1. Definitions (a) “We”, “us” or “our” means Machine Lease Ltd or any other associated division or company. (b) “Lessee”,“You” or “Your” means the person entering into the contract and where the lessee is entering into this contract on behalf of another entity, includes such entity. (c) “Equipment” means any plant, machinery and/or vehicle supplied as part of the agreement. (d) “Lease Charges” means all lease charges only. GST, fuel, cleaning, servicing, cartage, insurance, saleable and consumable items are not include unless otherwise stated in the Lease Agreement. (e) “Amount Owing” means the Lease Charges plus any costs, expenses, penalties for which you are liable to pay us.
2. General Conditions (a) All goods are supplied on the basis of the terms an conditions set out below and upon receipt of a signed lease agreement. (b) These terms may be amended by us from time to time. Any amended changes will be made available on our web site. (c) Any notice provided by us to you in relation to amendments of these terms and conditions and/or amendments to the lease agreement shall be deemed delivered and received by you five working days after being posted and/or emailed to your last known address. (d) You shall advise us of any alteration of your legal entity or structure and/or any revocation of an agent's authority to purchase / lease. Until such written confirmation is receipted by us, you shall remain liable for any amount owing and our conduct shall not be deemed acceptance or confirmation of any assignment or revocation. (e) These terms are to be read subject to relevant statutory provisions having effect in New Zealand that by law cannot be excluded, restricted or modified. Each term is severable and independent of each other and any such term which is consistent with that legislation shall be null and void to the extent (and no further) of such inconsistencies. The remaining provisions shall not be affected, prejudice or impaired.
3. Lease Period and Rate (a) The Lease commences from the date shown on the Lease Agreement until the equipment is returned at the agreed end date. Machine Lease shall not be adversely affected financially by the late collection of the Item. (b) Risk of the equipment shall pass to the Lessor at the commencement of the Lease. All equipment is used at your risk. (c) The equipment is leased at the rate detailed in the Lease agreement and any variation of this rate is at the sole discretion of Machine Lease. (d) Conditions which prevent satisfactory operation of the equipment do not relieve you of your responsibility of the Lease charges.
4. Delivery and Collection of Equipment (a) All delivery and/or collection charges shall be borne by you unless otherwise stated within the Lease agreement. (b) By agreeing to delivery and/or collection of the equipment, you authorise us to bring a suitable vehicle onto your property or the property where the equipment is located. We shall not be responsible to you or any third party for any damage that may be caused by the vehicle during the delivery and/or collection process. The Lessee shall ensure that there will be a suitable point on the property to unload equipment. (c) Requests for delivery must be agreed prior to signing the new lease. Collection can be advised by either emailing or telephone with the cost to be added to the final payment.
5. Care of Equipment (a) You shall determine, using sole judgement, that the equipment is suitable for the work intended. (b) You shall ensure that the equipment is operated by persons who are suitably qualified, will operate in a proper manner and for the purpose and capacity for which it was designed. (c) You shall be responsible for the daily checking of, fuel, lubricants, oils, water, compliance, greasing and any such general maintenance as recommended by the manufacturer. (d) Breakdowns as a result of negligence or misuse shall not in any circumstances shorten the Lease period (e) You shall be responsible for any loss, theft, damage, destruction of equipment during the Lease period. Any equipment lost, stolen or damaged beyond repair shall be paid for by the Lessor at the regular replacement price. All damage to equipment must be reported to the owner by telephone or email within 24 hours. (f) You agree to maintain insurance on the equipment for the duration of the lease unless otherwise agreed in writing (g) You agree to return the equipment in good condition with fair ware and tare only. (h) Tyre or track replacement, tyre or track damage and punctures are the Lessee's responsibility unless otherwise stated in the lease agreement
6. Ownership, Right to Possession and Personal Properties Securities Act 1999 (PPSA) (a) Any Equipment leased to you by Machine Lease will remain the property of Machine Lease and Machine Lease will register a financing security for the equipment over the Lessee to be recorded on the Personal Properties Securities Register (PPSR). (b) Whilst in your possession you shall keep the equipment fully insured in our name against all risks of every usual description and such other risks that we may advise from time to time. (c) You shall not attempt to sell, mortgage, lend or otherwise deal with or part with possession or control of our equipment or any part there of. (d) You shall not alter or make any additions to the equipment including, but not limited to, deface or erase identifying marks, plates, numbers or any part there of and permit us to inspect the equipment as required.
7. Privacy Act Consent and Rights (a) Where you are an individual, you understand this information is being collected in accordance with the Privacy Act 1993 and you have the rights of access to and correction of personal information held by us. You agree and authorise us to obtain or divulge any information about you (including adverse information) from or to any third party in the course of our business activities. (b) You acknowledge that all information provided to us has been collected in accordance with the principles of the Privacy Act 1993 and that any third party has been authorised to use or disclose any personal information in any way deemed necessary by us for the purpose of carrying out our due diligence.
8. Payment Terms (a) Unless otherwise agreed by us in writing, payment will be due 20th of each month and you may need to provide evidence of an automatic payment facility from your bank. (b) Any deposit required by us will be paid immediately and in full on completion of the Lease Agreement. (c) At our discretion, interest of 16% per annum charged on a daily basis may be applied on over due accounts calculated daily.
9. Liability (a) All advice and information in whatever form it has been given is given gratuitously and without liability. No guarantees, warranties, representations or agreements made on our behalf shall be binding on us unless agreed it writing. (b) We are not liable to you or any 3rd party for any loss or liability as a result of a mechanical failure of the equipment. (c) You shall indemnify us for any loss incurred as a result of you breaching these terms. You will also indemnify us against any 3rd party claims in respect to any loss, injury or liability arising from this lease or arising out of the use of the equipment by you. (d) To the maximum extent permitted, we shall not be liable to you or any employee for: (I) Any minor variation in product specifications including but not limited to colour or design. (II) Any loss of profits, consequential, indirect or special loss. (III) Any damage, injury, cost or loss of any kind arising directly or indirectly from any breach of our obligations to you. (e) Any statuary claim, parking infringement, speed related infringement, compliance infringement made against the equipment whilst in your possession is your responsibility.
10. Disputes (a) All disputed invoices / accounts must be notified within 7 working days of receipt (b) The parties shall attempt, in good faith, to negotiate and settle any dispute between them. If the parties cannot resolve the dispute it may be referred to mediation.
11. Consumer Guarantees Act 1993 (a) Nothing in these terms of trade excludes, limits, restricts or is intended to derogate from any right or remedy which you may have pursuant to the Consumers Guarantees Act 1993