Terms

Term and Acknowledgements

1.1 This Agreement comes into force when accepted and signed by the Hirer during the online cabin hire application with Diamond Cabins, and continues until it expires or is terminated in accordance with its terms.

1.2 The Hirer acknowledges and agrees:

1. Subject to obligations at law that cannot be contracted out of, the Hirer enters into this Agreement in reliance upon the description of the Cabin on Diamond Cabins’s website at www.diamondcabins.co.nz and upon the Hirer’s own judgement as to the quality of the Cabin and the fitness of the Cabin for the Hirer’s purposes;
2. That the Hirer has agreed that the delivery location/access is within scope of the requirements set by Diamond Cabins on their website
3. That Diamond Cabins, and the manufacturer of the Cabin are separate, independent entities, and neither the manufacturer or any other person is the agent of Diamond Cabins and further acknowledges that no representation, guarantee or warranty by the manufacturer or other person is binding upon Diamond Cabins and that no breach by the manufacturer or any other person will excuse the Hirer’s obligations to Diamond Cabins under this Agreement;
4. If the Cabin is being leased from Diamond Cabins wholly or mainly for use in the Hirer’s business, the provisions of the CGA (Consumers Guarantee Act) do not apply;
5. All information provided by the Hirer in connection with the application for the Cabin and this Agreement is true, correct and complete and not misleading in any way;
6. That Diamond Cabins reserves the right to carry out a credit check on any new customer.

Rights to the Cabin

2.1 The Hirer acknowledges and agrees that:

1. The Hirer’s rights to the Cabin granted under this Agreement are limited to the right of exclusive possession of the Cabin during the Term only on the terms and conditions set out in this Agreement;
2. Neither title in, nor ownership of, the Cabin pass to the Hirer at any time; and
3. This Agreement does not give the Hirer any option or right to purchase the Cabin at any time.

2.2 Any additions, or improvements which shall be effected, to the Cabin, and any accessories which shall be affixed to the Cabin, shall become part of the Cabin for the purposes of this Agreement.

Bond

3.1 Upon execution of this Agreement by the Hirer and acceptance of this Agreement by Diamond Cabins, the Hirer shall pay Diamond Cabins:

1. The Bond (NZ $200);
2. The Delivery Charge (see delivery costs); and
3. The Advance Rent (2 weeks of payments).

3.2 On completion of the online inquiry a representative at Diamond Cabins will contact the Hirer within 3 working days to confirm availability and the delivery date mutually agreed by both parties

Insurance

4.1 Diamond Cabins may obtain any insurance it requires (and for the benefit of Diamond Cabins only) for the Cabin during the Term but will not insure any contents. The Hirer shall be solely responsible for obtaining any insurance cover including for any contents of the Cabin.

4.2 The Hirer will not knowingly, recklessly or negligently do, or permit to be done, anything which might, or could, prejudice any insurance as aforesaid or permit any insurer to deny any claim.

Delivery & Removal of Cabin

5.1 The Hirer must render all reasonable assistance to Diamond Cabins to enable placement of the Cabin at the intended site. The intended site is the site specified during the online application process, or as otherwise approved in writing by Diamond Cabins (Diamond Cabins advise you to be as thorough as possible when submitting your application to avoid any concerns on delivery)

5.2 The Hirer shall ensure that the intended site for the Cabin is accessible by a vehicle suitable for delivery and removal of the Cabin and is clear of any obstacles or conditions that may hinder placement or removal of the Cabin. In addition to the Delivery Charge payable to Diamond Cabins, the Hirer will pay (direct to the driver if required) any extra charges incurred as a result of delays or difficulties (except, where the CGA applies, those arising exclusively from the negligence of the Diamond Cabins) in getting the Cabin from kerb site to the position on site (including, but not limited to, additional costs if the Cabin needs to be lifted over a fence for example), or in removing the Cabin from any site where the Cabin is located. If the intended site proves to be inaccessible or unsuitable (in the driver’s sole opinion), Diamond Cabins reserve the right to withhold the NZ $200 bond and delivery fee, exit the property without providing the Cabin, and this Agreement shall immediately terminate.

5.3 The Hirer authorises Diamond Cabins to deliver the Cabin from the kerb side, onto and as close as physically possible, as adjudged by the driver, to the intended site of the Cabin. The Hirer accepts responsibility and liability for any Loss that may occur to the land access, culverts, buildings, fences, driveways, to any other property in the vicinity of the site, and to any person, during the course of transportation, delivery, placement or removal of the Cabin.

5.4 Upon completion of delivery of the Cabin, the Hirer is responsible for connecting the Cabin to a power source via the supplied caravan power extension cord.

Payments

6.1 On completion of the online application process, the Hirer is committing to pay Diamond Cabins all amounts payable under this Agreement when they are due and without delay.

6.2 The Hirer shall ensure sufficient funds being made available to honour each payment under the Agreement on its due date. If any such payment is not made or honoured by direct debit when due for any reason, the Hirer must make alternative arrangements for the payment to be made on its due date in accordance with the Agreement.

Restrictions On Use of Cabin and Maintenance Obligations

7.1 The Hirer shall only use the Cabin for the purpose(s) specified in the online application process or as otherwise agreed by Diamond Cabins in writing.

7.2 The Hirer is responsible for keeping the Cabin in good working order and repair, and for protecting the Cabin from damage, except for ordinary wear and tear, and from any kind of Loss while the Hirer has (or is required to have) the Cabin in the Hirer’s possession.

7.3 The Hirer shall not alter or modify the Cabin during the term of this Agreement without the prior written consent of Diamond Cabins, and shall not do anything which will or may have the effect of voiding any manufacturer’s warranty for the Cabin. Any agreed alterations will belong to Diamond Cabins. The Hirer indemnifies Diamond Cabins for and against all Losses which Diamond Cabins may incur or suffer due to any act or damage to the Cabin arising from the actions (or inaction) of the Hirer or any person connected with the Hirer.

7.4 In addition to the Hirer other obligations under this Agreement, the Hirer shall ensure that:

1. The Cabin is maintained and kept reasonably clean and tidy at all times;
2. All reasonable care is taken in handling and care of the Cabin and that it is left securely locked when not in use;
3. The Cabin is not used in careless, reckless or dangerous manner or in an unsafe condition;
4. The Cabin is not used in a manner which is illegal or to conduct illegal activities;
5. No animals are allowed in the Cabin at any time;
6. There is no smoking or vaping in the Cabin;
7. No holes are made in the Cabin walls (blu tack may be used to put pictures on the walls but use of tacks or pins is prohibited);
8. Diamond Cabins is notified immediately if there are any problems with the Cabin, including any damage to the Cabin, or if there is any breach of this Agreement.

7.5 The Hirer will not without the prior written consent of Diamond Cabins (which shall be at Diamond Cabins’s sole discretion):

1. Move, relocate, sell, transfer or assign, or sublease, licence, hire or part with possession of the Cabin. This includes the removal of any fixtures or fittings supplied with the cabin
2. Assign the Hirer’s rights under this Agreement;
3. Mortgage, charge, pledge or grant any security interest over the Cabin to anyone other than Diamond Cabins;
4. Affix or attempt to affix the Cabin to any land other than by temporary connections of power;
5. Without limiting any other provision of this Agreement, the Hirer acknowledges that, as between Diamond Cabins and the Hirer, the Cabin shall retain its character as personal property notwithstanding that it may become affixed to any land.

Termination

8.1 Unless terminated earlier in accordance with clauses 8.2 or 8.3 below, this Agreement shall continue in effect after the end of the Minimum Rental Term and until terminated by either party upon at least 4 weeks prior written notice.

8.2 Either party may terminate this Agreement upon at least 4 weeks prior written notice, provided that such termination does not take effect before the Minimum Rental Term expiry date. If the Hirer wishes to terminate this Agreement with effect before the end of the Minimum Rental Term, Diamond Cabins may require the Hirer to pay an early-termination fee of up to 2 months of Rental Payments (as well as any GST).

8.3 Diamond Cabins may immediately terminate this Agreement and repossess the Cabin, if any of the following events occur:

1. If, after this Agreement is signed, the Hirer refuses to obtain or take delivery of the Cabin or fails to do so within a reasonable time (in the sole opinion of Diamond Cabins) after delivery is available;
2. Any amount payable to Diamond Cabins under this Agreement is not paid within 2 weeks after its due date;
3. The Hirer commits a material breach of this Agreement and such breach cannot be remedied, or in the event that such breach is capable of remedy, the Hirer fails to remedy the breach upon receiving notice from Diamond Cabins specifying the breach and requiring the breach to be remedied within seven Business Days of such notice;
4. The Hirer uses the Cabin for any purpose other than specified in the online hire application form or otherwise approved by Diamond Cabins in writing;
5. The Cabin is lost, destroyed, or damaged to such an extent as to make it unfit for use, for any reason;
6. The Cabin is used by the Hirer or any other person in a manner which is illegal or to conduct illegal activities;

8.4 Upon expiry or termination of this Agreement for any reason all amounts payable under the Hirer under this Agreement shall become immediately due and payable. If payment fails to be made with seven Business Days, Diamond Cabins reserve the right to engage a debt collector of which all incurred fees will be the responsibility of the Hirer.