BETWEEN SWV PRODUCTIONS
Name or Company Name _________________________________
Name of Guarantor _______________________________________
(to be completed by Directors when hirer is a company or trust)
☑ ID Recorded
☑ SWV Productions
☑ Hirer’s Own
THIS AGREEMENT made the ___ day of ___
1. SWV Productions, Carterton, New Zealand (“SWV”)
2. ________________________ (the “Hirer”)
3. ________________________ (the “Hirer”)
A. SWV is the owner of the equipment detailed in Schedule One to this Agreement (the “Chattels”).
B. SWV has agreed to lease the Chattels to the Hirer on the terms set out in this Agreement.
IT IS AGREED BY THE PARTIES AS FOLLOWS
1.1 The Hirer shall be responsible for the collection and return of the Chattels to Carterton, New Zealand. SWV may direct the mode of delivery and the Hirer will at all times bear the risk and cost of delivery.
2. TERMS OF HIRE
2.1 The Hirer is liable for all damage to or loss or destruction of the Chattels from any cause whatsoever.
2.2 The Chattels will be deemed to be free from damage or defects at the time the Hirer takes possession of the Chattels.
2.3 In the case of loss or destruction to the Chattels the Hirer will pay to SWV on demand the full current new replacement cost of the Chattels.
2.4 In the case of damage to the Chattels the Hirer will pay to SWV the cost of repair and a sum (being liquidated damages) equivalent to hireage of the Chattels at the amounts recorded in Schedule Two to this Agreement for the period of repair.
2.5 If in SWV’s opinion additional technical checks or internal cleaning are required the Hirer will pay, in addition to the hireage charges, for such work at no cost to SWV.
2.6 The Hirer will at all times retain custody of and ensure that only the Hirer and/or its employees or agents having appropriate qualifications and experience are permitted to use the Chattels.
2.7 The Hirer shall ensure that it and its premises complies with all applicable laws, regulations and safety relating to the operation and use of the Chattels including, but not limited to, all environmental, health and safety laws and regulations.
2.8 The Hirer indemnifies SWV from any claim made by any third party in respect of any damage or loss to any third party whilst the Chattels are located on the Hirer’s premises, during collection and return of the Chattels to and from Carterton.
2.9 The Hirer will not sell, transfer, lend, re-hire or otherwise dispose of the Chattels to any other person and will not permit any of the Chattels to be subjected to any lien or security charge.
2.10 The Hirer will not without the prior written consent of SWV subject the chattels to any hazardous assignment or abnormal risk.
2.11 The Hirer will advise SWV at all times of the situation of the Chattels, and will not take the Chattels out of the studios in which they are presently housed without the written consent of SWV.
2.12 The Hirer will not attempt to dismantle, repair, adjust or otherwise interfere with the Chattels and the Hirer will be liable for any damage or defect arising from such interference.
2.13 The Hirer will promptly notify SWV of any damage or defect arising during the hiring and supply details of any incident that occurred during the hiring likely to cause defects or damage.
2.14 The Hirer will allow SWV access to the premises or location where the Chattels are for the time being for the purposes of inspecting, repairing or repossessing the Chattels.
2.15 The Hirer will, at the direction of SWV, affix to the Chattels identifying marks to record they are the property of SWV.
3.1 The Guarantor, jointly and severally guarantees to SWV, its successor and assigns, payment of all monies owing now or in the future to SWV by the Hirer and the return of the Chattels when required by SWV and do guarantee and warrant the observance by the Hirer of each and every terms as set out under this Agreement.
4. HIRE CHARGES
4.1 Hire charges for the Chattels are set out in Schedule Two to this Agreement.
4.2 The Hirer will pay to SWV such hire charges together with all delivery costs, government duties, taxes and expenses for which SWV may be liable to pay in with the hire of the Chattels.
5. RISK AND INSURANCE
5.1 The Chattels will be at the Hirer’s risk from the time the Chattels are collected by the Hirer until the time they are returned and accepted by SWV. Acceptance of Chattels by SWV does not release the Hirer from responsibility for loss, destruction or damage of the Chattels.
5.2 The Chattels must be insured by the Hirer with a reputable insurer and against all risks and otherwise on terms acceptable to SWV. Copies of insurance documents must be delivered to SWV.
5.3 Insurance policies must cover any hire charges incurred while lost, damaged or destroyed Chattels are being repaired, recovered or replaced.
5.4 SWV’s acceptance of the Hirer’s insurance does not reduce or alter the Hirer’s liability under this Agreement.
5.5 SWV must be noted as joint insured (and loss payee) under all insurance policies relating to hire. The Hirer will not: (a) do anything which may invalidate or prejudice any claim under any policy of insurance on the Chattels;
(b) subject any Chattels to abnormal or hazardous conditions or possible damage.
5.6 Notwithstanding any such insurance cover or the fact that a charge is made for it, the Hirer remains liable to SWV to the extent the insurance cover does not result in payment to SWV in satisfaction of the Hirer’s liability under this Agreement.
6.1 SWV may terminate this Agreement immediately if the Hirer is in breach of any clause of this Agreement. Where the breach is capable of remedy, SWV may give the Hirer 48 hour notice to remedy such breach and if not remedied, may immediately terminate this Agreement.
6.2 Upon termination of this Agreement, the Chattels shall be returned to SWV in Carterton in accordance with Clauses 1.1 and 2.1 to 2.5 under this Agreement.
7. PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)
7.1 The hire of the Chattels pursuant to this Agreement shall comprise a Security Agreement as defined in the PPSA for the purposes of the PPSA. SWV shall retain a Security Interest as defined in the PPSA in the Chattels. SWV and the Hirer agree in terms of section 107 of the PPSA that sections 114(1)(a), of the PPSA shall not apply to the enforcement by SWV of its Security Interest. The Hirer waives any rights it may have under sections 116, 120(2), 121, 125, 126, 127, 129, 133 and 134 of the PPSA upon enforcement. The Hirer waives its right to receipt of a financing statement or financing change statement in the terms of section 148 of the PPSA.
7.2 The Hirer shall not grant a security interest in the Chattels to a third party.
8. LIMITATION OF LIABILITY
8.1 SWV will not be liable to the Hirer in tort including negligence, contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the Chattels.
9.1 Each notice or other communication under this Agreement is to be in writing, is to be made by facsimile, email, personal delivery or by post to the addressee at the email address or address last known to the sender and is to be marked for the attention of the person or office holder designated for the purpose by the addressee to the other party.
9.2 No communication is to be effective until received. However a communication will be deemed to be received by the addressee:
(a) in the case of a email on the next day on which trading banks are open for business in Wellington, New Zealand on the day it was despatched or if despatched after 5pm (from the place of receipt) on the next day the trading banks are open for business;
(b) in the case of personal delivery when delivered; and
(c) in the case of a letter on the 5th day after its posting.
9.3 The address of SWV is 46 Victoria Street, Carterton 5713. The email address is email@example.com. All and communications are to be marked for the attention of ____________________.
9.4 The address of the Hirer is __________________. The email address is __________________. All communications are to be marked for the attention of
10.1 This Agreement is governed by the laws of New Zealand.
11.1 References to currency in this Agreement are to New Zealand dollars.
12.1 If during the continuance of the hire or at any time thereafter any dispute, difference or question shall arise between SWV and the Hirer in regard to the hire or to the construction of this Agreement or the rights or liabilities of SWV or the Hirer, that dispute, difference or question shall be referred to a sole Arbitrator to be agreed upon by SWV and the Hirer if they can agree upon one and otherwise to two Arbitrators (or to their Umpire in the case of disagreement) one to be appointed by each party and in either case in accordance with the provisions of the Arbitration Act 1908.
13. CONTRACTING OUT
13.1 The Agreement contains the whole of the terms of the contract between the parties and all other terms, conditions and warranties which might otherwise have been implied or have any application are hereby to the extent permitted by law expressly excluded.
14. THE PRIVACY ACT
14.1 The Hirer and any guarantor authorised SWV to collect and hold personal information from any source SWV considers appropriate to be used for the purposes of determining credit worthiness, or communicating promotional activities and product information, for debt collection purposes, or for any other related purpose. The Hirer is advised that it has a right of access to any personal information about the Hirer held by SWV, and may request the correction of such personal information.
The Chattels are leased to the Hirer by SWV from …………………….. to …………………….. on the following terms:
Payment of Hireage Charges shall be due in the manner designated by SWV. Payment is due on pickup unless prior arrangement has been made. If payment is not made in a timely manner, interest will accrue from the due date for payment on the amount outstanding at the rate of 2.5% per month. Any amount held due and payable in terms of this Agreement shall be liquidated debt and SWV shall be entitled at any time to commence proceedings against the Hirer for payment of the debt including legal and collection costs incurred by SWV.
Insurance is required by all Hirers. A copy of the Hirer’s Insurance Cover Note must be received on or before the first day of rental, else a 10% insurance charge will apply on the ex GST total rental amount. A $750 excess charge will apply for each claim while equipment is secured under SWV Insurance.
SIGNED by SWV PRODUCTIONS:
SIGNED for and on behalf of
__________________________ as the Hirer by: …………………………………………..