Our Obligations
1. We will comply with our obligations under this Agreement
2. We agree to lease to you the Waikato Rental Cabin for the term, at the rental payable and on the terms of this Agreement.
Your Obligations
3. You agree to comply with the terms of this Agreement.
4. You agree to take the Waikato Rental Cabin on lease for the term, at the rental payable and on the terms of the Agreement.
5. You agree to make payments to us on the Payment Dates in full without set off or reduction.
6. At the Expiry of Term, you agree to return to us the Waikato Rental Cabin in the same condition to which we provided it excluding reasonable wear and tear over the term. If we determine at our sole and absolute discretion that the Waikato rental Cabin is not in reasonable condition, you agree to indemnify us for any costs incurred in the repair or replacement of the Waikato Rental Cabin.
Bond
7. Upon signing the Agreement, the bond recorded immediately becomes payable.
Rent to Buy Option
8. Where you have agreed to purchase a Waikato Rental Cabin off us, a Purchase Price will be recorded on page 1 of this Agreement.
9. Payment of the Purchase Price shall be by the instalment amounts recorded.
Delivery
10. The point of delivery shall be at our premises upon our notification to you that your Waikato Rental Cabin is ready for your use or upon our collection from you, or your delivery to us, of the Waikato Rental Cabin following Expiry of the Term
11. If we agree to deliver the Waikato Rental Cabin to you or collect the Waikato Rental Cabin from you, all costs of and incidental to such delivery or collection shall be at your cost.
Risk
12. Risk in a Waikato Rental Cabin passes to you upon delivery.
13. Following Expiry of Term, risk in a Waikato Rental Cabin supplied by us remains with you until such time as the Waikato Rental Cabin is delivered to our premises.
14. You are responsible to ensure such insurance arrangements as hyo see fit to cover the risk in a Waikato Rental Cabin supplied to us and agree to provide to us a Certificate of Insurance showing us as an interested party.
15. You warrant and undertake to keep said Certificate of Insurance current.
Acceptance of Goods
16. If you do not make a claim in writing setting out the alleged problem with the Waikato Rental Cabin within seven (7) days from Delivery (time being of the essence) you are deemed to have accepted the Waikato Rental Cabin and to have waived any right to reject the Waikato Rental Cabin or claim compensation or any other remedy.
Default
17. In the event that a payment is overdue, default interest at a rate of 3% will be payable from the date payment became due and payable until such time as payment of the outstanding amount is made in full including interest.
18. You acknowledge that payment of default interest is without prejudice to our other rights and remedies.
19. If we take action to recover any amount due from you to us including default interest, or to otherwise protect our interests in relation to money owed to us by you including default interest, you agree to pay our costs (including costs incurred on a solicitor/client basis and debt collection costs).
Cancellation
20. You may cancel your use of a Waikato Rental Cabin at any time by notification to us in writing.
21. We may retain any deposit and payments you have made towards the purchase price at our sole and absolute discretion.
22. You agree to indemnify us for any losses or costs incurred by us in your failing to complete the term of this Agreement, including any rent foregone until the Expiry of Term.
Title/Recovery of Goods
23. Title in the Waikato Rental Cabin does not pass to you unless you have agreed to purchase a Waikato Rental Cabin off us, the Purchase Price is paid in full and you have performed all other obligations under these Terms and Conditions
Page 2 of 2 Waikato Rental Cabin Agreement | Terms and Conditions
24. In all other circumstances, title in any Waikato Rental Cabin supplied by us will remain with us and we have a security interest over the Waikato Rental Cabin.
25. If you have sold the Waikato Rental Cabin before title passes to you, the proceeds of sale shall be held on trust by you for our benefit.
26. You authorise us to enter any premise at any time to recover a Waikato Rental Cabin of which we still have title or a security interest. If the premises are the premises of a third party, you will obtain for us from the landlords/registered owners written consent regarding the provisions of this Agreement. .
27. You will be responsible for any losses or costs we incur in the recovery of Waikato Rental Cabins from you.
Security Interest
28. You agree that, pursuant to Clause 23 above, we have a security interest for the purposes of the Personal Property Securities Act 1999 (“PPSA”) over the description we have provided to you.
29. We will repair or make good any substantiated defect in our workmanship for any Waikato Rental Cabin provided if written notice of the claim is made immediately after any defect is suspected or within seven (7) days of delivery. We will investigate your claim as soon as practicable and if we agree the claim is substantiated, we will address you claim in accordance with Subclauses 33(a)-(c) as expediently as practicable.
Warranty
30. We warrant that a Waikato Rental Cabin will be constructed in a good and workmanlike manner, be fit for the purpose you have provided to us in writing and match
31 We will repair or make good any substantiated defect in our workmanship for any Waikato Rental Cabin provided if written notice of the claim is made immediately after any defect is suspected or within seven (7) days of delivery. We will investigate your claim as soon as practicable and if we agree the claim is substantiated, we will address you claim in accordance with Subclauses 33(a)-(c) as expediently as practicable.
32. If we fail to perform our warranty obligations, liability for such failure shall be subject to the limitations provided in Clauses 33 to 37.
Limitation of Liability
33. Our liability for any defective Waikato Rental Cabin, or for any cost, loss, damage or claim arising directly or indirectly in relation to any Waikato Rental Cabin provided by us, whether arising in contract, tort (including negligence) or otherwise, shall be limited to either (at our sole and absolute discretion): a) Refunding your deposit to you, collecting the Waikato Rental Cabin at our cost and releasing you from your obligations under these Terms and Conditions; or b) Modifying or repairing the defective Waikato Rental Cabin at our own expense within a reasonable timeframe after you have given us notice of the defect; or c) Replacing the affected Waikato Rental Cabin.
34. We are not liable for any defect in a Waikato Rental Cabin if: a) The Waikato Rental Cabin has been materially altered; b) Steps have been taken to remedy an alleged problem with a Waikato Rental Cabin without our written consent; or c) The Waikato Rental Cabin has been damaged by improper storage or handling following delivery.
35. We are not responsible to you or any third party for any defect in a Waikato Rental Cabin that results partly or wholly from: a) The act or omission of any third party; or b) A cause beyond our reasonable control
36. We are not responsible in any circumstances for any indirect, consequential or special loss, loss of profits or economic loss including if said losses arise due to our not delivering to you a Waikato Rental Cabin on the Delivery Date
37.All warranties implied by customary practice, at law or under statute are excluded to the extent legally permitted.
38. If you are acquiring a Waikato Rental Cabin for business purposes, then the provisions of the Consumer Guarantees Act 1993 shall not apply.
Personal Information
39. You authorise us to collect and hold your and/or the guarantor’s personal information as we may require for credit inquiries and or for marketing purposes from any third party or from us to you.
40. You authorise us to disclose any personal information to any person for the purpose of assessing your credit worthiness or in relation to the recovery of moneys or Waikato Rental Cabin(s) including but not limited to notification of default to a credit or debt collection agency
40. You authorise us to disclose any personal information to any person for the purpose of assessing your credit worthiness or in relation to the recovery of moneys or Waikato Rental Cabin(s) including but not limited to notification of default to a credit or debt collection agency
Variation
41. We reserve the right to alter these Terms and Conditions by giving you thirty (30) days written notice.
Governing Law
42. These Terms and Conditions are governed by New Zealand law.
Guarantor
43. The guarantor signing this Agreement is guaranteeing the payment of all monies due under these Terms and Conditions and your performance of all obligations under this Agreement.
44. The guarantor acknowledges and accepts that they have had the opportunity to seek and instruct independent legal advice on the terms and effect of this Agreement. Where they have elected to waive this right, they have done so voluntarily and have accordingly entered this Agreement as guarantor without any inducement or pressure from anyone.
Taxes and Consents
45. If any taxes or other dues are required to be paid in respect of the Waikato Rental Cabins, the same will be paid by you.
46. If any permit, consent or licence to use the Waikato Rental Cabin is required to be obtained from any Government, local authority or any other person the same shall be obtained by you at your sole cost and responsibility.
Miscellaneous
47. Other than as set out in Clause 41, these Terms and Conditions shall not be varied.
48. No delay or failure by us to act or insist upon any right shall be regarded as a waiver and every right remains enforceable and may be exercised by us at any time.
49. You may not assign or transfer your rights under this Agreement to any third party without obtaining our prior written consent
50. For the sake of clarity, this Agreement does not establish a tenancy agreement for the purposes of the Residential Tenancies Act 1986.
