Mahy Crane Hire Terms Of Hire

Definitions

"Crane" means a crane hired by Mahy Crane Hire to the Customer (whether the original crane hired or any substitute), and includes all accessories and other Equipment belonging to Mahy Crane Hire attached to the crane or to be used in connection with it. For the purposes of these Terms and Conditions, the crane shall be deemed to be the property of Mahy Crane Hire, whether such is the fact or not.

1.2 Mahy Crane Hire means Mahy Crane Hire 2008 ltd, or any agents or employees thereof.

1.3 "Customer" means any person, corporation or other entity hiring Equipment and Services, their agents and employees, successors, assigns or any person acting on behalf of that person, corporation or entity.

1.4 "Equipment" means all equipment and materials provided by Mahy Crane Hire 2008 ltd to the Customer including, without limitation, all Cranes (with or without operators), hoists, vehicles and pre-cast buildings and any fee or charge associated with the supply of such equipment.

1.5 "Services" means any services provided by Mahy Crane Hire 2008 ltd to the Customer in relation to the Equipment including, without limitation, any transport services, labour hire or advice and any fee or charge associated with the supply of such services.

1.6 "Price"means the cost of the Equipment and Services as agreed between Mahy Crane Hire 2008 ltd and the Customer subject to clause 4 of these Terms and Conditions.

HIRE OF EQUIPMENT AND SERVICES

1a The Customer agrees to hire the Equipment and otherwise accept the supply of the Services from Mahy Crane Hire 2008 ltd in accordance with these Terms and Conditions.

ACCEPTANCE

2.1 Any instructions received by Mahy Crane Hire 2008 ltd from the Customer for the supply of Equipment and Services including Equipment and Services that Mahy Crane Hire 2008 ltd has ordered or is required to order from overseas shall constitute a binding contract and acceptance of these Terms and Conditions.

COLLECTION AND USE OF INFORMATION

3.1 The Customer authorises Mahy Crane Hire 2008 ltd to collect, retain and use any information about the Customer, or for the purpose of assessing the Customer's credit worthiness, enforcing any rights under this contract, or marketing any Equipment and Services provided by Mahy Crane Hire 2008 ltd to any other party.

3.2 The Customer authorises Mahy Crane Hire 2008 ltd to disclose any information obtained to any person for the purposes set out in clause 3.1. 3.3 Where the Customer is a natural person, the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993. PRICE

4.1 Where no Price is stated in writing, the Equipment and Services shall be deemed to be hired at the current amount as such Equipment and Services are hired by Mahy Crane Hire 2008 ltd at the time of the contract.

4.2 The Price may be increased by the amount of any reasonable increase in the cost of supply of the Equipment and Services that is beyond the control of Mahy Crane Hire 2008 ltd between the date of the contract and delivery of the Equipment and Services.

4.3 Mahy Crane Hire 2008 ltd may require the payment of a deposit, the sum of which will be determined by Mahy Crane Hire 2008 ltd in its sole discretion.

4.4 Mahy Crane Hire 2008 ltd reserves the right to revise its rates of hire and related charges without notice.

PAYMENT

5.1 Unless otherwise agreed, all Equipment and Services supplied must be paid for in full on or before seven (7) days following the date of the invoice ("the Due Date").

5.2 Interest may be charged on any amount owing after the Due Date at the rate of 2.5% per month or part month, and will, if so charged, be paid by the Customer.

5.3 Without limiting clause 8.3, the Customer shall upon demand, pay or reimburse the Equipment owner for any expenses, disbursements and legal costs incurred by Mahy Crane Hire 2008 ltd, in the enforcement of any rights, powers or remedies under or in relation to these Terms and Conditions, including, without limitation, any reasonable solicitor's fees, other legal and court costs and debt recovery expenses.

5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

5.5 A deposit may be required before the provision of Equipment and Services. QUOTATION

6.1 Where a written quotation is given by Mahy Crane Hire 2008 ltd for Equipment and Services:

6.1.1 The quotation shall be valid for thirty (30) days from the date of issue; and

6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.

6.2 Where Equipment and Services are required in addition to the quotation, the Customer agrees to pay for the additional cost of such Equipment and Services.

6.3 Any quoted prices may be subject to certain requirements provided by Mahy Crane Hire 2008 ltd to the Customer which are to be read in addition to these Terms and Conditions. Only written quotations are binding on Mahy Crane Hire 2008 ltd.

DISPUTES

7.1 No claim relating to Equipment and Services will be considered unless made within seven (7) days of delivery or, where appropriate, supply and erection.

7.2 In the event of any dispute or difference arising between the parties in respect of any matter concerning these Terms and Conditions, the parties shall in good faith in the first instance use their best endeavours to resolve the matter themselves.

7.3 In the event that the parties are not able to resolve the matter themselves, the parties may agree upon a formal mediation to be conducted by a mediator acceptable to both parties.

7.4 The Customer and Mahy Crane Hire 2008 ltd shall bear the costs of the mediator equally.

7.5 In the event that:

LIABILITY

8.1 The Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Mahy Crane Hire 2008 ltd which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Mahy Crane Hire 2008 ltd, Mahy Crane Hire 2008 ltd's liability shall only apply to the minimum extent required by the relevant statute.

8.2 Except as otherwise provided by clause 8.1, Mahy Crane Hire 2008 ltd shall not be liable for any loss or damage of any kind whatsoever whether suffered or incurred by the Customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Equipment and Services provided by Mahy Crane Hire 2008 ltd to the Customer except where such loss or damage arises directly from the negligence or default of Mahy Crane Hire 2008 ltd. Mahy Crane Hire 2008 ltd shall not in any circumstances be liable for any indirect or consequential loss or damage (including, without limitation, loss of profits or revenue) incurred by the Customer or any other person.

8.3 The Customer shall indemnify Mahy Crane Hire 2008 ltd against all claims and loss of any kind whatsoever however caused or arising brought by any person in connection with any matter, act, omission, or error in connection with the Equipment and Services unless Mahy Crane Hire 2008 ltd is responsible for such claims or losses under Clause 8.1 or 8.2.

8.4 Mahy Crane Hire 2008 ltd will not be liable for any loss or damage of any kind whatsoever arising from any Equipment not arriving on time or from deficiencies in the performance or reliability of any Equipment.

8.5 No party shall have any claim against the Crane Association of New Zealand (Inc) nor shall the Crane Association of New Zealand (Inc) be liable for any matter arising from or relating to the Crane Hire Agreement or these Terms and Conditions generally.

CUSTOMER'S HEALTH & SAFETY OBLIGATIONS

9.1 Mahy Crane Hire 2008 ltd's staff, customer and sub-contractor handbook ("the Handbook") sets out certain responsibilities relating to the health and safety responsibilities of the Customer. The Customer shall, when using the Equipment and Services, comply with the responsibilities in the Handbook, which shall be made available to the Customer on request to Mahy Crane Hire 2008 ltd. The contents of the Handbook are to be read together with and form part of this contract.

9.2 The Customer shall comply with its obligations under the Health and Safety in Employment Act 1992 (and any applicable regulations or codes of practice made pursuant to that Act including, but not limited to, the HSE (Pressure Equipment, Cranes and Passenger Ropeways) Regulations 1999) to ensure that, in performing its obligations under this contract, a safe working environment exists for:

HIRE OF EQUIPMENT AND SERVICES

10.1 Where Equipment is hired from Mahy Crane Hire 2008 ltd:

10.1.1 The Customer shall not part with possession of the Equipment AND shall not sublet, sell, or attempt to alienate the Equipment in any way, or grant a security interest in, or deal with the Equipment in any way that may be prejudicial to Mahy Crane Hire 2008 ltd ;

10.1.2 Except as otherwise provided by these Terms and Conditions, the Customer shall be liable for any damage to, or loss of, the Equipment however caused AND in the event of any Equipment being damaged or lost the Customer shall pay to Mahy Crane Hire 2008 ltd the cost of making good the repair to the Equipment or the cost of replacing the Equipment whichever is the lesser; 10.1.3 Slings:

Mahy Crane Hire 2008 ltd will supply its standard selection of slings and lifting Equipment but accepts no responsibility for loss or delay if these are found to be unsuitable for the purpose required. All slings and ancillary Equipment shall be used by the Customer at the sole risk of the Customer. Mahy Crane Hire 2008 ltd does not accept responsibility for the correct use of slings or lifting Equipment or for the method of slinging. If any slings or lifting Equipment belonging to Mahy Crane Hire 2008 ltd are destroyed or damaged, the Customer shall pay to Mahy Crane Hire 2008 ltd the cost of replacement or repair (as the case may be) resulting from that destruction or damage;

10.1.4 Site Conditions and Access:

The Customer will ensure:

Should the Crane need to be towed into or out of the site, the cost shall be additional to the rate quoted and will be to the Customer's account;

10.1.5 Use and Handling of Crane:

The Crane operator shall be under the direction and control of Mahy Crane Hire 2008 ltd. The Customer alone shall be responsible for all claims arising in connection with the operation of the Crane by the operator;

The Customer shall not: