Equipment, the Owner reserves the right to have the weight of the proposed lift confirmed on a certified weighing

1.1 “The Owner” shall mean Prestige Cranes Limited, or any agents or employees thereof. 1.2 “Hirer” shall mean any person or legal entity hiring Equipment and/or contracting services from the Owner, or any successor, administrator or assignee.

1.3 “Equipment” shall mean:

1.3.1 the equipment (including cranes, other vehicles, mobile and fixed assets) hired by the Owner to the Hirer (whether or not the equipment is owned by the Owner and whether the original equipment supplied or any substitute) and all accessories and other equipment of the Owner attached to the equipment or to be used in connection with the equipment; and

1.3.2 shall also mean all services provided by the Owner to the Hirer, including the provision of an operator, salvage work, pre-cast concrete placement, plant installation, relocation, transport and cartage services and all advice provided by the Owner to the Hirer; and

1.3.3 shall also mean all charges for time and attendances, hire charges, port fees, traffic management, statutory or regulatory authority fees, induction costs, or any fee /charge associated with the supply of Equipment to the Hirer. 1.4 “Site” shall mean the place or location where the Equipment is to be operated or used.

2. ACCEPTANCE BY THE HIRER

2.1 Any instructions received by the Owner from the Hirer for the hire of Equipment shall constitute a binding agreement and acceptance of the terms and conditions contained herein (“agreement”). Please read carefully.

2.2 The Hirer acknowledges that the Owner has entered into this agreement on the basis of the information supplied to the Owner by the Hirer and warrants that the information is accurate and reliable.

2.3 No oral agreement, promise, collateral stipulation, representation, condition or warranty given or entered into by the Owner or by any agent or employee of the Owner and not in conformity with this agreement shall be binding upon the Owner, unless confirmed in writing by the Owner.

2.4 Unless otherwise agreed this agreement is a full-hire contract. This means that the Owner provides the Equipment operator, fuel and oil for the Equipment and attends to every day running repairs.

3. COLLECTION AND USE OF INFORMATION

3.1 The Hirer authorises the Owner to collect, retain and use any information, including photos, about the Hirer, for the purpose of assessing the Hirer’s credit worthiness, enforcing any rights under this agreement, or marketing the hire of Equipment by the Owner to any other party. Such information will be accessible to the Hirer and subject to correction by contacting the Owner’s Chief Executive Officer at the Owner’s registered office address.

3.2 The Hirer authorises the Owner to disclose any information obtained to any person, for the purposes set out in clause 3.1, although such authorisation may be withdrawn by the Hirer at any time in writing.

3.3 Where the Hirer 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.

4. HIRE PERIOD

4.1 The hire period begins from the time the Crane leaves the Owner’s depot and runs until the Owner’s returns or is returned to the Owner’s depot or this agreement is terminated pursuant to clause 14. The Owner’s sole determination of such times shall be conclusive and binding on the Hirer.

5. HIRE COST

5.1 Where no hire cost is stated in writing or agreed to orally, the Equipment shall be deemed to be hired at the current Standard Hourly rate applicable at the time of the contract for such Equipment as determined by the Owner (“the hire cost”).

5.2 The hire cost will exclude goods and services tax, traffic management costs, port fees, statutory or regulatory authority fees, induction costs and other incidental costs or charges, unless specifically stated in writing to be included. 5.3 Additional charges will be payable by the Hirer for any work performed outside normal business hours (6am to 6pm Monday to Friday) and on a Saturday, Sunday or a Public holiday. A minimum charge of 4 hours will apply to any “call outs” (jobs booked out side of normal hours) or weekend work and a minimum charge of 8 hours plus a “day in lieu” surcharge will apply for any work done on Statutory Public holiday.

6. PAYMENT

6.1 Payment of the hire cost, including progress payments and progress claims made in accordance with the Construction Contracts Act 2002 (“payment claim”) shall be made in full on or before the 20th day of the month following the date of the invoice or the payment claim (“the due date”), unless agreed otherwise by the Owner in writing.

6.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month. 6.3 Any expenses, disbursements and costs, including any reasonable legal fees or debt collection agency costs, incurred by the Owner in the enforcement of any rights contained in this agreement shall be paid by the Hirer. 7. QUOTATION

7.1 Where a quotation is given by the Owner for the hire of Equipment:

7.1.1 unless otherwise agreed the quotation is valid for thirty (30) days from the date of issue; and 7.1.2 the quotation is exclusive of goods and services tax, traffic management costs, port fees, statutory or regulatory fees, induction costs or other incidental costs, unless specifically stated to the contrary; and

7.1.3 the Owner reserves the right to alter the quotation because of circumstances beyond its control. 8. LIABILITY AND RISK

8.1 The Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Owner 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 the Owner, the Owner’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Hirer hires Equipment from the Owner for the purposes of a business in terms of that Act.

8.2 Subject to the provisions of clauses 8.1 and 8.4 together with the limitations of liability contained elsewhere in this agreement, the Owner shall not be liable for:

8.2.1 Any indirect or consequential loss or damage arising from the hire of Equipment by the Owner to the Hirer, 8.2.2 Loss or damage arising directly or indirectly from delay in supplying Equipment, breakdown or stoppage of the Equipment, weather conditions, ground conditions, access difficulties or other circumstances of an unforeseen nature;

8.2.3 Loss or damage to property, including personal property, land and buildings (whether such property is owned by the Hirer or a third party) or to goods being lifted or carried by Equipment, except to the extent that such loss or damage arises from negligence or breach of this agreement by the Owner.

8.3 The Hirer shall indemnify the Owner against claims and losses brought by any person or legal entity in connection with any matter, act or omission in connection with the hiring of the Equipment to the Hirer, except to the extent that such claims are caused by negligence or breach of this agreement by the Owner.

8.4 If contrary to the limitations or exclusions of liability contained in this agreement, the Owner is deemed liable to the Hire r, following and arising from the hire of Equipment by the Owner to the Hirer, then such liability is limited in its maximum aggregate to the hire cost.

8.5 Unless specified otherwise in writing all goods transported by road by the Owner (as carrier defined under the Carriage of Goods Act, 1979) are at Limited Carrier’s Risk. In the event of loss or damage to such goods the Owner is liable only up to the limit set in the Act.

9. USE AND HANDLING OF HIRED EQUIPMENT

9.1 Where an Equipment operator is provided by the Owner, the operator shall, for as long as the operator is on site, be under the direction and control of the Hirer and shall be regarded as a servant or agent of the Hirer. In such circumstances, the Hirer shall be liable for claims arising in connection with the operation of the Equipment by the operator.

9.2 The Hirer shall not:

9.2.1 require, permit or allow the Equipment operator to do anything contrary to any statute, regulation, by-law requirement,code of practice or recognised convention;

9.2.2 allow any other person to operate the Equipment without first obtaining the written consent of the Owner; 9.2.3 permit, facilitate or allow the operation or direction of the Equipment by any person while under the influence of alcohol or drugs; or

9.2.4 use or permit the use of the Equipment to lift any load which is beyond the rated lifting capacity of the Equipment or for any purpose other than for which it is designed for.

9.3 The Owner reserves the right to provide a supervisor, traffic management or other specialist service to the Site if the Owner in its sole discretion considers it necessary. If the Owner does so the charges payable by the Hirer shall be increased accordingly.

9.4 The Hirer warrants that the weight of the object or objects to be lifted in any one lift and the radius of the proposed lift (measured from the radial point of the Equipment) will not at any time exceed the maximum lifting capacity or working radius of the Equipment. Where the weight of the lift approximates the maximum lifting capacity of the

device with the associated costs being additional to the hire cost.

 

9.5 Where the Hirer has understated the weight or dimensions or the working radius of the goods to be lifted by the Equipment and the Owner has relied on the weight, dimensions or working radius stated, the Hirer shall be responsible for all the extra costs incurred by the Owners by reason of the Owners reliance upon such stated weight, dimensions or working radius.

9.6 The Hirer shall take proper and reasonable care of the Equipment and shall be liable for any loss or damage caused to the Equipment, including while the Equipment is entering, leaving or on the Site, including the cost of repairs suffered or incurred by the Owner as a consequence of any breakdown or damage to the Equipment where such breakdown or damage is caused by any act or omission or misdirection or misuse of the Equipment on the part of the Hirer or the Hirer’s servants (including the operator), agents, contractors or subcontractors. In particular the Hirer shall remain liable for the hire cost during the period the Equipment is idle and/or damaged as a result of any such negligent act or omission or misdirection or misuse of the Equipment.

10. SITE CONDITIONS AND ACCESS

10.1 Crane work is precarious and high risk, particularly in relation to uncertain and varying ground and weather conditions. 10.2 While the Owner will do its best to identify site hazards, it is agreed between the Owner and the Hirer, that the Hirer is responsible for satisfying themselves that the Equipment is suitable for the intended use.

10.3 Except in the case of negligence or wilfully ignoring written instructions of the Hirer, the Owner is not liable for damage to underground and overhead services, footpaths, driveways, grounds, lawns, structures, vehicles, machinery and loss or damage caused as a consequence of unforeseen circumstances arising from the hire of the Equipment. 10.4 In particular it is the Hirer’s responsibility to ensure:

10.4.1 that the ground at the Site is adequate to support the Equipment under its wheels, and/or outriggers and has a surface bearing capacity of at least 150 KN per square metre and is of a gradient no steeper than 1 in 10, other than for crawler cranes where the Site must be level;

10.4.2 there is legal, clear and unrestricted access to the Site;

10.4.3 that the ground giving access to the Site is stable and firm and of a gradient no steeper than 1 in 10; 10.4.4 that clearance of 4 metres is afforded in respect of all overhead wires;

10.4.5 that footpaths, kerbs and channels are suitably planked.

10.5 Should the Equipment need to be towed into or out of the Site, the salvage and/or recovery cost will be the Hirer’s responsibility and will be additional to the hire cost. The Equipment will remain on hire until it has been salvaged and returned to the Owner’s depot. Any repairs to the Equipment, the Site, or other property caused by the Equipment being salvaged, recovered, or arising from the events or circumstances which resulted in the recovery or salvage will be additional to the hire cost and paid for by the Hirer.

11. LIFTING EQUIPMENT

11.1 The Owner will supply its standard selection of chains, slings, shackles and ancillary equipment but accepts no responsibility for loss or delay if these are found to be unsuitable for the purpose required.

11.2 All chains, slings, shackles and ancillary equipment shall be used by the Hirer at the sole risk of the Hirer. The Owner does not accept liability for the incorrect use of chains, slings, shackles and ancillary equipment or for their misuse or method of use.

11.3 If any chains, slings shackles or ancillary equipment, which is the property of the Owner is destroyed or damaged, the Hirer will pay to the Owner the cost of replacement or repair resulting from that destruction or damage. 12. SITE SECURITY

12.1 It is the Hirer’s responsibility to ensure that the security of the Equipment whilst the Equipment is on Site. The Hirer shall be responsible for all losses or damage whatsoever caused to the Equipment while the Equipment is left on the Site, including the cost of repairing damage suffered or incurred by the Owner as a consequence of any damage caused by any act or omission on the part of the Hirer or the Hirer’s servants, agents, contractors, sub- contractors, the operator or members of the public and in particular shall remain responsible for the hire cost during the period the Equipment is idle as a result of any such act or omission.

13. NOTICE OF ACCIDENT

13.1 If the Equipment is involved in any accident resulting in injury to any person or property, immediate notice must be given by the Hirer to the Owner by telephone and confirmed by letter or email to the Owners principal office.

14. SECURITY INTEREST (PERSONAL PROPERTY SECURITY ACT 1999) & TERMINATION OF AGREEMENT 14.1 Until the hire cost and any additional charges due to the Owner by the Hirer have been paid in full, the Owner has a security interest in any Equipment hired for a term of more than one year, including the hire of Equipment for an indefinite term, a hire agreement that is automatically renewable where the total terms are greater than one year and a hire agreement where the Hirer retains uninterrupted possession of Equipment for a period of more than one year. 14.2 The Hirer agrees to waive its right to receive a verification statement in accordance with section 148 of the Personal Property Security Act 1999 (“the Act”).

14.3 The Owner may also immediately and without notice to the Hirer terminate the hire of the Equipment after default by the Hirer and any such termination shall be without prejudice to the rights of the Owner in respect of any breach of the terms and conditions contained herein or the Hirer’s obligations to the Owner under this hire agreement.

14.4 As a consequence of any termination of this agreement or default by the Hirer the Hirer gives irrevocable authority to the Owner to enter any Site on which Equipment is situated at any reasonable time after default by the Hirer or before default if the Owner believes a default is likely and to remove and repossess any Equipment. The Owner shall not be liable for any costs, damages, expenses or losses incurred by the Hirer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever, unless by statute such liability cannot be excluded.

14.5 Where Equipment is repossessed by the Owner the Hirer agrees to waive the right to receive the specified notices under sections 114(1) (a), 116 and 120(1) of the Act and agrees to waive the right to object under s.121 of the Act. 14.6 The following shall constitute defaults by the Hirer:

14.6.1 Non-payment of any sum by the due date.

14.6.2 The Hirer intimates that it will not pay any sum by the due date.

14.6.3 Any breach of the terms and conditions contained herein or any anticipated breach.

14.6.4 The Equipment for any reason is damaged so as to be inoperable or unsafe for use or might endanger any person or property.

14.6.5 Property belonging to the Hirer is seized by a creditor of the Hirer or any other creditor intimates that it intends to seize such property.

14.6.6 The Hirer is bankrupted or put into liquidation or an administrator or receiver is appointed to any of the Hirer’s assets or a landlord distrains against any of the Hirer’s assets.

14.6.7 A Court judgment is entered against the Hirer and remains unsatisfied for seven (7) days. 14.6.8 Any material adverse change in the financial position of the Hirer.

15. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

15.1 If the Hirer is a company or trust, the director(s) or trustee(s) signing this agreement, in consideration for the Owner agreeing to hire the Equipment and grant credit to the Hirer at their request, also sign this agreement in their personal capacity and jointly and severally personally undertake as principal debtors to the Owner the payment of any and all monies now or hereafter owed by the Hirer to the Owner and indemnify the Owner against non-payment by the Hirer. Any personal liability of a signatory hereto shall not exclude the Hirer in any way whatsoever from the liabilities and obligations contained in this agreement. The signatories and the Hirer shall be jointly and severally liable under the terms and conditions of this agreement and for the payment of all sums due hereunder.

16. MISCELLANEOUS

16.1 The Owner shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

16.2 Failure by the Owner to enforce any of the terms and conditions contained in this agreement shall not be deemed to be a waiver of any of the rights or obligations the Owner has under this agreement.

16.3 If any term or condition of this agreement shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired. 16.4 The Hirer at its own expense shall make its best effort to protect and defend the Owner from all claims, liens and legal processes of creditors of the Hirer and shall not assign all or any of its rights or obligations under this agreement or part with possession of the Equipment without the written consent of the Owner.

16.5 Unless agreed otherwise in writing, where any of these terms and conditions are at variance with an order or instructions from the Hirer these terms and conditions shall prevail.

16.6 These terms and conditions can be unilaterally changed by the Owner giving the Hirer notice in writing (including email) or by mutual agreement, also recorded in writing.

16.7 Where applicable the Construction Contracts Act 2002 applies.

16.8 Any contract between the Owner and the Hirer is governed by the laws of New Zealand.