Terms and Conditions

GEAR HUB LIMITED TERMS AND CONDITIONS

Introduction

Gear Hub Limited has established a platform through which owners of Equipment may hire that Equipment out to third parties.

  1. Definitions

The following words will have the following definitions in these Terms and Conditions unless the context requires otherwise.

Introduction

Gear Hub Limited has established a platform through which owners of Equipment may hire that

Equipment out to third parties.

1. Definitions

The following words will have the following definitions in these Terms and Conditions unless the

context requires otherwise.

1.1. Equipment – means any tractor, digger, harvester, implement or other machines for hire on the Gear Hub website.

1.2. Gear Hub – means Gear Hub Limited (Company Number 7283617).

1.3. Gear Hub website – means.

1.4. Hirer – means the person that hires or offers to hire the Equipment.

1.5. Hire Agreement – means the agreement for the hire of Equipment by the Hirer from the Owner facilitated through the Gear Hub website.

1.6. Hire Fee – means the payment made by the Hirer to Gear Hub for the hire of the Equipment and includes any delivery charges or late fees.

1.7. Owner – means the person who lists the Equipment for hire on the Gear Hub website.

1.8. Owner’s Equipment Record – means the record kept by the Owner, in the form prescribed by Gear Hub, of the condition of the Equipment both prior to the Equipment being hired and when the Equipment is returned.

1.9. Terms and Conditions – means these Terms and Conditions as amended by Gear Hub from time to time.

2. Acceptance

2.1. The listing of any Equipment to hire, or the hire or offer to hire of any Equipment on the Gear Hub website is acceptance of these Terms and Conditions.

2.2. These Terms and Conditions may be amended by Gear Hub at any time at its sole discretion.

2.3. Gear Hub is not a party to the Hire Agreement for the hireage of specific Equipment, it may enforce any parts of any Hire Agreement that are for its benefit pursuant to section 12 of the Contracts and Commercial Law Act 2017.

2.4. Neither the Owner or a Hirer that are introduced to each through the Gear Hub website, may hire any Equipment listed on the Gear Hub website between themselves without using the Gear Hub website.

2.5. On agreeing to these Terms and Conditions, and using the Gear Hub website (www.gearhub.co.nz) users are also agreeing to the privacy policy.

3. Exclusion of Warranties

3.1. For the purposes of the Consumer Guarantees Act 1993 any products or services provided via the Gear Hub website are acquired for business purposes and to the greatest degree possible any warranties implied by the Consumers Guarantees Act 1993 are excluded.

3.2. To the greatest extent permissible by law all warranties or other provisions which would otherwise be implied into these Terms and Conditions and/or the Hire Agreement are excluded.

4. Hire Contract

4.1. The Owner and the Hirer agree any Hire Agreement between them facilitated by Gear Hub and/or the Gear Hub website will be on the terms set out in these Terms and Conditions.

4.2. The Owner and the Hirer agree that the Hire Agreement to hire the Equipment will be in place and binding once the Owner has accepted the Hirer’s booking request.

4.3. The terms of the Hire Agreement will be as set out in the Hirer’s booking request, the Owner’s listing and these Terms and Conditions. Where there is any conflict these Terms and Conditions override any other terms.

4.4. The Hirer agrees there is no right of renewal, and if the contract is to be extended this needs to be done using the Gear Hub website and agreed by the Owner.

4.5. The hire period is the time between the agreed pick up time and drop off time between the Owner and Hirer on the dates agreed between the Hirer and Owner.

4.6. If the Equipment is not returned on time:

4.6.1. Contact needs to be made with Gear Hub;

4.6.2. Gear Hub will contact the Hirer;

4.6.3. Additional hire fees and charge will be payable.

4.7. For each 24-hour period the Equipment has not been returned, an additional day rate plus a late fee of 10% of the daily rate will be charged.

4.8. Where, rather than payment prior to pick-up, an invoice is sent allowing payment after pick-up of the Equipment, late payment after the due date for the invoice, as set out in the invoice, will accrue a late fee of 7% per annum calculated on a daily basis from the due date for payment until payment is received. The Owner may charge the Hirer any costs incurred by the Owner in pursuing the Hirer for payment including legal costs on a solicitor-own-client basis.

4.9. Delivery of the Equipment can be offered at a fee determined by the Owner and only agreed upon by the Owner if requested by the Hirer. Payment of any delivery charge will be included in the original price paid to Gear Hub.

4.10. There is no refund for any delivery charge if delivery is not required by the Hirer after payment.

4.11. If the Owner fails to deliver the Equipment, then the Hirer may elect to have a full refund of the Hire Fee.

4.12. If the booking is cancelled after payment;

4.12.1. Cancelled by the Owner- a full refund, minus booking and service fee is given

4.12.2. Cancelled by the Hirer- more than 48 hours notice; refund minus booking and service fee, or, if agreed on with the gear owner, a change to booking dates.

5. Price and Payment

5.1. Payment is made from the Hirer to the Owner through and only through Gear Hub. Gear Hub uses an external payment system POLi and all payments are subject to POLi’s terms and conditions (if any).

5.2. Unless agreed otherwise payment is to be made before the Equipment is picked up from the Owner.

5.3. Payment includes the Equipment hire per day multiplied by the number of days, plus delivery fees (if any).

5.4. All prices are GST inclusive.

5.5. Gear Hub will deduct a service fee of 15% (excluding/including GST) of the Hire Fee prior to transferring the balance of the Hire Fee to the Owner on the 20th day of the month following the end of the hire of the Equipment.

As an example only: If the hire ends on 12 June then the Owner would be paid on 20 June.

6. Owner’s Responsibilities

The Owner warrants:

6.1. All Equipment listed through Gear Hub is in a reasonably usable condition, and otherwise as represented by the Owner on the Gear Hub website.

6.2. Any Equipment with an operating power take-off (PTO) must have a PTO cover that is in working order and not damaged.

6.3. The Equipment will be hired out in a clean condition free from debris, bird nests or other materials. Any damage will be pre-recorded in the Owner’s Equipment Record.

6.4. The Owner will complete the Owner’s Equipment Record both prior to the hire of the Equipment and when the Equipment is returned to them.

6.5. For any Equipment that requires fuel, oil, lubricants or any similar consumable then this will be at full before the Equipment is picked up by, or delivered to, the Hirer. Fuel type e.g. Diesel, must be listed on Gear Hub’s listing.

6.6. It will allow Gear Hub at any time to inspect the Equipment and/or any licence required to operate the Equipment.

6.7. The Owner has the authority to hire out the Equipment.

7. Hirer’s Responsibilities

7.1. All Equipment must be returned on time.

7.2. All Equipment must be returned in a clean manner, free from debris, bird nests or other materials at the Hirer’s expense, and otherwise in the same condition it was hired in, fair wear and tear excepted.

7.3. Any Equipment that is hired that uses fuel, oil, lubricant or any similar consumable must, at the Hirer’s expense, be returned with these at the same level that they were when the Equipment was picked up.

7.4. Only the Hirer, or the agent or employees of the Hirer can operate the Equipment.

7.5. The Hirer warrants it has the skills and/or any licence required to operate the Equipment. It is the responsibility of the Hirer to determine whether their skills are sufficient for the Equipment.

7.6. The Equipment must remain in the Hirer’s possession and control, and the Hirer cannot sub lease or licence any Equipment to other individuals.

7.7. The Hirer accepts full responsibility for and indemnifies Gear Hub and the Owner against all claims in respect of any injury to persons or damage to property arising out of the use of Equipment during the hire period however arising.

7.8. The Hirer will not alter, or make any additions to, the Equipment.

7.9. The Hirer accepts full responsibility for any costs or liability due to the Equipment obstructing any third party. The Hirer also accepts full responsibility for any costs or liability due to the Equipment being in a location that it should not be or if the Equipment, Gear Hub or the Owner receives any fines, towage or seizure costs or impoundment costs while the Equipment is in the custody of the Hirer including any police fines.

7.10. The Hirer will allow Gear Hub to inspect the Equipment at any time.

7.11. The Hirer will, while using the Equipment, comply with all current codes of practice and regulations, including any pursuant to the Health and Safety at Work Act 2015.

7.12. Use all Equipment only for the purpose the Equipment was designed including complying with any maximum or minimum requirements.:

7.13. The Equipment shall be checked at pick up and drop off along with prior to daily use to ensure:

7.13.1. Radiator water is sufficient;

7.13.2. Battery in working order;

7.13.3. Required maintenance up to date;

7.13.4. Oil and fuel are at satisfactory levels;

7.13.5. Tyres are at satisfactory standards;

7.13.6. Any marks, dents, scrapes are recorded;

7.13.7. All hydraulics are in working order; and

7.13.8. PTO shaft has protective cover in working order.

7.14. If the Hirer perceives that the above are insufficient then a refund may be requested through Gear Hub provided that the Hirer; does not use the item, does not take the item from the owners property, and that the Hirer informs Gear Hub of the situation within 24 hours. A refund may be given (minus booking and service fee).

7.15. The Hirer warrants it has the authority to Hire or make an offer to Hire the Equipment.

8. Damage and Breakdown

8.1. The Hirer and / or Owner must notify Gear Hub immediately following any accident and within 24 hours (whether including damage to a person or property), mechanical or other damage to the Equipment, or a breakdown of the Equipment. The Hirer and/or Owner will deal with the Equipment as per Gear Hub’s instructions if any.

8.2. The Hirer and/ or Owner must provide a written record to Gear Hub of any incident set out in clause 8.1. within 24 hours .

8.3. The Hirer will pay all costs arising from any repairs to the Equipment arising from the use of the Equipment by the Hirer, provided that the Hirer will not be liable for fair wear and tear.

8.4. If there is any dispute over whether any damage is or is not fair wear and tear Gear Hub will appoint an independent mechanic at the joint cost of the Hirer and Owner who will give a written opinion on this, which will be determinative, provided that Gear Hub were notified of the damage within 24 hours.

8.5. The Hirer will not undertake any repairs to the Equipment without Gear Hub’s consent, except where repairs are required urgently to reduce any further damage.

8.6. If any Equipment breaks down due to fair wear and tear then the Hirer will be reimbursed for each full day the Equipment is unavailable to be used.

9. Insurance and Risk

9.1. For the duration of the hire of the Equipment, the Equipment is at the risk of the Hirer.

9.2. It is the responsibility of the Hirer to ensure the Equipment is adequately insured while hired out by the Hirer. Neither the Owner or Gear Hub make any representations about the adequacy of any insurance cover, even if this is through the Owner’s insurance or arranged through Gear Hub.

9.3. Either the Owner or Gear Hub can require the Hirer at any stage to provide evidence to them in the form stipulated by Gear Hub (if any), to them of the Hirer’s insurance cover for the Equipment.

10. Health and Safety

10.1. The Hirer warrants that it is and will continue to be fully compliant with its obligations under the Health and Safety at Work Act 2015 and any substituting or amending legislation.

11. Limitation of Liability

11.1. Gear Hub shall be under no liability to the Hirer or the Owner for any loss whether direct or indirect, and/or expense suffered by Hirer or Owner arising out of a breach by any party, including Gear Hub, of these Terms and Conditions.

11.2. For a breach of the Terms and Conditions by Gear Hub the remedies of the Hirer shall be limited to damages. Under no circumstance shall the liability of Gear Hub or the Owner exceed the price of the Equipment.

11.3. Neither Gear Hub or the Owner will be responsible for the contents of any instructions, either verbal or written, given to the Hirer regarding the operation of the Equipment.

12. Indemnity

12.1. Both the Owner and Hirer indemnify to the fullest extent allowable by law, Gear Hub, for any loss suffered by Gear Hub due to any Hire Agreement entered into under these Terms and Conditions.

13. Dispute Resolution

13.1. If any dispute arises between the parties concerning these Terms and Conditions or any Hire Agreement entered into pursuant to those Terms and Conditions, then the parties will enter into negotiations in good faith to resolve the dispute. If the dispute is not resolved within one month of the date on which the parties begin their negotiations the parties will submit to the arbitration of an independent arbitrator appointed jointly by the parties. If the parties cannot agree on the arbitrator within a further 14 days, the president for the time being of the New Zealand Law Society will appoint an independent arbitrator. The arbitration proceedings will be conducted in accordance with the Arbitrations Act 1996 and its amendments or any enactment passed in substitution.