1.1 “Contract” means the terms and conditions contained herein, together with any quotation, Rental Agreement form, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2 “Agent” shall mean Star Rentals Limited, its successors and assigns or any person acting on behalf of and with the authority of Star Rentals Limited.
1.3 “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting the Agent to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
(b) if the Customer is a partnership, it shall bind each partner jointly and severally; and
(c) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Customer’s executors, administrators, successors and permitted assigns.
1.4 “Vehicle” shall mean all Vehicle (including any accessories) supplied on hire by the Agent to the Customer (and where the context so permits shall include any incidental supply of services). The Vehicle shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by the Agent to the Customer.
1.5 “Hire Term” shall mean the period of hire as described on the invoices, quotation, authority to hire, or any other forms as provided by the Agent to the Customer.
1.6 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.7 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using the Agent’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
1.8 “Hire Charges” shall mean the cost of the hire (including any Goods and Services Tax (GST) where applicable) of the Vehicle as agreed between the Agent and the Customer subject to clause 6 of this Contract.
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 any Vehicle.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 The Customer acknowledges and accepts that:
(a) “Good Working Order” means, in respect to the Vehicle, that the Vehicle:
(i) is in good condition and good appearance throughout;
(ii) is in a safe and road worth condition;
(iii) will display a valid and current Certificate of Fitness;
(iv) has been properly maintained and serviced in accordance with the original manufacturer’s recommendations and requirements; and
(b) the Agent will provide the Vehicle in Good Working Order and allow the Customer exclusive use of the Vehicle during the Hire Term.
2.5 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Customer acknowledges and accepts that the Agent shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by the Agent in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Agent in respect of the Vehicle hire and/or/services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of the Agent; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Customer shall give the Agent 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, change of trustees, or business practice). The Customer shall be liable for any loss incurred by the Agent as a result of the Customer’s failure to comply with this clause.
5. On-Line Ordering
5.1 The Customer acknowledges and agrees that:
(a) the Agent does not guarantee the website’s performance;
(b) display on the website does not guarantee the availability of any particular Vehicle; therefore, all orders placed through the website shall be subject to confirmation of acceptance by the Agent;
(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
(d) there are inherent hazards in electronic distribution, and as such the Agent cannot warrant against delays or errors in transmitting data between the Customer and the Agent including orders, and you agree that to the maximum extent permitted by law, the Agent will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
(e) when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by the Agent and/or displayed on the website. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences; and
(f) if the Customer is not the cardholder for any credit card being used to pay for the Vehicle, the Agent shall be entitled to reasonably assume that the Customer has received permission from the cardholder for use of the credit card for the transaction.
5.2 The Agent reserves the right to terminate the Customer’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of the Agent’s business, or violated these terms and conditions.
6. Hire Charges and Payment
6.1 At the Agent’s sole discretion the Hire Charges shall be either;
(a) as indicated on invoices provided by the Agent to the Customer in respect of Vehicle supplied; or
(b) the Agent’s current Hire Charges, at the date of Delivery of the Vehicle, according to the Agent’s current price list; or
(c) the Agent’s quoted price (subject to clause 6.2) which shall be binding upon the Agent provided that the Customer shall accept the Agent’s quotation in writing within twenty four (24) hours.
6.2 The Agent reserves the right to change the Hire Charges:
(a) if a variation to the Vehicle which is to be supplied is requested; or
(b) in the event that the Hire Term is reduced; or
(c) where the drop off location is altered.
6.3 Variations will be charged for on the basis of the Agent’s quotation, and will be detailed in writing, and shown as variations on the Agent’s invoice. The Customer shall be required to respond to any variation submitted by the Agent within twenty-four (24) hours. Failure to do so will entitle the Agent to add the cost of the variation to the Hire Charges.
6.4 At the Agent’s sole discretion, a non-refundable deposit of the Hire Charges shall be required prior to Delivery.
6.5 Time for payment for the Vehicle being of the essence, the Hire Charges will be payable by the Customer on the date/s determined by the Agent, which may be:
(a) on Delivery of the Vehicle; or
(b) payment for approved Customers shall be due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Agent.
6.6 The Agent may in its discretion allocate any payment received from the Customer towards any invoice that the Agent determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer the Agent may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Agent, payment will be deemed to be allocated in such manner as preserves the maximum value of the Agent’s Purchase Money Security Interest (as defined in the PPSA) in the Vehicle.
6.7 Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Agent.
6.8 Receipt by the Agent 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.
6.9 The Customer shall not be entitled to set off against, or deduct from the Hire Charges, any sums owed or claimed to be owed to the Customer by the Agent nor to withhold payment of any invoice because part of that invoice is in dispute.
6.10 Unless otherwise stated the Hire Charges does not include GST. In addition to the Hire Charges, the Customer must pay to the Agent an amount equal to any GST the Agent must pay for any supply by the Agent under this or any other agreement for the hire of the Vehicle. 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 Hire Charges. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Hire Charges except where they are expressly included in the Hire Charges.
6.11 The Customer acknowledges and agrees that the Customer’s obligations to the Agent for the supply of the Vehicle shall not cease until:
(a) the Customer has paid the Agent all amounts owing for the hire of the Vehicle; and
(b) the Customer has met all other obligations due by the Customer to the Agent in respect of all contracts between the Agent and the Customer.
6.12 Receipt by the Agent 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, and until then the Agent’s rights in relation to this Contract shall continue.
7. Other Charges
7.1 In addition to the Hire Charges, the Customer will be required to pay to the Agent, immediately upon request:
(a) for any consumables or fuel supplied to the Customer by the Agent, including a refuelling charge (per litre) where the Vehicle has not been refuelled on return to the Agent;
(b) for additional distance driven;
(c) where applicable, the costs of delivering and/or collecting the Vehicle (as per clause 9.1);
(d) all costs incurred in cleaning and/or repairing the Vehicle where the Vehicle is not returned in Good Working Order;
(e) for any toll charges, traffic fines or infringements;
(f) any lost hire fees the Agent would have otherwise been entitled to for the hire of the Vehicle, under this, or any other contract;
(g) the specified excess (per separate event), resulting from any insurance claim made by the Agent in relation to any damage caused by, or to, the Vehicle whilst the same is hired by the Customer; and
(h) the new list price of any Vehicle that is, for whatever reason, destroyed, written off or not returned to the Agent, where any insurance claim has been declined due to the Customer’s failure to fulfil their obligations under this Contract.
8. Hire Term
8.1 The hire of the Vehicle shall commence from the Commencement Date and shall continue for the Hire Term.
8.2 The Customer acknowledges and agrees that:
(a) any extension to the Hire Term must be agreed to in writing by the Agent;
(b) all extensions are subject to availability and must be requested at least twelve (12) hours prior to the original drop off date.
8.3 The Customer must return the Vehicle to the Agent’s address on or before the end of the Hire Term; failure to do so:
(a) will incur a penalty fee in addition to the current daily Charges; and/or
(b) in accordance with this Contract, will be subject to a continuance of the hire of the Vehicle until return is affected; and/or
(c) can be considered as criminal theft and may be immediately reported to the Police.
8.4 No allowance whatsoever can be made for time during which the Vehicle is not in use for any reason, unless the Agent confirms special prior arrangements in writing. In the event of Vehicle breakdown, provided the Customer notifies the Agent immediately:
(a) the Agent will endeavour to (at their sole discretion) either repair the Vehicle on-site or provide a replacement as soon as reasonably possible. The Agent shall not be liable for any direct, indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of any delay in replacing the Vehicle due to the unavailability of any necessary replacement Vehicle); and
(b) charges will not be payable during the time the Vehicle is not working, unless the condition is due to negligence, damage or misuse on the part of or attributable to the Customer.
8.5 The Hire Period shall be completed when the Vehicle has been returned to the Agent in the same condition as when it was hired either:
(a) on or by the date and time specified herein or by any subsequent extension of the Hire Term; or
(b) where agreed to by the Agent, on the date agreed for collection by the Agent.
8.6 Where the Agent agrees to collect the Vehicle:
(a) the Agent will arrange for collection thereof within a reasonable period after a request to do so, and
(b) the Customer agrees to maintain the responsibility for the Vehicle whilst it is awaiting collection.
9.1 Delivery of the Vehicle (“Delivery”) is taken to occur at the time that the Customer, or the Customer’s nominated carrier, takes possession of the Vehicle at the Agent’s premises. The Agent (or the Agent’s nominated carrier) may agree to make delivery and/or collection of the Vehicle to and/or from the Customer’s nominated address, and the Customer will pay to the Agent any charges and expenses incurred thereby as per clause 7.1(c).
9.2 Any time or date given by the Agent to the Customer is an estimate only. The Customer must still accept Delivery, even if late, and the Agent will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late.
10. Use, Operation and Maintenance of the Vehicle
10.1 The Customer:
(a) acknowledges and agrees that the use of the Vehicle carries with it dangers and risks of injury, and the Customer accepts full responsibility for, and shall keep the Agent indemnified against, all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the Agent’s possession, use, maintenance, repair, storage and/or transport of the Vehicle during the Hire Term and whether or not arising from any misuse, negligence, failure or omission of the Customer or any other persons. This indemnity shall not apply where it can evidentially be shown by the Customer that the Vehicle supplied by the Agent was in a defective state or condition;
(b) shall ensure:
(i) all persons driving the Vehicle are suitably instructed in the Vehicle’s safe and proper use, and are fully licensed to drive the Vehicle (i.e. holding a valid and current overseas driver’s licence, NZ full driver’s licence or licence class for the Vehicle), and shall provide evidence of the same to the Agent upon request;
(ii) that all persons driving the Vehicle that hold an NZ restricted licence will comply with all NZTA rules and regulations;
(iii) the Vehicle is returned to the Agent in Good Working Order and clean of all foreign matters. The Customer’s failure to adhere to this clause shall incur additional charges as per clause 7.1(d);
(iv) that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the Vehicle;
(v) the Vehicle is left securely locked when not in use, and the keys under the control of the Customer, or any authorised driver named in this Contract, at all times;
(c) will use the Vehicle solely for the Customer’s own work, and shall not permit the Vehicle to be used by any other party (including any person other than any authorised driver named in this Contract) for any other work, without the express written permission of the Agent;
(d) agrees to drive, maintain (in Good Working Order) and/or transport the Vehicle in a proper manner, with all due care and diligence, and (where required) strictly in accordance with any instruction provided by the Agent. Daily maintenance and care of the Vehicle, including but not limited to, checking all fluids (e.g. fuel, oil, coolant, water, etc.) tyre air pressure and battery level, etc.;
(e) agrees that the Vehicle will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations in regard to its operation, maintenance, storage and/or transport, whether supplied by the Agent or posted on the Vehicle;
(f) agrees to comply with all WorkSafe guidelines and any other relevant regulations relating to the use of the Vehicle, and associated operations;
(g) without the prior written consent of the Agent, shall not use, or permit the use of:
(i) the Vehicle for the carriage of passengers for hire or reward. If approved by the Agent the Customer must ensure than any driver of the Vehicle holds the appropriate licenses and endorsements (including but not limited to, the Land Transport Act 1998 etc);
(ii) incorrect fuel in the Vehicle;
(iii) the Vehicle whilst the driver is operating a mobile phone, or is under the influence of alcohol or any drug (including prescription medications) that impairs their ability to drive the Vehicle;
(iv) the Vehicle in any race, speed test, rally, or contest, or on any closed road or non-public roadway (including, but not limited to, creek crossings or beds, streams, dams, flood waters, rocks, sand hills, tidal crossings, fire trails, and rivers);
(v) the Vehicle to propel or tow any other vehicle and/or equipment; or
(vi) the Vehicle for the transport of more than the number of passengers or more than the weight specified in the certificate of loading for the Vehicle; or
(vii) the Vehicle to carry any animals in the Vehicle;
(h) shall not permit smoking in the Vehicle. It is an offence in New Zealand to smoke in vehicles where there are passengers younger than eighteen (18) years old; and
(i) shall not arrange or undertake any repairs or salvage without the authority of the Agent except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property. Any cost incurred by the Customer in contravention of this clause will not be reimbursed by the Agent.
11. Customer’s Warranties
11.1 The Customer warrants that:
(a) by accepting Delivery, the Customer has fully inspected the Vehicle and is satisfied that the Vehicle complies with its description, is clean and in Good Working Order, is suitable for the Customer’s purposes, and any pre-existing damage, is accurately sighted and documented. If there is any discrepancy, it must be made known by the Customer prior to leaving the Agent’s premises;
(b) the Customer will not conceal, alter or make any additions or alterations to the Vehicle, including (but without limitation) tampering, repairing, modifying, defacing or erasing any identifying mark, plate or number on or in the Vehicle, or in any other manner interfere with the Vehicle, and shall not permit any other person or party to do so;
(c) the Customer will not use the Vehicle, nor permit it to be used, for any illegal purpose or in such a manner as would permit an insurer to decline any claim (including, but not limited to, using the Vehicle in contravention of this clause 11, etc.);and
(d) the Vehicle shall be kept in the Customer’s own possession and control, and the Customer shall not assign the benefit of this hire Contract, nor be entitled to take a lien, or grant any encumbrance over the Vehicle.
12.1 At the Agent’s sole discretion, and depending on the Customer’s proposed use of the Vehicle:
(a) the Customer must insure, or self-insure, the Agent’s interest in the Vehicle against physical loss or damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks), and will provide the Agent proof of such insurance policy on request;
(b) subject to the payment of any insurance excess and the exclusions set out in clauses 12.2 and 12.3, the Customer (and any driver authorised to drive the Vehicle) is fully indemnified in respect of any liability they might have to the Agent in respect of the loss or damage to the Vehicle (and its accessories and spare parts) and any other expenses of the Agent, including towing and salvage costs associated with the recovery of the Vehicle. This clause:
(i) in no way entitles the Customer to, or implies the availability of, compensation from the Agent for any liability incurred by the Customer in relation to the use of the Vehicle;
(ii) will not continue to operate after the expiration of this Contract, unless any extension thereof is granted by the Agent in writing and additional Hire Charges are paid;
(iii) will not apply to loss or damage which relates to, or arises from:
(c) breach of any statutory laws or regulations in connection with the use of the Vehicle by the Customer;
(d) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the Vehicle;
(e) unexplained disappearances of the Vehicle;
(f) theft of the Vehicle in circumstances where site security is available (including, but not limited to, locked yards, buildings and sheds and/or where proper security is not used by the Customer to secure the Vehicle whilst it is left unattended, etc.); and
(g) loading or off-loading the Vehicle from maritime vessels, transportation on maritime vessels or the use of the Vehicle on any wharf, bridge or over any body of water.
12.2 The indemnities referred to in clause 12.1(b) shall not apply where the damage, injury or loss arises when:
(a) the Vehicle is in an unsafe or un-roadworthy condition that arose during the course of the Hire Term and that caused or contributed to the damage or loss, and the Customer or driver was aware of or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle; or
(b) the Customer fails to their adhere to clauses 10 and 11; or
(c) the Vehicle is driven by any person other than the Customer and any authorised driver named in this Contract; or
(d) the Vehicle is driven by any person who, at the time when they drove the Vehicle, is disqualified from holding or has never held a driver's licence appropriate for the Vehicle; or
(e) the Vehicle is wilfully or recklessly damaged either by the Customer, or any other person named on the front of this form, or any person driving the Vehicle under the authority of the Customer; or
(f) the Vehicle is operated outside the Hire Term or any agreed extension thereof.
12.3 The indemnities referred to in clause 12.1(b) shall exclude:
(a) damage to, or above level of the top of, the windscreen of the Vehicle;
(b) damage occurring whilst the Vehicle is being driven in reverse;
(c) damage occurring due to mud or poor road conditions;
(d) damage to the under body of the Vehicle and any resulting damage linked to under body damage (including, but not limited to, all parts of the drive train, chassis, steering, suspension, brakes, exhaust, floor pan and fuel systems);
(e) water damage caused by immersion of the Vehicle in water or from the Vehicle being driven in flood waters;
(f) loss, damage or liability as a result of the Vehicle being damaged, stranded and/or flooded whilst on beaches and/or sand dunes; and
(g) damage caused by the Vehicle being driven by methods, or in areas, expressly prohibited under this Contract.
13.1 The Vehicle is and will at all time remain the absolute property of the Agent.
13.2 If the Customer fails to return the Vehicle to the Agent then the Agent or the Agent’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 Vehicle is situated and take possession of the Vehicle, without being responsible for any damage thereby caused.
13.3 The Customer is not authorised to pledge t