IMPORTANT
PLEASE NOTE, when returning to the "HIRE FORM' from reading these Terms & Conditions you MUST use your COMPUTER "Back" button NOT the website "Hire Form" button else all your previously entered details on the Hire Form will be lost.
IMPORTANT
TERMS & CONDITIONS OF HIRE
1 HIRER RESPONSIBLE FOR GOODS.
(i) The Hirer is responsible for the care of the equipment hired (the Equipment) from Rescue Beacon Hire Ltd (Rescue Beacon) from the delivery day and or time specified by NZ Post as the day and or time of delivery for the Equipment to the Hirer, Hirers agent, representative, or Hirer specified delivery point whichever day and or time is the latter until and including the day and or time the Equipment is accepted by NZ Post for return to Rescue Beacon.
(ii) In the event of the Hirer not using the NZ Post bag(s) supplied by Rescue Beacon for the return of the Equipment the Hirer agrees to assume the risk (if any) of damage to the Equipment through insufficient packaging of the hirer’s chosen method of packaging during the return of the Equipment by NZ Post to Rescue Beacon.
(iii) The Hirer agrees to accept full responsibility and to pay for the cost of replacement of any Equipment not returned to Rescue Beacon within seven days of the end of the stated hire period and in this regard authorises Rescue Beacon to make a charge to the Hirers Credit Card for the Equipment not so returned at full retail cost.
(iv) Any Extensions to the hire period are to be confirmed and agreed in writing by Rescue Beacon prior to such extensions taking place.
2 RENTAL CHARGES START – FINISH.
The chargeable rental is for whole days and commences on either the day specified in the Hirer’s rental request or on the day the Equipment is received by the Hirer, Hirers agent, representative, or Hirer specified delivery point whichever day is the latter and ends on the day of receipt by NZ Post for return carriage by NZ Post to Rescue Beacon , both days inclusive.
3 ACCEPTANCE.
By clicking the Rescue Beacon website button “I accept the terms and conditions", the Hirer
(i) agrees to and accepts all of the Terms & Conditions contained herewith and
(ii) agrees (in the case of EPIRB and PLB Distress Beacon(s) (the Beacon(s)) that each Beacon is supplied by Rescue Beacon to the Hirer in a sealed bag which means that the Beacon(s) has not been activated and therefore the battery(s) meet the manufacturer’s specifications and warranty.
4 GOOD ORDER & CONDITION.
The Hirer acknowledges that the Equipment is in good order and condition and working to the manufacturers specifications.
5 SEALS & INSTRUCTION FOR USE.
The Hirer confirms
(i) having checked and found that the bag seal is intact
(ii) having received, read and understood the instructions from Rescue Beacon as to how, in an emergency, to activate the Beacon.
6 BROKEN SEALS.
The Hirer agrees that the bag seal(s) must be unbroken for Rescue Beacon to be able to rehire the Beacon(s). The Hirer therefore agrees that if the Beacon(s) are returned to Rescue Beacon either with
(a) the bag seal broken for whatsoever reason without the Beacon(s) having been activated that the Hirer authorises Rescue Beacon to make a charge of $100 per such beacon, to the Hirer’s Credit Card to re-check each Beacon(s) and that
(b) in the case of Beacons returned with the bag seal broken for whatsoever reason where an activation has been made, the Hirer authorises Rescue Beacon to make a charge of $400 per such beacon, to the Hirer’s Credit Card to service and replace the batteries.
7 RETURN OF GOODS
(a) The Hirer agrees to return the Beacon(s) or such other Equipment hired, to Rescue Beacon solely through NZ Post either:-
(i) in the NZ Post bag(s) provided by Rescue Beacon or
(ii) in adequately protective packaging by Registered Insured mail through NZ Post at the Hirer’s cost.
(b) It is acknowledged by the Hirer that the return of the beacon On or Before the agreed date is essential. Accordingly the daily penalty rate per beacon per day for returning a Beacon, for whatsoever reason, after the contracted “Return Date” is treble the daily rate of the respective contract.
(c) Provided that the Hirer returns all rental Equipment hired by Rescue Beacon to the Hirer on or before the agreed return date as supplied, sealed in the original sealed bag, not having been activated, undamaged and in clean condition there will be no additional charges. However the Hirer hereby authorizes Rescue Beacon to charge the Hirer’s Credit Card for any extra charges including but not limited to fees for late return, checking the Equipment and re-sealing the bag, Battery replacement, damage or cleaning.
8 PROOF OF DELIVERY & RETURN
(a) Proof of Delivery. It is agreed that any proof of delivery supplied by NZ Post to Rescue Beacon for the delivery of the Equipment to the Hirer, Hirers agent, representative, or Hirer specified delivery point is deemed to be Proof of Delivery of the Equipment to the Hirer for the purposes of the agreement between the Hirer and Rescue Beacon.
(b) Both Rescue Beacon and the Hirer acknowledge and accept the statement by New Zealand Post that any CourierPost package lodged with NZ Post prior to 5 pm one day will be targeted for delivery to the consignee at any location in NZ the next day with Rural Delivery addresses taking up to one day longer. Accordingly it is agreed between Rescue Beacon and the Hirer that in the event of NZ Post for whatsoever reason not delivering the Equipment to the Hirer or taking longer than these stated times for delivery or return of Equipment that the respective contract for hire between Rescue Beacon and the Hirer together with all of its Terms and Conditions shall stand without changes or refunds of any type and that both Rescue Beacon and the Hirer shall each hold the other blameless and free of any further charges or consequences in this regard.
9 SECURITY DEPOSIT
The Hirer, if a non New Zealand resident, agrees to the Owner making or reserving a charge, in addition to the hire cost, of up to Five Hundred dollars (NZ$500) per beacon hired by the Hirer from Rescue Beacon, on the Hirer’s Credit Card at the time of hiring the Equipment as a Security Deposit to secure to the Owner the due performance by the Hirer of all of the Hirer's obligations under this Agreement. If the Hirer breaches any of its obligations under this Agreement the Owner shall have the right to apply the Security Deposit either in whole or in part towards the monies owing under this Agreement by the Hirer to the Owner and/or towards the cost of replacement or rectification of the Equipment, provided however, that the Owner shall not be prevented from recovering from the Hirer damages for any breach of this Agreement when such damages are in excess of the amount of the Security Deposit. The Hirer further agrees to the Owner making or reserving a charge, in addition to the hire cost, and the Security Deposit on the Hirer’s Credit Card to cover (at the Owners option) the whole or part of any such damage in excess of the amount covered by the Security Deposit.
10 RESCUE PUBLICITY.
The Hirer agrees that in the event of being rescued following the use of a Beacon(s), that the Hirer will give all consents and assistance to Rescue Beacon to help them make full use of the event to promote the use of Distress Beacons including the unlimited use of the rescue event and rescue photographs and details and also the Hirer’s name and town (but not the Hirer’s address).
11 CLAIMS. The Hirer agrees to use the Equipment at the Hirer’s own risk and that Rescue Beacon makes no representation as to the adequacy, suitability or effectiveness of the Unit. The Hirer agrees that Rescue Beacon is not responsible for any costs or consequences whatsoever resulting from the Hirer renting Equipment from Rescue Beacon. Further the Hirer agrees:-
(a) to hold harmless and indemnify Rescue Beacon and its representatives from any claim whatsoever, including but not limited to injury, loss, property damage and any third party claims resulting from the use or misuse of the hired Equipment.
(b) to release and hold harmless Rescue Beacon from all claims by the Hirer of whatsoever type and howsoever caused.
12. NO REFUNDS.
Once Booked and Paid for, refund of the hire fee will not be made in any circumstances, including, but not limited to, when the Unit has not been used due to bad weather, change of plans or sickness.
13 NZ LAW.
It is agreed by the Hirer that all disputes, issues and matters of whatsoever type associated with or resulting from the hire of the Equipment howsoever arising that are unable to be mutually resolved between the Hirer and Rescue Beacon shall be governed and construed in accordance with New Zealand laws and shall be determined in the Hastings District Court, Hawkes Bay, New Zealand.
14 GENERAL.
(i) The parties who are signatories to the hire agreement warrant that they are not aware of any reason preventing them from joining or signing the hire agreement.
(ii) It is agreed between the Hirer and Rescue Beacon that whilst a Credit Card is the preferred and stated method of payment to Rescue Beacon by the Hirer(s) for payment of hire charges or penalties. It is further agreed that nothing, in these Terms and Conditions of Hire, in the event that a Credit Card is not or cannot for whatsoever reason be used for such purposes, (i) shall prevent Rescue Beacon from accepting or pursuing other methods of payment for hire charges or penalties, as the case may be, nor (ii) shall absolve any Hirer(s) from their obligations set out in these Terms and Conditions of Hire.
(iii) These Terms & Conditions of Hire comprise the sole Terms & Conditions between the parties and any and all prior agreements whether verbal or written are hereby revoked and rendered Nul and Void. Any variations to these Terms & Conditions can only be made in writing and must be signed by all of the Parties.
(iv) Should any Article or Clause of these Terms & Conditions prove unenforceable then that Article or Clause shall not detract in any way from the enforcement, spirit, agreement or covenants of the remainder of the Terms & Conditions.
IMPORTANT
PLEASE NOTE, when returning to the "HIRE FORM' from reading these Terms & Conditions you MUST use your COMPUTER "Back" button NOT the website "Hire Form" button else all your previously entered details on the Hire Form will be lost.
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