Rental Agreement Terms and Conditions
Effective date: 31 March 2026
- 1.1 The monthly rental shall be the sum specified in the schedule.
- 1.2 Upon execution of this agreement the Client shall pay to Washtech the first three months rental.
- 1.3 Thereafter the monthly rental shall be paid to Washtech by the Client by consecutive monthly payments in advance by way of automatic bank transfer. The first of such monthly payments to be made on the first payment date.
- 1 .4 In the event of any payment of rental not being made on or prior to its due date the Client shall pay to Washtech interest at the rate of 1.5 percent per month on the outstanding balance until such time as payment is made in full.
- 1.5 Should the Client fail to make any payment of rental by automatic transfer on the due date, any costs incurred by Washtech in the collection of such payments (including legal costs on a solicitor and Client basis as well as debt collecting costs and disbursements) shall be payable by the Client to Washtech upon demand.
- 2.1 The term of this agreement is set out in the schedule commencing on the commencement date. Should the Client continue to use or keep possession of the Equipment beyond the minimum term, the Client is entitled to terminate this agreement after the giving of three months’ notice in writing to Washtech. The terms and conditions of this agreement shall continue to apply to any extension beyond the minimum term.
- 3.1 Washtech shall at its own expense deliver the Equipment to the Client.
- 3.2 The Service Company described in the schedule shall, at the expense of the Client, to the extent that costs exceed the installation cost in the Schedule, install the Equipment.
- 3.3 The Client must provide clear and unimpeded access to the work site and ensure that water and power are available.
- 3.4 Risk in the Equipment passes to the Client on delivery. The insurances in clause 7 must take effect from this time.
- 4.1 The Client shall use the Equipment in a skilful and proper manner in accordance with operations manuals and instructions supplied and shall provide full instruction to its staff as to the operation and use of the Equipment.
- 4.2 The Client will not without the prior written consent of Washtech remove the Equipment from the site address specified in the schedule.
- 4.3 The Client shall exclusively use commercial non-foaming dishwasher detergent sourced from Washtech, an authorised Starline Dealer, Starline Service Provider, or major national chemical supplier such as Chemical Solutions, Ecolab or Diversey.
- 5.1 Washtech shall be entitled to obtain access to the Equipment at all reasonable times for the purpose of inspecting the Equipment. The Client shall do all things reasonably necessary to ensure the provisions to Washtech of such access on the premises where the Equipment is stored.
- 6.1 The Client shall at its own expense keep the Equipment in the good and substantial repair and condition reasonable wear and tear excepted.
- 6.2 The Client shall be responsible for the replacement and cost of all consumables associated with the equipment including although not limited to dishracks, chemicals, chemical squeeze tubes, water filters/membranes (if fitted) etc.
- 6.3 Washtech shall at its own expense service the Equipment so as to maintain the Equipment in good running order.
- 6.4 Upon discovery of any defect or damage to the Equipment the Client shall immediately cease use of the Equipment and shall inform Washtech of such defect or damage.
- 6.5 Upon being notified of any defect or damage to the Equipment Washtech shall use its best endeavours to repair the Equipment within a reasonable period.
- 6.6 The Client shall not employ or permit any person other than the service company to repair the Equipment.
- 6.7 Washtech shall as soon as it is able to do so provide replacement equipment should it not be possible to repair the Equipment within a reasonable period.
- 6.8 Any damage caused to the Equipment which in the sole discretion of Washtech is not caused by reasonable wear and tear shall be repaired at the cost of the Client, such cost shall be paid within seven days of invoice.
- 6.9 Any services to be provided by Washtech in terms of this section shall be provided between the hours of 8:30 am and 5:00 pm on weekdays. Should the Client require such services to be provided other than within these times the Client shall pay Washtech usual overtime charge out rate for the services performed.
- 7.1 The Client shall insure the Equipment against loss or damage and will provide a current, valid certificate of currency as evidence if requested by Washtech.
- 7.2 The Client shall obtain adequate insurances to the satisfaction of Washtech against all risks involved in the use of the Equipment including risks of third-party damage to persons or property.
- 7.3 The Client shall be liable to Washtech for any damage or loss suffered by Washtech because of the Client failing to comply with clauses 7.1 and 7.2.
- 8.1 Unless the Client exercises the option to purchase in clause 10 below the Equipment will at all times remain in the ownership of Washtech.
- 8.2 The Client shall not attempt to sell, mortgage or grant a security over the Equipment, nor part with possession of it, and the Client shall at all times ensure that any person dealing with the Client or the Equipment is informed that it is the property of Washtech under a rental agreement.
- 8.3 The Client will, at the Client's cost, provide Washtech with all information and do all things reasonably required by Washtech to ensure that Washtech has a perfected security interest over the Equipment with the priority required by Washtech under the Personal Property Securities Act 1999 ("PPSA").
- 8.4 To protect its security interest Washtech may, in addition to its rights under section 109 of the PPSA, be entitled to remove and take possession of, and sell, the Equipment. For such purposes the Client hereby authorizes Washtech and its agents to enter any property or place where the Equipment is installed or otherwise may be located to inspect, search for, remove and take possession of the Equipment without being liable in any way to the Client or to any person claiming under the Client for doing so.
- 8.5 Certain sections in the PPSA are able to be excluded by agreement. The Client agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to these terms or to the security interest created by this clause , and the Client waives their rights under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA and waives their rights to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the Security Interest created under these terms.
- 9.1 Upon termination of this agreement by the Client the Client shall at its own expense return the Equipment to Washtech.
- 10.1 The Client can terminate this agreement upon the expiry of the first three months of this agreement (the “Option Date”) upon the following terms:
- a) The Client shall give Washtech notice of its intention to terminate the agreement not later than seven days before the Option Date.
- b) The Client shall, not later than the three working days before the Option Date, pay Washtech the Recommended Retail Price plus GST and Washtech's administration costs (if any) for the Equipment less a sum equivalent to the first three months rental (“Option Price”). The price list provided by Washtech from time to time for the purpose of the sale to potential customers shall be conclusive proof of such RRP.
- c) Upon receipt of the Option Price in full by Washtech this agreement shall terminate and ownership of the Equipment shall pass to the Client absolutely. If the provisions of this clause are not followed within the times specified this clause will be void and of no effect.
- d) Except to the extent in conflict with this agreement Washtech's standard Terms and Conditions of Supply (washtech.co.nz/pages/terms-of-supply) will apply to any purchase of the Equipment under this provision.
- 11 .1 Washtech may terminate this agreement without notice and upon demand in the following circumstances:
- If the Client breaches any of its obligations under this agreement:
- If the Client fails to pay in full any sum of money due to Washtech within seven days from the date due for payment.
- If the Client shall become bankrupt or suffer any execution or distraint to be levied over any property or assets or enters into any agreement of composition with its creditors or becomes insolvent or shall have a receiver or liquidator appointed.
- If, when requested, the Client does not supply adequate insurances to the satisfaction of Washtech or if the insurance policy in respect of the Equipment is cancelled.
- If the Client shall do or cause to be done or permit or allow any act or thing which prejudices or places in jeopardy Washtech's rights to the Equipment or under this agreement.
- 11 .2 Upon termination of this agreement the Client shall:
- Pay to Washtech all rental and other charges due and payable to the date of termination which shall be the date of termination given by Washtech.
- Surrender to Washtech the Equipment and Washtech shall be entitled immediately to retake possession of the Equipment and enter any premises for this purpose.
- 11 .3 The Client shall be liable to Washtech for any damages or losses suffered by Washtech due to the early termination of this agreement as a result of the Client being in breach of its obligation under this agreement.
- 11 .4 Any time credit or other indulgence granted by Washtech to the Client shall not constitute a waiver by Washtech of any of its rights under this agreement.
- 12.1 All costs and expenses incurred by Washtech in enforcing its rights under this agreement shall be payable by the Client upon demand.
- 13.1 This agreement shall not be modified, amended, rescinded, cancelled, or waived in whole or in part except in writing signed by both parties to this agreement.
- 13.2 Any notice or delivery sent by prepaid post at the last known address of the addresses shall be deemed to have been given two working days after posting or the following working day if sent by email.
- 14.1 Washtech may, at its discretion substitute the Equipment for an equivalent model without further reference to the client. For the purposes of the Personal Property Securities Act, the client agrees to the registration by Washtech of a Financing Change Statement to record the substitution of the Equipment.