Hire Agreement

Agreement:
- This agreement (agreement) is between TigerTurf NZ Limited (TigerTurf) and the hirer named on the front page (Hirer).
- The Hirer hires TigerTurf’s customised turf trailer and/or any other equipment specified on the front page (Equipment), for the hire period set out on the front page of this agreement (hire period), and on the terms and conditions set out in this agreement.
Payments:
- The Hirer must pay TigerTurf the total hire fees set out on the front page of the agreement before collecting the Equipment.
- The Hirer also agrees to pay to TigerTurf, upon demand:
  - Any in respect of any overdue amounts, interest calculated daily at ten per cent per annum;
  - all costs and expenses incurred by TigerTurf in collecting amounts due and in the exercise of its rights and powers under this agreement;

GST: All amounts set out in the agreement are exclusive of GST unless expressly stated otherwise.
Title and risk: The Equipment remains TigerTurf’s property at all times. Risk in the Equipment shall pass to the Hirer as at the date the Hirer takes possession of the Equipment.
Hirer’s obligations: The Hirer must:
- keep the Equipment in good condition at all times during the hire period;
- immediately notify TigerTurf in writing of any loss or damage to the Equipment;
- not modify, repair or make any addition to, the Equipment (including by having any person than TigerTurf perform repairs or maintenance to it), nor alter any identifying mark or number;
- not transfer, sell, dispose or encumber the Equipment in any way;
- not assign this agreement or the Hirer’s rights under it to any third party;
- use the Equipment only in accordance with TigerTurf’s instructions and in accordance with all applicable laws;
- only allow the Equipment to be used by persons aged 18 or over;
- at the expiration of the hire period, return the Equipment in good order, repair and condition to TigerTurf at the address the Equipment was collected from.
Insurance: The Hirer will be responsible for insuring any vehicle used to tow or transport the Equipment, and for any excess on any claim.
Liability:
- To the fullest extent permitted by law, TigerTurf excludes all liability for any loss or injury to any person, or any damage to, or loss or destruction of, property, directly or indirectly arising from the possession, control, operation, condition or use of any Equipment.
- Notwithstanding the foregoing, TigerTurf’s liability in connection with this agreement or any Equipment (including for breach of any condition or warranty implied into this agreement by law) shall be limited to the total hire fees payable for the Equipment.
- In no circumstances shall TigerTurf be liable to the Hirer for indirect or consequential loss or damage, or any loss of profits, business or opportunity.
Indemnity: The Hirer indemnifies TigerTurf against:
- all loss, damage, liabilities, claims (including claims by third parties) and costs (including legal fees on a solicitor – own client basis) arising out of:
  - the Hirer’s operation, use or keeping of the Equipment;
  - the negligence of the Hirer or anyone for whom the Hirer is responsible;
  - a breach by the Hirer of any term of this agreement;
- any legal or other costs incurred by TigerTurf in enforcing TigerTurf’s rights under this Agreement; and
- any loss or damage to the Equipment, howsoever caused.
Default: TigerTurf may terminate this agreement immediately without notice to the Hirer if:
- the Hirer breaches any provision of this agreement; or
- TigerTurf is of the opinion that the Hirer will in the future breach its obligations under the agreement.
Effect of termination: At the end of the hire period, or on termination of this agreement for any reason, the Hirer must immediately return the Equipment to TigerTurf, and failing such return TigerTurf may repossess the Equipment. The Hirer consents to TigerTurf entering the address on the front page (and any other place where the Equipment is situated) for the purposes of repossessing the Equipment.
Holding over: If the Hirer fails to return the Equipment at the end of the hire period, TigerTurf may, in addition to its other rights in respect of breach of this agreement, charge the Hirer, (for every hour or part of an hour that the Equipment is returned late) at the hourly rate set out on the front page until the Hirer returns, or TigerTurf otherwise repossesses, the Equipment (holding over period). These terms and conditions shall continue to apply to the holding over period.
Governing law: This agreement is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.
Interpretation:
- Any reference to the Equipment shall include any attachments to the Equipment or any parts or accessories from time to time in addition to or in replacement of any part of the Equipment;
- Any reference to “includes”, including” or similar implies no limitation.

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Hire Agreement

Hire Agreement

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