Homecube Rental Lease
1.1 Any Cabin leased by the Lessor (“Homecubes Limited”) to You is leased subject to these terms and conditions (“Terms”). By leasing and taking possession the Cabin from Homecubes Limited You are deemed to have accepted these Terms.
2. USE OF CABIN
2.1 You may only use the Cabin for reasonably suitable purposes and comply with all statutory provisions relating to its use of the Cabin.
2.2 You shall not, nor permit any person, to:
(a) damage or move the Cabin;
(b) modify and/or alter (structural or otherwise) the Cabin in any manner;
(c) keep any animal (including domestic pets) in the Cabin;
(d) smoke in the Cabin;
(e) keep or store anything that presents a fire risk (e.g. no gas heaters, cooking appliances and/or flammable liquids and substances);
(f) keep or store anything that may damage the Cabin and in particular the carpet;
(g) paint, mark or otherwise change the appearance of the Cabin;
(h) use nails and/or any other thing which may cause permanent holes and/or marks in the Cabin; and/or
(i) use the Cabin for any unlawful purpose.
2.3 Homecubes Limited does not give any warranty or representation (express or implied) that the Cabin is suitable or will remain suitable for use by You or that any use of the Cabin.
2.4 The Cabin is not intended for permanent or long term use. If You wish to use the Cabin for such purposes You must obtain all the necessary consents/permits from the Council at Your cost and You fully indemnify (including client/solicitor costs) Homecubes Limited against any action taken by the Council against it.
3. DELIVERY AND CABIN SITE
3.1 You must ensure that Homecubes Limited has suitable access to the Site and You will not move or attempt to move the Cabin once it has been placed on the Site.
3.2 Homecubes Limited will not be liable for any loss (including consequential loss) from any delay in delivery.
3.3 Homecubes Limited will remove the Cabin within 10 working days of the end of lease. In order to remove the Cabin You grant Homecubes Limited and its representatives a licence to enter onto the Site and remove the Cabin.
3.4. The Hirer must render all reasonable assistance to Homecubes Limited and the delivery company to enable placement of the Cabin at the intended site. The intended site is the site specified in the Application Form, the Specific Terms or as otherwise approved in writing by Homecubes Limited.
3.5. 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 Homecubes Limited, 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 delivery company) 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), the Hirer will pay Homecubes Limited for costs incurred in returning the Cabin, and this Agreement shall immediately terminate.
3.6. The Hirer authorises Homecubes Limited (and the delivery company) 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.
3.7 Except (where the CGA applies) where caused solely by the negligence of Homecubes Limited, the delivery company or Homecubes Limited’s subcontractors:
a. The Hirer accepts all responsibility and liability for any Loss which may occur to any of Homecubes Limited’s vehicles (or those of the delivery company or any of Homecubes Limited’s subcontractors) while on the Hirer’s property;
b. The Hirer also agrees to be responsible and liable for the cost of any transport and/or towage costs in the event of any delivery vehicle becoming stuck on the property the Cabin is to be delivered to or removed from, in the course of delivering, placing or removing the Cabin.
3.8. Upon completion of delivery of the Cabin, the Hirer must:
a. Provide a water supply with minimum pressure of 25psi, maximum pressure of 75psi;
b. Connect the water supply (using only black alkathene hose to connect the water supply and not a standard garden hose);
c. Not remove any pressure limiting valve(s);
d. If the Cabin has a hot water cylinder, ensure that water is connected to the Cabin and the hot water cylinder is full before the hot water cylinder is turned on at the main switch board, to prevent the element from burning out;
e. Provide a power supply with caravan connection; and
f. Provide waste water disposal.
3.9. Homecubes Limited shall have no responsibility or liability to the Hirer whatsoever if the Hirer is not able to complete any of the requirements in clause
3.10. The Hirer must, at the expiry or termination of this Agreement, remove all connections to the Cabin, including those referred to in clause
3.11, without causing damage to the Cabin.
3.12. To the extent permitted by law, Homecubes Limited will not be liable to the Hirer for any Loss arising out of or in connection with Homecubes Limited’s failure to deliver and place the Cabin at the intended site by the relevant delivery date, or failure to remove the Cabin on expiry or termination of the Agreement, due to circumstances outside of Homecubes Limited’s reasonable control.
4. RENT AND OTHER PAYMENTS
4.1 You will pay Homecubes Limited the Rent in advance at the intervals shown out on the front page. The Rent, Bond and the Delivery Fee must be paid prior to the Cabin being delivered unless otherwise agreed in writing. In addition, You will pay any additional delivery or removal charges (e.g. hiab or crane hireage, ferry costs etc.).
4.2 All Rent shall be paid by automatic payment to the bank account nominated by Homecubes Limited.
4.3 Homecubes Limited reserves the right to charge interest at a rate of 10% per month or part thereof on any moneys unpaid seven (7) days after the due date.
4.4 You may not deduct or withhold any amount (whether by way of set-off, counterclaim, retention or otherwise) from any money owing to Homecubes Limited
4.5 You shall be liable for all costs of repossession, debt collection, recovery or enforcement including all expenses and legal costs (on a client solicitor basis) incurred by Homecubes Limited. Homecubes Limited may charge $5.00 per phone call/text message, $15.00 per email/letter and $50.00 for each Site visit in connection with the recovery or attempted recovery of any monies owed by You to Homecubes Limited.
5.1 Risk in the Cabin shall pass to You when the Cabin is delivered to the Site. You are responsible for ensuring that full replacement insurance is put in place in the joint names of the parties with a reputable insurance company.
5.2 You shall not, nor permit any person, to do anything which may void the insurance for the Cabin.
5.3 You shall indemnify Homecubes Limited against all damages, losses or liabilities which may arise in respect of the Cabin, its use by You or by any other party which are not covered by insurance.
5.4 Where any damage, loss or liability arises in respect of the Cabin is caused (directly or indirectly) by You, and Homecubes Limited claims on its insurance You shall pay any applicable insurance excess up to $2,500.00.
6. KEY AND LOCK
6.1 Homecubes Limited will supply You with one (1) key to the Cabin on delivery. You will be liable for the cost of replacing any key not returned and/or any replacement key provided to You (including the cost of any courier or delivery charges). Homecubes Limited will provide any replacement key as soon as possible but it may take up to five (5) working days.
6.2 You shall not change the lock without first obtaining written consent from Homecubes Limited to do so.
7. MAINTENANCE AND DAMAGE
7.1 The Cabin will be delivered to You in good condition. The condition and any damage will be recorded by the parties on the Inspection Condition Report on delivery.
7.2 You must return the Cabin in the same condition as recorded in Cabin Inspection Report (subject to any fair wear and tear arising from reasonable use of the Cabin). You must pay for the cost of repair of any broken/cracked glass, damage to the door, walls, window, light fittings, carpet and power points in the Cabin.
7.3 You must immediately notify Homecubes Limited of any accident or defect (e.g. any leak, crack in a window) in the Cabin.
7.4 If the Cabin is damaged or returned to Homecube in a dirty condition You will be liable for the cost of making good that damage and any cleaning costs. Where Your bond does not cover the cost of such repairs and cleaning You will be required to pay the remainder to Homecube (subject to the default interest charges set out at clause 4.3).
8. RIGHT OF INSPECTION
8.1 Homecubes Limited and its representatives may inspect the Cabin on giving You 24 hours written notice to do so. No such notice is required in the case of an emergency.
9. OWNERSHIP OF THE CABIN
9.1 Notwithstanding that You have possession and use of the Cabin during the Term of the Agreement, the Cabin shall at all times remain the property of Homecubes Limited. You must not remove nor permit anyone to remove the Homecube name plates attached to the Cabin. You hold the Cabin as “Bailee” and as such must return the cabin to Homecubes Limited on request.
10. PROHIBITION TO SELL OR CHARGE THE CABIN OR ASSIGN AGREEMENT
10.1 You will not:
(a) sell, transfer or sign or sublease, mortgage, pledge or otherwise deal with the Cabin;
(b) assign Your rights under this Agreement; and/or
(c) give any security interest over the Cabin to anyone other than Homecubes Limited.
10.2 If You sell the goods, the proceeds of sale are deemed to be held on trust for Homecubes Limited and Homecubes Limited shall have the right to trace the proceeds of any such illegal sale.
11.1 The lease is for the Term shown on the front page. If Homecubes Limited permits You to keep possession of the Cabin after the expiry of the Term, the lease of the Cabin shall:
(a) revert to a month-to-month lease;
(b) be terminable by You on giving Homecubes Limited one calendar months written notice to do so; and
(c) continue to be subject to these terms and conditions.
11.2 The Guarantor(s) acknowledges their obligations continue during any such month-to-month lease.
11.3 You may apply to Homecubes Limited in writing at any time during the Term and request that the lease be terminated. Homecubes Limited may, at its own discretion, agree to such early termination upon conditions determined by Homecubes Limited.
12. TERMINATION AND REPOSSESSION
12.1 A “Default Event” shall be one or more of the following:
(a) any default by You under this Agreement;
(b) You become insolvent or are adjudged bankrupt;
(c) a receiver, liquidator, official assignee or statutory manager of Your assets is appointed;
(d) You make or propose an arrangement or compromise with creditors; or
(e) any other event which in the sole discretion of Homecubes Limited gives rise to concern as to the timely payment of the Customer’s debts.
12.2 Where a Default Event occurs, and without prejudice to any other remedies, Homecubes Limited may:
(a) demand immediate payment of the arrears, as well as payment in advance for the Cabin; or
(b) terminate this Agreement and take possession of the Cabin but without releasing You from any liability in respect of any breach or non-observance of any of the provisions contained or implied in these Terms.
If Homecubes Limited terminates this Agreement, You irrevocably grant to Homecubes Limited and its’ representatives the right to enter upon the Site, without notice and without liability whatsoever, to repossess the Cabin.
12.3 If this lease is terminated by reason of default (then without prejudice to its other rights at law or in equity) Homecubes Limited may demand immediate payment of all or any of the following:
(a) all arrears of the Rent and other money then due and payable by You under the lease;
(b) the costs of repossession of the Cabin;
(c) Homecube’s loss on the lease to be notified by Homecubes Limited to You; and
(d) default interest, along with all costs and expenses incurred by Homecubes Limited in enforcing this Agreement.
13. CONSUMER GUARANTEES ACT
13.1 Nothing in the Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act, and the Terms are to be modified to the extent necessary to give effect to that intention.
14.1 Homecubes Limited may with Your consent photograph the Cabin after delivery and use that image on its Facebook page and/or website www.homecubes.nz. Homecubes Limited agrees not to identify You without Your permission and will only generally describe the location by town or city.
15. PERSONAL PROPERTY SECURITIES ACT 1999(“PPSA”)
15.1 Where the Term of the lease is for 1 year or longer, You grant a security interest (as defined by the PPSA) in favour of Homecubes Limited. You agree to provide all information necessary for Homecubes Limited to register a financing statement to perfect its security interest on the Personal Property Securities Register prior to the delivery of the Cabin. You waive Your right to receive a copy of any verification statement or financing change statement under the PPSA. Homecubes Limited will discharge the financing statement within 15 working days after You have performed all obligations under the security agreement.
16. CREDIT ENQUIRIES
16.1 You authorise Homecubes Limited to make such enquiries from third parties as to Your credit worthiness as required by Homecubes Limited from time to time.
16.2 You authorise Homecubes Limited to collect, retain and use any information it, and divulge it to third parties for debt collection purposes. Homecubes Limited agrees not to on-sell the information to third parties for marketing purposes.
17. INTELLECTUAL PROPERTY
17.1 The specifications and design of the Cabin(s), Homecubes Limited documentation (including this Agreement) and all marketing and promotional materials, along with Homecube’s trade marks and trade name are the sole property of Homecubes Limited Limited (“Intellectual Property”) No right or licence is granted to You under this Agreement to use any of the Intellectual Property without first obtaining Homecubes Limited Limited’s written consent.
18. PRIVACY ACT 1993
18.1 For the purposes of the Privacy Act 1993, Homecubes Limited will collect and use personal information about You for the purpose of the leasing the Cabin to You. Homecubes Limited will take all reasonable precautions to protect Your personal information and use it for proper purposes. However, You acknowledge that such personal information may be disclosed to debt collection agencies as set out at clause 16. You have the right to access and correct Your personal information.
19.1 In the event of default by You, You irrevocably appoint Homecubes Limited as its attorney to do on behalf of You anything that You ought to do under this Agreement.
20.1 Except as expressly provided for under the Terms, the liability of Homecubes Limited whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Cabins or from any other breach of Homecube’s obligations under the Terms shall not in any event exceed an amount equivalent to the price invoiced by Homecubes Limited for the Cabin. Homecubes Limited shall not be liable for any consequential injury or specific damage or loss of any kind whatsoever.
21. CUSTOMERS COMPLIANCE AND INDEMNITY
21.1 You shall comply with the provisions of all statutes and all rules or regulations in force in relation to the Cabin and its use and occupation of the Cabin.
21.2 You shall indemnify Homecubes Limited against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses) for any breach of this Agreement.
22.1 This Agreement contains the entire agreement between You and Homecubes Limited in relation to the Cabin and cannot be altered, amended, modified or otherwise changed except in writing signed by both parties.
22.2 Notices to You under this Agreement may be sent Your address and/or email as shown in this Agreement.
22.3 No indulgence granted to You by Homecubes Limited shall in any way prejudice Homecube’s rights.
23.1 Each Guarantor:
(a) guarantees (jointly and severally if more than one) repayment to Homecubes Limited of all amounts payable by You pursuant to this Agreement, and the performance of all Your obligations under this Agreement;
(b) acknowledges that Homecubes Limited has entered into this Agreement with You at the request of the Guarantor, that Homecubes Limited might not have done so without the Guarantor’s guarantee, and that Homecubes Limited doing so is a benefit to the Guarantor;
(c) agrees that if for any reason any amounts payable by You under this Agreement or any collateral securities are not recoverable by Homecubes Limited, whether as a matter of law or as a matter of fact, the Guarantor will indemnify Homecubes Limited against any resulting loss, and will pay the amount of any such loss to Homecubes Limited as a principal debtor and on demand.
(d) agrees that their obligations as a Guarantor are absolute and unconditional, and will not be released or in any way affected by:
(i) this Agreement being unenforceable or otherwise defective; or
(ii) any variation or release of this Agreement, or any other Guarantor; or
(iii) any concessions by Homecubes Limited to You or to any other Guarantor; or
(iv) the insolvency, bankruptcy or liquidation (as appropriate) of You or any other Guarantor; or
(v) any other act, omission, or rule of law which would, were it not for this clause, release a guarantor or indemnifier, and irrevocably waives any rule of law to a different effect.
(e) Acknowledges that the Guarantor is not a “Debtor” for the purposes of the PPSA and, to the extent permissible by law, waives any notices or rights of a Debtor under PPSA to the extent inconsistent with these terms.
(f) Acknowledges that the Guarantor has either had independent legal advice prior to executing these terms or, if that has not occurred, that is solely the Guarantor’s own choice freely made, and as a result the Guarantor irrevocably waives any rights which the lack of that independent advice might otherwise have given the Guarantor.
A Hirer may enter into the Agreement by signing and sending (including by email) a counterpart copy to Homecubes Limited . Alternatively, the Hirer can agree to be bound by signing or clicking “I agree” (or similar) checkbox on the website maintained by Homecubes Limited in relation to this Agreement. Homecubes Limited may execute this Agreement in a similar manner and may also confirm its agreement to be bound by providing written acknowledgement to the Hirer. The parties agree that any legal requirement may be met by using electronic means in accordance with the Contract and Commercial Law Act 2017. In this clause the term “legal requirement” has the meaning given to it by section 219(2) of the Contract and Commercial Law Act 2017