Terms and Conditions

Auckland Health Services Limited agrees to hire out Healthcare equipment to the hirer for an agreed hire period. The Hirer acknowledges having read and accepts these terms and conditions.

1. Definitions

“AHS” means Auckland Health Services Limited or its agents and employees.

“Equipment” means all equipment supplied by AHS to the Hirer, including consumables, accessories, parts, and tools supplied to the Hirer.

“Hire Charge” means the hire charges set by AHS.

“Hire Period” means the period between the Hire Start Date and date that the Equipment is returned to AHS’ premises, or when the hire period is terminated (whichever is earlier).

“Hirer” means the named hirer in the terms and conditions or the payer for the healthcare equipment.

“Property” means the location of the Equipment.

2. Hire Charges and Payment

2.1 The Hire Charge shall be as indicated at the time of booking healthcare equipment.

2.2 The Hire Charge includes GST

2.3 Time for payment for Hire Charges shall be at the time of booking.

2.4 Payment shall be due immediately upon issue of invoice or at the time of booking.

2.5 AHS may charge interest on overdue invoices at a rate of 3% per month.

2.6 Any expenses, disbursements and legal costs incurred by AHS in recovering possession of the Equipment and in the enforcement of any rights contained in this Hire Agreement shall be paid by the Hirer, including any reasonable solicitor’s fees or debt collection agency fees.

2.7 AHS may, in its sole discretion require a deposit from the Hirer. The deposit amount will be stipulated at the time the Equipment is ordered and shall become immediately due and payable. Where a deposit is paid by the Hirer to AHS, such deposit shall be non-refundable.

3. Hire Period

3.1 AHS will charge Hire Charges for the Hire Period.

3.2 The Equipment hire period will be confirmed at the time of booking. The hirer can extend their hire period by notifying AHS or completing the online order form.

3.3 AHS may in its absolute discretion decline to hire equipment to the Hirer at any time.

3.4 All Equipment is used at the Hirer’s risk and risk shall pass to the Hirer upon the commencement of the Hire Period until the end of the Hire Period.

4. Delivery and Collection of Equipment

4.1 Where AHS agree to deliver and collect the Equipment:

(a) Delivery and Collection charges apply depending on your location.

Please refer to AHS rental team or obtain a quote when ordering equipment.

(b) the Hirer authorises AHS to enter the Property to deliver and/or recover the Equipment at the end of Hire Period; and

(c) requests for collection must be made by telephone or email when the Hirer has finished with the Equipment. The Hirer must give AHS 24 hours’ notice to allow AHS to collect the Equipment.

5. Care of Equipment

5.1 The hirer must notify AHS within 24 hours of delivery if the equipment hired is not in expected working order. After this time, the equipment is otherwise deemed to be in good working order and condition. In order to repair, replace or issue a credit / refund, the equipment will need to be collected and tested and confirmed that it is not in a working order by AHS.

5.2 The Hirer acknowledges that the Equipment may not be new but all Equipment will be clean and in good working order for normal use as at the commencement of the Hire Period.

5.3 The Hirer must:

(a) not remove the Equipment from the Property except as part of the ordinary use of such Equipment;

(b) satisfy itself that the Equipment is suitable and in a condition for its purposes;

(c) ensure that the Equipment is operated:

(i) in accordance with the instructions provided by AHS; and

(ii) only for the purpose for which it was designed;

(d) at the Hirer’s expense, clean, maintain, keep and return the Equipment in good and substantial repair and condition, failing which AHS may charge the Hirer to reinstate the Equipment to its original condition at the time of commencement of the Hire Period;

(e) immediately notify AHS of any breakdown, damage, destruction, theft or loss of the Equipment and assist AHS’ enquiries in regards to the same (including filing a Police report). Breakdowns or damage resulting from negligence or misuse shall not in any circumstances shorten the Hire Period; and

(f) be liable for any loss, theft, damage or destruction of any Equipment during the Hire Period.

6. Ownership of Equipment

6.1 All Equipment shall remain AHS’ property and ownership.

6.2 Whilst the Equipment is in the Hirer’s possession, the Hirer shall:

(a) not tamper with, damage or repair the Equipment;

(b) not attempt to sell, assign, mortgage, lend or otherwise deal with or part with the possession or control of the Equipment or any part thereof;

(c) not alter or make any additions to the Equipment; and

(d) permit AHS or its agents at any time without notice to enter the Property and any premises at which AHS believes on reasonable grounds the Equipment to be stored, to inspect, remove, or repossess the Equipment.

7. Cancellation

7.1 If the Hirer:

(a) breaches these terms and conditions;

(b) becomes bankrupt, insolvent or ceases business,

then AHS may:

(c) terminate the terms and conditions;

(d) commence proceedings to recover all monies owing by the Hirer;

(e) recover the Equipment (and the Hirer authorises AHS to enter the Property or any other premises where the Equipment is located to remove and repossess the Equipment),

and AHS shall not be liable to the Hirer for any loss resulting from such termination.

7.2 Any payments due to AHS by the Hirer shall become immediately payable to AHS upon cancellation of the Hire Agreement.

7.3 If, at the end of the Hire Period, any item of Equipment is not returned to AHS, or is returned to AHS in a damaged state, the Hirer shall pay AHS:

(a) $1,500 for a wheelchair; or

(b) $350 for any other item of Equipment.

8. Liability

8.1 To the maximum extent permitted by law, AHS shall be under no liability whatsoever to the Hirer for any indirect loss and/ or expense (including loss of profit) suffered by the Hirer arising out of a breach by AHS of these terms and conditions (provided that this clause does not affect any rights the Hirer may have under any applicable consumer law legislation).

9. No Warranties

9.1 AHS expressly excludes all warranties and conditions to the fullest extent possible by law as to the state, quality, fitness for purpose of the Equipment and should AHS breach any of these terms and conditions, or warranty, AHS’ only liability shall be limited to supplying the Equipment again to the Hirer or otherwise repairing the Equipment, provided that this clause does not affect any rights that the Hirer may have under any applicable consumer law legislation.

10. Privacy Act 1993

10.1 The Hirer authorises AHS to collect, retain, disclose to any person and use any information about the Hirer, for the purpose of assessing the Hirer’s creditworthiness, enforcing any rights under these terms and conditions or marketing the Equipment provided by AHS to any other party. The Hirer has the right to access personal information (as defined in the Privacy Act) held by AHS and request corrections of any errors in that information.

11. General

11.1 If any of the terms and conditions is held by a Court to be ineffective by virtue of non-registration, illegality or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.

11.2 The law of New Zealand shall govern all contracts and the Hirer submits to the exclusive jurisdiction of the New Zealand courts.

11.3 AHS may license or sub-contract all or any part of its rights and obligations without the Hirer’s consent.

11.4 AHS is entitled at any time to assign to any other person all or part of the debt owing by the Hirer to AHS without the prior consent of the Hirer.

11.5 AHS shall not be liable for delay or failure to perform AHS’ obligations under this Hire Agreement if the cause of the delay or failure is beyond its control.