Equipment Hire Payment

Please email us a copy of your Drivers License or Passport to info@erghire.co.nz

Order summary

Concept2 Model D - 3 Month Hire $120.00

Application Fee $50.00

Refundable Bond $150.00

	Delivery to Address
	Collect at MainFreight Depot
	Pick Up at ErgFit Address: 41 Wairoa Road, Te Puna, Tauranga Office hours: Monday-Thursday 8-3pm Please call 075721481 to arrange a collection time

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Tax $41.74

Delivery cost (GST Included) $0.00

TOTAL: $320.00

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We require a copy of your Drivers Licence or Passport before we send your Hire Rower out. Please email us a copy to o rders@erghire.co.nz.

Under the Terms & Conditions, you are responsible for the cost of freight when returning the rower at the end of the hire term!

Freight Dispatch:
North Island allow 4-5 Working Days
South Island allow 5-7 Working Days
(Please note that the day it is collected does not count as day one)

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ErgHire Limited Consumer Lease Contract
Terms and Conditions

1. Definitions
1.1 “Business Day” means a day on which the major trading banks are open for normal business to be conducted, excluding a Saturday, Sunday or public holiday in New Zealand.

1.2 “Charges” shall mean the cost of the hire (including any Equipment and Services Tax (GST) where applicable) of the Equipment as agreed between ErgHire and the Customer subject to clause 7 of this Contract.

1.3 “Contract” means the Terms and Conditions contained herein, together with any quotation, Hire form, invoice or other document or amendments expressed to be supplemental to this Contract.

1.4 “Contract Hire Term” shall mean the minimum Hire period as described on the invoices, quotation, authority to hire, or any other forms as provided by ErgHire to the Customer.

1.5 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using ErgHire’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.6 “Cooling Off Period” means the period of time following entering into this Contract when the Customer may choose to cancel the Contract, for any reason, and obtain a refund; the period of which shall be forty-eight (48) hours.

1.7 “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting ErgHire to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) If there is more than one Customer, is a reference to each Customer jointly and severally; and
(b) If the Customer is a partnership, it shall bind each partner jointly and severally; and
(c) If the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) Includes the Customer’s executors, administrators, successors and permitted assigns.

1.8 “ErgHire” shall mean ErgHire Limited, its successors and assigns.

1.9 “Equipment” shall mean all Equipment (including any accessories and parts supplied at any time, together with any further equipment acquired with, in addition to or in substitution for the Equipment or which are at any time incorporated or installed in, or attached to, any of the Equipment and, where applicable, includes all operation systems licences supplied with the Equipment by either the manufacturer or the supplier of the Equipment and any cabling or other items supplied in the installation of the Equipment) supplied on hire by ErgHire to the Customer (and where the context so permits shall include any incidental supply of services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by ErgHire to the Customer.

1.10 “PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.

1.11 “PPSR” means the Personal Property Securities Register established under the PPSA.

1.12 “Security Interest” shall be the meaning given to it in the PPSA and includes, without limitation, any instrument by way of security or a bill of sale (as defined in any statute, a charge, mortgage, lien, pledge, hypothecation, set off or flawed asset arrangement. It includes:
(a) Anything that gives a creditor priority ahead of other creditors in respect of any asset;
(b) Retention of Title, other than in the ordinary course of day to day trading;
(c) A deposit of money by way of security.

1.13 “Site” means the location/s at which the Equipment is to be operated

2. Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires:
(a) The singular includes the plural, and vice versa; and
(b) The words ‘include’ and ‘including’, and any variants of those words, will be treated as if followed by the words ‘without limitation’; and
(c) A reference to a clause is a reference to a clause of these Terms and Conditions; and
(d) A reference to a party to these Terms and Conditions, or any other document or agreement, includes that party’s executors, administrators, successors and permitted assigns, and any person acting on behalf of, and with the authority of, that party; and
(e) Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
(f) A reference to a period of time (including, but not limited to, a year, quarter, month and day) is to a calendar period; and
(g) A reference to dollars ($), is a reference to New Zealand currency; and
(h) Headings are for convenient reference only, and do not affect interpretation.

2.2 If the day upon which any act, matter or thing is to be done under the Contract is not a business day, that act, matter or thing:
(a) If it involves payment other than payment which is due on demand, must be done on the preceding business day; and
(b) In all other cases, may be done on the next business day.

3. Acceptance
3.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms and Conditions if the Customer places an order for or accepts Delivery of any Equipment.

3.2 In the event of any inconsistency between the Terms and Conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

3.3 Any amendment to the Terms and Conditions contained in this Contract may only be amended in writing by the consent of both parties.

3.4 None of ErgHire’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by ErgHire or ErgHire’s official spokesperson in writing nor is ErgHire bound by any such unauthorised statements.

3.5 The Customer acknowledges that:
(a) The supply of Equipment on credit shall not take effect until the Customer has completed a credit application with ErgHire and it has been approved with a credit limit established for the account;
(b) In the event that the supply of Equipment requested exceeds the Customer’s credit limit and/or the account exceeds the payment terms, ErgHire reserves the right to refuse Delivery;
(c) This Contract constitutes the entire Contract between the parties and contains all the representations, warranties, covenants and agreements of the parties in relation to the subject matter of this Contract;
(d) None of the Equipment shall be sublet or cross-hired by the Customer. The Customer shall not assign or transfer their interest in this Contract or part with possession of all or any portion of the Equipment without the prior written consent of ErgHire, which consent may be arbitrarily withheld.

3.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Contract Hire Term
4.1 The commencement date shall be the date of the first Delivery of the Equipment, or from the date of signing, whichever, is the earlier. Fixed Term Hire Contracts shall be for the period (‘initial term”) as agreed between both parties and shall revert to a monthly roll over basis automatically, thereafter, unless agreed otherwise until terminated by either party by giving at least one (1) months required notice as defined in the Contract prior to the expiration date of the initial term or any additional term.

4.2 The Customer acknowledges and accepts that the Charges stated will remain fixed for an initial period of twelve (12) months from the date of this Contract and will then be subject to revision on the basis of the movement in the Consumer Price Index (CPI).

5. Errors and Omissions
5.1 The Customer acknowledges and accepts that ErgHire shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) Resulting from an inadvertent mistake made by ErgHire in the formation and/or administration of this Contract; and/or
(b) Contained in/omitted from any literature (hard copy and/or electronic) supplied by ErgHire in respect of the Equipment hire and/or/services.

5.2 In the event such an error and/or omission occurs in accordance with clause 5.1, and is not attributable to the negligence and/or wilful misconduct of ErgHire; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.

6. Change in Control
6.1 The Customer shall give ErgHire not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by ErgHire as a result of the Customer’s failure to comply with this clause.

7. Charges and Payment
7.1 At ErgHire’s sole discretion the Charges shall be either;
(a) As indicated on invoices provided by ErgHire to the Customer in respect of Equipment supplied; or
(b) ErgHire’s current Charges, at the date of Delivery of the Equipment, according to ErgHire’s current price list; or
(c) ErgHire’s quoted price (subject to clause 7.2) which shall be binding upon ErgHire provided that the Customer shall accept ErgHire’s quotation in writing within thirty (30) days.

7.2 ErgHire reserves the right to change the Charges if a variation to ErgHire’s quotation is requested. Variations will be charged for on the basis of ErgHire’s quotation, and will be detailed in writing, and shown as variations on ErgHire’s invoice. The Customer shall be required to respond to any variation submitted by ErgHire within ten (10) working days. Failure to do so will entitle ErgHire to add the cost of the variation to the Charges.

7.3 At ErgHire’s sole discretion, a deposit (in the form of a bond) shall be required at the commencement of this Contract, which shall be refunded to the Customer by within thirty (30) days of the return of the Equipment, provided that the Customer has complied with their obligations hereunder. The deposit may be used to offset any applicable Charges payable by the Customer under clause 15.3, and any outstanding balance thereof shall be due as per clause 7.4.

7.4 Time for payment for the Equipment being of the essence, the Charges will be payable by the Customer on the date/s determined by ErgHire, which may be:
(a) By way of instalments in accordance with ErgHire’s payment schedule;
(b) Payment for approved Customers shall be due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
(c) The date specified on any invoice or other form as being the date for payment; or
(d) Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by ErgHire.

7.5 ErgHire may in its discretion allocate any payment received from the Customer towards any invoice that ErgHire determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer ErgHire may re-allocate any payments previously received and allocated. In the absence of any payment allocation by ErgHire, payment will be deemed to be allocated in such manner as preserves the maximum value of ErgHire’s Purchase Money Security Interest (as defined in the PPSA) in the Equipment.

7.6 Payment may be made by electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and ErgHire.

7.7 Receipt by ErgHire of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

7.8 The Customer shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Customer by ErgHire nor to withhold payment of any invoice because part of that invoice is in dispute.

7.9 Unless otherwise stated the Charges does not include GST. In addition to the Charges, the Customer must pay to ErgHire an amount equal to any GST ErgHire must pay for any supply by ErgHire under this or any other agreement for the hire of the Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Charges. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges.

8. Hire Period
8.1 For Equipment in which a timing device is installed the hire period shall be the number of hours or part thereof recorded on the timing device whilst the Equipment is in the Customer’s possession.

8.2 Where the Equipment does not have a timing device installed hire Charges shall commence from the time the Equipment departs from ErgHire’s premises and will continue until the return of the Equipment to ErgHire’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.

8.3 The date upon which the Customer advises of termination shall in all cases be treated as a full day’s hire.

8.4 No allowance whatever can be made for time during which the Equipment is not in use for any reason, unless ErgHire confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Customer notifies ErgHire immediately, hiring Charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Customer.

8.5 Off-hire receipts will only be issued when the Equipment has been either collected by ErgHire, or returned to ErgHire’s premises.

9. Delivery
9.1 Delivery (“Delivery”) of the Equipment is taken to occur at the time that:
(a) The Customer or the Customer’s nominated carrier takes possession of the Equipment at ErgHire’s address; or
(b) ErgHire (or ErgHire’s nominated carrier) delivers the Equipment to the Customer’s nominated address even if the Customer is not present at the address.

9.2 Return of the Equipment (“Return”) will be completed when the Equipment has been accepted by ErgHire (together with all original packaging) by their off-hire docket. Where the Equipment is returned by the Customer’s transport, the Equipment returned shall be inspected at ErgHire’s premises and the off-hire docket issued to the Customer shall be conclusive proof of the Return of the Equipment listed thereon, but not of its condition at the time of Return. If the Customer collects the Equipment, it will be checked on arrival in ErgHire’s yard for quality and condition. In both cases the check in ErgHire’s yard for quality and condition will be the only legal proof of the quality and condition of Equipment returned.

9.3 At ErgHire’s sole discretion the cost of Delivery is included in the Charges.

9.4 Where ErgHire is to deliver the Equipment the Customer shall make all arrangements necessary to take Delivery of the Equipment whenever it is tendered for Delivery. In the event that the Customer is unable to take Delivery of the Equipment as arranged then ErgHire shall be entitled to charge a reasonable fee for redelivery.

9.5 The Customer shall ensure that ErgHire has clear and free access to the Site at all times to enable them to undertake the Services. ErgHire shall not be liable for any loss or damage to the Site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas).

9.6 If there are any delays due to free access not being available then the Customer shall be responsible and shall reimburse ErgHire for all lost hire fees associated with the Equipment being unavailable. The Customer shall also be responsible for all other expenses and costs incurred by ErgHire due to delays in access to the Equipment.

10. Risk
10.1 ErgHire retains property in the Equipment nonetheless; all risk for the Equipment passes to the Customer on Delivery.

10.2 The Customer accepts full responsibility for the safekeeping of the Equipment and indemnifies ErgHire for all loss theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer.

10.3 The Customer will insure, ErgHire’s interest in the Equipment (with a reputable insurer) against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment and shall provide ErgHire with copies of all relevant policies of insurance upon request. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

10.4 The Customer accepts full responsibility for and shall keep ErgHire indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Customer or any other persons.

11. Compliance with Laws
11.1 The Customer and ErgHire shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services including any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Services.

11.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.

12 Title
12.1 The Equipment is and will at all time remain the absolute property of ErgHire.

12.2 If the Customer fails to return the Equipment to ErgHire then ErgHire or ErgHire’s agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.

12.3 The Customer is not authorised to pledge ErgHire’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

13. Personal Property Securities Act 1999 (“PPSA”)
13.1 Upon assenting to these Terms and Conditions in writing the Customer acknowledges and agrees that:
(a) These Terms and Conditions constitute a security agreement for the purposes of the PPSA and a Purchase Money Security Interest (“PMSI”) is granted in priority to all other creditors by the Customer in favour of ErgHire; and
(b) A security interest is taken in all Equipment that have previously been supplied and that will be supplied in the future by ErgHire to the Customer, and the proceeds from the hire of such Equipment.

13.2 The Customer undertakes to:
(a) Sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ErgHire may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) Indemnify, and upon demand reimburse, ErgHire for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Equipment charged thereby;

13.3 Not register or permit to be registered, a financing statement or a financing change statement in relation to the Equipment or the proceeds of such Equipment in favour of a third party without the prior written consent of ErgHire.

13.4 ErgHire and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these Terms and Conditions.

13.5 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.

13.6 Unless otherwise agreed to in writing by ErgHire, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

13.7 The Customer shall unconditionally ratify any actions taken by ErgHire under clauses 13.1 to 13.6.

13.8 Subject to any express provisions to the contrary (including those contained in this clause 13), nothing in these Terms and Conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

13.9 Only to the extent that the hire of the Equipment exceeds a twelve (12) month hire period shall clause 13 apply as a security agreement in the form of a PPS Lease in respect of Section 36 of the PPSA, in all other matters this clause 13 will apply generally for the purposes of the PPSA.

14. Security and Charge
14.1 In consideration of ErgHire agreeing to supply the Equipment, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, and the Customer grants a security interest in all of its present and after-acquired property, to secure the performance by the Customer of its obligations under these Terms and Conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.

14.2 The Customer indemnifies ErgHire from and against all ErgHire’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ErgHire’s rights under this clause.

14.3 The Customer irrevocably appoints ErgHire and each director of ErgHire as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.

15. Use, Operation and Maintenance
15.1 The Customer shall:
(a) Satisfy itself at commencement that the Equipment is suitable for its purposes;
(b) Notify ErgHire immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification;
(c) Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by ErgHire or posted on the Equipment;
(d) Maintain the Equipment as is required by ErgHire and as specified in the Equipment’s operators manual (including, but not limited to, maintaining oil and grease levels, tyre pressures and perform a pre-inspection check at the commencement of every Business Day or shift, whichever the shorter time period);
(e) Immediately cease operation of the Equipment and notify ErgHire by telephone should any warning light display or any gauges such as the Equipment’s temperature gauge indicate overheating or other potential mechanical faults. Should the Customer fail to observe such indications, they agree to indemnify ErgHire from any damage thus caused;
(f) Ensure that:
(I) All persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to ErgHire upon request;
(II) The operator of any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the Equipment;
(g) Comply with all workplace health and safety laws relating to the Equipment and its operation;
(h) Allow ErgHire to inspect the Equipment at any reasonable time and on reasonable notice;
(i) On termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to ErgHire;
(j) Keep the Equipment in their own possession and control and shall not assign the benefit of the hire Contract nor be entitled to lien over the Equipment;
(k)Indemnify and hold harmless ErgHire in respect of all claims arising out of the Customer’s use of the Equipment.

15.2 The Customer shall not:
(a) Alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
(b) Exceed the recommended or legal load and capacity limits of the Equipment;
(c) Fix any of the Equipment in such a manner as to make it legally a fixture or an accession forming part of any freehold property that is not Equipment without ErgHire’s consent. If any of the Equipment becomes affixed to any other property without ErgHire’s consent in a manner in which ErgHire consider may prejudice ErgHire’s rights, the Customer must take such action as ErgHire reasonably require to preserve ErgHire’s rights in, and title to, that Equipment. If ErgHire agree to allow the Equipment to be affixed to any property, ErgHire may require the Customer to obtain consent of the owner or the lessor (if the lessor is not the owner) of the property to which the Equipment will be affixed prior to the Equipment being affixed.

15.3 Immediately on request by ErgHire the Customer will pay:
(a) The new list price of any Equipment that is for whatever reason destroyed, written off or not returned to ErgHire;
(b) All costs incurred in cleaning the Equipment;
(c) All costs of repairing any damage caused by:
(I) The ordinary use of the Equipment;
(II) The negligence of the Customer or the Customer’s agent;
(III) Vandalism, or (in ErgHire’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Customer.
(d) The cost of any consumables provided by ErgHire and used by the Customer;
(e) any:
(I) Lost hire fees ErgHire would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
(II) Costs incurred by ErgHire in picking up and returning the Equipment to ErgHire’s premises if the Customer does not return the Equipment to ErgHire’s premises or any pre-agreed pickup location when it was originally agreed that the Customer would do so;
(III) Insurance excess payable in relation to a claim made by either the Customer or ErgHire in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Customer and irrespective of whether charged by the Customer’s insurers or ErgHire’s.

15.4 Sub-Leasing
(a) The Customer must not lease, sub-lease, bail or otherwise give possession (“Sub-Lease”) of the Equipment to any other party without the express prior written consent of ErgHire and/or any associated third party of ErgHire that has an interest in the same Equipment (which ErgHire or their associated third party may withhold in its absolute discretion). Any such Sub-Lease agreed to by ErgHire or their associated third party must comply with the following conditions:
(I) The Sub-Lease must be in writing in a form acceptable to all parties and must be expressed to be subject to the rights of ErgHire under this Contract;
(II) The Customer may not vary the Sub-Lease without the prior written consent of ErgHire and/or any associated third party of ErgHire that has an interest in the same Equipment (which ErgHire or their associated third party may withhold in its absolute discretion);
(III) The Customer must ensure that all parties are provided (at all times) with up-to-date information regarding the Sub-Lease, including the identity of the sub-lessee, the terms of, and state of, accounts and payment under the Sub-Lease, and the location and condition of the Equipment;
(A) The Customer must take all steps (including registration under the PPSA) as may be required to:
(B) Ensure that any security interest arising under, or in respect of, the Sub-Lease is enforceable, perfected and otherwise effective under the PPSA;
(C) Enabling the Customer to gain (subject always to the rights of ErgHire) first priority (or any other priority agreed to by ErgHire in writing) for the security interest; and
(D) Enabling ErgHire and the Customer to exercise their respective rights in connection with the security interest; and
(b) ErgHire may recover from the Customer the cost of doing anything under this clause 15.4, including registration fees (as per clause 13.2(b)

15.5 Title
(a) The Equipment is and will at all times remain the absolute property of ErgHire in accordance with clause 12.1;
(b) The Customer must not sell, dispose, or otherwise part with possession of the Equipment.

15.6 No Security Interest-The Customer must not give any security interest over the Equipment to anyone other than ErgHire.

16. Defects
16.1 The Customer shall inspect the Equipment on Delivery and shall within forty eight (48) hours notify ErgHire of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford ErgHire an opportunity to inspect the Equipment within a reasonable time following Delivery if the Customer believes the Equipment is defective in any way. If the Customer shall fail to comply with these provisions the Equipment shall be presumed to be free from any defect or damage. For defective Equipment, which ErgHire has agreed in writing that the Customer is entitled to reject, ErgHire’s liability is limited to replacing the Equipment.

17. Consumer Guarantees Act 1993
17.1 For the purposes of this Contract, “Consumer” means a “Lessee” who is a Consumer for the purposes of the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986.

17.2 This Contract is subject to the provisions of the Consumer Guarantees Act 1993 (“CGA”) in all cases except where the Customer is not contracting as a Consumer within the meaning of the CGA and does not attempt to exclude in any way, the Lessee’s rights under the CGA.

17.3 If the Lessee is in trade (within the meaning to the CGA) and the Equipment is supplied to the Lessee and acquired by the Lessee in trade, ErgHire and the Lessee confirm, acknowledge and agree that:
(a) The Consumer conditions will be substituted with ErgHire Terms and Conditions; and
(b) The statutory guarantees and implied terms, covenants and conditions contained in the CGA do not apply.

17.4 It is not intended that any Contract will be either a Consumer Credit Contract or a Consumer Lease for the purposes of the Credit Contracts and Consumer Finance Act 2003.

18. Default and Consequences of Default
18.1 An event of default (“Default Event”) occurs if:
(a) Any money payable under this Contract is not paid before or on the due date for payment;
(b) The Customer fails to observe and perform any of the Customer’s covenants, other than the failure to pay money, and such failure continues for more than three (3) days after ErgHire had given the Customer notice requiring the Customer to remedy the breach;
(c) The Customer, being an individual, commits an act of bankruptcy, is declared mentally ill or is convicted of a criminal offence or dies;
(d) A receiver, or an agent in possession for a mortgagee, is appointed in respect of any property of the Customer;
(e) A mortgagee takes possession of any property of the Customer;
(f) Any execution or similar process is made against the property of the Customer;
(g) An application is made, a resolution is passed or a meeting is convened for the purpose of considering a resolution for the Customer to be wound up, unless the winding up is for the purpose of reconstruction or amalgamation;
(h) A compromise or arrangement is made between the Customer and its creditors;
(i) A resolution is passed, or a meeting is convened for the purpose of considering a resolution for the Customer to be placed under official management;
(j) The Customer admits in writing its inability to pay its debts;

18.2 On the occurrence of an Default Event:
(a) ErgHire may:
(I) Take possession of the Equipment with, or without notice to the Customer, in accordance with clause 12.2;
(II) Charge interest on overdue invoices, which shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at ErgHire’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment;
(b) If the Customer owes ErgHire any money, the Customer shall indemnify ErgHire from and against all costs and disbursements incurred by ErgHire in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, ErgHire’s collection agency costs and bank dishonour fees);
(c) Further to any other rights or remedies ErgHire may have under this agreement, if the Customer has made payment to ErgHire and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by ErgHire under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract;
(d) Without prejudice to ErgHire’s other remedies at law, ErgHire shall be entitled to cancel, suspend or terminate the supply of Equipment/Services or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies ErgHire may have and all amounts owing to ErgHire shall, whether or not due for payment, become immediately payable. ErgHire will not be liable to the Customer for any loss or damage the Customer suffers because ErgHire has exercised its rights under this clause.

19. Cancellation
19.1 Without prejudice to any other remedies ErgHire may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these Terms and Conditions ErgHire may suspend or terminate the supply of Equipment on hire to the Customer. ErgHire will not be liable to the Customer for any loss or damage the Customer suffers because ErgHire has exercised its rights under this clause.

19.2 In the event of a Default Event, ErgHire reserves the absolute right to:
(a) Cancel, terminate, or determine this Contract;
(b) Immediately repossess the Equipment;
at any time before or during the hire period, without reason, without prior notice, without payment of compensation and without prejudice to any other rights which ErgHire may have against the Customer. ErgHire or its agents may enter any property or premises as per clause 12.2 where the Equipment may be kept, for this purpose.

19.3 In addition to clause 19.2 in these Terms and Conditions, ErgHire shall be entitled to cancel the Contract if:
(a) ErgHire reasonably believes that a third party may attempt to take possession of the Equipment; or
(b) The Equipment is at risk; or
(c) In the event that the Customer wishes to cancel this Contract subject to a medical matter, then the Customer must provide ErgHire with a valid medical certificate for the Contract to be assessed for any form of refund, which will be at ErgHire’s sole discretion. Where no medical certificate is provided, the Customer acknowledges and accepts that they shall be liable for:
(I) A cancellation fee of up to thirty (30%) of the remainder of the Charges under this Contract; or
(II) Forfeit any bond paid; and
(III) Be liable for all monies due and payable up to the date of cancellation.

19.4 In the event that the Customer cancels this Contract the Customer shall be liable for any and all loss incurred (whether direct or indirect) by ErgHire (including, but not limited to, any loss of profits) up to the time of, or as a direct result of the cancellation, notwithstanding that at ErgHire’s sole discretion where appropriate notice is not received the Customer shall:
(a) Forfeit any bond paid; and
(b) Be liable for all monies due and payable up to the date of cancellation.

20. Privacy Policy
20.1 All emails, documents, images or other recorded information held or used by ErgHire is “Personal Information” as defined and referred to in clause 20.3 and therefore considered confidential. ErgHire acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. ErgHire acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by ErgHire that may result in serious harm to the Customer, ErgHire will notify the Customer in accordance with the Act. Any release of such Personal Information must be in accordance with the Act and must be approved by the Customer by written consent, unless subject to an operation of law.

20.2 Notwithstanding clause 20.1, privacy limitations will extend to ErgHire in respect of Cookies where the Customer utilises ErgHire’s website to make enquiries. ErgHire agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
(a) IP address, browser, email client type and other similar details;
(b) Tracking website usage and traffic; and
(c) Reports are available to ErgHire when ErgHire sends an email to the Customer, so ErgHire may collect and review that information (“collectively Personal Information”)
If the Customer consents to ErgHire’s use of Cookies on ErgHire’s website and later wishes to withdraw that consent, the Customer may manage and control ErgHire’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

20.3 The Customer authorises ErgHire or ErgHire’s agent to:
(a) Access, collect, retain and use any information about the Customer;
(I) Including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice for the purpose of assessing the Customer’s creditworthiness; or
(II) For the purpose of marketing products and services to the Customer.
(b) Disclose information about the Customer, whether collected by ErgHire from the Customer directly or obtained by ErgHire from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

20.4 Where the Customer is an individual the authorities under clause 20.3 are authorities or consents for the purposes of the Privacy Act 2020.

20.5 The Customer shall have the right to request (by e-mail) from ErgHire, a copy of the Personal Information about the Customer retained by ErgHire and the right to request that ErgHire correct any incorrect Personal Information.

20.6 ErgHire will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

20.7 The Customer can make a privacy complaint by contacting ErgHire via e-mail. ErgHire will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

21. Confidentiality
21.1 Subject to clause 21.2, each party agrees to treat as confidential the other party’s Confidential Information, and agree not to divulge it to any third party, without the other party's written consent.

21.2 Both parties agree to:
(a) use the Confidential Information of the other party only to the extent required for the purpose it was provided; and
(b) Not copy or reproduce any of the Confidential Information of the other party in any way; and
(c) Only disclose the other party’s Confidential Information to:
(I) Employees and contractors who need access to the information and who have agreed to keep it confidential; and
(II) Its legal advisers and insurance providers if those persons undertake to keep such information confidential.

21.3 Either party must promptly return or destroy all Confidential Information of the other party in its possession or control at the other party’s request, unless required by law to retain it.

21.4 Confidential Information excludes information:
(a) Generally available in the public domain (without unauthorised disclosure under this Contract); or
(b) Required by law, any stock exchange or regulatory body to be disclosed; or
(c) Received from a third party entitled to disclose it; or
(d) That is independently developed.

21.5 The obligations of this clause 21 shall survive termination or cancellation of this Contract.

22. Service of Notices
22.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) By handing the notice to the other party, in person;
(b) By leaving it at the address of the other party as stated in this Contract;
(c) By sending it by registered post to the address of the other party as stated in this Contract;
(d) If sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
(e) If sent by email to the other party’s last known email address.

22.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

23. Trusts
23.1 If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not ErgHire may have notice of the Trust, the Customer covenants with ErgHire as follows:
(a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
(b) the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Customer will not without consent in writing of ErgHire (ErgHire will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(I) Te removal, replacement or retirement of the Customer as trustee of the Trust;
(II) Any alteration to or variation of the terms of the Trust;
(III) Any advancement or distribution of capital of the Trust; or
(IV) Any resettlement of the trust property.

24. General
24.1 Any dispute or difference arising as to the interpretation of these Terms and Conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.

24.2 The failure by either party to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

24.3 These Terms and Conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

24.4 Subject to the CGA, ErgHire shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by ErgHire of these Terms and Conditions (alternatively ErgHire’s liability shall be limited to damages which under no circumstances shall exceed the Charges).

24.5 ErgHire may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.

24.6 The Customer cannot assign or licence without the written approval of ErgHire.

24.7 ErgHire may elect to subcontract out any part of the provision services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of ErgHire’s sub-contractors without the authority of ErgHire.

24.8 The Customer agrees that ErgHire may amend their general Terms and Conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for ErgHire to provide Equipment to the Customer.

24.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed boarder lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.

24.10 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them

I have read, understand and agree with the Terms and Conditions of this Hire
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The completed Lease Application and Terms & Conditions with ID may be emailed to
orders@ergfit.co.nz.

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We require a copy of your Drivers Licence or Passport before we send your Hire Rower out. Please email us a copy to orders@erghire.co.nz.

Under the Terms & Conditions, you are responsible for the cost of freight when returning the rower at the end of the hire term! Freight Dispatch: North Island allow 4-5 Working Days South Island allow 5-7 Working Days (Please note that the day it is collected does not count as day one)

PAYMENT

We require a copy of your Drivers Licence or Passport before we send your Hire Rower out. Please email us a copy to o rders@erghire.co.nz.

Under the Terms & Conditions, you are responsible for the cost of freight when returning the rower at the end of the hire term!

Freight Dispatch:
North Island allow 4-5 Working Days
South Island allow 5-7 Working Days
(Please note that the day it is collected does not count as day one)