Conditions of Hire

1. HIRE PERIOD: The hire period commences at the time shown in the front of this form being the time the equipment is made available to the hirer at the Auckland Access yard and terminates on delivery of the equipment by the hirer back to the Auckland Access yard. The hirer will return the equipment before the date and time shown on the front of this form as the return time. If the hire equipment is not returned by the return time the hirer shall be charged for the additional time at Auckland Access standard rates. Auckland Access may at any time and without assigning any reason therefore either collect the equipment or require the hirer to return the equipment to the Auckland Access yard. 2. RESPONSIBILITY FOR CORRECT USE OF EQUIPMENT: Unless otherwise advised at the point of hire, the hirer warrants to the owner that the hirer is familiar with the correct operating procedures relative to the hired equipment. Auckland Access is happy to demonstrate the correct use of the equipment if so requested. 3. HIRERS RESPONSIBILITY: During the hire period the hirer will: Operate the equipment in a competent and careful manner and in accordance with the operator manuals provided or made available to the hirer and all the relevant laws, bylaws, regulations codes of practice or recognised conventions and not misuse, abuse or overload the equipment. Keep the equipment secure at all times and not leave the equipment unattended, ensure that any normal running or maintenance requirements of the equipment are met and generally take good care of and protect the equipment from theft or accidental damage. Immediately notify the owner if the equipment breaks down or is damaged, is interfered with or lost or destroyed. Indemnify the owner against any costs, claims, proceedings, loss or damage suffered by any third party arising out of the hirers use of the equipment or out of the breakdown damage or loss of the equipment or out of the delivery of the equipment to or retrieval thereof from the hirer by the owner. Not allow the equipment to be operated by any person other than the hirer or a duly qualified and competent employee or contractor to the hirer. If an operator is required, only the operator may operate the equipment. Indemnify the owner against all costs, claims, proceedings, damages and losses suffered or incurred as a consequence of any breach of this agreement by the hirer or its representatives or otherwise caused the hirer or its servants or agents. 4. BREAKDOWN LOSS OR DAMAGE: In the event of the equipment being damaged or being lost whilst on hire to the hirer then the hirer shall pay to the owner a sum equivalent to the cost of replacement or reinstatement of the equipment so damaged or lost. 5. HIRE CHARGES: The hirer will pay to the owner the hire rate and other charges, including non-refundable fuel for the hire period, at the rates set out on the front of this form. Hire rates are subject to change without notice. 6. THE HIRER will agree to additional charges on hire contracts as a consequence of: Damage due to misuse or negligence. Loss due to theft arising from the hirer having failed to take elementary precautions to protect and secure the equipment. Damage caused to tyre and tubes. Breach of this agreement. The hirer is responsible to pay the first $1,000.00 of any insurance claim made in association with damage as per above. 7. PAYMENT OF ACCOUNTS: Accounts are due on or before the 20th of the month following the date of the invoice. No discount will be allowed where any account is paid later than that date. Interest at the rate of 2.5% per month will be charged on all overdue accounts. GST is not included in the hire rate/s. 8. OWNERS AUTHORITY: The hirer authorises the owner and their employees to enter on to the property on which the equipment is to be used or has been used for the purposes of delivery or collection of the equipment. The hirer further authorises the owner and their employees to enter onto any premises of the hirer and as the act of the hirer to enter on any other premises where the equipment or any of the same or any part thereof is or may be for the purposes of taking possession of the same. Auckland Access will not be liable for any loss or damage of any nature (to any third party property) whatsoever incurred by the hirer during the delivery or retrieval of the equipment. 9. NO REPRESENTATIONS OR WARRANTIES BY THE OWNER: Auckland Access makes no warranty or representation as to the quality or fitness of the equipment for any purposes and no such warranty or representation shall be implied hereby or by law. Auckland Access will maintain their machinery to NZ safety standard requirements. 10. WARRANTY OF AUTHORITY: The person signing this document for and on behalf of the hirer (if not personally the hirer) warrants that he has the authority of the hirer to make this contract on the hirers behalf and that he is empowered by the hirer to bind the hirer to this agreement. The person so signing hereby indemnifies the owner against all costs, claims, proceedings, damages and losses that may be incurred by the owner arising out of the person so signing the agreement failing to have such power or authority and agrees to be personally bound by the terms hereof in such event. 11. NO ASSIGNMENT OR SUBLETTING: The hirer shall not assign its rights under the agreement, and shall not sublet or otherwise part with the possession of the equipment. 12. CONSEQUENTIAL LOSS: Auckland Access shall not be liable for any consequential or indirect loss arising from the hire of the equipment to the hirer, the use of or breakdown or failure to operate any hired equipment. 13. CONSUMER GUARANTEES ACT EXCLUSION: The hirer acknowledges that any goods supplied by way of hire by Auckland Access to the hirer are being hired for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 and of the Sale of Goods Act 1908 shall have no application to such supplies. 14. AGREEMENT: This agreement is the entire agreement between the hirer and the owner and may only be amended by the written agreement of the owner. The owner may terminate this agreement at any time and take possession of the equipment in accordance with clause 9. This Agreement is governed by New Zealand law.

Auckland Access Ltd PO Box 128 329 Remuera Auckland, 1541 021 352 992 daniel@aucklandaccess.co.nz

Account Application Company name: ________________________________________________________________________ Postal address: _________________________________________________________________________ Physical Address: _______________________________________________________________________ Managers name: ________________________________________________________________________ Account Managers name: _________________________________________________________________ Contact numbers: Business: ______________________ Fax:_________________________ Cellphone: _________________________ Business type: ____________________________________________________________ Order number: Required Not required

Bank and Branch: ____________________________________________________________ Trade References: ___________________________________________________________ 1. _____________________________________ 2. _____________________________________ 3. _____________________________________ Details of directors: Full name Ph: __________________________ Ph: __________________________ Ph: __________________________

Address

Phone number

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This form has been completed by: ______________________________ Title:__________________________ Declaration: I _______________________________________________ (name) Have read and agree to the terms and conditions of trade. Understand the terms and conditions of trade. Agree to the terms and conditions of trade. Agree that Auckland Access shall retain full ownership of all goods and services supplied. Undertake to pay the account as it falls due. Acknowledge that in default of prompt payment, interest will accrue at the rate of 2.5% per month. Agree all unpaid accounts will incur collection/legal fees. Signed _________________________________ Company Director/ Partner/ Proprietor/ Manager (circle one) Date: __________________________________