Terms & Conditions For Building & Construction

SUPER LOO SANITATION LTD – TERMS & CONDITIONS OF HIRE

1. DEFINITIONS
1.1 In this agreement the following definitions shall apply:
“Conditions” means these terms and conditions of hire as amended from time to time;
“Contract” means these Conditions together with any other documents recording the agreement for the hire of Equipment by the Hirer from Super Loo;
“Damage Protection Cover” means Super Loo’s insurance cover for damage to the Equipment while under hire to the Hirer;
“Due Date” means the 20th day of the month following the date of an invoice to the Hirer;
“Equipment” means any goods hired from Super Loo by the Hirer;
“End Date” means the date on which the Hire Period ends as specified in the Contract;
“Hirer” means the person(s) or company hiring the Equipment.
“Hire Charges” means the amount invoiced to the Hirer for the Hire Period together with any applicable loss, damage or waiver charges, delivery or removal costs, cleaning costs, any default interest for late payment and any other charges payable in accordance with the Contract;
“Hire Period” means the period of hire specified in the relevant Hire Schedule or as provided by the terms of the Contract;
“Including” means including without limitation;
“PPSA” means the Personal Property Securities Act 1999; and
“Site” means any and each site at which Equipment hired from Super Loo is situated.

2. HIRE CHARGES
2.1 The Hire Period for each piece of Equipment begins on the date of its delivery to the relevant Site and runs until the End Date, unless otherwise terminated in accordance with the Contract. The Hirer agrees that Super Loo may charge additional hire charges where the Hirer retains possession of the Equipment past the End Date. The Hirer shall not be entitled to a refund or reduced hire charge if the Hirer chooses to return the Equipment to Super Loo before the End Date.
2.2 The Hirer shall pay the Hire Charges by the Due Date and if requested by Super Loo the Hirer agrees to pay the Hire Charges by direct debit authority. If payment is received by Super Loo from the Hirer with no invoice reference, Super Loo reserves the right to apply such payment to the oldest invoice outstanding and shall not be obliged to reallocate payment should invoice details be subsequently provided. If the Hirer has any overdue account, Super Loo reserves the right to suspend credit and require full payment immediately.
2.3 The Hirer must make all payments due under the Contract without set-off or deduction of any kind. Hire Charges are exclusive of GST unless otherwise indicated and the Hirer shall be required to pay the Hire Charges plus GST. Super Loo may review and amend the Hire Charges from time to time by notifying the Hirer in writing.

3. DEFAULT AND INTEREST
3.1 Without prejudice to Super Loo’s other rights and remedies under the Contract, the Hirer will pay default interest at the rate of 2% per calendar month on all outstanding amounts due to Super Loo under the Contract from the Due Date until all monies have been paid in full.
3.2 The Hirer shall be liable for all costs and expenses incurred by Super Loo in recovering money due from the Hirer under the Contract or in connection with the pursuit of any of Super Loo’s rights or remedies under the Contract, including collection fees, commissions and legal costs on a solicitor/client basis.

4. DELIVERY AND REMOVAL OF EQUIPMENT
4.1 Delivery and removal charges for the Equipment are payable by the Hirer in addition to the hireage costs and form part of the Hire Charges, unless otherwise agreed in writing between the parties. All delivery and removal charges will be set out in the Hirer’s invoice.
4.2 The Hirer authorises Super Loo to deliver the Equipment to the address provided for delivery and grants Super Loo, or will procure that Super Loo is granted, an irrevocable right and authority to enter at any time onto any place where the Equipment is situated or thought to be situated to remove the Equipment in the event that the Contract is terminated or the goods are “at risk” as defined in the PPSA. The Hirer indemnifies Super Loo against any cost, claim, damage, expense or liability suffered or incurred by Super Loo whether arising directly or indirectly from Super Loo’s actions to deliver or remove the Equipment at any time.
4.3 At the End Date, the Hirer must telephone Super Loo’s depot where the Equipment was hired from and request the removal of the Equipment.

5. SUPER LOO’S RIGHT TO CANCEL
5.1 Super Loo may terminate the Contract by notice with immediate effect at Super Loo’s sole discretion and retrieve the Equipment from wherever it may be located without delay.
5.2 Super Loo may terminate the Contract by notice with immediate effect where Super Loo believes the Equipment to be “at risk” for any reason whatsoever including the manner of its use by the Hirer, adverse weather or work conditions, or that Super Loo considers that the Hirer is unable to, or might be unable to, pay the Hire Charges.
5.3 Super Loo may terminate the Contract by notice with immediate effect if any step is taken to appoint a receiver, manager, trustee in bankruptcy, liquidator, provisional liquidator, enter into a composition with its creditors, appoint an administrator or other like person of the whole or any part of the Hirer’s assets or business.
5.4 Upon termination of the Contract by either party, the Hirer shall do all things necessary to enable Super Loo to immediately retrieve the Equipment provided under the Contract if required. This may include but is not limited to providing Super Loo with the current location details of the Equipment, providing Super Loo with access to any sites where the Equipment may be located and providing Super Loo with any other assistance that may be required to enable Super Loo to retrieve the Equipment without delay. The Hirer grants Super Loo, or will procure that Super Loo is granted, an irrevocable right and authority to enter at any time onto any place where the Equipment is situated or thought to be situated to remove the Equipment. The Hirer indemnifies Super Loo against any cost, claim, damage, expense or liability suffered or incurred by Super Loo whether arising directly or indirectly from Super Loo’s actions to: Retrieve any Equipment hired at any time, from any place; Exercise its other rights upon termination; or Recover any monies payable by the Hirer pursuant to the Contract.
5.5 Super Loo will not be liable to the Hirer or any other person for any loss suffered or liability incurred arising from termination of the Contract or repossession of the Equipment.
5.6 Cancellation of the Contract by Super Loo is without prejudice to any rights that Super Loo may have under this Contract.

6. NO ASSIGNMENT
6.1 The Contract is personal to the Hirer and is not capable of assignment whether in whole or in part by the Hirer. The Hirer shall not sublease, assign, hire or otherwise release possession of the equipment to any other person provided that this clause shall not prevent Employees of the Hirer using the equipment in conformity with these Conditions.

7. HIRER’S OBLIGATION
7.1 Subject to Clause 10, the Hirer is responsible for any loss or damage to the Equipment from the time the Hirer takes possession of the Equipment until it is returned to Super Loo’s possession. The Hirer shall notify Super Loo in writing immediately if the Equipment is lost or damaged and shall follow all reasonable instructions of Super Loo.
7.2 In the case of damage to the Equipment however caused, the Hirer shall be responsible for and shall indemnify Super Loo for the full cost of all repairs to restore the Equipment to the condition it was in at the commencement of the relevant Hire Period.
7.3 In the case of loss of or irreparable damage to the Equipment however caused, the Hirer shall be responsible for and shall indemnify Super Loo for the full cost to Super Loo of replacing the Equipment.
7.4 In addition to the costs set out in this clause, the Hirer shall be responsible for and shall indemnify Super Loo for any loss of revenue suffered by Super Loo due the unavailability of the Equipment for hire due to loss or damage of any Equipment. The costs for lost revenue shall not exceed the equivalent prevailing rate for 120 days hire of the Equipment.
7.5 The Hirer shall:
(a) Take proper and reasonable care of the Equipment, return it to the place of hire (unless otherwise specified in the Contract) in good order and condition;
(b) Satisfy itself that the Equipment is suitable for the intended use;
(c) Use the Equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such Equipment; and
(d) Immediately notify Super Loo by telephone if the equipment ceases to be fit for its intended use.
7.6 The Hirer warrants that all persons who use the Equipment shall use the Equipment in the manner it was designed to be used, follow any directions from Super Loo, local authorities, codes of practice or from the manufacturer of the Equipment relating to the use and safety of the Equipment and shall comply with all obligations in relation to the use and control of the Equipment and the person using the Equipment under the Health and Safety at work Act 2015, as amended or replaced and all other relevant legislation.

8. HEALTH AND SAFETY
8.1 The Hirer will ensure the safety of Super Loo’s staff and contractors on their Sites. This includes identifying any significant hazards, putting in place control measures and developing procedures for potential emergencies. The Hirer will inform Super Loo’s staff and contractors about health and safety issues and any health and safety procedures on their Site.
8.2 Super Loo shall ensure that its staff and contractors comply with the Hirer’s and Super Loo’s health and safety rules, policies and guidelines and follow any reasonable instructions of the Hirer regarding the Site and the delivery and removal of Equipment from the Site.
8.3 Super Loo shall:
(a) ensure that its staff and contractors wear a High Visibility vest at all times on any Site;
(b) provide a copy of its health and safety programme to the Hirer upon request;
(c) attend safety training sessions as reasonably requested by the Hirer (at the cost of the Hirer);
(d) complete any accident, incident or Occupational Health and Safety reports as reasonably required by the Hirer;
(e) as reasonably required by the Hirer, co-operate with and assist the Hirer in carrying out any investigations relating to incidents causing personal injury at the Site; and
(f) ensure that all its vehicles are parked within the Site or on a public roadway.

9. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)
9.1 All terms in this clause have the meanings given in the PPSA and the definitions section of the Conditions, with the PPSA to prevail in the event of any conflict. Section references in this clause are to sections of the PPSA.
9.2 The Hirer acknowledges that title to the Equipment remains with Super Loo at all times. Any hire term exceeding 12 months and any indefinite hire of Equipment shall create a security interest in the Equipment as defined in the PPSA.
9.3 On the request of Super Loo, the Hirer shall promptly execute any documents, provide all necessary information and do anything else required by Super Loo to ensure that a security interest created under the Contract (including these Conditions) constitutes a perfected security interest in the equipment and their proceeds which will have priority over all other security interests in the equipment. This may include but is not limited to enabling Super Loo to register any security interest it may have in the Equipment on the PPSR by filing a financing statement and paying any fees and expenses incurred by Super Loo in relation that registration.
9.4 The Hirer waives its rights under sections 114(1) (a), 116, 117, 119, 120(2), 121, 125, 129, 131, 132, 133, 134 and 148 of the PPSA.

10. INSURANCE – DAMAGE PROTECTION COVER
10.1 Unless written confirmation of suitable insurance cover is provided by the Hirer to the satisfaction of Super Loo prior to taking possession of the Equipment, the Hirer shall pay a Damage Protection Cover fee of $2.50 plus GST per week of hire per unit hired.
10.2 If the Hirer has paid the Damage Protection Cover fee, Super Loo may, in its absolute discretion, waive the Hirer’s liability for any damage to or loss of the Equipment where Super Loo has made a successful insurance claim to cover any such damage or loss. Where such loss or damage is not covered by the Hirers or Super Loo’s insurance policy due to the acts or omissions of the Hirer or otherwise, the Hirer shall be liable for the damage and or loss in accordance with Clause 7.
10.3 For the avoidance of doubt the Hirer acknowledges that the Damage Protection Cover will not cover damage, injury or loss due to mysterious disappearance, loss or damage resulting from negligent acts or omissions of the Hirer, earthquake and war damage, panel damage, or any other loss or damage not accepted by Super Loo’s insurers.
10.4 Special conditions or exclusions to the Damage Protection Cover may apply depending on the nature or location of the Hirer’s use of the Equipment and these details shall be notified to Super Loo prior to the Equipment leaving Super Loo’s premises. In particular, Damage Protection Cover does not apply for hire of Equipment used below the high tide mark or offshore, either within or outside New Zealand’s territorial waters. In these instances, the Hirer is 100% responsible for any damage or loss arising regardless of whether the Damage Protection Cover fee has been paid or not.
10.5 The Hirer agrees to pay any insurance excess charges incurred in relation to their hire of Equipment under the Contract. Any excess charges are subject to a minimum charge of $500.00 plus GST for any one item of Equipment.

11. LIMITATION OF LIABILITY
11.1 The Hirer acknowledges that Super Loo has no liability to the Hirer for any indirect or consequential loss or damage or for any loss of profit or any other form of economic loss arising in connection with the Contract whether in contract or in tort, including any loss resulting from the negligence of Super Loo or arising by operation of law.
11.2 Subject to the exclusion of liability above, the maximum aggregate liability of Super Loo for all claims made by the Hirer, whether as a result of any breach of the Contract or on any other ground or terms whatsoever (including liability as a result of any tort, including negligence) will not exceed the sum of $1,000.
11.3 The Hirer shall indemnify Super Loo against any liability, losses, damages or expenses incurred or suffered by Super Loo as a result of any claim made by a third person against Super Loo in respect of any loss or liability arising from the Contract or arising out of the use of the Equipment hired by the Hirer.

12. DISPUTE RESOLUTION
12.1 In the event of a dispute, the Hirer shall first attempt to resolve the matter by negotiating directly with Super Loo and if unsuccessful by mediation with an agreed mediator prior to any formal court action being commenced. Super Loo may in its sole discretion elect to commence formal proceedings to enforce its rights under the Contract or resolve any dispute at any time and shall not be bound to participate in any alternative dispute resolution with the Hirer unless it chooses to do so.

13. GENERAL
13.1 The parties agree that they are both in trade and that nothing in the Consumer Guarantees Act 1993 shall apply to this agreement.
13.2 Headings are inserted for convenience and shall not affect the interpretation of the Contract. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words implying one gender include the other. A reference to a clause or sub clause is a reference to a clause or sub clause in the Contract. A reference to Super Loo or Hirer includes its servants and agents.
13.3 If at any time any provision of the Contract 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 of the Contract shall in any way be affected or impaired and the Contract should be construed as if the offending provision has been deleted.
13.4 In the event of conflict with other provisions of the Contract, the Conditions shall prevail except that Super Loo may elect, in its sole discretion, to accept a conflicting provision of the Contract over a provision in these Conditions on a case by case basis. No delay or failure by Super Loo to act or insist on any right under the Contract shall be regarded as a waiver and every right remains enforceable and may be exercised by Super Loo at any time.

Terms & Conditions For Events, Weddings & Functions

SUPER LOO SANITATION LTD – TERMS & CONDITIONS OF HIRE – EVENTS

1. DEFINITIONS
1.1 In this agreement the following definitions shall apply:
“Conditions” means these terms and conditions of hire as amended from time to time;
“Contract” means these Conditions together with any other documents recording the agreement for the hire of Equipment by the Hirer from Super Loo;
“Equipment” means any goods hired from Super Loo by the Hirer;
“End Date” means the date on which the Hire Period ends as specified in the Contract;
“Hirer” means the person(s) or company hiring the Equipment;
“Hire Charges” means the amount invoiced to the Hirer for the Hire Period together with any applicable loss, damage or waiver charges, delivery or removal costs, cleaning costs, any default interest for late payment and any other charges payable in accordance with the Contract;
“Hire Period” means the period of hire specified in the relevant Hire Schedule or as provided by the terms of the Contract;
“Including” means including without limitation;
“PPSA” means the Personal Property Securities Act 1999; and
“Site” means any and each site at which Equipment hired from Super Loo is situated.

Payment terms. Cash customers, full payment 7 days prior to the event is required. Credit customers, a 30% deposit on acceptance of each Contract together with a further 30% deposit payable 7 days prior to the event. The balance of 40% of the Contract is payable 7 days after the event.

Cancellation of Contract. The Hirer agrees that due to Super Loo’s requirement to allocate stock and resources to the event, no refund shall apply if an event is cancelled. The Hirer shall arrange its own insurance cover for any loss of deposits.

2.2 If payment is received by Super Loo from the Hirer with no invoice reference, Super Loo reserves the right to apply such payment to the oldest invoice outstanding and shall not be obliged to reallocate payment should invoice details be subsequently provided. If the Hirer has any overdue account, Super Loo reserves the right to suspend credit and require full payment immediately.

2.3 The Hirer must make all payments due under the Contract without set-off or deduction of any kind. Hire Charges are exclusive of GST unless otherwise indicated and the Hirer shall be required to pay the Hire Charges plus GST. Super Loo may review and amend the Hire Charges from time to time by notifying the Hirer in writing.

3.2 The Hirer shall be liable for all costs and expenses incurred by Super Loo in recovering money due from the Hirer under the Contract or in connection with the pursuit of any of Super Loo’s rights or remedies under the Contract, including collection fees, commissions and legal costs on a solicitor/client basis.

7. HIRER’S OBLIGATION
7.1 The Hirer shall notify Super Loo in writing immediately if the Equipment is lost or damaged and shall follow all reasonable instructions of Super Loo.
7.2 The Hirer shall be responsible for and shall indemnify Super Loo for any loss of revenue suffered by Super Loo due the unavailability of the Equipment for hire due to loss or damage of any Equipment. The costs for lost revenue shall not exceed the equivalent prevailing rate for 120 days hire of the Equipment.
7.3 The Hirer shall:
(a) Take proper and reasonable care of the Equipment, return it to the place of hire (unless otherwise specified in the Contract) in good order and condition;
(b) Satisfy itself that the Equipment is suitable for the intended use;
(c) Use the Equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such Equipment; and
(d) Immediately notify Super Loo by telephone if the equipment ceases to be fit for its intended use.
7.4 The Hirer warrants that all persons who use the Equipment shall use the Equipment in the manner it was designed to be used, follow any directions from Super Loo, local authorities, codes of practice or from the manufacturer of the Equipment relating to the use and safety of the Equipment and shall comply with all obligations in relation to the use and control of the Equipment and the person using the Equipment under the Health and Safety at work Act 2015, as amended or replaced and all other relevant legislation.

10. INSURANCE
10.1 Loss or damage to the Equipment is covered by Super Loo’s insurance policy. In the event of any loss or damage the Hirer agrees to pay any excess charges incurred by Super Loo in relation to the Equipment. All insurance claims under Super Loo’s insurance policy are subject to a minimum excess charge of $1000.00 plus GST per claim.

11. LIMITATION OF LIABILITY
11.1 The Hirer acknowledges that Super Loo has no liability to the Hirer for any indirect or consequential loss or damage or for any loss of profit or any other form of economic loss arising in connection with the Contract whether in contract or in tort, including any loss resulting from the negligence of Super Loo or arising by operation of law.
11.2 Subject to the exclusion of liability above, the maximum aggregate liability of Super Loo for all claims made by the Hirer, whether as a result of any breach of the Contract or on any other ground or terms whatsoever (including liability as a result of any tort, including negligence) will not exceed the sum of $1000.00.
11.3 The Hirer shall indemnify Super Loo against any liability, losses, damages or expenses incurred or suffered by Super Loo as a result of any claim made by a third person against Super Loo in respect of any loss or liability arising from the Contract or arising out of the use of the Equipment hired by the Hirer.