Hire & Sales Trade Contract Terms and&RQGLWLRQV ³7UDGH&RQGLWLRQV´

to clause 4, or the Contract is terminated pursuant
to clause 5.

1. TRADE CONDITIONS

2.4 The Hirer shall pay as invoiced for the following
charges: (a) the hire charges for the hire period of
all equipment used; (b) a bond of 150% of theestimated total charges (if applicable) (see clause
3.2 below);(c) delivery/removal
charges; (d) excess use charges (if applicable); (e)any damage to or loss of the equipment (ifapplicable); (f) cleaning fees (if applicable); (g)default interest for late payment and solicitor/client
costs of recovery (if applicable); (h) labour charges(if applicable); (i) maintenance and repair costs; (j)fuel usage

1.1 The Trade Conditions set out below shall apply
to and are incorporated into any contract for the hire
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between UNIVERSAL HIRE LTD WKH³2ZQHU´ DQG
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1.2 These Trade Conditions are intended to apply
only where the Hirer is in trade (within the meaningof the Consumer Guarantees Act 1993) and theequipment is supplied to the Hirer and acquired by
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purposes of the Fair-Trading Act 1986 and/or the&RQVXPHU*XDUDQWHHV$FW ³&*$´ WKHVH
Trade Conditions will not apply and the
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1.3 The Owner reserves the right to change these
Trade Conditions without notice. Any amended
Trade Conditions will be placed on UNIVERSALHIRE website (www.canterburyhire.nz) and shallapply with effect from the date they are placed on
the website unless the amended Trade Conditions
specify a later date from which they are to apply.
1.4 It is not intended that any Contract will be either
a consumer credit contract or a consumer lease forthe purposes of the Credit Contracts and Consumer
Finance Act 2003.
2. HIRE CHARGES
2.1 Equipment may be hired for: a) Daily; b)
Weekly; c) Monthly; or d) as otherwise agreed to inwriting. The Hirer agrees that the Owner may
charge extra on a pro rata basis for any equipment
usage in excess of the agreed hire periods or the
maximum usage times (in the case of meteredequipment) as set out in clause 2.2 or otherwise
agreed to in writing. Certain equipment may carryminimum hiring periods. The Hirer shall not be
entitled to a refund or reduced hire charge if the
Hirer chooses to return the equipment to the Owner
before the end of the agreed hire period.
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if pick up on the 1st of a month, return is to be by
4.00pm on the 28th of the month (maximum usage
time 140 hours).
2.3 The hire period begins from the time the
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until the equipment is either returned to the Ownerat the place of hire, removed by the Owner pursuant

2.5 If the Weekly charge rate is less than theaccumulated Daily charge rate over the same hire
period, the Weekly charge rate will apply.
2.6 Cleaning fees will be assessed and charged if
the Hirer returns equipment that the Owner deems(in its sole discretion) to be excessively dirty. (at arate up to but not greater than $125 per hour)
3. PAYMENT AND DEFAULT INTEREST
3.1 All charges will specify whether they areinclusive or exclusive of GST and the Contract
Details will set out the charges and applicable GST
payable by the Hirer.
3.2 For hire of equipment, unless the Hirer has acredit account with the Owner: (a) the Hirer will be
required to pay a bond of 150% of the estimatedtotal charges; and (b) on return of the equipment ingood order and condition, the actual total charges
will be calculated and the Hirer will either pay thebalance outstanding, or be refunded with thedifference between the bond paid by the Hirer andthe actual total charges.
3.3 Overdue accounts may be referred for collection
and all costs incurred (including solicitor/client
costs) will be added to the amount due
3.4 For purchase of equipment, the Hirer will pay
the Owner the agreed price. Risk in this equipment
passes to the Hirer on delivery of the equipment
and title will pass on payment in full to the Owner.
3.5 For credit account customers, the Owner will
send the Hirer an invoice for charges incurred. The
Hirer must pay the invoice by the 20th of the monthfollowing the date of invoice. The Owner reserves
the right to reverse any previously agreed discountfor credit account customers if the account is not
paid in full by the due date.
3.6 All Hirer queries or issues with invoiced
amounts must be raised with the Owner within one
month of the date on the relevant invoice so thatany such queries or issues can be promptly
reviewed and resolved.
3.7 The Owner reserves the right to apply payments
received in any manner the Owner determines.

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under these Trade Conditions, at law or otherwise,
the Hirer will pay default interest at the rate of 20%
compounding monthly (for cash customers) or fromthe 20th of the month following date of invoice (forcredit account customers), until all monies havebeen paid in full. Any amount becoming due andpayable in terms of this Clause shall be liquidated
debt and UNIVERSAL HIRE shall be entitled at any
time to commence proceedings against the hirer for
payment of the debt including legal and collection
costs incurred by Canterbury Hire.
3.9 The Hirer must make all payments due under
the Contract (time being of the essence) without
set-off or deduction of any kind.
3.10 No credit shall be extended on overdue
accounts. In the event of any payment being inarrears for more than (14) days, the company may
terminate the hire agreement without prejudice to
any monies which may have become due andpayable by the hirer to the company
7KH+LUHU¶VREOLJDWLRQVWRSD\FKDUJHVDQGDQ\other sums to the Owner shall continue despite any
mechanical defect, break down, theft of, or accident
or damage caused to the equipment.
4. DELIVERY AND REMOVAL
4.1 Delivery and removal charges are payable by
the Hirer and are in addition to the hire/purchasecharges.
4.2 If hired equipment is to be removed by the
Owner, hired equipment must be packed up andready for loading at the pre-arranged time and place
and assistance rendered for loading.
4.3 The Hirer grants to the Owner, or will procurethat the Owner is granted, an irrevocable right andauthority to enter, and for the Owner to bringvehicles at any time onto, the place where theequipment is to be used or is located to deliver
and/or remove hired equipment either on the expiryof the hire period or on termination of the Contract.
4.4 Any requests for removal of hired equipment
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completion of the hire either by telephone or email.
4.5 If a Quote is given for the delivery of theequipment to site. This shall be the cost to deliver
only the specified one item one way. Removal andor collection of the item is to be charged at no lessthan the delivery charge. Where attachments aredelivered or removed from site, these items may
incur freight charges to the hirer at the discretion of
the owner. Multiple items transported on the same
truck will be charged per item not per load.
4.6 The Hirer will pay to the Company on eachoccasion a delivery charge and removal charge at
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applicable at the date of delivery or removal
immediately upon presentation of a tax invoice by
the Company. Such charge shall include any

wasted journey or transport time incurred by theCompany in attempting reasonably to comply withthe express or implied requirements of the hirer andwasted without fault on the part of the Company.
4.7 The Company is not liable to the Hirer for failure
to deliver the Goods on a specific date or within a
specified time from receipt of order for hire
4.8 The Hirer shall be responsible for receiving thegoods on site. In the event of any shortage and/or
damage to the Goods prior to delivery, the delivery
docket must be endorsed by the Hirer at the time ofdelivery specifying such shortage and/or damage
and immediately notified to the Company.
5. RIGHT TO TERMINATE
5.1 The Owner may terminate the Contract by
notice with immediate effect if: (a) the Hirer fails tocomply with any term of the Contract or any otheragreement with the Owner; (b) the Owner believes
on reasonable grounds that hired equipment may
be at risk for any reason whatsoever, including themanner of its use by the Hirer, adverse weather orwork conditions, or the Hirer is unable to, or might
be unable to, pay any charge, cost, purchase priceor fee in connection with the equipment under these
Trade Conditions; (c) it becomes apparent that for
any reason (including through the resignation of a
Guarantor) there will be no personal guarantees
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Contract; or (d) any step is taken to appoint a
receiver, manager, trustee in administration,liquidator, provisional liquidator, statutory manager,
administrator or other like person over the whole or
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5.2 Notwithstanding clause 5.1, the Owner may
terminate the Contract at any time without reason
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5.3 Where the Owner terminates the Contract
pursuant to clause 5.1 or 5.2, the Hirer indemnifies
the Owner against, and shall pay to the Owner upon
demand, any cost (including legal costs), claim,
damage, expense or liability suffered or incurred by
the Owner whether arising directly or indirectly fromthe Owner acting to recover any equipment hired ormonies payable by the Hirer pursuant to theContract, or otherwise in connection with theexercise or attempted exercise of any of its rights orremedies under the Contract.
5.4 Upon termination of this Contract the Hirer shallforthwith deliver up any hired equipment to the
Owner and shall pay to the Owner: (a) all hire
charges and other moneys due to the Owner at thedate of termination; and (b) the balance of all hire
charges yet to accrue from the date of termination
to the expiry of the term of the Contract discounted
for early payment in such amount as the Owner at
its sole discretion allows.
5.5 Termination of the Contract by the Owner is
without prejudice to any rights that the Owner may
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6. ASSIGNMENT7KH+LUHUVKDOOQRWDVVLJQDQ\RIWKH+LUHU¶V
rights or interests under the Contract to any person,and shall not assign, sublet, charge or part withpossession of hired equipment or any part of it. Thisclause 6.1 shall not prevent employees of the Hirer
using hired equipment in conformity with these
Trade Conditions.
6.2 The Owner may at any time assign its rights orinterests, or any part thereof, (whether absolutely,
or by way of security) or transfer its obligations or
any part thereof under the Contract, to any person.
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7.1 The Hirer shall: (a) if hired equipment isintended to be used in a location or manner which isoutside its usual or ordinary use, advise the Ownerof the intended location and/or nature of use at thetime of hiring the equipment; (b) comply with any
special conditions or exclusions (which may apply
to specific equipment or the nature or location of the+LUHU¶VLQWHQGHGXVHRIVXFKHTXLSPHQW QRWLILHGWR
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premises; (c) take proper and reasonable care ofhired equipment (including keeping the equipment
locked and secured when not in use) protecting theequipment from theft and having it fully covered by
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the end of the hire period (to the place of hire,
unless otherwise specified in the Contract Details)
in the same order and condition as at thecommencement of the hire (fair wear and tearexcepted) and in a reasonably clean state (taking
into account the cleanliness of the equipment at theoutset of the hire period); (d) carry out all necessary
daily servicing of hired equipment, (including theinspection and/or the supply of all necessary tyrepressures, water, oils, grease and fuel as may
reasonably be required as part of the daily
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OWN EXPENSE; (e) the Hirer agrees to inspect theEquipment/Goods prior to delivery and to ascertainthat they are fit for the use for which they are
required by the Hirer ; acceptance of delivery of theGoods by the Hirer shall be deemed to beconclusive evidence of inspection and approval of
the Goods.(f) use hired equipment in a lawfulmanner with due regard to all laws and regulations
pertaining to the use of such equipment; (g) if theequipment is hired, immediately cease operating
the equipment and notify the Owner by telephone if
the equipment is faulty, breaks down or if any
warning light or buzzer is activated, or if any
certificates or licenses required by law or regulation(for example, registration, warrant of fitness, 6month certifications, electrical certs) are due toexpire during the period of hire; (h) notify the Owner
immediately if hired equipment is lost, stolen ordamaged and shall follow all reasonable
instructions of the Owner; and be responsible, andindemnify the Owner, for any loss, theft or damage
to hired equipment that occurs from the time theHirer takes possession of the equipment until it is
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the case of damage, the full cost of all repairs to
restore the equipment to the condition it was in at
the time of hire; and (j) in the case of loss, theft or
irreparable damage to the equipment, the market
value of the equipment.
7.2 (a)The Hirer warrants that all persons who use
hired equipment shall be COMPETENT andQUALIFIED to use the equipment, shall only use
the equipment in the manner it was designed to be
used, and follow any directions from the Owner,
local authorities, codes of practice and/or the
manufacturer of the equipment relating to the use
and safety of the equipment and shall comply withall obligations in relation to the use and control ofthe equipment and the persons using said
equipment in accordance with the Health and
Safety at Work Act 2015 and all other relevant
legislation and applicable regulations. (b) conduct asite hazard assessment prior to using theequipment at the site. (c) ensure the Site isprepared and that the foundation upon which theequipment is to be erected are suitable to safely
carry the equipment and the load to be put on it
without subsidence. The Hirer indemnifies
UNIVERSAL HIRE against any cost, claim,
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7.3 If the Hirer is not an individual, the person who
signs the Contract on behalf of the Hirer warrantsthat they have authority to bind the Hirer and will, in
any event, be personally liable for the performanceof the obligations on the Hirer. The person signing
hereby indemnifies the Owner against all losses
and costs that may be incurred by the Ownerarising out of the person signing the Contract failingto have such power or authority.
7.4 The Hirer shall, upon request by the Owner,
advise the Owner of the whereabouts of hired
equipment and allow the Owner reasonable time toinspect and test the equipment and for such
purposes the Hirer gives irrevocable leave andlicense to the Owner to enter any premises where
the equipment or any part of the equipment may be
and take possession of and/or remove theequipment. The Hirer warrants that it has theauthority to permit such entry to the company.
8. PERSONAL PROPERTY SECURITIES ACT1999 (PPSA)
8.1 The Hirer acknowledges that title to hired
equipment remains with the Owner at all times.
Equipment purchased from the Owner remains theproperty of the Owner until paid for in full.
8.2 The Hirer agrees that the hire of the equipment
may, and that the acquisition of the equipment
does, create a security interest in the equipment tosecure the full payment of all moneys payable to the
Owner and the performance by the Hirer of all of its
other obligations to the Owner. If the Contract(including these Trade Conditions) constitutes asecurity interest, this document constitutes asecurity agreement for the purposes of the PPSA
and the provisions of clauses 8.3 to 8.5 apply.
Unless otherwise defined in the Contract (including

these Trade Conditions), all terms in this clause 8
have the meaning given to them in the PPSA andsection references are sections to sections of the
PPSA.
8.3 On the request of the Owner, the Hirer shallpromptly execute any documents, provide allnecessary information and do anything else
required by the Owner to ensure that the security
interest created under the Contract (including these
Trade Conditions) constitutes a perfected security
interest in the equipment and their proceeds which
will have priority over all other security interests inthe equipment.
8.4 The Owner may allocate all amounts received
by the Hirer in any manner it determines including
any manner required to preserve any purchasemoney security interests in the equipment.
8.5 The Hirer will pay to the Owner all fees andexpenses incurred by the Owner in relation to thefiling and maintenance of a financing statement inconnection with the Contract.
8.6 The Hirer waives its rights under sections
114(1)(a),116, 120(2), 121, 125, 126, 127, 129,
131, 133 and 148 of the PPSA.
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rights as an unpaid seller in relation to equipment
purchased from the Owner.
9. NO LIEN OR CHARGEThe Hirer is prohibited from creating any lien or
charge over the Goods or pledging the credit of thecompany.
10 REPAIR AND MAINTENANCE OF GOODS
10.1 The Hirer agrees that should any Goods
require maintenance and /or repairs such
maintenance and/ or repairs shall be affected onlyby the Company or its duly authorised agent at thecost of the Hirer.
10.2 The Hirer is responsible for:10.3 any damage to the Goods by any party otherthan the Company; weather malicious, negligent or
accidental; 23.2 the cost of repair or replacement of
any Goods which have been modified or altered inany way by the person other than the Company;]
10.4 the repair replacement of the Goods where
any action by the Hirer or any person other than the
Company invalidates any warranty for theequipment given to the Company by its
manufacturer or supplier and the Hirer will pay to
the Company upon demand all costs incurred by
the Company in relation to repair or replacement of
the Goods and any other loss suffered by thecompany.
11. INDEMNITY
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own risk and indemnifies the Owner against: (a) any

loss of or damage to the equipment; and (b) any
consequential or indirect loss incurred by the Owneras a result of any loss or damage to the equipment.
Including any personal injury weather such claim is
made in contract , tort (including negligence) or on
any other basis whatsoever, including any breach oflegislation, arising out of or in any way related to theuse of the Goods by the Hirer and the Hirer hereby
warrants that the Hirer holds insurance to cover the+LUHU¶VOLDELOLWLHVDULVLQJIURPRUUHODWLQJWRWKHXVHRI
the Goods.
11.2 The Hirer indemnifies the Company against
the destruction or loss of the Goods by any meansor for any reason whatsoever, including lawful
confiscation.
11.3 Be responsible for and indemnify the Owner
for any loss of revenue suffered by the Owner due
to the unavailability of the equipment for hire due toloss, theft or damage. The cost for loss of revenue
shall not exceed the equivalent prevailing rate for120 days hire of the equipment.
12. INSURANCEThe Goods Shall be at the sole risk of the Hirer fromthe time of delivery by the Company (or collection of
the Goods by the Hirer) until collection by thecompany or return to the Company by the Hirer.
The Hirer will effect replacement insurance in the
joint names of the Hirer and the Company against
loss or damage however caused, and will provide
proof of such insurance to the Company uponrequest.
13. LIMITATION OF LIABILITY, INJURY OR
DAMAGE TO HIRER, THIRD PERSON OR
PROPERTY
13.1 In entering into the Contract, the Hirer
acknowledges that the Owner has no liability to theHirer for any direct, indirect or consequential loss ordamage or for any loss of revenue or loss of actualor anticipated profit (or any other form of economicloss) arising in connection with the Contract(whether in contract or in tort) including that
resulting from the use by the Hirer of the equipment,or arising by operation of law. Without limiting theforegoing, the Owner is not liable for any indirect orconsequential loss or damage including any loss of
profit or other loss suffered by the Hirer, or liability
incurred by the Hirer, as a result of the breakdown
of any hired equipment, however caused.
13.2 Subject to the exclusion of liability in clause
13.1 above, the maximum aggregate liability of the
Owner for all claims made by the Hirer, whether asa result of any breach of the Contract or on any
other ground or terms whatsoever (including liability
as a result of tort, including negligence) will not
exceed: (a) in the case of any equipment purchasedby the Hirer, an amount of $2,500; and (b) in thecase of any equipment hired, the lesser of the hire
charges paid by the Hirer to the Owner pursuant to
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the Hirer to the Owner pursuant to the Contract.

13.3 the Hirer will indemnify the Owner against any
liability, losses, damages or expenses incurred or
suffered by the Owner as a result of any claim
made by a third person against the Owner inrespect of any loss or liability arising from theContract or arising out of the use of the equipment
hired or purchased by the Hirer.
13.4 The Owner and the Hirer confirm,
acknowledge and agree that because the Hirer is intrade (within the meaning of the Consumer
Guarantees Act 1993) and the equipment is
supplied to the Hirer and acquired by the Hirer intrade, the statutory guarantees and implied terms,
covenants and conditions contained in theConsumer Guarantees Act 1993 do not apply.
13.5 If the Hirer is purchasing equipment, allguarantees in respect of the equipment, whether
express or implied, are excluded.
13.6 The Owner makes no warranty or
representations as to the state, quality or fitness ofthe equipment for any purpose and no suchwarranty shall be implied. For the avoidance of
doubt, no warranty shall be implied by thedescription of the equipment on the Contract Details
page or by the provision of information relating to
the proper operation and maintenance of theequipment. Any equipment sold is second-hand andis sold as is.
14. NOTICES
14.1 Notices shall be properly served on a person if
delivered by hand or left at or posted in any prepaid
letter addressed to that person at either the job
address or any other address of the Hirer specified
on the Contract Details page. Service by post shallbe deemed to be effected on the second day after
the day on which the notice was posted.
15. GENERAL
15.1 Headings are inserted for convenience andshall not affect the construction of the Contract. The
singular includes the plural and vice versa. Words
with initial capitals have the meaning ascribed tothem in context or as defined in clause 2.2. Persons
include incorporated and unincorporated entities.
Words implying one gender include the other. A
reference to a clause or sub clause is a reference toa clause or sub clause hereof. A reference toOwner includes its servants, agents, successors
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15.2 If at any time any provision of the Contract isor becomes illegal, invalid or unenforceable in any
respect under the law of New Zealand, that will notaffect or impair the legality, validity or enforceabilityof any other provision of this Contract.
15.3 The Contract records the entire arrangement
between the parties relating to the matters dealt
with in this Contract and supersedes all previous
arrangements, understandings or representations
whether, written, oral or both, relating to thesematters.

15.4 Nothing expressed or implied in this Contract
will constitute either party as the partner, agent,employee or officer of, or joint venturer with, theother party.
15.5 This Contract is governed by the laws of New
Zealand. The parties agree to submit to the nonexclusive jurisdiction of the courts of New Zealand.