ManaLift Hiab and Transport Limited

Terms and Conditions — Hiab Crane Truck Hire andTransport Services

Goods arecarried, handled, and/or lifted at the owner's risk. This means the Companywill pay no compensation for loss of or damage to Goods, whether or not causedby the negligence of the Company, unless the Company intentionally loses ordamages them.

1. Application

1.1  This contract is made between ManaLift Hiaband Transport Limited ("the Company") and any person or entityengaging the Company for Services ("the Customer"). All workundertaken by the Company — including Hiab crane truck hire, liftingoperations, transport, loading, and any related advice or service — isundertaken upon and subject to these terms and conditions ("theseTerms").

1.2  In these Terms, the singular includes theplural and vice versa; the word "person" includes corporations,trusts, partnerships, and unincorporated bodies; and where there is more thanone Customer, they are bound jointly and severally.

1.3  The Customer is deemed to have accepted theseTerms upon confirming a booking for Services with the Company, whetherverbally, in writing, by electronic means, or by allowing the Company tocommence work.

1.4  ManaLift Hiab and Transport Limited is acompany separate and distinct from any related or associated business, holdsits own Transport Service Licence, and these Terms apply solely to Servicesprovided by ManaLift Hiab and Transport Limited.

1.5  These Terms may be altered only by mutualwritten agreement between the Company's Managing Director and the Customer.

2. Definitions

2.1  Carriage means the carriage, transport,lifting, placement, loading, unloading, or handling of Goods, and any Servicerelated or ancillary to any of the foregoing.

2.2  Charges means the Company's charges forproviding the Services.

2.3  Company means ManaLift Hiab andTransport Limited.

2.4  Customer means the person(s) or entitynamed in the booking, quote, or job confirmation, and includes the Customer'ssuccessors, assignees, trustees, and executors.

2.5  Equipment means the Company's Hiabcrane truck(s), lifting attachments, rigging, and any other plant or machineryused to provide the Services.

2.6  Goods means all goods, materials, oritems that are the subject of any Services provided by the Company.

2.7  Lifting Operation means any operationinvolving the use of the Company's Equipment to lift, hoist, place, or relocateGoods.

2.8  PPSA means the Personal PropertySecurities Act 1999 and associated regulations, as amended from time to time.

2.9  Services means all services andactivities carried out by the Company on the Customer's behalf, includingCarriage and Lifting Operations, and all incidental or ancillary services andactivities.

2.10  Site means any location at which theCompany provides Services, including the Customer's premises and any place toor from which Goods are carried, lifted, or placed.

3. Interpretation

3.1  Headings are for convenience only and do notaffect interpretation.

3.2  References to '$' are references to NewZealand Dollars.

3.3  References to any statute or regulation apply,with all necessary modifications, to any amendment or re-enactment of thatstatute or regulation.

3.4  References to the Customer and the Companyinclude their respective successors and permitted assignees.

4. Company's Rights and Obligations

4.1  The Company agrees to carry out such Servicesfor the Customer as the Company and the Customer have mutually agreed, solelyon these Terms.

4.2  The Company carries on business as a providerof Hiab crane truck hire, lifting, and transport services. Pursuant to section293(1) of the Contract and Commercial Law Act 2017, the Company may in itsabsolute discretion refuse to accept Goods for Carriage, or decline any LiftingOperation, without being obliged to give reasons.

4.3  Where a Hiab Truck is engaged with a Companyoperator, the Equipment remains at all times under the operation and control ofthe Company. However, instructions as to which Goods are to be lifted, moved,or placed, the sequence of work, and the destination, are given by the Customeror its representative on Site, and the Company relies entirely on the accuracyand completeness of that direction. The Customer shall indemnify the Companyagainst all claims in respect of this matter.

4.4  The Company may subcontract the whole or anypart of the Services to any subcontractor, who shall have the right to rely onthe benefit of these Terms.

4.5  Unless otherwise instructed, the Company mayadopt any means, mode, route, or method for the Carriage or Lifting Operation.Priority will be given to the Customer's instructions where reasonablypracticable, failing which the Company may adopt such alternative method as itdetermines in its discretion.

5. Hiab and Lifting Operations — Specific Terms

5.1  Site suitability: the Customer warrants thatthe Site, including ground conditions, access, and overhead clearances, issuitable for the safe positioning and operation of the Hiab Truck, includingoutrigger deployment.

5.2  Ground conditions: the Customer is responsiblefor identifying and disclosing to the Company, prior to commencement, anysubsurface hazards (including pipes, tanks, drains, cables, or soft or unstableground) that could affect the stability of the Equipment or its outriggers. TheCompany shall not be liable for any damage to driveways, paths, lawns,underground services, or other Site infrastructure arising from the positioningor operation of the Equipment, whether or not such damage was foreseeable.

5.3  Overhead hazards: the Customer must identifyand disclose all overhead hazards, including power lines, trees, andstructures, prior to commencement. The Company may refuse or suspend a LiftingOperation where, in its reasonable opinion, the Site presents an unacceptablerisk, and no liability attaches to the Company for any resulting delay orcancellation.

5.4  Load information: the Customer warrants theaccuracy of all information provided regarding the weight, dimensions, centreof gravity, and composition of any Goods to be lifted. The Company reliessolely on this information, and the Customer indemnifies the Company againstall loss, damage, fines, penalties, or claims arising from inaccurate orincomplete load information.

5.5  Load limits and compliance: all LiftingOperations are conducted within the safe working load of the Equipment asdetermined by the Company's operator, whose decision on safety and complianceis final. The Company may refuse, abort, or modify any lift it considers unsafeor non-compliant with WorkSafe New Zealand requirements, without liability.

5.6  Rigging and attachments: unless rigging,slings, chains, or attachments are supplied by and remain under the control ofthe Company's operator, the Company accepts no liability for the adequacy ofany rigging or attachments supplied or directed by the Customer.

5.7  Exclusion zone: the Customer is responsiblefor ensuring the Site is cleared of unauthorised persons and vehicles from anyoperational or exclusion zone directed by the Company's operator.

5.8  Weather: the Company may suspend or cancel aLifting Operation due to wind, rain, or other conditions it considers unsafe,without liability, and Charges for callout and waiting time incurred up to thatpoint remain payable.

6. Customer's Rights and Obligations

6.1  The Customer warrants that any Goods carried,lifted, or stored under this contract are owned by the Customer, or that theCustomer has full right, power, and authority to allow such Carriage or LiftingOperation, and indemnifies the Company against any claim or expense arisingfrom breach of this warranty.

6.2  The Customer will not tender for Carriage orLifting any Goods that are dangerous, hazardous, corrosive, illegal, flammable,or explosive in nature without first providing a full written description inaccordance with clause 10.

6.3  The Customer indemnifies the Company againstall claims in respect of Goods including but not limited to jewellery, watches,precious stones or metals, money, deeds, securities, or items of similar kind,and against prohibited or stolen goods or goods that require special licence orgovernment permission to export or import.

6.4  The Customer will notify the Company inadvance of any restriction on Site access, ground conditions, or overheadhazards. The Company may make an additional charge for any access restrictionnot previously disclosed and will not be liable for any damage to Goods orproperty caused through lack of suitable access or undisclosed Site conditions.

6.5  The Customer will obtain, at its own expense,all permits, consents, traffic management plans, and other authorisationsnecessary for the Services to be carried out, including any required for use ofroads, footpaths, or public land.

6.6  The Customer warrants that it has, or hasobtained, all necessary permissions to enable the Company's vehicles,Equipment, and personnel to enter and operate on the Site, and indemnifies theCompany in respect of any loss, claim, or damage suffered or caused by theCompany in entering such Site.

7. Charges and Payment

7.1  Services are invoiced in accordance with theCompany's rates in force at the time of booking, or as otherwise agreed inwriting.

7.2  Hiab Truck hire is charged on a time basis atthe Company's current hourly rate (currently $185.00 per hour, excluding GST,or as quoted), commencing on arrival at the Site and continuing until the workis complete and the Equipment is packed up and ready to depart in the opinionof the Company), subject to any minimum callout period advised at the time ofbooking.

7.3  Waiting time arising from Customer delay, Siteaccess issues, or unavailability of Goods is charged at the same hourly rate.

7.4  Payment is due immediately upon completion viaEftpos or verified bank transfer, unless alternative payment arrangements havebeen agreed with the Company in writing in advance, in which case payment isdue within 7 days of the Company issuing an invoice.

7.5  The Company reserves the right to chargeadditional fees where the Site or the Services are found to be more difficultthan represented (for example, undisclosed access or ground condition issues),where the Customer did not notify the Company of the relevant matter prior tocommencement.

7.6  An administration fee of 3% plus GST may beadded to cover the Company's administration costs.

7.7  A non-refundable deposit may be required toconfirm certain bookings, at the Company's discretion, and will be deductedfrom the total cost of the Services. In the event of cancellation by theCustomer, the deposit will not be refunded.

7.8  All payments are to be made in full, withoutdeduction or set-off whatsoever.

7.9  Where any amount invoiced has not been paidwithin 7 days of the due date, the Customer will be in default and shall payinterest on the outstanding amount at 15% per annum, calculated daily, from thedue date until payment is made in full. While any payment is in default, theCompany may suspend or terminate any Services and may:

7.9.1  usepersonal information, as defined in the Privacy Act 2020, only to the extentnecessary to recover payment of the Company's fees;

7.9.2  charge theCustomer for all costs and fees of a collection agency or lawyer, on asolicitor/client basis, incurred due to taking action in recovering outstandingamounts; and

7.9.3  charge theCustomer an administration fee of $150.00 plus GST if time and effort isinvolved in collection.

8. Lien and Security Interest

8.1  The Company has a general possessory lien overall Goods in its possession or control until all accounts due by the Customerare paid in full, including all costs incurred to default on payment.

8.2  Where payment is not made, such Goods may bedetained by the Company, which may sell all or any of the Goods by publicauction or private treaty without notice to the Customer, and apply theproceeds to satisfy the unpaid account, including the costs of detaining andselling the Goods.

8.3  The Customer acknowledges and agrees thatclause 8.1 creates a security interest in the Goods, that these Termsconstitute a security agreement securing all amounts payable by the Customer tothe Company, and that the Company may register a financing statement to protectits security interest. The Customer agrees that sections 114(1)(a), 133, and134 of the PPSA will not apply, agrees to contract out of the Customer's rightsunder sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132 of thePPSA, and waives its right to a verification statement under section 148 of thePPSA.  

8.4  The Customer shall unconditionally ratify anyactions taken by the Company under clause 8.

9. Liability

9.1  To the maximum extent permitted by law, theCompany shall not be liable, whether in negligence, any other tort, contract,or otherwise, for:

9.1.1  any loss,destruction of, or damage to  Goods;

9.1.2  anynon-delivery, mis-delivery, or delay in delivery of Goods;

9.1.3  anyadvice, information, or assistance provided by or on behalf of the Company; or

9.1.4  anyconsequential or indirect loss whatsoever (including loss of profit or loss ofmarket) arising from any of the matters referred to in clauses 9.1.1 to 9.1.3above, in any circumstances and whether or not foreseeable, and whether or notcaused by the negligence, default, or misconduct of the Company.

9.2  Without limiting clause 9.1, the Company shallnot be liable for any damage to the Site, including driveways, paths, lawns,underground or overhead services, arising from the positioning or operation ofthe Equipment in accordance with clause 5, whether or not such damage wasforeseeable.

9.3  The Company,its subcontractors, and their officers, employees, and agents shall not beliable for any accident, injury, death, damage, or loss to any Goods, persons,or property arising from the use of the Equipment or any vehicle, except wheresuch loss arises from the negligence, misconduct, or wilful default of theCompany.

9.4  The Customeragrees to indemnify the Company against all loss, damage or liability, and anyaction, claim, demand, proceeding, or suit taken or made by any person againstthe Company as follows:

9.4.1 payable bythe Company to any third party arising from the Company's handling of Goods orentry upon any premises to handle Goods;

9.4.2  arisingfrom any other act or omission on the part of the Company, its employees, oragents in the reasonable performance of its obligations under these Terms; and

9.4.3  allpayments the Company may make to any of its employees or agents by way ofindemnity to them.

9.5  The Companyshall be entitled, without notifying the Customer, to contest and defend anyaction, suit, proceeding, claim, or demand referred to in clause 9.4.

9.6  In all caseswhere liability has not been effectively excluded, the total liability of theCompany to the Customer shall be limited to the lesser of:

9.6.1  $100,000;

9.6.2  the valueof the Goods at the time they  werereceived by the Company;

9.6.3  the costof resupplying the Goods; or

9.6.4  in anycase to which the Contract and Commercial Law Act 2017 applies, the amountcalculated on the basis of "limited carrier's risk".

9.7  Any claimfor loss of or damage to Goods must be notified to the Company in writingwithin 7 days (time being of the essence) of completion of the Services,failing which the Company shall be discharged from all liability.

9.8  The Companyshall in any event be discharged from all liability unless a claim is filed andserved on it within 9 months of completion of the Services.

9.9  To themaximum extent permitted by law, the parties agree that section 278 of theContract and Commercial Law Act 2017 does not apply to any Carriage or Servicesprovided under these Terms, and that the Company’s liability is excluded orlimited as set out in clause 9.

10. Dangerous or Hazardous Goods

10.1 The Customershall not tender any dangerous, hazardous, flammable, explosive, corrosive, ornoxious Goods for Carriage or Lifting without first providing the Company afull written description of the Goods and the nature and degree of theirhazard.

10.2 In the eventof breach of clause 10.1, the Customer shall be liable for any loss or damagecaused and shall indemnify the Company against all claims, liability, loss,damage, penalties, and expenses arising in connection with such Goods.

10.3 Where Goodsare found to be dangerous or hazardous without having been so disclosed, theymay be destroyed or otherwise dealt with, at the Company's sole discretion,without compensation to the Customer and without prejudice to the Company'sright to Charges.

11. Insurance

11.1 All Servicesare at the Customer's risk. The Company does not insure the Goods on theCustomer's behalf except upon express written instructions from the Customer,and at the Customer's expense.

11.2 Given thelimitations in clause 9, the Company strongly recommends that the Customerarrange its own insurance cover for the Carriage and Lifting of Goods. TheCompany makes no representation as to the suitability of any insurance policyand is not the insurer.

12. Notices

12.1 Any noticemay be given to the Customer by pre-paid post to its last known address, andwill be deemed received on the third working day after posting.

12.2 Notices sentby email are deemed received on the day of transmission.

13. General

13.1 The Customershall not assign any of its rights or obligations under this contract withoutthe Company's prior written consent.

13.2  Failure bythe Company to enforce, or delay in enforcing, any provision of these Termsshall not affect the Company's right to do so at a later time.

13.3 Theinvalidity or unenforceability of any clause shall not affect theenforceability of the remaining clauses.

13.4 These Termsconstitute the entire agreement between the parties and supersede all priornegotiations, representations, and agreements, whether oral or in writing.

14. Disputes and Governing Law

14.1 All disputesarising under these Terms shall be submitted to mediation before either partycommences proceedings.

14.2 These Termsshall be interpreted according to the laws of New Zealand, and the partiessubmit to the exclusive jurisdiction of the Courts of New Zealand.

15. Personal Guarantee of Company Directors or Trustees

15.1 If theCustomer is a company or trust, the director(s) or trustee(s) agree, inconsideration for the Company agreeing to supply goods and services to theCustomer at their request, that the person signing these terms of trade(“Guarantor”) in their personal capacity and jointly and severally personallyundertake as principal debtors to the Company, the payment of any and allmonies now or hereafter owed by the Customer to the Company and indemnify theCompany against non-payment by the Customer. Any personal liability heretoshall not exclude the Customer in any way whatsoever from the liabilities andobligations contained in this contract. The Guarantor and Customer shall bejointly and severally liable under the terms and conditions of this contractand for payment of all sums due hereunder.

15.2 By signingthese terms of trade, the Guarantor is acknowledging:

15.2.1 their right toobtain independent legal advice as to the extent of your obligations under thisPersonal Guarantee prior to signing the same.

15.2.2 they have readand understood these Terms of Trade and agree to be bound by these conditionsaccordingly.

15.2.3 that thisguarantee is a continuing guarantee and indemnity, is in addition to any otherguarantee or security held at any time, and may be enforced without the Companyfirst having taken steps against the Customer any other person or under anyguarantee or security.

15.2.4 personalliability under this Guarantee will not be discharged in unless the Companyagrees to discharge the same and this is recorded in writing.

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