Wildernest Hire Terms & Conditions
1.1 “Booking Form” means the form containing details of the Goods, Contract Term and Charges, whether in physical or electronic form, including any online forms hosted on the website of Wildernest and/or third parties.
1.2 “Contract Term” means the period of hire for the Goods as described on the Booking Form, invoices, quotation, or any other form(s) as provided by Wildernest to the Client.
2. Contract Term
2.1 Charges shall commence from the time the Goods depart from Wildernest’s premises and will continue until the return of the Goods to Wildernest’s premises, and/or until the expiry of the Contract Term (as specified in this Agreement), whichever last occurs.
2.2 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
2.3 No allowance whatsoever can be made for time during which the Goods are not in use for any reason, unless Wildernest confirms special prior arrangements in writing. In the event of any defect of, or damage to, the Goods (and provided the Client notifies Wildernest immediately), Charges will not be payable during the time the Goods are not usable, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
3. Client’s Responsibilities
3.1 The Client shall:
(a) satisfy itself at commencement that the Goods are suitable for its purposes.
(b) at all times, keep the Goods within their control, not assign the benefit of this Agreement nor be entitled to lien over the Goods, and shall not take the Goods outside of New Zealand.
(c) not fix any of the Goods in such a manner as to make it legally a fixture forming part of any freehold.
(d) subject to clause 5, ensure that all persons assembling or disassembling the Goods are suitably instructed.
(e) only use the Goods in suitable weather conditions, where there are no heavy winds or weather warnings.
(f) be fully responsible for ensuring that the ground on which the Goods will be assembled is stable, dry, clear of sharp or damaging objects, will not cause any damage to the Goods, and is not prone to flooding.
(g) ensure that the Goods are a safe distance from other obstructions such as trees, which may damage the Goods or the waterproofing of the Goods by contact and/or rubbing.
(h) upon pitching the Goods, ensure all lines are tight in order to avoid sagging, which may compromise the water tightness of the Goods.
(i) use the Goods properly, safely, and as intended, including using all ground sheets, guy ropes, poles, zips and any other safety structures.
(j) maintain and return the Goods dry, clean, empty (where applicable), and in the same state as when received by the Client. In the event the Goods are lost, not returned, damaged (including bent pegs), or unclean in any way, then cleaning, repair and/or replacement charges may apply in the amount that Wildernest reasonably determines.
(k) ensure the Goods remains free from unauthorised access, use or other interference by any third party or otherwise.
(l) ensure that the Goods will only be used by the number of occupants/users disclosed in the Booking Form and accepted by Wildernest;
(m) not alter or make any additions to the Goods including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Goods or in any other manner interfere with the Goods.
(n) not exceed the recommended or legal load and capacity limits of the Goods.
(o) not use or carry any illegal, prohibited or dangerous substance in or on the Goods.
(p) not use naked flames, gas fires, gas appliances, heaters, candles or other hot things in or around the Goods.
(q) not use cooking or other gas appliances of any kind inside or around the Goods.
(r) not use aerosols and chemicals, including hairspray and insect repellent, inside or near the Goods. These substances will damage the Good’s waterproofing.
(s) agree that, if necessary, to clean any Goods or soft materials belonging to Wildernest only with a soft damp cloth. The Client further agrees to never use soap, detergents, chemicals, abrasives or rough brushes or fabrics to clean the Goods, as these will damage the waterproof coating. The Client accepts that under no circumstances are the Goods to be machine washed, tumble-dried or wrung out.
(t) not to rest items on the canvas surface of the Goods, as this can damage the waterproofing seal.
(u) not allow pets inside or around the Goods.
(v) agree to only use mosquito coils on trays so as not to damage or touch the Goods. Coils and trays are available from Wildernest upon request.
(w) notify Wildernest immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Goods by giving such notification.
(x) indemnify and hold harmless Wildernest in respect of all claims arising out of the Client’s use of the Goods.
3.2 Immediately on request by Wildernest the Client will pay:
(a) the new list price of any Goods that is for whatever reason destroyed, written off or not returned to Wildernest.
(b) all costs incurred in cleaning the Goods.
(c) all costs of repairing any damage caused by the ordinary use of the Goods up to an amount equal to ten percent (10%) of the new list price of the Goods.
(d) the cost of repairing any damage to the Goods caused by the negligence of the Client or the Client’s agent.
(e) the cost of repairing any damage to the Goods caused by vandalism, or (in Wildernest’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Goods by the Client.
(f) any lost hire fees Wildernest would have otherwise been entitled to for the Goods, under this Agreement, or any other hire agreement.
(g) the cost of fuels and consumables provided by Wildernest and used by the Client.
4. Wildernest’s Right of Entry and Inspection
4.1 Wildernest reserves the right to inspect the Goods at any time during the Contract Term.
4.2 The Client authorises Wildernest, its agents and representatives, at all times without notice to enter onto, and to remain on, (at all necessary times) any premises where the Goods are located in order to inspect and/or collect the Goods without being liable in any way for trespass. The Client also assigns Wildernest all the Client’s rights to enter onto, and remain on, such premises until the Goods have been inspected and/or collected.
5. Assembly and/or Disassembly by Wildernest
These terms and conditions shall be applicable where Wildernest assembles and/or disassembles the Goods:
5.1 The Client will be responsible for:
(a) ensuring that there is adequate access, time and space for set-up, delivery, pack-up, pick-up and that the designated area is safe and free of obstructions or hazards;
(b) ensuring that the appropriate permissions to use the site, and install and remove the Goods, are granted, and informing any site owner of the potential property disturbance which may arise from the Goods or the setup thereof;
(c) locating, marking and protecting any underground utilities, other surfaces and objects.
5.2 Wildernest will under no circumstances be held liable for damage to items left in, or around, the Goods.
5.3 In the event of any delays due to free access being unavailable, the Client shall reimburse Wildernest for all associated costs (including, but not limited to, lost hire fees and labour costs, which will be charged at reasonable, or at Wildernest’s prevailing, rates.
5.4 The risk of security and all weather related risk remains with the Client until the Goods are actually disassembled by Wildernest.
6.1 Wildernest reserves the absolute right to:
(a) cancel, terminate, or determine this Agreement;
(b) immediately repossess the Goods;
at any time before or during the Contract Term, without reason, without prior notice, without payment of compensation and without prejudice to any other rights which Wildernest may have against the Client. Wildernest or its agents may enter any property, premises or vehicle where the Goods may be kept, for this purpose.
6.2 In addition to clause 15.1 in the General Terms and Conditions, Wildernest shall be entitled to cancel the Agreement if:
(a) Wildernest reasonably believes that a third party may attempt to take possession of the Goods;
(b) the Goods are at risk.
7.1 The Goods is and will at all times remain the absolute property of Wildernest, however the Client accepts full responsibility for:
(a) the safekeeping of the Goods and indemnifies Wildernest for all loss, theft, or damage to the Goods 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 Client; and
(b) shall keep Wildernest 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 Goods during the Contract Term and whether or not arising from any negligence, failure or omission of the Client or any other persons.
Furthermore, the Client will insure, or self-insure, Wildernest’s interest in the Goods 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 effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Goods. Further the Client will not use the Goods nor permit it to be used in such a manner as would permit an insurer to decline any claim.
7.2 If the Client fails to return the Goods to Wildernest then Wildernest or Wildernest’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods is situated and take possession of the Goods, without being responsible for any damage thereby caused.
7.3 The Client is not authorised to pledge Wildernest’s credit for repairs to the Goods or to create a lien over the Goods in respect of any repairs.
8. Personal Property Securities Act 1999 (“PPSA”)
8.1 To the extent that this Agreement does not exceed a twelve (12) month Contract Term, the Client acknowledges that nothing in this Agreement creates or provides for a security interest.
8.2 To the extent that this Agreement does exceed a twelve (12) month Contract Term, this agreement is the security agreement for the purposes of PPSA generally, and in particular Section 36.