Tradequip is a web service platform. The general terms of below apply to the use of Tradequip
Your advertised prices must include GST and you’re responsible for your taxes.
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilise the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Tradequip service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Tradequip and terminate their right of use of the service without any specific reason and without being liable for compensation.
Tradequip Rental Agreement
IMPORTANT – READ THIS CAREFULLY BEFORE AGREEING TO RENT WITH TRADEQUIP.
For the purposes of this Agreement, (a) “Equipment” is any type of equipment made available through the Tradequip website (“Site”,”Tradequip Platform” or “Tradequip Services”); (b) the “Renter” is the person renting the Equipment and any other equipment using an account created on the Site), and the “Owner” is the owner or authorised agent for the Equipment made available for rent via the Site. Owners and Renters are collectively referred to as “Users”. This is a binding agreement between Renter and Owner.
Tradequip NZ Limited, (“Tradequip”) is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement.
Owner enters into this Agreement and allows Renter to rent and use the Equipment, along with any associated equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Equipment, Renter acknowledges that:
he or she has read and understood this Agreement;
he or she agrees to be bound by all of the terms of this Agreement;
he or she is knowledgeable with respect to the type of Equipment being rented and adjustments required for safe operation and use; and
If he or she is not knowledgeable with respect to the type of equipment being rented and the specific adjustments required for its safe operation and use, he/she is hereby advised to seek assistance of a suitably qualified person or instructor for proper evaluation, adjustment and tuning of the Equipment
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT the Equipment OR ANY OTHER EQUIPMENT.
Use of the Tradequip Platform or use of the Tradequip Services confirms that You agree to be bound by this Agreement and terms and conditions as provided herein.
Renter and Owner agree as follows:
1.1. Agreement to Rent. By accepting this Agreement, Owner agrees to rent the Equipment to Renter, and Renter agrees to rent the Equipment from Owner, on the terms and subject to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”).
1.2. Booking and Payment. Renter authorises Tradequip to charge the amounts due as a result of the Booking Rental process to Renter’s credit card or other payment method. Charges for upcoming rentals will be processed at the time of the booking.
1.3. Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Equipment.
1.4. Pre and Post Rental Form. Owner and Renter acknowledge that the Pre and Post Rental Form must be completed prior to commencement of the Rental Period and upon completion of the Rental Period. Owners must retain all completed Pre and Post Rental forms for a period of 12 months after completion.
1.5. Refunds and Cancellations. No refunds are available unless mutually agreed and facilitated by the Owner and Renter. If an Owner agrees to refund part or all of a Rental Payment, the Owner must refund the Rental Payment back into the Renter’s nominated account less the Tradequip Service Fee.
1.6. Insurance. Tradequip DO NOT offer Insurance policy protection should a Renter default on their obligations.
1.7. Security Deposits. Owners may choose to include security deposits in their Listings. Each Listing will describe whether a Security Deposit is required and the form of security that will be taken. Where a Security Deposit is required, Renter agrees to provide the Security Deposit and Owner agrees to hold the Security Deposit for the Rental Period. Renter acknowledges that the Security Deposit may be used to pay the Owner for loss and/or damage caused to the Equipment during the Rental Period. Owner acknowledges that they are responsible for refunding the Security Deposit, either in part or in full at the end of the Rental Period. Tradequip is not responsible for accepting administering, or returning Security Deposits. Further, Tradequip is not responsible for administering or accepting any claims related to Security Deposits, and disclaims any and all liability in this regard. Owners should be aware of the local laws and jurisdictions governing the taking of Security Deposits before deciding whether or not to accept a Security Deposit.
2. OWNER OBLIGATIONS
2.1. Condition of Equipment. By making the Equipment available for rent hereunder, and agreeing to the terms of this Agreement, Owner represents and warrants that (a) he or she is the sole owner of the Equipment, or that he or she has full agency or other authority to enter into this Agreement and to rent the Equipment to Renter; (b) the Equipment has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Equipment is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Equipment during the Rental Period, other than adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level; (d) and that, they have had a professional service by a qualified mechanic within the preceding 12 month period and the Owner must maintain evidence of the service and a record of faults found/rectified for a minimum period of 12 months from the date of service. Unless expressly agreed, the Rental does not include additional equipment, such as accessories, cases, covers etc.
2.2. Your advertised prices must include GST and you’re responsible for your taxes. If you are GST registered and you are a New Zealand based business or you are a tax resident of New Zealand for the purposes of GST law, you must list equipment and services in New Zealand dollars and include GST (if any) in the price.
3. RENTER OBLIGATIONS
3.1. Usage. No other person may operate the Equipment except Renter. Renter may not add any kind of modifications. For rentals of sports equipment, unless expressly included in the Rental, Renter is responsible for provision of any other necessary equipment. Renter is also responsible for making proper adjustments to the Equipment and associated equipment, if any. Renter is advised to seek professional assistance with these adjustments. Without limiting the assumption of risk and waivers set forth in Section 3, Renter knowingly and voluntarily waives any claim it may have against Owner and Tradequip with respect to the proper adjustment of any equipment.
3.2. Renter must follow all laws, rules and regulations, as well as posted signs and warnings. Renter should always be aware of road and trail conditions, as well as weather and other environmental factors which may affect safe operation of the Equipment. Renter is responsible for securing the Equipment at all times, including the use of theft prevention devices, where appropriate, and only storing the Equipment in an enclosed area at night. Renter is also responsible for any injuries to themselves or other people, or damage to the Equipment or any other property during the Rental Period.
3.3. Return. Renter agrees to return the Equipment to Owner in the same condition as received, except for ordinary wear and tear and ordinary adjustments meant to fit the Equipment to the user’s height, weight and skill level, on the due date and time and at the location specified by Owner at time of rental. Renter understands that there may be additional charges if the Equipment is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental.
3.4. If Renter fails to return the Equipment at the agreed date, time and location, and has not agreed with Owner or Tradequip on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Renter fails to return the Equipment at the rescheduled time and place, then (a) Tradequip shall determine that Renter does not intend to return the Equipment; (b) Tradequip or Owner may lawfully repossess the Equipment; and (c) Tradequip and Owner may exercise any other rights or remedies, and take any other necessary measures, to repossess the Equipment and/or collect the full amount owed by Renter hereunder.
3.5. If Owner fails to appear at the scheduled time and place for return of the Equipment, Renter remains responsible for the safe keeping of the Equipment. In such event Renter should contact the Owner to arrange alternate means for return of the Equipment. Owner shall be responsible for any fees incurred by Renter in connection with such alternate return method. Tradequip shall not be responsible for any delay or loss of use of the Equipment due to Owner’s failure to appear as scheduled or to make alternate payment and return arrangements.
3.6. Repossession. Owner may repossess the Equipment at any time if: (a) the Equipment is used in violation of law; (b) it appears the Equipment is abandoned, (c) the Equipment is used in violation of any term or condition in this Agreement, (d) Renter made a misrepresentation to Owner or (e) Renter fails to return the Equipment when due. Owner is not required to notify Renter in advance of repossession.
3.7. Prohibited Use. Use of the Equipment is restricted to the general geographical area agreed upon by Renter and Owner. Renter will not operate Equipment outside of this area and will not remove Equipment from this area. Renter agrees not to use or permit the Equipment to be used for hire or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Equipment to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Owner for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph. Equipment should not be stored outside overnight, with or without theft prevention devices. Owner may not approve overnight outdoor storage, and Renters are advised that any approval or direction by Owner will not relieve Renter of potential liability.
3.8. Damage to Equipment. Renter shall pay Owner for all losses and/or damage to the Equipment, except for ordinary wear and tear that does not impact the usability of the Equipment or significantly impact the resale value of the Equipment, regardless of fault (e.g. Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault).
3.9. Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Equipment, including any instructions or security devices provided by Owner.
3.10. Renter agrees to pay Owner for all losses and/or damage to Equipment in accordance with the Damage/Cost Schedules set forth on Schedule 1 of this Agreement.
3.11 Tradequip will not be liable or held responsible for recovering funds on behalf of the Owner in respect to losses and/or damage to the Equipment.
3.12 Repairs. If Renter experiences any malfunctions with the Equipment during the Rental period, Renter should immediately notify Tradequip and Owner to obtain authorisation for repairs. Renter agrees that he or she will be responsible for any unauthorised repairs or modifications to the Equipment. Renter understands that Owner will not reimburse Renter for any authorised repairs without receipts. All repairs needed as a result of the use of the Equipment will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter. Owner shall be responsible for returning the Equipment to its prior state due to adjustments necessary to properly fit the equipment to Renter’s height, weight and skill level. If a malfunction compromises the safety or usability of Equipment during a Rental, the Renter should contact the Owner immediately and arrange for return of the Equipment to the Owner. In such an event, the cost for any remaining days of the Rental would be refunded to the Renter.
3.13. Ownership. the Equipment, at all times, remains the exclusive property of Owner. Renter is responsible for theft, damage to or loss of Equipment. If the Equipment is stolen, lost, destroyed or damaged beyond repair in the judgment of Owner, Renter agrees to pay Owner the value of Equipment.
4. ACKNOWLEDGEMENT OF RISKS, WAIVER AND INDEMNITIES
4.1. Acknowledgement of Risks. Renter understands and acknowledges that the Equipment is provided “as is” and without warranties. Renter further understands and acknowledges that hazardous activities that entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks cannot be eliminated by Owner without jeopardising the essential qualities of this activity. The risks include, without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).
4.2. Renter understands that certain Equipment typically contain binding systems that may not release or retain at all times, even where release or retention might prevent or minimise injury, and that certain binding systems are not designed to release at all. Renter acknowledges all the risks of operating Equipment might be used, including but not limited to the risks of serious bodily injury or death. Renter understands that protective Equipment are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
4.3. Assumption of Risk. RENTER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF the Equipment, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF the Equipment OR POSSESSION OF the Equipment EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF Owner, Tradequip, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS Equipment AND RENTER AGREES TO HOLD Owner AND Tradequip HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE.
4.4. Waiver and Release. In consideration of Owner renting the Equipment, Renter specifically releases and forever discharges Owner, Tradequip, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this Equipment and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Owner, Tradequip, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Owner and Tradequip and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Owner or Tradequip or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognises that if injury, illness, death or damage occurs while engaged in renting this Equipment or participating in bicycling, water and winter sports or any other activity associated with the Equipment, Renter will have no right to make a claim or file a lawsuit against Owner, Tradequip or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.
4.5. Indemnification. Renter agrees to indemnify and hold harmless Owner and Tradequip and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including legal fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the Equipment, including the possession, use, operation, or return of the Equipment, and including any such claims which allege negligent acts or omissions on the part of Owner or Tradequip. Should Owner, Tradequip or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.
4.6. Renter Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that Owner and/or Tradequip may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Equipment. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder.
4.7. Physical Condition. Renter understands the he or she should be in good physical health to participate in bicycling, water and snow activities. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
5. GENERAL PROVISIONS
5.1. No Warranty
5.1.1. Except for liability in relation to any Non-excludable Condition, the Tradequip service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent allowed by law.
5.2. Limitation of Liability
5.2.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Fair Trading and Consumer Guarantees Act, the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law Tradequip specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any Equipment or service supplied), arising out of or in any way connected with any transaction between Renters and Owners.
5.2.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Tradequip specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any Equipment or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Tradequip Platform.
5.2.3. Except for liability in relation to a breach of any Non-excludable Condition, Tradequip's liability to any User of this service is limited to the total amount of fees paid by that User to Tradequip during the twelve month period prior to any incident causing liability of Tradequip.
5.2.4. Tradequip's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing Equipment in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
5.3. No Agency
5.3.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Tradequip, its related entities or affiliates in any way whatsoever. Tradequip confirms that all Third Party Services that may be promoted on the Tradequip service are provided solely by such Third Party Service providers. To the extent permitted by law, Tradequip specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.
5.4. Third Party Claims
5.4.1. Neither Owner nor Tradequip shall be responsible if Renter causes injury to another person or if Renter damages another bicycle, ski or snowboard, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold Owner and Tradequip harmless and pay any claim, including legal fees, brought by a third party arising out of Renter’s use of the Equipment and for any liability associated with any personal accident/injury as a result of Renter’s use of the Equipment.
5.5.1. This Agreement is governed by the laws of Auckland, New Zealand. You and Tradequip submit to the exclusive jurisdiction of the courts of Auckland, New Zealand.
5.5.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
5.5.3. This Agreement may be assigned or novated by Tradequip to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
5.5.4. This Agreement sets out the entire understanding and agreement between the Owner and Renter with respect to its subject matter.
5.5.5. Third Party Beneficiary. Tradequip shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Tradequip herein.
5.5.6. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.