Terms & Conditions
1. Definitions
| LEASE AGREEMENT | shall mean the agreed terms of the Cabin Lease between the Lessee and Lessor |
|---|---|
| CABIN | shall mean the Cabin, including all accessories and equipment (including but not limited to, lighting, curtains, floor covering, electrical equipment, keys, signage, and another other cabin accessory offered with the cabin) provided by the Lessor at any stage during the term of the Lease Agreement. |
| MINIMUM LEASE PERIOD | is the minimum term of lease as agreed on the Lease Agreement between the Lessee and Lessor |
| LESSEE | shall mean the party leasing the Cabin or any person acting on behalf of the Lessee to execute the Lease Agreement. |
| LESSOR | is “Cabins Direct” or any person/contractor(s) acting on behalf of the shareholders and directors of Cabins Direct. |
| DELIVERY | refers to a Cabin transported, installed and collected from the Lessee’s site |
| CABIN CONDITION REPORT | shall mean a detailed condition report outlining the condition of the cabin when dispatched to the Lessee. |
| RENT | shall mean the dollar amount in New Zealand Dollar (NZD) due on each payment date for the lease of the Cabin |
| BOND | shall mean the amount paid by the Lessee that will be held by the Lessor to cover any incidental damage, payment arrears, contract termination costs, damaged or stolen cabin accessories, return to base transport costs or maintenance required to be undertaken by the Lessor at the end of the Lease Agreement. |
2. Acceptance
2.1 The Lessee confirms that by leasing and taking possession of a Cabin through Cabins Direct they are subject to these Terms and Conditions and have wholly accepted them.
2.2 These Terms and Conditions may only be altered with the Lessor and Lessee agreeing and providing consent in writing.
2.3 The Lease period will commence on the first day of Delivery of the Cabin and finish on either the end of the Minimum Lease Period, or if the lease has been extended past this date, the executed pickup day following the 30 day notice period given by the Lessee.
2.4 The Lessor and Lessee confirm that electronic signatures provided during the application process (confirming acceptance of the Terms and Conditions of an approved contract) are binding providing both parties have complied with Section 22 of the Electronic Transactions Act 2002.
3. The cabin
3.1 The Lessee agrees to only use the Cabin for reasonably suitable purposes and will ensure the following, including but not limited to, actions will not occur;
- 3.1.1 Attempt to move the Cabin;
- 3.1.2 Smoke cigarettes or any illegal substance in the Cabin;
- 3.1.3 Allow animals to live in the Cabin;
- 3.1.4 Store any dangerous or flammable goods inside or under the Cabin (paint tins, gas bottles etc);
- 3.1.5 Attempt to modify the structure or appearance of the Cabin in any manner (including painting, use of nails to hang pictures etc);
- 3.1.6 Attempt to repair or provide maintenance to the Cabin in any manner;
- 3.1.7 Use the Cabin for any purpose that is deemed unlawful;
- 3.1.8 Cook by element or open flame within or close to the Cabin
3.2 Prior to and then following Delivery the Lessor and Lessee (or their representatives) will inspect the Cabin and a Cabin Condition Report will be completed by the Lessor. This report is available to the Lessee on request. The
Lessor take photos of the Cabin to ensure all parties have an available visual record of appearance.
3.3 The Lessee agrees to return the Cabin in good condition throughout. The Lessor recognises there will fair wear and tear in the day to day use of the Cabin
3.4 The Lessee is responsible for the repair of any damage to the Cabin. Examples of damage include, but are not limited to;
- 3.4.1 Windows/Joinery that are chipped, broken or cracked.
- 3.4.2 Any damage to light fittings, electrical points, flooring, doors, walls or window frames.
- 3.4.3 Dents, scratches or imperfections to the interior or exterior of the Cabin.
- 3.4.4 Rips, Tears and scuffs to flooring
- 3.4.5 Mould and rips to Curtains/Roller Blinds
- 3.4.6 Damage to Cabin Accessories provided with Cabin
3.5 The Lessee must immediately notify Cabins Direct of any issue, accident or item requiring repair during the lease term of the Cabin.
3.6 If during the term of the Lease Agreement the Cabin is damaged or returned to Cabins Direct in a poor condition, the Lessee will be liable for the cost of bringing the Cabin back to the condition noted in the Cabin Condition Report. The Lessee’s bond will cover these costs. Any additional charges that are in excess of the Bond provided, will be due immediately by the Lessee. If this amount is not paid, it will be subject to Cabins Direct’s default interest charges as set out at Clause 5.5.
3.7 The Lessee agrees that the Cabin is not intended for long-term or permanent use. If the Lessee intends to use the Cabin for this purpose, the Lessee must, at the Lessee’s cost, get any necessary Council consents.
3.8 The Lessee indemnifies the Lessor for all costs against any action taken against Cabins Direct with relation to permits or consents.
4. Delivery & pickup process and accessibility
4.1 Cabins Direct agree to remove the Cabin within 10 business days following the end date of the Lessee’s Lease Agreement or extended lease term.
4.2 The Lessee grants permission for the Lessor and its representatives to enter the site and remove the Cabin including all accessories supplied by the Lessor.
4.3 The Lessee agrees that, if they are unable to be present at Delivery, the Lessor’s completed Cabin Condition Report will be proof of Delivery.
4.4 If the Lessee, on the initial delivery is not available or does not make the site ready for Delivery, then the Lessor reserves the right to charge the Lessee any additional delivery fees.
4.5 The Lessee must ensure Cabins Direct has suitable access to the Site
4.6 In the event of a delay in Delivery, Cabins Direct will not be liable (consequential or otherwise) for any loss incurred by the Lessee.
4.7 At Delivery Cabins Direct will supply the Lessee with one (1) key to the Cabin. The Lessee will pay the Lessor $25 per key if not returned.
4.8 The Lessee agrees not to change any lock on the Cabin without obtaining written consent from a representative of Cabins Direct.
4.9 The Lessee grants Cabins Direct and any of its representatives the right to inspect the Cabin with 24 hours written notice (including by text, email or social media message).
4.10 In the case of Emergency, no notice is required by the Lessor to gain access to the site.
5. Lease obligations and payments
5.1 The Lessor reserves the right to change the Rent value at the end of the Lease Agreement.
5.2 The Lessee will receive 10 working days’ notice of any increase or decrease in Rent amount due.
5.3 The Lessee agrees to make payment in advance to Cabins Direct on or before the due date and on the payment cycle agreed.
5.4 The Lessee agrees to pay by automatic payment to the nominated Cabins Direct bank account all Rent on or before the agreed due date.
5.5 Approved WINZ Redirection payments are required to be made by redirection directly from WINZ to ensure agreed delivery times are met.
5.6 Cabins Direct reserves the right to charge the Lessee default interest at a rate of 11.5% per month or a prorated rate of any outstanding amount seven (7) days following the due date.
5.7 The Lessee agrees to pay any unforeseeable additional delivery or removal charges.
5.8 The Lessee agrees to make full payment for the Rent, Bond and Delivery Fee prior to the Cabin being delivered.
5.9 A Bond payment is required prior to Delivery of the Cabin. If the Cabin is received back from the Lessee at the end of the Lease Agreement in a clean, presentable condition then the full value of the Bond will be refunded to the Lessee. If the Cabin requires remedial attention (damage or poor condition deemed to be outside of normal wear and tear), then any costs incurred by Cabins Direct to bring the Cabin to an acceptable condition will be deducted from the Bond first.
5.10 If the Cabin is returned to Cabins Direct in an acceptable condition, but there are costs outstanding (unpaid rent, return delivery costs etc) then these costs will be taken from the Bond provided.
5.11 The Bond will be refunded within 15 working days of the release of the PPSR.
5.12 The Lessee accepts liability for all costs of repossession, and debt collection plus all expenses and legal costs incurred by Cabins Direct.
5.13 Cabins Direct reserves the right to charge and the Lessee agrees to the following collection fees in the event of an outstanding balance or attempted recovery of the Cabin as per the Lease Agreement; $15.00 per email/letter $6.00 per phone call/text message, and $225.00 for each individual site visit.
5.14 If the Lessee defaults on the Lease Agreement, they irrevocably appoint Cabins Direct as their attorney to, on behalf of the Lessee, execute any and all terms to the benefit of Cabins Direct in this agreement.
5.15 The lease is for the term outlined on the Lease Agreement. At the expiry of the Lease Agreement, if Cabins Direct agrees for you to retain possession of the Cabin, the lease of the Cabin shall;
5.15.1 Require 30 days’ notice by the Lessee to end the lease;
5.15.2 Convert to a month-to-month agreement in perpetuity;
5.15.3 Retain all the Terms and Conditions in the initial Lease Agreement
6. Insurance
6.1 Following the Delivery of the Cabin to site, all risk will pass to the Lessee. The Lessee agrees to have in place full replacement value insurance for the Cabin
6.2 The Lessee indemnifies Cabins Direct against all claims, losses or liabilities that arise during the term of the Lease Agreement due to any action or inaction by the Lessee (stolen, lost, fire damage or general damage) during the term of the Lease Agreement irrespective of whether an insurance claim by the Lessee or Lessor is successful.
6.3 If Cabins Direct is required to claim on its insurance due to damage, loss or liability the Lessee agrees to pay the insurance excess up to $2,500.
7. Ownership rights of the cabin
7.1 The Lessee agrees that the Cabin at all times remains the property of Cabins Direct.
7.2 The Lessee agrees they hold the Cabin as “Bailee” and Cabins Direct holds the right to request immediate return of the Cabin at their request.
7.3 The Lessee agrees that at no time during the Lease Agreement or possession of the Cabin will they;
- 7.3.1 Sublease, sell, mortgage, transfer or in any way impact the rights of Cabins Direct as the owner of the Cabin;
- 7.3.2 Assign the rights of the Lease Agreement under this Agreement without the written approval of Cabins Direct;
- 7.3.3 Provide or offer any security interest over the Cabin to any party other than Cabins Direct.
7.4 If the Lessee unlawfully sells the Cabin, all proceeds of the sales are deemed to be held on trust for Cabins Direct.
7.5 Cabins Direct shall have the right to trace the proceeds of any such illegal sale.
8. Liability & indemnity
8.1 Any breach by Cabins Direct of the obligations under the Terms and Conditions shall not in any event exceed an amount invoiced by Cabins Direct for the Cabin.
8.2 Cabins Direct shall not be liable to the Lessee or it’s representatives for any injury, damage or loss of any kind whatsoever.
8.3 The Lessee agrees to indemnify Cabins Direct against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses) for any breach of this Agreement.
9. Privacy act 2020 & consumer guarantees act
9.1 With relation to the Privacy Act 2020, Cabins Direct will collect and use personal information from the Lessee for the purpose of leasing the Cabin to the Lessee.
9.2 Cabins Direct will take all reasonable precautions to protect the Lessee’s personal information and will use it for proper purposes.
9.3 The Lessee acknowledges that their personal information provided may be disclosed to credit reporting and debt collection agencies as outlined in clause 10.2 and 11.2.
9.4 At any stage, the Lessee has the right to access and correct their personal information.
9.5 Cabins Direct confirms that no part of this agreement is intended to exclude them from their obligations relating to the Consumer Guarantees Act 1993.
10. Lease agreement termination, default & repossession
10.1 The Lessor reserves the right to cancel the Lease Agreement at any stage if they believe the Lessee is unable to meet the ongoing repayments, the Cabin is at risk or a third party may attempt to remove or take possession of the Cabin on the site.
10.2 The Lessor, at its discretion, may appoint third party debt collection agencies to collect the outstanding balances due.
10.3 Cabins Direct deems a “Default Event” as one or more of the following;
- 10.3.1 The Lessee enters a No Asset Procedure (NAP), is deemed insolvent or is adjudged bankrupt;
- 10.3.2 A receiver, liquidator, official assignee or statutory manager of the Lessee’s assets is appointed;
- 10.3.3 The Lessee enters a Hardship agreement with creditors or proposes an arrangement with creditors;
- 10.3.4 Any other event which in at the sole discretion of Cabins Direct raises concern as to the ongoing timely payment of the Lessee’s Lease Agreement or debts.
10.4 If a Default Event occurs, Cabins Direct may;
- 10.4.1 Require any outstanding balance to be cleared plus payment in advance of a projected term at the discretion of Cabins Direct.
- 10.4.2 Immediately terminate this Agreement and take possession of the Cabin. Termination and possession of the Cabin by Cabins Direct does not release the Lessee from any liability or breach of any of the provisions in the Lease Agreement.
10.5 Following termination of this agreement, the Lessee grants Cabins Direct and its representatives the right to enter the Lessee’s Site, without notice and without liability whatsoever, to inspect and repossess the Cabin.
10.6 Following termination of a lease (due to meeting the default conditions), Cabins Direct reserves the right to demand immediate payment of all outstanding costs, including but not limited to;
- 10.6.1 Contractor and reasonable Cabin’s Directs costs to repossess the Cabin;
- 10.6.2 Unpaid lease payments due to termination on the lease;
- 10.6.3 All rental arrears plus any other money due and payable by as agreed in the Lease Agreement.
- 10.6.4 Any Default Interest outstanding to Cabins Direct.
- 10.6.5 Windows/Joinery that are chipped, broken or cracked.
- 10.6.6. Any damage to light fittings, electrical points, flooring, doors, walls, windows, joinery, curtains or accessories provided.
- 10.6.7 Dents, scratches or imperfections to the interior or exterior of the Cabin.
- 10.6.8 Any further costs and expenses incurred by Cabins Direct in enforcing this Agreement.
11. Credit enquiries
11.1 At no stage will Cabins Direct on-sell any information provided by the Lessee to third parties for marketing purposes.
11.2 The Lessee authorises Cabins Direct to collect, retain and use information received from the Lessee and share it with Credit Reporting Agencies and Debt Collection Agencies if required.
11.3 The Lessee authorises Cabins Direct at the commencement and during the lease to make enquiries from third parties regarding the Lessee’s credit worthiness.
12. Personal properties security act 1999 (“PPSA”)
12.1 Where the Term of the lease is for 6 months or longer, the Lessee grants a security interest in favour of Cabins Direct.
12.2 The Lessee agrees to provide all information necessary for Cabins Direct to register a financing statement to enforce its security interest on the Personal Property Securities Register at any stage during the term of the lease of the Cabin.
12.3 Cabins Direct will discharge the financing statement no later than 20 working days after the following;
- 12.3.1 The Lessee and Cabins Direct have completed successful collection of the Cabin and it is agreed to be in an acceptable condition.
- 12.3.2 No outstanding payments are due on the Lease Agreement.
13. Intellectual property
13.1 The Lessee and its representatives recognise that all marketing materials, Cabins Direct logo’s and trademarks, documentation, Cabin design and specifications are the sole property of Cabins Direct Limited.
13.2 Unless the Lessee receives written confirmation first from Cabins Direct, no right or licence is granted to the Lessee to use any of the Intellectual Property owned by Cabins Direct.
14. Miscellaneous
14.1 The Lessee agrees to accept receipt of documentation (contracts, changes to disclosure, court documents etc) from Cabins Direct to the email address provided.
14.2 The Lessor at any stage of the Lease Agreement may licence, transfer a part or all of its rights and obligations without requiring the Lessee’s consent.