correction of such personal information.
The Chattels are leased to the Hirer by Landing Zone from …………………….. to …………………….. on the following terms:
Payment of Hireage Charges shall be due in the manner designated by Landing Zone. Payment is due on pickup unless prior arrangement has been made. If payment is not made in a timely manner, interest will accrue from the due date for payment on the amount outstanding at the rate of 2.5% per month. Any amount held due and payable in terms of this Agreement shall be liquidated debt and Landing Zone shall be entitled at any time to commence proceedings against the Hirer for payment of the debt including legal and collection costs incurred by Landing Zone.
Insurance is required by all Hirers. A copy of the Hirer’s Insurance Cover Note must be received on or before the first day of rental, else a 10% insurance charge will apply on the ex GST total rental amount. A $750 excess charge will apply for each claim while equipment is secured under Landing Zone Insurance.
SIGNED by LANDING ZONE LIMITED
by its directors:
Andrew Sclater – Rental Manager
SIGNED for and on behalf of
__________________________ as the Hirer by: …………………………………………..