1.1 “Webbline Agriculture” means Webbline Agriculture Limited, its successors and assigns or any person acting on behalf of and with the authority of Webbline Agriculture Limited.
1.2 “Customer” means the person/s buying the Goods (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Goods” means all Goods or Services supplied by Webbline Agriculture to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Equipment” means all Equipment including any accessories supplied on hire / demo / loan by Webbline Agriculture to the Customer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Webbline Agriculture to the Customer.
1.5 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Webbline Agriculture to the Customer.
1.6 “Price” means the Price payable for the Goods/Equipment sale / supply / hire as agreed between Webbline Agriculture and the Customer in accordance with clause 4 below.
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods/Equipment.
2.2 These terms and conditions may only be amended with Webbline Agriculture’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Webbline Agriculture.
2.3 In the event that Webbline Agriculture accepts a trade-in as part payment of purchase, Goods or machinery outright, then the Customer acknowledges and warrants that he/she owns the said property and that it is not in any subject to any security, charge, lien or hire purchase agreement.
3. Change in Control
3.1 The Customer shall give Webbline Agriculture not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Webbline Agriculture as a result of the Customer’s failure to comply with this clause.
4. Price and Payment
4.1 At Webbline Agriculture’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Webbline Agriculture to the Customer; or
(b) the Price as at the date of delivery of the Goods/Equipment according to Webbline Agriculture’s current price list; or
(c) Webbline Agriculture’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
4.2 At Webbline Agriculture’s sole discretion a non-refundable deposit will be required and any cancellation of an order will have said deposit forfeited in accordance with clause 18.2. In the event that the deposit is in the form of machinery traded in (at which time ownership of that machinery shall pass to Webbline Agriculture), then such machinery shall under no circumstances be returned to the Customer for any reason.
4.3 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Webbline Agriculture , which may be:
(a) before delivery of the Goods;
(b) by way of instalments/progress payments in accordance with Webbline Agriculture’s payment schedule;
(c) twenty (20) days following the end of the month in which the invoice is issued;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Webbline Agriculture.
4.4 Payment may be made by cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Customer and Webbline Agriculture.
4.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Webbline Agriculture an amount equal to any GST Webbline Agriculture must pay for any supply by Webbline Agriculture under this or any other agreement for the sale of the Goods/hire of the Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
5. Delivery of Goods/Equipment
5.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
(a) the Customer or the Customer’s nominated carrier takes possession of the Goods/Equipment at Webbline Agriculture’s address; or
(b) Webbline Agriculture (or Webbline Agriculture’s nominated carrier) delivers the Goods/Equipment to the Customer’s nominated address even if the Customer is not present at the address.
5.2 At Webbline Agriculture’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
5.3 The Customer must take delivery by receipt or collection of the Goods/Equipment whenever either is tendered for delivery. In the event that the Customer is unable to take delivery of the Goods/Equipment as arranged then Webbline Agriculture shall be entitled to charge a reasonable fee for redelivery of the Goods/Equipment and/or the storage of the Goods.
5.4 Webbline Agriculture may deliver the Goods/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.5 Any time or date given by Webbline Agriculture to the Customer is an estimate only. The Customer must still accept delivery of the Goods/Equipment even if late and Webbline Agriculture will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
6. Goods On Consignment
6.1 Where Goods are supplied on consignment the following provisions apply specifically to those Goods:
(a) the Goods shall be at the Customer’s risk from the time of delivery and the Customer shall be responsible for insuring the Goods; and
(b) the Customer may retain possession of the Goods until the Customer sells them or Webbline requires re-delivery of them to Webbline, whichever first occurs; and
(c) if Webbline requires re-delivery of the Goods such re-delivery shall be at the Customer’s cost.
6.2 Furthermore, consignment Goods shall at all times remain the property of Webbline and are returnable on demand by Webbline. In the event that the consignment Goods are not returned to Webbline in the condition in which the consignment Goods were delivered then Webbline retains the right to charge the cost of repair or replacement of the consignment Goods.
7. Risk to Goods
7.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Webbline Agriculture is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Webbline Agriculture is sufficient evidence of Webbline Agriculture’s rights to receive the insurance proceeds without the need for any person dealing with Webbline Agriculture to make further enquiries.
7.3 If the Customer requests Webbline Agriculture to leave Goods outside Webbline Agriculture’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.
8. Title to Goods
8.1 Webbline Agriculture and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Webbline Agriculture all amounts owing to Webbline Agriculture; and
(b) the Customer has met all of its other obligations to Webbline Agriculture.
8.2 Receipt by Webbline Agriculture of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
8.3 It is further agreed that:
(a) until ownership of the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must return the Goods to Webbline Agriculture on request.
(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Webbline Agriculture and must pay to Webbline Agriculture the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Webbline Agriculture and must pay or deliver the proceeds to Webbline Agriculture on demand.
(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Webbline Agriculture and must sell, dispose of or return the resulting product to Webbline Agriculture as it so directs.
(e) the Customer irrevocably authorises Webbline Agriculture to enter any premises where Webbline Agriculture believes the Goods are kept and recover possession of the Goods.
(f) Webbline Agriculture may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Webbline Agriculture.
(h) Webbline Agriculture may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
9. Personal Property Securities Act 1999 (“PPSA”)
9.1 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods/Equipment previously supplied by Webbline Agriculture to the Customer (if any) and all Goods/Equipment that will be supplied in the future by Webbline Agriculture to the Customer.
9.2 The Customer undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Webbline Agriculture may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Webbline Agriculture for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of Webbline Agriculture; and
(d) immediately advise Webbline Agriculture of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
9.3 Webbline Agriculture and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
9.4 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
9.5 Unless otherwise agreed to in writing by Webbline Agriculture, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
9.6 The Customer shall unconditionally ratify any actions taken by Webbline Agriculture under clauses 9.1 to 9.5.
10. Security and Charge
10.1 In consideration of Webbline Agriculture agreeing to supply the Goods/Equipment, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
10.2 The Customer indemnifies Webbline Agriculture from and against all Webbline Agriculture’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Webbline Agriculture’s rights under this clause.
10.3 The Customer irrevocably appoints Webbline Agriculture and each director of Webbline Agriculture as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Customer’s behalf.
11. Customer’s Disclaimer
11.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Webbline Agriculture or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by Webbline Agriculture and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
12. Consumer Guarantees Act 1993
12.1 If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Webbline Agriculture to the Client.
13.1 The Customer shall inspect the Goods/Equipment on delivery and shall within seven (7) days of delivery (time being of the essence) notify Webbline Agriculture of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Webbline Agriculture an opportunity to inspect the Goods/Equipment within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which Webbline Agriculture has agreed in writing that the Customer is entitled to reject, Webbline Agriculture’s liability is limited to either (at Webbline Agriculture’s discretion) replacing the Goods/Equipment or repairing the Goods/Equipment.
13.2 Goods/Equipment will not be accepted for return for any reason other than those specified in clause 13.1 above (or in the case of Equipment hire, normal termination of Equipment hire in accordance with the full terms and conditions herein).
14. Returns of Spare Parts
14.1 Returns will be accepted on spare parts only, provided that:
(a) the Customer has complied with the provisions of clause 13.1; and
(b) Webbline Agriculture has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Customer’s cost within fourteen (14) days of the delivery date; and
(d) Webbline Agriculture will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
14.2 Webbline Agriculture may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Goods plus any freight.
15.1 For Goods not manufactured by Webbline Agriculture, the warranty shall be the current warranty provided by the manufacturer of the Goods. Webbline Agriculture shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
15.2 To the extent permitted by statute, no warranty is given by Webbline Agriculture as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. Webbline Agriculture shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
15.3 In the case of second hand Goods, the Customer acknowledges that the Customer has had full opportunity to inspect the same prior to the sales order being signed, at which time it can be accepted that the Goods sold and are received “as is” and with all faults and that no warranty is given by Webbline Agriculture as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Webbline shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
16. Intellectual Property
16.1 Where Webbline Agriculture has designed, drawn or developed Goods/Equipment for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Webbline Agriculture.
16.2 The Customer warrants that all designs, specifications or instructions given to Webbline Agriculture will not cause Webbline Agriculture to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Webbline Agriculture against any action taken by a third party against Webbline Agriculture in respect of any such infringement.
16.3 The Customer agrees that Webbline Agriculture may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods/Equipment which Webbline Agriculture has created for the Customer.
17. Default and Consequences of Default
17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Webbline Agriculture’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
17.2 If the Customer owes Webbline Agriculture any money the Customer shall indemnify Webbline Agriculture from and against all costs and disbursements incurred by Webbline Agriculture in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Webbline Agriculture’s collection agency costs, and bank dishonour fees).
17.3 Notwithstanding clause 17.2 The Client shall also be liable for damages in the event that Webbline Agriculture experiences loss of income and additional legal costs incurred where Webbline Agriculture is required to dedicate time to debt recovery instead of its normal business practices (including, but limited to, time attending any court of law, dispute hearing or proceedings of any other kind).
17.4 Without prejudice to any other remedies Webbline Agriculture may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Webbline Agriculture may suspend or terminate the supply of Goods/Equipment to the Customer. Webbline Agriculture will not be liable to the Customer for any loss or damage the Customer suffers because Webbline Agriculture has exercised its rights under this clause.
17.5 Without prejudice to Webbline Agriculture’s other remedies at law Webbline Agriculture shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Webbline Agriculture shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Webbline Agriculture becomes overdue, or in Webbline Agriculture’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
18.1 Webbline Agriculture may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are delivered by giving written notice to the Customer. On giving such notice Webbline Agriculture shall repay to the Customer any money paid by the Customer for the Goods/Equipment. Webbline Agriculture shall not be liable for any loss or damage whatsoever arising from such cancellation.
18.2 Cancellation of orders for Goods will definitely not be accepted once a sales order contract has been signed by the Customer except at the express written approval of Webbline Agriculture, or as required by the Sale of Goods Act 1908. Where it is agreed that an order may be cancelled then the Customer shall become liable for any loss incurred by Webbline Agriculture as a direct result of the cancellation.
19. Privacy Act 1993
19.1 The Customer authorises Webbline Agriculture or Webbline Agriculture’s agent to:
(a) access, collect, retain and use any information about the Customer;
(i) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Customer.
(b) disclose information about the Customer, whether collected by Webbline Agriculture from the Customer directly or obtained by Webbline Agriculture from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
19.2 Where the Customer is an individual the authorities under clause 19.1 are authorities or consents for the purposes of the Privacy Act 1993.
19.3 The Customer shall have the right to request Webbline Agriculture for a copy of the information about the Customer retained by Webbline Agriculture and the right to request Webbline Agriculture to correct any incorrect information about the Customer held by Webbline Agriculture.
20. Unpaid Seller’s Rights
20.1 Where the Customer has left any item with Webbline Agriculture for repair, modification, exchange or for Webbline Agriculture to perform any other service in relation to the item and Webbline Agriculture has not received or been tendered the whole of any moneys owing to it by the Customer, Webbline Agriculture shall have, until all moneys owing to Webbline Agriculture are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
20.2 The lien of Webbline Agriculture shall continue despite the commencement of proceedings, or judgment for any moneys owing to Webbline Agriculture having been obtained against the Customer.
21.1 The failure by Webbline Agriculture to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Webbline Agriculture’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
21.3 Webbline Agriculture shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Webbline Agriculture of these terms and conditions (alternatively Webbline Agriculture’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).
21.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Webbline Agriculture nor to withhold payment of any invoice because part of that invoice is in dispute.
21.5 Webbline Agriculture may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
21.6 The Customer agrees that Webbline Agriculture may amend these terms and conditions at any time. If Webbline Agriculture makes a change to these terms and conditions, then that change will take effect from the date on which Webbline Agriculture notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Webbline Agriculture to provide Goods/Equipment to the Customer.
21.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
21.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
Additional Terms & Conditions Applicable to Hire Only
22. Hire Period
22.1 Where the Equipment does not have a timing device installed hire charges shall commence from the time the Equipment is collected by the Customer from Webbline Agriculture’s premises and will continue until the return of the Equipment to Webbline Agriculture’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
22.2 If Webbline Agriculture agrees with the Customer to deliver and/or collect the Equipment, hire charges shall commence from the time the Equipment leaves Webbline Agriculture’s premises and continue until the Customer notifies Webbline Agriculture that the Equipment is available for collection, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
22.3 The date upon which the Customer advises of termination shall in all cases be treated as a full day’s hire.
22.4 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless Webbline Agriculture confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Customer notifies Webbline Agriculture immediately in writing, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Customer.
23. Risk to Equipment
23.1 Webbline Agriculture retains property in the Equipment nonetheless all risk for the Equipment passes to the Customer on delivery.
23.2 The Customer accepts full responsibility for the safekeeping of the Equipment and indemnifies Webbline Agriculture for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer.
23.3 The Customer accepts full responsibility for and shall keep Webbline Agriculture indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising and whether or not arising from any negligence, failure or omission of the Customer or any other persons.
24. Title to Equipment
24.1 The Equipment is and will at all times remain the absolute property of Webbline Agriculture.
24.2 If the Customer fails to return the Equipment to Webbline Agriculture then Webbline Agriculture or Webbline Agriculture’s agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
24.3 The Customer is not authorised to pledge Webbline Agriculture’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
25. Customer’s Responsibilities
25.1 The Equipment shall at all times remain the property of Webbline Agriculture and is returnable on demand by Webbline Agriculture. In the event that the Equipment is not returned to Webbline Agriculture in the condition in which it was delivered Webbline Agriculture retains the right to charge the Price of repair or replacement of the Equipment.
25.2 The Customer shall;
(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment;
(b) notify Webbline Agriculture immediately in writing of the full circumstances of any mechanical breakdown or accident. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification;
(c) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
(d) keep the Equipment, complete with all parts and accessories clean and in good order as delivered (including, but not limited to, maintaining water, oil and fluid levels, tyre pressures (including pneumatic punctures)) and shall comply with any maintenance schedule as advised by Webbline Agriculture to the Customer at the time of hire;
(e) keep the Equipment at the address that has been agreed upon by Webbline Agriculture and shall not move the Equipment from this location unless prior written authorisation has been provided by Webbline Agriculture;
(f) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Webbline Agriculture or posted on the Equipment;
(g) ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Webbline Agriculture upon request;
(h) comply with all occupational health and safety laws relating to the Equipment and its operation;
(i) not operate the Equipment is under the influence of alcohol or any other prohibited substance (as defined by the Misuse of Drugs Act 1975) or drug other than prescribed by a registered medical practitioner that may affect their ability to be in control of the Equipment;
(j) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Webbline Agriculture;
(k) employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;
(l) not exceed the recommended or legal load and capacity limits of the Equipment;
(m) not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
(n) not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
(o) indemnify and hold harmless Webbline Agriculture in respect of all claims arising out of the Customer’s use of the Equipment.
25.3 Immediately on request by Webbline Agriculture the Customer will pay:
(a) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Webbline Agriculture;
(b) all costs incurred in cleaning the Equipment;
(c) the cost of repairing any damage to the Equipment caused by the negligence of the Customer or the Customer’s agent;
(d) the cost of repairing any damage to the Equipment caused by vandalism, or (in Webbline Agriculture’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Customer;
(e) any lost hire fees Webbline Agriculture would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
(f) any insurance excess (being a maximum of $2,500.00 excl GST for any one claim) that is payable in relation to a claim made by the Customer in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Customer;
(g) any levies, fines, tolls, penalties, or other government charges arising out of the Customer’s use of the Equipment.
25.4 The Client accepts full responsibility for the safekeeping of the Equipment and effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim in accordance with clause 26.
26.1 The Customer acknowledges all Equipment (including but not limited to Demo and/or Loan Equipment) shall be insured and such cost will be covered in the hire charges, unless otherwise agreed in writing by both parties that the Customer nominates their own insurance provider to arrange insurance cover for the Equipment. Such insurance cover must insure both the Customer and Webbline Agriculture to insure against accident, fire, theft and all other usual risks associated with the use of the Equipment during the hire period including, but not limited to:
(a) loss of, or damage to the Equipment, its accessories and spare parts; and
(b) any consequential loss of revenue or other expenses which may be incurred by Webbline Agriculture (including lost hire fees, and salvage costs associated with the recovery of the Equipment its accessories and/or spare parts, appraisal costs, or storage fees); and
(c) damage to third party property, personal injury or death.
26.2 The Customer acknowledges that the content of the relevant insurer’s insurance policy document shall determine the inclusions and exclusions of cover and the protections provided by the insurer and it shall be the Customer’s responsibility to fully apprise themselves of the content of the relevant insurer’s insurance policy document prior to removing any hire Equipment from Webbline Agriculture’s premises.
26.3 Where the Customer nominates their own insurance company for cover then the Customer shall provide to Webbline Agriculture a certificate of currency upon request, Furthermore, Webbline Agriculture reserves the right to reject any policy of insurance that it deems as being inadequate to protect Webbline Agriculture’s interests.
26.4 Where Webbline Agriculture’s insurer is providing the insurance cover then unless otherwise stated in writing the Customer shall not be covered under said policy of insurance where the damage, injury or loss arises when:
(a) the Equipment was operated in an unsafe condition that arose during the course of the Hire and that caused or contributed to the damage or loss, and the Customer or the Customer’s agent was aware of or ought to have been aware of the unsafe condition of the Equipment; or
(b) the Customer fails to adhere to clause 25.2; or
(c) the Equipment is wilfully or recklessly damaged either by the Customer, or any other person named on the front of this form, or any person operating the Equipment under the authority of the Hirer; or
(d) the Equipment is operated outside the hire period or any agreed extension of that term.
26.5 The Customer acknowledges that:
(a) the Customer will be liable for the excess of $2,500 (excluding GST) on any one claim; and
(b) if an insurance claim is declined for any reason that they shall be liable for all costs incurred by Webbline Agriculture in replacing or repairing the Equipment its accessories and/or spare parts plus any consequential loss incurred by Webbline Agriculture.
27. Loss of Rental Income
27.1 The indemnities referred to in clause 26.1(b) in respect of any loss of rental fees shall be calculated at Webbline Agriculture’s daily rate by Webbline Agriculture where the Equipment needs repair and there is a waiting time incurred for such repairs to be completed due to damage and/or negligence by the Customer or if the Equipment becomes a write-off or has been stolen and any waiting time for a replacement Equipment.
Additional Terms & Conditions Applicable to Demo or Loan Equipment Only
28. Demo or Loan Equipment
28.1 Equipment shall at all times remain the property of Webbline Agriculture and is returnable on demand by Webbline Agriculture. In the event that Equipment is not returned to Webbline Agriculture in the condition in which it was delivered Webbline Agriculture retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all Webbline Agriculture shall have right to charge the Customer the full cost of replacing the Equipment.
28.2 The Customer shall:
(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.
(b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
(c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Webbline Agriculture to the Customer.