Terms and Conditions

We hire the Goods to you on the terms and conditions of this Hire Contract. Unless you tell us otherwise, the Goods are consumer goods and are hired wholly or predominantly for personal, domestic or household purposes.

1. PAYMENT
You agree to pay the Amount Due on Delivery.

Rent and all other Payments are always payable in advance unless otherwise specified. Where you pay any Payment by automatic payment, direct debit or direct credit, and the Payment Date falls on any statutory holiday in New Zealand, you agree that we may process the Payment one Business Day prior to the scheduled Payment Date.

Where an amount for a Security Bond is included in the Hire Contract, you acknowledge that a Security Bond will be held by MRG and either returned to you upon termination of the Hire Contract or applied as provided by the Hire Contract.

You must reimburse us for all reasonable enforcement expenses which we actually incur in enforcing its rights under the Hire Contract

2. LATE PAYMENT
If we do not receive your Rental Payment on or before the day it is due we will charge you a Late Payment Fee.

3. CLEANING & SANITATION FEE
We may charge a fee to clean and sanitise some Goods. Any cleaning fee will be set out in the Hire Contract Schedule.

4. DELIVERY
We may charge a fee to deliver, install, collect, and return the Goods. This fee will be specified in the Hire Contract Schedule. Other than for Tailored Solutions, if you hire all the Goods for longer than eight (8) weeks and pay all Rent and other charges, we will waive this fee. If we waive this fee and you have already paid it, we will apply that amount against any future Rent or other amounts payable or refund it if it exceeds future amounts payable.

5. SERVICE
We agree to keep Goods in good working order and service them while you meet your obligations. Service on the Goods may only be carried out by our own technicians or authorised agents. We may choose to replace the Goods in which case any replacement Goods will then be the Goods for the purposes of the Hire Contract.

6. PROPERTY IN THE GOODS
You agree that you are not the owner of the Goods and you only have the right to use them while you meet your obligations. Nothing in the Hire Contract shall be construed as an offer by us to sell you the Goods or any option to purchase the Goods.

The Goods are at your risk until they are returned to us and you must never sell, hire or dispose of them. If you relocate or move address, you must tell us and provide your new address to us.

7. LOSS OR DAMAGE
You are responsible for all loss or damage to the Goods. If the Goods are lost or damaged you must pay for the Replacement Value or repair of the Goods and continue to pay Rent. You must inform us immediately of any loss or damage to the Goods and substantiate with a police report and verification of forced entry in the case of loss by theft or with a written statement and physical proof in the case of accidental damage. For the avoidance of doubt, "loss or damage" to the goods includes any damage to the Goods beyond what we consider to be fair wear and tear. The term "repair of the Goods" includes, without limitation, cleaning and sanitising of goods.

8. ACCESS TO GOODS
You must not move the Goods from the Address or outside the Service Area without our prior written consent. You agree to provide us or our agents reasonable access to inspect the Goods at all times.

THIS SUBCLAUSE MUST BE READ SUBJECT TO YOUR RIGHTS UNDER THE FAIR TRADING ACT FOR CANCELLATION OF AN UNINVITED DIRECT SALES AGREEMENT.

Upon termination, unless we can collect the goods in the ordinary course of business or you make an alternative arrangement with us, you must, at your own expense, immediately return the Goods (together with all accessories and manuals) to us, in the same condition as the Goods were delivered to you (except for normal wear and tear).

9. TERMINATION BY YOU
Subject always, in respect of an Uninvited Direct Sales Agreement, to your right to cancel the Uninvited Direct Sales Agreement during the Cooling-Off Period, you may terminate the Hire Contract at any time with one payment period notice and, in any such event, you must return the Goods to your Mr Rental Store, and pay to us:

(a) all Payments currently due and owing under the Hire Contract

(b) an amount equal to the aggregate of the unrecovered costs incurred by us for any loss or damage to the Goods; and

(c) any Late Payment Fees and enforcement expenses due and owing.

10. BREACH OR DEFAULT
You will be in default and will be deemed to have repudiated the Hire Contract if you do not comply with all of its terms.

If the Hire Contract is terminated for any reason we shall be entitled to repossess the Goods. To exercise the powers of repossession, we and/or our agents may, subject to the FTA (where applicable), enter where the Goods may reasonably be expected to be held. You shall indemnify us and/ or our agents against any claim arising from the exercise of this right of entry, provided that this right shall not be exercised in any unreasonable manner or at a prohibited time.

You agree to pay to MRG on demand enforcement expenses including, but not limited to, all costs, expenses, charges (legal or otherwise) and all government fees and charges sustained or incurred by us or our agents in connection with the recovery of the Goods and/or recovery in recovering or attempting to recover any Payment amount including but not limited to Rent, and Late Payment Fees.

IF THE FAIR TRADING ACT APPLIES TO THIS HIRE CONTRACT, THEN NOTHING IN THIS CLAUSE IS INTENDED TO RESTRICT, MODIFY OR EXCLUDE YOUR RIGHTS UNDER THE FAIR TRADING ACT

11. SECURITY BOND
Where an amount for a Security Bond is included in the Hire Contract you must pay the Security Bond to us before delivery of the Goods. If you breach any of its obligations under the Hire Contract we shall have the right to apply the Security Bond either in whole or in part towards the monies owing under the Hire Contract by you. However, such application shall not prevent us recovering from you damages or other amounts arising under the Hire Contract where such amounts are in excess of the amount of the Security Bond.

12. REFUNDS OF RENT PAID IN ADVANCE
On the return of the Goods the portion of the Rent paid by you in advance which has not then been utilised (and is not expressed in the Hire Contract to be non-refundable) and any Security Bond shall be refunded after deduction of any amount which may be then owed by you under this Hire Contract.

13. ASSIGNMENT OF RIGHTS
MRG reserves the right at any time to assign the benefit of this Hire Contract to any company or persons, including to debt collectors.

14. WHOLE AGREEMENT - WARRANTIES
The provisions of this clause are intended to have effect to the fullest extent permitted by law. However nothing in this clause is intended to restrict, modify or exclude any right expressly conferred by statute which cannot be contracted out of such as, for example, the Fair Trading Act 1986 and Consumer Guarantees Act 1993.

Upon delivery of the Goods you must inspect them and satisfy yourself that they are in good operating order and condition. You must rely on you own skill and judgment as to the quality and condition of the Goods and their fitness and suitability for any particular purpose. No warranties are given by us in that regard, other than those implied by law and which cannot be excluded. To the fullest extent permitted by law, MRG shall not be liable for any consequential Loss or damage (or any other Loss or damage) whatsoever suffered by you including as a result of any malfunction, operation or unsuitability of the Goods.

15. NO WAIVER
All the rights and powers of MRG under this Hire Contract shall remain in full force despite any delay in their enforcement. MRG shall not be deemed to have waived any of its rights or powers under this Hire Contract or any notice given under it unless it is expressly waived in writing by MRG. Further no waiver by MRG of any breach of you of this Hire Contract shall be deemed a waiver of any continuing or recurring breach.

16. SEVERABILITY
If any term or condition or any part of any term or condition of this Hire Contract or its application shall be or become illegal, invalid or unenforceable then the relevant term or condition shall be severed from the Hire Contract. The remaining terms and conditions or any part remaining term or condition shall not be affected and will continue to operate.

17. ACKNOWLEDGEMENTS BY HIRER
You:

(a) Acknowledge and agree that you and we have or will sign this Hire Contract electronically; and

(b) Consent to providing your signature or acceptance electronically for the purposes of this Hire Contract, the Direct Debit Service Agreement or other related documents.

This agreement is a Hire Contract. It is not an agreement by you to purchase the Goods. It is not an offer by MRG to sell the Goods to you in the future.

The Hire Contract contains all the terms of the arrangement between MRG and you. No variation or supplementary or collateral agreement will be recognised or be binding unless it is in writing and signed and acknowledged by MRG.

No term is to be implied other than by operation of law (including any statutory rights under consumer protection legislation).

18. INDEMNITY
To the fullest extent permitted by law you indemnify and shall keep indemnified and save harmless MRG and MRG's franchisees, agents and contractors from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising whether directly or indirectly because of or incidental to your use, operation or storage of the Goods.

19. INSTRUCTION IN USE
You acknowledge that you have received adequate instruction in the correct use of the Goods which includes demonstration or verbal or written instructions.

20. CHANGES TO THE HIRE CONTRACT
MRG may change any terms or conditions of this Hire Contract by giving you 14 days’ notice by email or a letter to your last known address. You may terminate this Hire Contract if you do not accept the proposed changes.

21. DISCLOSURE
You acknowledges receipt of a copy of the Hire Contract and any security as disclosure (if required) under the CCCFA.

You consent to any disclosure or other information, required to be provided by MRG under the CCCFA or otherwise, being disclosed in electronic form and by means of electronic communication. You may provide to MRG an address for communication in this form and may from time to time change this address by notification in writing to MRG.

22. GOVERNING LAW
This Hire Contract is governed by the laws of New Zealand.

23. NOTICE
All notices under this Hire Contract whether required by law or otherwise may be served or given to you by:

(a) post to your address provided in the Schedule and from time to time;

(b) email to your email address provided in the Schedule and from time to time;

(c) in person whether at your address, our address or any other place; or

(d) by SMS or other electronic means.

24. NOTICE TO CANCEL THE AGREEMENT BY HIRER - UNINVITED DIRECT SALES AGREEMENT
An Uninvited Direct Sales Agreement is subject to a Cooling Off Period of five (5) Working Days.

If you have an Uninvited Direct Sales Agreement, you can cancel it by giving us a Notice of Cancellation before the end of 5 Working Days beginning on the day after the day on which you signed and received a copy of the Uninvited Direct Sales Agreement.

You can cancel the agreement by calling your Mr Rental Store named on the front page of the Uninvited Direct Sales Agreement and/or posting or delivering the Notice of Cancellation in the Uninvited Direct Sales Agreement to the address of your Mr Rental Store noted on the Uninvited

Direct Sales Agreement. If you cancel the Uninvited Direct Sales Agreement any money you have already paid will be refunded to you, including any Security Bond, subject to any compensation you need to pay MRG pursuant to clause 13. If you have received the Goods you are cancelling, you need take no action to return them but can wait for them to be collected. You need not hand them over unless you have received a request to do so and have had your money returned to you.

NOTHING IN THIS CLAUSE IS INTENDED TO RESTRICT, MODIFY OR EXCLUDE YOUR RIGHTS AND OBLIGATIONS RELATING TO UNINVITED DIRECT SALES UNDER THE FAIR TRADING ACT.

25. SUBCONTRACTING
MRG may, at any time without your consent, sub-contract its obligations under this Hire Contract to any company or persons.

26. DEFINITIONS AND INTERPRETATION
In this Hire Contract, unless the context does so permit:

"Address" means your address to which MRG is to deliver the Goods and where the Goods will be located as specified in the Hire Contract Schedule and Delivery Note.

"Amount Due on Delivery" means the amount to be paid by you to MRG on the Delivery Date and is as set out in the Hire Contract Schedule.

"Cooling Off Period" means, in relation to any Uninvited Direct Sales Agreement, the period of five (5) Working Days beginning with the day after the date that the Uninvited Direct Sales Agreement is made.

"Delivery Date" means the date the Goods are delivered to you as specified in the Delivery Note, and acknowledged by you.

"Fair Trading Act" means the Fair Trading Act 1986.

"First Customer" means the person named as the First Customer in the Hire Contract Schedule.

"Goods" means the goods that are being rented by you as described in the Hire Contract Schedule.

“Hire Contract" means the Hire Contract Schedule, the Delivery Note and these Terms and Conditions of Hire.

"Hirer" or "You" or “Your” means the First Customer and the Second Customer.

“Late Payment Fee” means a $10 fee that we will charge you if any payment due to us is not paid or is paid late.

"Loss" includes the damage to Goods, and/or consequential and/or economic loss.

"Notice of Cancellation" means, in relation to any Uninvited Direct Sales Agreement, the notice of cancellation as required by the Fair Trading Act.

“MRG”, "Mr Rental Group", “We” or "Us" means Mr Rental Group NZ Limited (Company Number: 5423 333 442) and any successors or assigns.

"Payment" means and includes the Rent and GST payable by you to MRG.

"Payment Date" means the Delivery Date and thereafter the same day of each period specified in the Hire Contract Schedule as the Delivery Date.

"Replacement Value" means the amount for the Goods reasonably determined by MRG, being an amount that will not exceed the cash price of the Goods.

"Rent" means the amount of Rental Payment specified in the Hire Contract Schedule payable by you to MRG for the hire of the Goods or as subsequently agreed to by you and Mr Rental Group in writing from time to time.

"Hire Contract Schedule" means the Hire Contract Schedule that forms part of the Hire Contract.

"Security Bond" means the amount specified in the Hire Contract Schedule to be paid by you to MRG to secure the due performance and obligations of you to Mr Rental Group under this Hire Contract.

"Second Customer" means the person named as the Second Customer in the Hire Contract Schedule.

“Service Area” means the area in which Mr Rental Group delivers and services the Goods.

“Tailored Solutions” are rental arrangements tailored to customer requirements and priced differently to our regular list pricing including but not limited to bulk or packaged goods, home staging packages and products for festivals, events or corporate activities.

"Uninvited Direct Sales Agreement" has the meaning given to that term in section 36K of the Fair Trading Act.

"Working Day" means a day of the week other than:

(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

(b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and

(c) if 1 January falls on a Friday, the following Monday; and

(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

(e) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.

Where the Hirer comprises two or more persons, they are bound jointly and severally.

For Uninvited Direct Sales Agreements - your obligations under an Uninvited Direct Sales are read subject to any alternative or other rights you have under the Fair Trading Act including any right to cancel the Uninvited Direct Sales Agreement during the Cooling Off Period.

References to any statutory provision in these Terms and Conditions are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any by-law, regulation, order, statutory instrument, determination or subordinate legislation made under it.

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