Terms & Conditions of On Air Rentals

1. Definitions:

        1.1. On Air Rentals is the trading name and a division of On Air Limited.

        1.2. The Customer means the person(s) or entity hiring equipment, or buying goods or services from On Air Rentals and includes all persons acting on behalf of or under the instructions of the Hirer.

        1.3. Hire includes hire of equipment, borrowing equipment, free or discounted hires, taking possession or control of equipment for testing and the like irrespective of whether an advance reservation has been arranged. Equipment can be on hire to a customer while still on On Air Rentals premises.

        1.4. Equipment means any equipment, tools, cases, accessories, media, books or vehicles hired by On Air Rentals to the customer whether or not they are owned by On Air Rentals.

        1.5. Goods means any item(s) sold by On Air Rentals.

        1.6. Lost means lost, stolen, missing or otherwise unaccounted for.

        1.7. Damaged means damaged or destroyed, and includes cosmetic damage.

2. All business with On Air Rentals is conducted strictly on the basis of these terms of business which replace previous terms of business and take precedence over any terms offered by the customer.
3. By requesting a reservation with On Air Rentals, hiring equipment or personnel, or purchasing goods from On Air Rentals the Customer will be deemed to have accepted all the terms and conditions of this agreement without qualification.
4. These terms cannot be altered in any way except by the written agreement of On Air Rentals.
5. Any relaxation, waiver or failure to enforce any part of these terms by On Air Rentals does not constitute a waiver of any other part of these terms and does not apply to subsequent occasions.
6. If for any reason the customer does not sign a hire agreement, acceptance of the equipment or goods when handed over to the customer shall in itself constitute an acceptance of the hire agreement and of any estimate or quotation, as prepared and signed by On Air Rentals.
7. The Customer shall not assign, transfer or sublet their rights under this agreement and will not pledge, mortgage or encumber equipment or their rights under this agreement.
8. The customer shall not re-hire the equipment to another party without written permission from On Air Rentals.
9. The Customer will comply with all relevant laws and regulations when using the equipment.
10. The Customer shall advise On Air Rentals of the intended and actual situation of the equipment during the hire period and shall not remove the equipment out of New Zealand unless agreed upon by On Air Rentals in writing.
11. The Customer shall allow On Air Rentals access to the equipment and goods for the purposes of inspection, repair, or recovery under these terms.
12. The customer shall not allow the equipment to be used on any abnormal or hazardous assignment without prior written permission of On Air Rentals. This includes but is not limited to environments where the equipment could be affected by atmospheric or environmental corrosion, including volcanic or salt-laden atmospheres, sandy, dusty salt water or fresh water environments, and on boats or over water. Written permission under this clause of On Air Rentals terms does not constitute any waiver of On Air Rentals’ rights under this agreement.
13. The Customer acknowledges receipt of equipment in good working order and good condition, without scratches, impact damage, or fault of any nature except as noted by On Air Rentals.
14. On Air Rentals is not responsible for incomplete kits or incorrect functioning of equipment. It is the responsibility of the Customer to check the functioning and adequacy of the equipment.
15. The Customer should monitor and check all recordings made by the equipment. On Air Rentals does not accept any responsibility for failure to record data, defects in recording, or partial or complete loss of data.
16. On Air Rentals may charge a cancellation fee, determined at its sole discretion, in place of estimated charges on a confirmed reservation that is cancelled or postponed.
17. The Customer is responsible for the care and safekeeping of the equipment or goods from the time of delivery until they are returned to On Air Rentals. If On Air Rentals agrees to deliver the equipment, the customer is liable from the time it leaves On Air Rentals’ premises. On Air Rentals resumes responsibility for the equipment when it is returned to its premises or until it is shipped back and accepted by On Air Rentals.
18. Acceptance of returned equipment by On Air Rentals does not discharge the Customer from any obligations under these terms. Equipment is acknowledged as complete, undamaged, and in good working order after On Air Rentals has completed its post-hire checks.
19. If the customer hires a self-contained package with an operator or vehicle provided by On Air Rentals, the equipment remains under On Air Rentals’ care, and the customer’s liability is reduced to applicable insurance excesses. However, if some or all of the equipment is handed over to the customer, it is the customer’s responsibility, and the equipment is subject to these terms.
20. The Customer must arrange comprehensive insurance acceptable to On Air Rentals for the equipment and goods during the hire period. On Air Rentals shall be a named loss payee under the policy. The Customer must provide evidence of suitable insurance when requested, but acceptance of that evidence does not reduce the customer’s liability.
21. The customer may request insurance cover under On Air Rentals’ policies, subject to a damage waiver fee, reducing the customer’s liability to applicable insurance excesses. However, various exclusions apply to On Air Rentals’ insurance.
22. If equipment is lost or damaged, the customer must pay the cost of assessment, estimation, checking of the equipment, investigation costs, recovery costs, replacement cost, repair cost, freight costs, third-party advice costs, and preparation of claims and documentation. Lost equipment is deemed to be unrecoverable after 14 days, and On Air Rentals has sole discretion to decide whether equipment is replaced or repaired.
23. Any loss or damage to the equipment shall be notified to On Air Rentals, and the Customer must promptly supply a written report and all relevant information and documentation. The Customer will not do anything to prejudice an insurance claim.
24. If On Air Rentals supplies replacements for lost or damaged equipment, it will be charged at full list rates.
25. Returning equipment in a dirty or improperly packaged condition will result in a surcharge when renting from On Air Limited, trading as On Air Rentals.
26. On Air Limited may charge the customer for disassembling equipment for checking after a hire, whether or not damage is found.
27. Customers renting equipment from On Air Limited must ensure that all equipment is used in a skillful and proper manner by persons with the necessary experience and familiarity with that type of equipment.
28. Customers must use equipment rented from On Air Limited in a lawful manner, with due regard to all laws and regulations pertaining to the use of such equipment.
29. The hirer renting equipment from On Air Limited warrants that all persons who use the equipment shall be competent and qualified to use the equipment, shall use the equipment in the manner it was designed to be used, and follow any directions from the owner, local authorities, codes of practice, and/or the manufacturer of the equipment relating to the use and safety of the equipment. The hirer shall comply with all obligations in relation to the use and control of the equipment and person using said equipment in accordance with the Health and Safety Act 1992 and April 2016.
30. Except as permitted by the Consumer Guarantees Act 1993, the customer renting equipment from On Air Limited shall not bring or threaten to bring any claim against the company for loss or damage incurred or threatened against the hirer or arising directly or indirectly from the hirer’s use of the equipment.
31. Customers renting equipment from On Air Limited will not attempt to adjust or repair or interfere with equipment except where it is necessary for its proper and normal use.
32. Except to the extent implied by any statute or regulation in force, On Air Limited makes no warranties or representations in respect of the equipment or goods, and the customer accepts the equipment relying on their own knowledge and opinion of the equipment.
33. Title to goods sold to the customer does not pass to the customer until fully paid for, but the customer is liable for the goods that are lost or damaged.
34. On Air Limited may register a security interest in goods under Personal Property Security Act 1999.
35. Goods rented from On Air Limited are not returnable.
36. On Air Limited (and the supplier of equipment or goods to On Air Limited) is not liable for consequential losses to the customer or any third party caused as a result of the equipment not being fit for any use to which it is put or failure of the equipment to perform adequately in any way, or for any other reason.
37. For hire durations of longer than one month, or in any circumstances where the hire period is extended beyond the equipment or appliance electrical safety test date, it shall be the responsibility of the customer to meet the conditions of testing, tagging, and recording required by AS/NZS3760.
38. In the event of any breach of these terms or in On Air Limited’s opinion, the customer is likely to breach these terms, On Air Limited may, at its sole discretion, terminate the hire and/or sale without further notice, and the customer shall forthwith at their own risk and cost, deliver up the equipment and/or goods to the On Air Limited premises. If the customer refuses or does not do this, On Air Limited, its servants, and agents may, without previous notice, enter into and upon any premises where the equipment is, seize and retake possession of it. The customer shall be liable to pay upon demand all costs of recovery.
39. Payment to On Air Limited will be at the time and in the manner specified by the company. Unless otherwise agreed, the terms of payment are cash on delivery. On Air Limited may require a non-refundable deposit as prepayment to confirm a reservation,
40. If the Customer breaches these terms, fails to make any payment in full by the due date, or in On Air Rentals’ opinion is likely to be unable to make payment in full by the due date, is placed in receivership, liquidation, voluntary administration, bankruptcy or makes creditor arrangements, then On Air Rentals may, at its sole discretion, terminate the hire or sale and cancel any outstanding order without further notice. On Air Rentals’ determination of the amount due, including any further charges, is deemed to be correct.
41. In the event of default by the Customer, On Air Rentals shall be entitled to demand and recover from the Customer interest on any outstanding amount calculated from the date the sum or sums were due to be paid until the date of actual payment. The interest shall be payable at On Air Rentals’ then-current overdraft rate plus 4% p.a. compounded monthly.
42. On Air Rentals has the right to seek credit and bona fides information from any source about the Customer and the persons employed by the customer who may operate the equipment or otherwise be entrusted with its safekeeping. The Customer consents to the disclosure of this information.
43. On Air Rentals has the right to refuse a reservation, hire, sale, to extend credit, and refuse to allow certain personnel to operate the equipment without giving reasons.
44. The Customer will be liable to pay to On Air Rentals upon demand all and any legal expenses and collection costs incurred by On Air Rentals in the process of enforcing its rights under these terms.
45. The Customer shall not deduct, withhold, or set-off against any sum payable to On Air Rentals. On Air Rentals may accept and apply payments from the Customer in respect of any indebtedness, and On Air Rentals will not be bound by any conditions or qualifications attaching to such payments.
46. Reference: Health & Safety Laws – April 4th, 2016. Where multiple businesses are working together and they have overlapping health and safety duties, they must consult, cooperate, and coordinate their health and safety activities to avoid duplication and prevent gaps.