In these Terms and Conditions unless the context otherwise requires:

1.1  “Hire Request” means the online hire form as completed and submitted to the Seller by the Customer.

1.2  “Hire Quote” means the information & pricing supplied to the Customer on receipt of a Hire Request from the Customer.  Comprising Equipment details, deposit, hire rate, hire period (start date & return date) to be accepted by the Customer.

1.3  “Hire Invoice” means the invoice for payment by the Customer, before the Start Date of Hire, on acceptance of the Hire Quote.

1.4  “Hire Order” means the agreement between the Seller and the Customer relating to the Equipment, comprising the acceptance of the Hire Quote, payment of the Hire Invoice and these Terms and Conditions. Together with any other terms relating to the hiring agreed between the parties in writing.

1.5  “CGA” means the Consumer Guarantees Act 1993 and any amendment, re-enactment or replacement of it.

1.6  “Seller” means goRide Limited, 2014.

1.7 “Customer” means that person (or persons) hiring equipment and/or receiving supply of Equipment from the Seller and, where that person (or persons) does so on behalf of another entity, includes such entity and any person claiming under or authorised by the Customer.

1.8  “Deposit” means in relation to:

(a)  the sale/purchase of Equipment part payment of the Price of the Equipment; or

(b)  the hire of equipment the monies payable to and to be held by the Seller as security pursuant to Condition 6.1 for performance of the Customers obligations under the Hire Agreement.

1.9  “Individual Product Hire Page” means the details of the hiring relating to the the Equipment agreed by the Seller and the Customer.

1.10  “GST” means Goods and Services Tax as defined in and a reference to the Goods and Services Tax Act 1985.

1.11  “Hire Start Date” means the commencement of the hiring as set out in the Hire Quote or if earlier the date of delivery of the Equipment to the Customer.

1.12 “Equipment” means all goods and products supplied in any way (including but not limited to hire) by the Seller to the Customer (and shall include any incidental supply of services).

1.13 “Hire Period” means the period stated on the Hire Quote which shall be calculated from the Hire Start Date.

1.14 “Price” means (save as provided in Condition 1.1) the price stated on the Hire Quote and paid by the date stated on the Hire Invoice.

1.15  “PPSA” means the Personal Property Securities Act 1999 and any amendment or replacement of it.

1.16  “Return Date” means the return date stated on the Hire Quote and recorded in the Hire Order or if none, the date of expiry of notice of termination of the hiring lawfully given by either the Seller or the Customer.

1.17 “Website” means goride-debugclone.mystagingwebsite.com

2.1 The Customer shall be deemed to have accepted these Terms and Conditions when:

(a)  the Hire Quote is accepted 

(b) payment is made to the Seller of the Hire Invoice

(c)  on delivery of the Equipment

2.2  None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not made by the Seller  (acting by its duly appointed manager or higher officer) in writing nor is the Seller bound by any such unauthorised statements.

2.3  No terms and conditions of sale issued by the Customer and/or any amendment to these Terms and Conditions applicable to the Equipment or the subject matter of these Terms and Conditions shall apply unless agreed by the Seller in writing.

3.1  The Equipment is described on the Individual Hire Product Page, Hire Quote, Hire Invoice, or any other hire commencement forms as provided by the Seller to the Customer.

3.2 In the case of second hand Equipment the Customer acknowledges that they have full opportunity at time of delivery to inspect the same and that they accept the same with all faults as described on the supplied Hire Inspection Sheet. No warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded to the extent legally possible to do so. The Seller shall not be responsible for any loss or damage to the Equipment, or caused by the Equipment, or any part thereof however arising.

3.3 Most stock is available as required through the website.  goRide will make every endeavour to inform customers of progress when an item needs to be ordered from our supplier(s). The stock numbers of equipment offered for Hire varies, goRide can not guarantee that a product is available at all times but we will do our best to source the product or an alternative solution.

4.1  Payment will be made through our 3rd party payment provider Stripe or by Bank Deposit or such other method agreed in writing between the Customer and the Seller.

4.2 Unless expressly stated in writing the Hire Price shall be GST inclusive and GST is payable by the Customer to the Seller at the time of purchase.

4.3 As a condition of the Hiring the Seller may in its discretion require a Bank Guarantee in favour of the Seller and/or a deposit of funds with the Seller of such amount as the Seller shall require prior to the Hire Start Date to the intent that the guarantee be discharged and/or the deposit be refunded at the end of the hiring and after return of the Equipment to the Seller in accordance with and upon the Client’s proper performance of these Terms and Conditions.

5.1  The Hire period is chosen at the time of the Hire Request. Customers are required to complete a Hire Request for confirmation of availability of equipment on first choice dates of hire.

5.2 The hire commences on the Hire Start Date and continues until the Return Date or if later the date of return of the Equipment to the Seller’s premises in the state and condition as required under these Terms and Conditions. Unless other terms have been agreed in writing between the Seller and the Customer a periodic hire shall come into being on delivery of the Equipment to the Customer (which shall be the Start Date) terminable by the Seller or the Customer by notice in writing received on or before the set cancelation date for the Equipment in the Hire Order.

5.2  If the customer cancels the hire booking on or before the set cancelation date, then there will be a full refund of the purchase price. If the customer cancels the hire booking at any stage after the set cancelation date, then there will be no refund of the purchase price.

5.3  Deposit or guarantor requirements for hire differ from product to product. Deposits will be returned within 7 to 10 days from date of return.

5.4  Customer must pay by date on Hire Invoice.

5.5  Hire prices/rates shown on given Hire website pages are a guide and/or are indicative of price range and product availability.

5.6  Full Hire Terms and Conditions Apply as sent out with email confirmation of the Hire Invoice payment.

7.1  Without prejudice to any other remedies available to the Seller and notwithstanding any period of hire specified in this Hire Order, the Seller may terminate this Hire Order without notice and without payment of compensation if:

(a)  the Seller reasonably believes the Equipment is in imminent danger of damage or destruction;

(b)  the Customer commits a material breach of these Terms and Conditions or the Customer commits any act of bankruptcy or being a  company an application is made or a resolution is passed for its winding up or a receiver of its assets is appointed or if any execution or distress shall be levied upon the Equipment or if any judgment against the Customer shall remain unsatisfied for seven (7) days or more or if the Customer makes an assignment or compromise for the benefit of their creditors or being a company is placed under statutory management or  ceases to carry on business.

8.1  Delivery of the Equipment will be made by the Seller to the Customer’s address on the Hire Order or such other address subsequently advised by the Customer to the Seller in writing. The Customer shall make all arrangements necessary to take delivery of the Equipment whenever they are tendered for delivery and the Seller shall be entitled at any time before delivery to elect (by notice in writing to the Customer) to deliver the Equipment to the Customer at the Sellers address.

8.2  The costs of carriage and any insurance which the Customer reasonably directs the Seller to incur shall be reimbursed by the Customer (without any set-off or other withholding whatever) and shall be due on the date for delivery. The carrier shall be deemed to be the Customer’s agent.

8.3  The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.

8.4 All risk in or relating to the Equipment passes to the Customer on delivery from which time all losses and costs (including but not limited to freight and insurance) are to be borne by the Customer to the exclusion of the Seller.

9.1  All equipment will be inspected prior to despatch and an Inspection Sheet will be completed and supplied to the Customer.

9.2  The Customer shall inspect the Equipment on delivery and shall, within seven (7) days of delivery, notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with description of the Equipment as supplied on the Inspection Sheet and failing such notice the Equipment shall be conclusively deemed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Equipment.

9.3  On the very rare occurrence that the Seller has supplied defective equipment, the Seller will endeavour to replace this equipment as agreed with the customer and all freight costs will be covered by the seller.

9.4  Subject to the provisions of the CGA if applicable the Seller does not undertake that repair facilities and/or parts will be available for the Equipment during the period of hire.   Nor any liability or obligation to repair any defective Equipment or Equipment damaged by the customer during hirage.

9.5  The Customer is liable to the Seller for any theft, loss and/or damage to the equipment whilst on hire. The Customer will be liable for the costs of replacement or repairs to the equipment which must be purchased through goRide.  The Customer must notify the Seller immediately a theft, loss and/or damage has occurred. The Seller may elect that the Equipment be immediately returned to the Seller at the Customers cost.

10.1  Where there is no breach by the Seller, or the Customer, of these Terms the Customer must return the Equipment by the agreed return date/Hire completion date. The Equipment and all the following are returned to the Seller in “reasonable condition”;

(a)  All packaging material and brochures.

(b)  All instruction manuals, videos or any other material supplied with the Equipment.

(c) All tools and accessories.

10.2 Usually when you buy a product or service, the sale is final unless the item breaches a guarantee under the Consumer Guarantees Act. The retailer doesn’t have to give you a refund or credit if:

•     you change your mind
•     your circumstances change
•     you find cheaper hire rates elsewhere.

14.1  In the event of any breach of this contract by the Seller the remedies of the Customer shall be limited to damages which shall not exceed the Price of the Hire Order.

14.2 The Seller shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of this contract.

14.3 All warranties and conditions whether implied by statute or otherwise are excluded from this Hire Order provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the gross negligence of the Seller (provided there is full proof of gross negligence on behalf of the Seller) or affect the statutory rights of a Customer dealing as consumer.

14.4 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made by any servant or agent of the Seller and the Customer acknowledges that they hire the Equipment relying solely upon their own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition or representation.

15.1  Overdue Equipment shall accrue costs from the day after the return date.  These costs become due daily and will be deducted from the Deposit made by the Customer.  If the total of the Deposit is reached, no refund will be made to the Customer and the Customer will be deemed to have defaulted on their return obligations under these Terms and Conditions.

15.2 If the Customer fails to return Equipment when due, the Customer shall indemnify the Seller from and against all of the Seller’s costs of collection (including disbursements) including legal costs on a solicitor and own customer basis.

15.3 Without prejudice to any other remedies the Seller may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Equipment to the Customer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Customer for any loss or damage the Customer suffers because the Seller exercised its rights under this clause.

16.1 The Customer is solely responsible for correct installation of the Equipment supplied.  All manuals, instructions and videos supplied must be followed.  All recommendations for safe use must be followed.

16.2  Bike Seats/Tows do not fit all bikes and we do not take any responsibility for non-fitting seats/tows. It is the Customer responsibility at time of Hire Order to understand and gain knowledge of the Equipment about to be hired.

16.3  Some Equipment needs skill and time to be installed and uninstalled.  This should be taken into consideration when choosing a hire period.  The Seller will not refund a Hire Order due to inability to install.

16.4  As the rider, you are responsible for ensuring that any child travelling on your bike is correctly restrained and safe.  At goRide, we recommend that you learn from us how to safely use your child seat/tow for the period of your hire… we are here to help and teach you!  We are available to answer questions before and during the period of hire and we recommend you seek advice if you are unsure about anything.

17.1 In consideration of the Seller at the request of the Guarantor selling, supplying and/or leasing the Equipment to the Client the Guarantor hereby (and if more than one jointly and severally) unconditionally guarantees to the Seller payment of any monies payable to the Seller by the Client and performance by the Client of any other obligation to be performed by the Client and the Client acknowledges and declares that this Guarantee is a continuing guarantee and the Seller is at liberty to regard the Guarantor in all respects as principal debtor and shall not be obliged to take action against the Client.

18.1  Assignment – the Seller may deal or dispose in any way with all or any part of its rights and obligations under this contract without the Client’s consent.

18.2 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

18.3 All Equipment and services supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for changes in the law which affect the Equipment or services supplied.