Haptix, a brand of CMT Group, combines accessibility expertise with a strong foundation in civil construction to deliver high-quality safety solutions nationwide.
CMT Group NZ Ltd – Terms & Conditions of Trade
1.1 “CMT Group NZ Ltd” means CMT Group NZ Ltd and its successors and assigns or any person acting on behalf of and with the authority of the company.
1.2 “Client” means the person/s requesting CMT Group NZ Ltd to provide the Services (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one person requesting the Services is a reference to each person jointly and severally.
1.3 “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by CMT Group NZ Ltd in the course of it conducting, or supplying to the Client, any Services.
1.4 “Services” means all Services supplied by CMT Group NZ Ltd to the Client at the Client’s request from time to time.
1.5 “Equipment” means all Equipment including any accessories supplied on hire by CMT Group NZ Ltd to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by CMT Group NZ Ltd to the Client.
1.6 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by CMT Group NZ Ltd to the Client.
1.7 “Price” means the price payable for the Services/Equipment as agreed between CMT Group NZ Ltd and the Client in accordance with clause 5 of this contract.
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services/Equipment provided by CMT Group NZ Ltd.
2.2 These terms and conditions may only be amended with CMT Group NZ Ltd consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and CMT Group NZ Ltd.
3.1 Unless otherwise limited as per clause 3.2 the Client agrees that should the Client introduce any third party to CMT Group NZ Ltd as the Client’s duly authorised representative, that once introduced that person shall have the full authority of the Client to order any materials or Services on the Client’s behalf and/or to request any variation to the works on the Client’s behalf (such authority to continue until all requested works have been completed or the Client otherwise notifies CMT Group NZ Ltd in writing that said person is no longer the Client’s duly authorised representative).
3.2 In the event that the Client’s duly authorised representative as per clause 3.1 is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise CMT Group NZ Ltd in writing of the parameters of the limited authority granted to their representative.
3.3 The Client specifically acknowledges and accepts that they will be solely liable to CMT Group NZ Ltd for all additional costs incurred by CMT Group NZ Ltd (including CMT Group NZ Ltd profit margin) in providing any works, materials, Services or variation/s requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 3.2 (if any)).
4.1 The Client shall give CMT Group NZ Ltd not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by CMT Group NZ Ltd as a result of the Client’s failure to comply with this clause.
5.1 At CMT Group NZ Ltd sole discretion the Price shall be either:
(a) as indicated on any invoice provided by CMT Group NZ Ltd to the Client; or (b) CMT Group NZ Ltd quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.5.2 CMT Group NZ Ltd reserves the right to change the Price if a variation to CMT Group NZ Ltd quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to unforeseen circumstances such as poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations, extension of time required to complete the provision of Services, prerequisite work by any third party not being completed, unexpected blockage or malfunction of the pump or pipes, or as a result of any increase to CMT Group NZ Ltd in the cost of materials and labour) will be charged for on the basis of CMT Group NZ Ltd quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
5.3 At CMT Group NZ Ltd sole discretion a non-refundable deposit may be required.
5.4 Time for payment for the Services/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by CMT Group NZ Ltd, which may be:
(a) on delivery of the Services/Equipment; (b) payment for approved Clients shall be due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (c) the date specified on any invoice or other form as being the date for payment; or (d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by CMT Group NZ Ltd5.5 CMT Group NZ Ltd may submit a detailed payment claim at intervals not less than monthly for work performed up to the end of each month. The value of work so performed shall include the reasonable value of authorised variations and the value of materials delivered to the site but not installed.
5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and CMT Group NZ Ltd.
5.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to CMT Group NZ Ltd an amount equal to any GST CMT Group NZ Ltd must pay for any supply by CMT Group NZ Ltd under this or any other agreement for providing CMT Group NZ Ltd Services/hire of the Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
5.8 The Client must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed. Unless otherwise agreed, the full payment shall be made by the 20th of the month following the month of the invoice date. Payment will not be accepted by any means other than cash, cheque, direct credit or direct debit.
5.9 Payment of the disputed portion may be withheld provided the matter is brought to CMT Group NZ Ltd's attention immediately it is discovered and a letter of explanation setting out the particulars of the dispute is sent to CMT Group NZ Ltd within seven days of the dispute arising. Undisputed portion of the account shall be payable in accordance with the normal terms of payment if any account is in dispute.
5.10 CMT Group NZ Ltd reserves the right to suspend delivery of further goods and/or services if the terms of payment are not strictly adhered to by the Client. Interest may be charged on overdue accounts at a rate of 2.5% over bank rate. Any expenses, costs or disbursements incurred by CMT Group NZ Ltd in recovering any outstanding monies including debt collection agency fees or solicitor's costs shall be paid by the Client.
5.11 The CMT Group NZ Ltd Client shall not be liable for any indebtedness arising from the fraudulent use of the account provided that the Client must on discovering the fraudulent use of the account immediately notify CMT Group NZ Ltd of such fraudulent use. The burden of proving such use was fraudulent shall lie with the Client.
6.1 Subject to clause 6.2 it is CMT Group NZ Ltd responsibility to ensure that the Services start as soon as it is reasonably possible.
6.2 The Services commencement date will be put back and the completion date extended by whatever time is reasonable in the event that CMT Group NZ Ltd claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond CMT Group NZ Ltd control, including but not limited to any failure by the Client to:
(a) make a selection; or (b) have the site ready for the Services; or (c) notify CMT Group NZ Ltd that the site is ready.6.3 Delivery of the Equipment is taken to occur at the time that: (a) the Client or the Client’s nominated carrier takes possession of the Equipment at CMT Group NZ Ltd address; or (b) CMT Group NZ Ltd (or CMT Group NZ Ltd nominated carrier) delivers the Equipment to the Client’s nominated address even if the Client is not present at the address.
6.4 Delivery of the Services/Equipment to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
6.5 Any time specified by CMT Group NZ Ltd for delivery of the Services/Equipment is an estimate only and CMT Group NZ Ltd will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Services/Equipment to be supplied at the time and place as was arranged between both parties. In the event that CMT Group NZ Ltd is unable to supply the Services/Equipment as agreed solely due to any action or inaction of the Client then CMT Group NZ Ltd shall be entitled to charge a reasonable fee for re-supplying the Services/Equipment at a later time and date.
7.1 The Client shall be responsible for the protection of CMT Group NZ Ltd during the provision of Services from the public and animals.
7.2 Access to the worksite by heavy vehicles needs to be considered by the Client before commencement. If clear access to the worksite is not available then any extra costs incurred by CMT Group NZ Ltd will be the Client’s responsibility.
7.3 If CMT Group NZ Ltd needs the services of water the Client shall be responsible for making these available.
8.1 Irrespective of whether CMT Group NZ Ltd retains ownership of any Incidental Items all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as CMT Group NZ Ltd may repossess the Incidental Items. The Client must insure all Incidental Items on or before delivery.
8.2 CMT Group NZ Ltd reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Client’s failure to insure in accordance with clause 6.1.
8.3 The Client acknowledges that variations of colour and texture are inherent in concrete. CMT Group NZ Ltd shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of product.
8.4 The Client shall be responsible for the provision of accurate measurements, dimensions and suitability of materials to be provided to CMT Group NZ Ltd prior to the commencement of the Services. CMT Group NZ Ltd shall not be held liable for any losses, damages, or costs incurred by the Client as a result of any such inaccurate data being provided.
9.1 The Client shall ensure that CMT Group NZ Ltd has clear and free access to the work site at all times to enable them to deliver the Services. CMT Group NZ Ltd shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of CMT Group NZ Ltd.
9.2 It is the responsibility of the Client to ensure that access is suitable to accept the weight of laden trucks. The Client agrees to indemnify CMT Group NZ Ltd against all costs incurred by CMT Group NZ Ltd in recovering such vehicles in the event they become bogged or otherwise immovable.
10.1 CMT Group NZ Ltd and the Client agree that where it is intended that the ownership of Incidental Items is to pass to the Client that such ownership shall not pass until:
(a) the Client has paid CMT Group NZ Ltd all amounts owing for the Services; and (b) the Client has met all other obligations due by the Client to CMT Group NZ Ltd in respect of all contracts between CMT Group NZ Ltd and the Client.10.2 Receipt by CMT Group NZ Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then CMT Group NZ Ltd ownership or rights in respect of the Incidental Items shall continue.
10.3 It is further agreed that:
1.1 (a) the Client is only a bailee of the Incidental Items and must return the Incidental Items to CMT Group NZ Ltd immediately upon request by CMT Group NZ Ltd; 1.2 (b) the Client holds the benefit of the Client’s insurance of the Incidental Items on trust for CMT Group NZ Ltd and must pay to CMT Group NZ Ltd the proceeds of any insurance in the event of the Incidental Items being lost, damaged or destroyed; 1.3 (c) the Client must not sell, dispose, or otherwise part with possession of the Incidental Items. If the Client sells, disposes or parts with possession of the Incidental Items then the Client must hold the proceeds of sale of the Incidental Items on trust for CMT Group NZ Ltd and must pay or deliver the proceeds to CMT Group NZ Ltd on demand. 1.4 (d) the Client should not convert or process the Incidental Items or intermix them with other goods, but if the Client does so then the Client holds the resulting product on trust for the benefit of CMT Group NZ Ltd and must dispose of or return the resulting product to CMT Group NZ Ltd as CMT Group NZ Ltd so directs. 1.5 (e) the Client shall not charge or grant an encumbrance over the Incidental Items nor grant nor otherwise give away any interest in the Incidental Items while they remain the property of CMT Group NZ Ltd; 1.6 (f) the Client irrevocably authorises CMT Group NZ Ltd to enter any premises where CMT Group NZ Ltd believes the Incidental Items are kept and recover possession of the Incidental Items.11.1 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and (b) a security interest is taken in all Incidental Items/Equipment previously supplied by CMT Group NZ Ltd to the Client (if any) and all Incidental Items/Equipment that will be supplied in the future by CMT Group NZ Ltd to the Client.11.2 The Client undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CMT Group NZ Ltd may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; (b) indemnify, and upon demand reimburse, CMT Group NZ Ltd for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Incidental Items/Equipment charged thereby; (c) not register a financing change statement or a change demand without the prior written consent of CMT Group NZ Ltd.11.3 CMT Group NZ Ltd and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
11.4 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
11.5 Unless otherwise agreed to in writing by CMT Group NZ Ltd, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
11.6 The Client shall unconditionally ratify any actions taken by CMT Group NZ Ltd under clauses 11.1 to 11.5.
12.1 In consideration of CMT Group NZ Ltd agreeing to supply Services/Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
12.2 The Client indemnifies CMT Group NZ Ltd from and against all CMT Group NZ Ltd costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising CMT Group NZ Ltd rights under this clause.
12.3 The Client irrevocably appoints CMT Group NZ Ltd and each director of CMT Group NZ Ltd as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.
13.1 The Client hereby disclaims any right to rescind, or cancel any contract with CMT Group NZ Ltd or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by CMT Group NZ Ltd and the Client acknowledges that the Services are bought relying solely upon the Client’s skill and judgment.
14.1 The Client shall inspect the Services/Equipment on delivery and shall within seven (7) days of delivery notify CMT Group NZ Ltd of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Client shall afford CMT Group NZ Ltd an opportunity to inspect the Services/Equipment within a reasonable time following delivery if the Client believes the Services/Equipment are defective in any way. If the Client shall fail to comply with these provisions, the Services/Equipment shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
14.2 For defective Services/Equipment, which CMT Group NZ Ltd has agreed in writing that the Client is entitled to reject, CMT Group NZ Ltd liability is limited to either (at CMT Group NZ Ltd discretion) replacing the Services/Equipment or rectifying the Services/Equipment provided that the Client has complied with the provisions of clause 14.1.
15.1 If the Client is acquiring Services for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Services by CMT Group NZ Ltd to the Client.
16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at CMT Group NZ Ltd sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client owes CMT Group NZ Ltd any money the Client shall indemnify CMT Group NZ Ltd from and against all costs and disbursements incurred by CMT Group NZ Ltd in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, CMT Group NZ Ltd collection agency costs, and bank dishonour fees).
16.3 Without prejudice to any other remedies CMT Group NZ Ltd may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions CMT Group NZ Ltd may suspend or terminate the supply of Services/Equipment to the Client. CMT Group NZ Ltd will not be liable to the Client for any loss or damage the Client suffers because CMT Group NZ Ltd has exercised its rights under this clause.
16.4 Without prejudice to CMT Group NZ Ltd other remedies at law CMT Group NZ Ltd shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to CMT Group NZ Ltd shall, whether or not due for payment, become immediately payable if:
(a) any money payable to CMT Group NZ Ltd becomes overdue, or in CMT Group NZ Ltd opinion the Client will be unable to make a payment when it falls due; (b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or CMT Group NZ Ltd – Terms & Conditions of Trade (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.17.1 CMT Group NZ Ltd may cancel any contract to which these terms and conditions apply or cancel delivery of Services/Equipment at any time before the Services/Equipment are commenced by giving written notice to the Client. On giving such notice CMT Group NZ Ltd shall repay to the Client any money paid by the Client for the Services/Equipment. CMT Group NZ Ltd shall not be liable for any loss or damage whatsoever arising from such cancellation.
17.2 In the event that the Client cancels delivery of the Services/Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by CMT Group NZ Ltd as a direct result of the cancellation (including, but not limited to, any loss of profits).
18.1 The Client authorises CMT Group NZ Ltd or CMT Group NZ Ltd agent to:
(a) access, collect, retain and use any information about the Client; (i) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or (ii) for the purpose of marketing products and services to the Client. (b) disclose information about the Client, whether collected by CMT Group NZ Ltd from the Client directly or obtained by CMT Group NZ Ltd from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.18.2 Where the Client is an individual the authorities under clause 18.1 are authorities or consents for the purposes of the Privacy Act 1993.
18.3 The Client shall have the right to request CMT Group NZ Ltd for a copy of the information about the Client retained by CMT Group NZ Ltd and the right to request CMT Group NZ Ltd to correct any incorrect information about the Client held by CMT Group NZ Ltd.
19.1 CMT Group NZ Ltd shall have public liability insurance of at least $5m. It is the Client’s responsibility to ensure that they are similarly insured.
20.1 All disputes and differences between the Client and CMT Group NZ Ltd touching and concerning this agreement shall be referred to arbitration under a single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with provisions of the Arbitration Act 1996.
21.1 The Client and CMT Group NZ Ltd shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
21.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.
21.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
22.1 The Client hereby expressly acknowledges that:
(a) CMT Group NZ Ltd has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Client, and: (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Client; or (ii) a scheduled amount stated in a payment schedule issued by the Client in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Client has not complied with an adjudicator’s notice that the Client must pay an amount to CMT Group NZ Ltd by a particular date; and (iv) CMT Group NZ Ltd has given written notice to the Client of its intention to suspend the carrying out of construction work under the construction contract. (b) if CMT Group NZ Ltd suspends work, it: (i) is not in breach of contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Client or by any person claiming through the Client; and (iii) is entitled to an extension of time to complete the contract; and (iv) keeps its rights under the contract including the right to terminate the contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. (c) if CMT Group NZ Ltd exercises the right to suspend work, the exercise of that right does not: (i) affect any rights that would otherwise have been available to CMT Group NZ Ltd under the Contractual Remedies Act 1979; or (ii) enable the Client to exercise any rights that may otherwise have been available to the Client under that Act as a direct consequence of CMT Group NZ Ltd suspending work under this provision.23.1 The failure by CMT Group NZ Ltd to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect CMT Group NZ Ltd right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Blenheim in New Zealand.
23.3 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by CMT Group NZ Ltd nor to withhold payment of any invoice because part of that invoice is in dispute.
23.4 CMT Group NZ Ltd may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
23.5 The Client agrees that CMT Group NZ Ltd may amend these terms and conditions at any time. If CMT Group NZ Ltd makes a change to these terms and conditions, then that change will take effect from the date on which CMT Group NZ Ltd notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for CMT Group NZ Ltd to provide Services/Equipment to the Client.
23.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
23.7 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
24.1 The Client shall:
(a) notify CMT Group NZ Ltd immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification; (b) satisfy itself at commencement that the Equipment is suitable for its purposes; (c) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by CMT Group NZ Ltd or posted on the Equipment; (d) ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to CMT Group NZ Ltd upon request; (e) comply with all occupational health and safety laws relating to the Equipment and its operation; (f) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to CMT Group NZ Ltd; (g) keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment; (h) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment; (i) employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work; (j) not exceed the recommended or legal load and capacity limits of the Equipment; (k) not use or carry any illegal, prohibited or dangerous substance in or on the Equipment; (l) not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold; (m) indemnify and hold harmless CMT Group NZ Ltd in respect of all claims arising out of the Client’s use of the Equipment.24.2 Immediately on request by CMT Group NZ Ltd the Client will pay:
(a) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to CMT Group NZ Ltd; (b) all costs incurred in cleaning the Equipment; (c) all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment; (d) the cost of repairing any damage to the Equipment caused by the negligence of the Client or the Client’s agent; CMT Group NZ Ltd – Terms & Conditions of Trade (e) any lost hire fees CMT Group NZ Ltd would have otherwise been entitled to for the Equipment, under this, or any other hire agreement; (f) the cost of repairing any damage to the Equipment caused by vandalism, or (in CMT Group NZ Ltd reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client; (g) the cost of fuels and consumables provided by CMT Group NZ Ltd and used by the Client.
