HIRE AGREEMENT TERMS AND CONDITIONS
Dog Mechanics LTD trading as Enriched Canines
(referred to as "the Company", "we", "us", or "our")
1. THE PARTIES AND EQUIPMENT
1.1 This Hire Agreement is between the Company and the customer named on the signature page of this Agreement ("the Hirer", "you", or "your").
1.2 The equipment hired under this Agreement is one (1) Accell Therapy Mat for dogs ("the Equipment").
1.3 The Hirer acknowledges that they have inspected the Equipment prior to taking possession and have found it to be in good working order and acceptable condition, with no defects or damage noted except as recorded on the Hire Confirmation Form.
2. HIRE PERIOD AND CHARGES
2.1 The minimum hire period is 21 days (three weeks).
2.2 Hire charges are calculated in full weekly increments only. Any part of a week is charged as a full week.
2.3 The hire rates are as follows:
- $60.00 NZD per week for hires of 3 to 7 weeks (inclusive)
- $50.00 NZD per week for hires of 8 consecutive weeks or more
2.4 By way of example:
- A hire of 21 days is charged as 3 weeks = $180.00 NZD
- A hire of 29 days is charged as 4 weeks = $240.00 NZD
2.5 The Hirer may extend the hire period beyond the original agreed return date, subject to:
- The Equipment not being pre-booked by another customer
- A minimum of 48 hours' prior notice being given to the Company
- Payment for the additional full weeks being made upfront
2.6 No refunds or credits will be given for early return of the Equipment.
3. PAYMENT AND BOND
3.1 Full payment for the entire agreed hire period must be made upfront before the Hirer takes possession of the Equipment.
3.2 A refundable bond of $200.00 NZD is required at the time of hire. This bond is held as security against:
- Damage to the Equipment (beyond normal wear and tear)
- Excessive dirt, hair, or odour requiring cleaning
- Late return of the Equipment
3.3 The bond will be refunded to the Hirer within 7 days of the Equipment being returned and inspected by the Company, less any deductions as set out in clause 7 below.
3.4 If the hire is extended, the additional weeks' hire charges must be paid upfront before the extension commences.
4. COLLECTION, DELIVERY, AND RETURN
4.1 Collection (from the Hirer)
The Hirer is responsible for:
- Collecting the Equipment from the Company's premises at the agreed time, OR
- Arranging and paying for delivery of the Equipment from the Company to the Hirer's nominated address
4.2 Delivery by the Company
If the Hirer requests delivery:
- Delivery charges are as listed on the Company's website and are subject to change without notice
- The Hirer is responsible for providing a correct and secure delivery address where someone is available to receive the Equipment
- The Company is not liable for any loss, damage, or delay caused by the courier or delivery service
4.3 Return of the Equipment
The Hirer is solely responsible for returning the Equipment to the Company at their own cost and risk. The Hirer may return the Equipment by either:
- Option A: Drop-off: Returning the Equipment in person to the Company's premises during business hours; OR
- Option B: Courier: Packaging the Equipment securely and sending it via a tracked courier service to the Company's address
4.4 Return Shipping (Courier Option)
If the Hirer chooses to return the Equipment by courier:
- The Hirer must use a tracked courier service (e.g. NZ Post, CourierPost, Aramex, or equivalent)
- The Hirer is responsible for all courier costs
- The Hirer is responsible for adequately packaging the Equipment to prevent damage in transit
- The Hirer bears all risk of loss or damage to the Equipment until it is received and signed for by the Company
- The Company is not responsible for any courier delays, lost parcels, or damage caused by the courier
4.5 Proof of Return
For courier returns, the Hirer must:
- Provide the Company with the tracking number immediately upon dispatch
- Retain proof of postage and tracking information until the Company confirms receipt
4.6 Return Date and Time
The Equipment must be returned to the Company (either by drop-off or courier delivery) by the agreed return date.
Important: If returning by courier, the Hirer must dispatch the Equipment with sufficient time to ensure it arrives at the Company's premises by the return date. The Company will deem the Equipment "returned" on the date it is physically received at the Company's premises, not the date it was dispatched.
4.7 Late Returns
- A late fee of $10.00 NZD per day (or part thereof) will apply for any Equipment returned after the agreed return date.
- The Company may also deduct from the bond and/or charge the Hirer for any loss of business caused by the late return.
- If the late fee and associated costs exceed the bond amount, the Hirer remains liable for the full balance.
5. USE OF THE EQUIPMENT
5.1 The Equipment must only be used:
- Indoors on a suitable flat surface
- Under direct supervision of the Hirer at all times while in use by a dog
- In accordance with any reasonable instructions provided by the Company
5.2 The Hirer must not:
- Allow the Equipment to be used by any dog with infectious diseases, parasites, or skin conditions that could contaminate the Equipment
- Allow the Equipment to be used by any dog other than the one(s) declared by the Hirer at the time of hire
- Sub-hire, lend, or otherwise transfer the Equipment to any third party
- Use the Equipment outdoors or on any surface that could cause damage (e.g. rough concrete, gravel, sharp objects)
- Allow the Equipment to be chewed, scratched, or otherwise damaged by any dog
5.3 The Hirer acknowledges that they are solely responsible for:
- Ensuring the Equipment is suitable for their dog's specific needs, size, and temperament
- Ensuring their dog does not have allergies or sensitivities to the Equipment's materials
- Supervising their dog to prevent damage to the Equipment
6. CARE, CLEANING, AND MAINTENANCE
6.1 The Hirer must take reasonable care of the Equipment during the hire period and keep it in the same condition as received (fair wear and tear excepted).
6.2 Cleaning Requirements:
- The Equipment must be returned in a clean and hygienic condition
- Basic cleaning instructions: Wipe the mat with a damp cloth and allow to dry completely before return
- The Equipment must be free from excessive dirt, dog hair, odours, or stains
6.3 Cleaning Fee:
- If the Equipment is returned in an excessively dirty or unhygienic condition, a cleaning fee of $50.00 NZD will be deducted from the bond.
7. DAMAGE, LOSS, AND REPLACEMENT
7.1 The Hirer is fully responsible for the Equipment from the moment they take possession until it is returned to and inspected by the Company.
7.2 Normal Wear and Tear: Gradual deterioration of the Equipment through ordinary, proper use is expected and will not be charged to the Hirer.
7.3 Minor Damage:
- Examples include small tears, chewed power cables, surface marks, or other damage that does not render the Equipment unusable
- In such cases, the Company will retain the full $200.00 NZD bond to cover repair or diminished value costs
7.4 Major Damage or Total Loss:
- If the Equipment is damaged beyond repair, destroyed, or lost (including theft), the Hirer will be liable for the full replacement cost
- The current replacement cost of the Accell Therapy Mat is $6,000.00 NZD
- The $200.00 bond will be credited towards the replacement cost, leaving a balance of $5,800.00 NZD payable by the Hirer
7.5 Theft: If the Equipment is stolen, the Hirer must:
- Report the theft to the New Zealand Police immediately
- Provide the Company with a copy of the police report
- Pay the full replacement cost as set out in clause 7.4
7.6 The Company reserves the right to inspect the Equipment upon return and determine, in its reasonable discretion, whether damage is minor or major.
8. BREAKDOWN DURING HIRE
8.1 If the Equipment fails or becomes defective during the hire period through no fault of the Hirer, the Hirer must:
- Immediately cease use of the Equipment
- Contact the Company to report the issue
8.2 The Company will, at its discretion:
- Repair the Equipment if practical; or
- Offer a replacement mat if available; or
- Provide a pro-rata refund for the unused hire period
8.3 The Company is not liable for any consequential losses suffered by the Hirer as a result of Equipment breakdown or unavailability.
9. DISCLAIMER AND LIABILITY
9.1 No Warranty: The Company makes no warranty, guarantee, or representation that the Equipment will produce any specific therapeutic or health benefit for any dog.
9.2 The Hirer acknowledges that the Equipment is provided "as is" and that the Hirer has satisfied themselves as to the Equipment's suitability for their dog's intended use.
9.3 Exclusion of Liability: To the fullest extent permitted by law, the Company excludes all liability for:
- Any injury, illness, or adverse reaction suffered by any dog or person arising from the use of the Equipment
- Any loss of profits, business, or other consequential losses
- Any damage to property caused by the Equipment or by a dog using the Equipment
9.4 Nothing in this Agreement excludes or limits the Company's liability for:
- Death or personal injury caused by the Company's negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded by New Zealand law
10. CANCELLATION
10.1 If the Hirer cancels the hire before taking possession of the Equipment:
- A full refund of all payments made (including bond) will be provided
- Cancellation must be communicated in writing (email is acceptable)
10.2 If the Hirer cancels after taking possession of the Equipment:
- No refund of hire charges will be given
- The bond will be refunded (subject to clauses 3 and 7) provided the Equipment is returned in acceptable condition
10.3 The Company reserves the right to cancel the hire at any time if:
- The Equipment becomes unavailable due to damage or breakdown prior to the hire start date
- The Hirer fails to provide required identification or payment
- In such cases, a full refund of all payments made will be provided
11. FORCE MAJEURE
11.1 The Company is not liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to:
- Natural disasters, fires, floods, or extreme weather
- Pandemics, epidemics, or government-imposed restrictions
- Theft, vandalism, or damage to the Equipment by third parties
11.2 In such circumstances, the Company will make reasonable efforts to provide a replacement or offer a pro-rata refund.
12. GENERAL PROVISIONS
12.1 Governing Law: This Agreement is governed by the laws of New Zealand. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the New Zealand courts.
12.2 Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.
12.3 Variation: No variation of this Agreement shall be effective unless made in writing and signed by both parties.
12.4 Severability: If any part of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect.
12.5 Identification: The Hirer must provide valid photographic identification (e.g., NZ Driver Licence, Passport) and proof of address at the time of hire.
13. DECLARATION BY HIRER
By signing below, the Hirer declares that:
- I have read, understood, and agree to be bound by these Terms and Conditions.
- The dog(s) that will use the Equipment do not have any infectious diseases, parasites, or contagious skin conditions.
- I understand that the Equipment must be used indoors and under my direct supervision at all times.
- I have inspected the Equipment and accept it in its current condition.
- I am over 18 years of age.
- The information I have provided is true and correct.
CLEANING & CARE REMINDER FOR HIRER
- Wipe the mat with a damp cloth before return.
- Allow the mat to dry completely before storing or returning
- Remove dog hair with a soft brush or lint roller
- Do not use harsh chemicals, bleach, or abrasive cleaners
- Do not machine wash or submerge in water
- Return the mat clean, dry, and free of odours to avoid the $50.00 cleaning fee