HIRE TERMS AND CONDITIONS

Prestige Loos Limited trading as FLSSH | Effective: 1 January 2026

1. Definitions

In these Terms, the following terms are defined as follows:

Business Day means a day on which banks are open for general banking business in Auckland, New Zealand, excluding Saturdays, Sundays, and any public holidays observed in Auckland;

Default Interest Rate means the rate of 10% per annum;

Equipment means all items specified in the Order Form, together with any additional equipment ordered by the Hirer and accepted by the Owner from time to time;

Hirer means the Hirer recorded in the Account Application Form;

Hire Charge means the charges recorded in the Order Form, as may be varied in accordance with these Terms, and any other charges agreed between the Owner and the Hirer from time to time;

Hire Period means the period in clause 3;

Hire Type means the category of hire selected by the Hirer under the Account Application Form, being one of Wholesale Hire, Cash Hire, or Credit Hire, as indicated in the Account Application Form or otherwise agreed in writing between the parties;

Order Form means the document (in physical or electronic format) provided by the Owner and completed by the Hirer to request the hire of Equipment. The Order Form may include details such as the description of Equipment, delivery instructions, pricing, and any other relevant terms. Order Form may also include any other agreed method of placing an order, including but not limited to email, telephone, online platform, or other electronic communication approved by the Owner;

Owner means Prestige Loos Limited trading as FLSSH;

Possession means the time from when the Hirer physically receives or takes control of the Equipment, whether at the Hirer's premises or another location agreed by the parties;

PPSA means the Personal Property Securities Act 1999;

Proceeds has the meaning given in the PPSA;

Security Interest has the meaning given in the PPSA; and

Terms means these hire terms and conditions.

Unless otherwise defined above, capitalised terms have the meanings given to them in the Account Application Form.

2. Payment

2.1 The Hirer agrees to pay the Hire Charge recorded in the Order Form. The Owner may vary the Hire Charge at any time during the Hire Period by providing the Hirer with 5 Business Days written notice of the revised Hire Charge.

2.2 All charges are exclusive of GST unless otherwise indicated.

2.3 Subject to clause 2.4, the Hirer shall pay all Hire Charges incurred for the Hire Period in accordance with the Owner's invoice or as otherwise agreed between the parties. Payment shall be made in full and without set-off or deduction by the due date specified on the invoice.

2.4 Where the Hire Type is Cash Hire, all charges shall be paid in full prior to dispatch or delivery of the Equipment. Payment must be made via an accepted credit card or via bank transfer to the Owner's nominated bank account, and the Owner shall have no obligation to dispatch or deliver the Equipment until such payment has been successfully processed and confirmed.

2.5 If the Hirer fails to make any payment when due:

the Hirer shall pay the Default Interest Rate on the overdue amount, calculated daily from the due date until payment is received in full; and
the Owner has the right to discontinue servicing or remove all together any Equipment currently on hire to the Hirer.

2.6 Default interest shall accrue and compound monthly and is payable on demand, without prejudice to any other rights or remedies available to the Owner.

2.7 The Owner is entitled to recover from the Hirer all costs that the Owner may reasonably incur in attempting to collect the amounts owing by the Hirer (including actual legal costs and expenses and costs of collection) to the Owner from time to time, whether in relation to any contract or on any other account whatsoever.

3. Hire Period

Unless otherwise specified, the Hire Period commences when the Equipment leaves the Owner's premises and continues until it is terminated in accordance with clause 4.

4. Hire Period Termination

4.1 The Hirer may terminate the Hire Period by requesting the removal of the Equipment by telephone, email, or any other written or digital communication method acceptable to the Owner.

4.2 Upon receiving a request to terminate the Hire Period, the Owner will schedule the removal of the Equipment at a time determined by the Owner, provided that the removal will occur no later than five (5) Business Days after the Hirer's requested removal date.

4.3 The Owner may terminate the Hire Period immediately by giving notice to the Hirer if:

the Owner elects to terminate without cause, provided that the Owner gives the Hirer not less than 24 hours' prior notice;
the Hirer fails to comply with the Terms, or any other agreement between the Hirer and the Owner;
the Owner considers, acting reasonably, that the Equipment may be at risk for any reason whatsoever, including (without limitation) due to the manner of its use by the Hirer, adverse weather conditions, or site/work conditions; or
any step is taken to appoint a receiver, manager, trustee in administration, liquidator, provisional liquidator, statutory manager, administrator, or any similar official to the whole or any part of the Hirer's assets or business.

4.4 The Hire Period shall terminate on the date the Owner physically removes the Equipment from the site (Termination Date). Upon termination under this clause, the Hirer must pay all amounts owing to the Owner, including (without limitation) all Hire Charges accrued up to the Termination Date as invoiced by the Owner.

5. Delivery and Servicing

The Hirer grants to the Owner (and shall procure that the Owner is granted) an irrevocable right and authority to enter, at any time, the premises where the Equipment is or will be used or located, and to bring the Owner's vehicle onto those premises for the purposes of delivering, servicing, or collecting the Equipment, including upon expiry of the Hire Period.

6. Hirer's Obligations

6.1 Except where clause 12.2 applies, if the Equipment is to be used in a location or in a manner that differs from its usual or ordinary use, the Hirer must notify the Owner of the intended location and/or nature of use at the time of hire. The Hirer must not move the Equipment from the notified location without the Owner's prior written consent.

6.2 The Hirer shall exercise proper and reasonable care in the use, handling, and custody of the Equipment and shall, upon termination of the Hire Period make available for pickup the Equipment to the Owner in the same condition as when it left the Owner's premises, fair wear and tear excepted.

6.3 If the Equipment becomes faulty, breaks down, or any warning light or buzzer is activated during the Hire Period, the Hirer shall immediately stop operating the Equipment and notify the Owner.

6.4 The Hirer shall notify the Owner immediately if the Equipment is lost, stolen, or damaged, and comply with all reasonable instructions provided by the Owner.

6.5 If the Hirer tows the Equipment, the Hirer must:

comply with all applicable laws, regulations, and road safety requirements;
ensure that the towing vehicle is suitable, properly maintained, and legally permitted to tow the Equipment;
exercise all due care and skill to prevent damage to the Equipment and any third party property; and
indemnify the Owner against any loss, damage, or liability arising from the towing of the Equipment.

6.6 Subject to clause 7, the Hirer shall be liable for any loss of (including loss of revenue suffered by the Owner) or damage to the Equipment (other than fair wear and tear) occurring during the Hire Period, regardless of cause.

7. Damage Waiver

7.1 Subject to clause 7.2, if the Hirer has elected to purchase a damage waiver for an additional charge per week, as specified in the Account Application Form, upon payment of the damage waiver fee, the Hirer shall be relieved from liability for accidental damage to the Equipment during the Hire Period.

7.2 The damage waiver does not cover:

Theft of or criminal damage to the Equipment unless reasonably locked and secured;
Damage or loss due to misuse, abuse or overloading of the Equipment or failure to take reasonable care of it, including any overloading of any motors or other electrical appliances or devices;
Damage to tyres or tubes resulting from blowouts, bruises, cuts, kerbing, or any other causes arising from the use of the Equipment;
Loss or damage of the Equipment arising from a breach by the Hirer of the Terms;
Loss or damage resulting from the use of the Equipment in violation of any statute, regulation, or by-law; and
Any damage arising from negligence or any prohibited use of the Equipment.

8. Title and Risk

8.1 Title of the Equipment will not pass to the Hirer and will remain the property of the Owner.

8.2 The Hirer assumes all risk in the Equipment on Possession.

9. Security Interest

9.1 As security for all the Hirer's obligations under the Terms (including for payment of the money owing and for the performance from time to time of the Hirer's other obligations to the Owner), the Hirer grants to the Owner a Security Interest in all the Equipment the Owner agrees to hire to the Hirer, together with the Proceeds. Such security shall continue until all sums owing by the Hirer to the Owner in respect of any Equipment supplied have been paid in full.

9.2 The Hirer will do such acts and provide such information as in the opinion of the Owner (acting in its absolute discretion) may be necessary or desirable to enable the Owner to perfect its Security Interest under the PPSA as a first-priority interest, or with such other priority as the Owner may require in writing.

9.3 The Hirer waives any right to receive a copy of a verification statement under the PPSA and agrees, to the extent permitted by law, that, as between the Owner and the Hirer:

sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA will not apply;
the Hirer will have none of the rights referred to in paragraphs (a), (c) to (i) of section 107(2) of the PPSA; and
where the Owner has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply and, in particular, will not be limited by section 109 of the PPSA.

9.4 The Hirer shall pay expenses of and incidental to the need for, or desirability of registration of, a financing statement or financing change statement or any action taken by the Owner to comply with the PPSA.

10. Warranties and Limitation of Liability

10.1 Subject to clause 10.3, the Owner makes no representations or warranties, express or implied, in relation to the Equipment.

10.2 To the maximum extent permitted by law, but subject to clause 10.3 the Owner's total liability (whether in contract, statute, tort, including negligence, or otherwise howsoever arising) for any claim by the Hirer relating to or arising from the hire of the Equipment shall not exceed the amount paid by the Hirer for the hire of the Equipment.

10.3 If the Equipment is hired by the Hirer in trade for business purposes:

the Consumer Guarantees Act 1993 (CGA) does not apply to the hire of the Equipment; and
the Owner and the Hirer agree that pursuant to section 5D of the Fair Trading Act 1986 (FTA) they contract out of sections 9, 12A, 13 and 14(1) of the FTA,

nothing in these Terms is intended to contract out of the provisions of the CGA or the FTA, except to the extent permitted by those Acts.

11. Acknowledgments

11.1 The Hirer acknowledges that it has inspected the Equipment and is satisfied that the Equipment is fit for the Hirer's intended purpose and use. The Hirer accepts full responsibility for ensuring the Equipment's suitability for such purpose and is hired on an "as is" basis.

11.2 The Hirer agrees that Hire Charges shall continue to accrue and remain payable during any period in which the Equipment is unavailable for use due to damage, fault, or defect, whether reported or not, until the Equipment is repaired or replaced by the Owner. No credit, refund, or abatement of hire charges shall apply for any such period, including weekends or public holidays, unless expressly agreed by the Owner.

11.3 The Hirer acknowledges and agrees that the Owner may amend, modify, or update these terms and conditions at any time, at its sole discretion. Any such amendments shall become effective upon publication on the Owner's official website. The Hirer's continued use of the Equipment or services after such publication shall constitute acceptance of the revised terms and conditions. It is the Hirer's responsibility to review the Owner's website periodically for any updates.

11.4 This clause 11 survives termination.

12. Assignment

12.1 The Hirer must not assign all or any of its rights and obligations under these Terms, nor part with possession or control of the Equipment, whether by sub-hire, lease, or any other arrangement, except as expressly permitted under clause 12.2.

12.2 Where the Hire Type is Wholesale Hire, the Hirer may transfer possession or control of the Equipment to a third party. Notwithstanding such transfer, the Hirer shall remain solely and fully responsible for the safekeeping of the Equipment and shall be liable for any loss, theft, damage, or deterioration of the Equipment, howsoever caused, until the Equipment is returned in accordance with these terms and conditions.

12.3 The Owner may assign these Terms, in whole or in part, to any third party without the prior consent of the Hirer.

13. General

13.1 Failure or delay by either party in exercising, or partial exercise of, any right, power or remedy under or in connection with these Terms does not constitute a waiver of that right, power or remedy. A waiver, to be effective, must be in writing.

13.2 Should any part or provision of these Terms be held invalid or unenforceable, such invalid or unenforceable part or provision will be deemed severed and will not affect the validity or enforceability of the remainder of the these Terms.

13.3 The Hirer shall sign such further documents and do all acts, matters or things as shall reasonably be required to give effect to the provisions and intent of this Agreement.

13.4 These Terms shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

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