Terms & Conditions

1. Definitions

1. 1. “Nevada” means Nevada Limited, its successors and assigns or any person acting on behalf of and with the authority of Nevada Limited.
   2. “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting Nevada to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:if there is more than one Client, is a reference to each Client jointly and severally; and
   3. if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
   4. includes the Client’s executors, administrators, successors and permitted assigns.
   5. “Goods” means all Goods or Services supplied by Nevada to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
   6. “Equipment” means all Equipment including any accessories supplied on hire by Nevada 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 Nevada to the Client.
   7. “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Nevada to the Client.
   8. “Price” means the Price payable for the Goods/Equipment hire (plus any Goods and Services Tax (“GST”) where applicable) as agreed between Nevada and the Client in accordance with clause 5.

2. Acceptance

1. 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 delivery of the Goods/Equipment.
   2. These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document or contract between the Client and Nevada.
   3. The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with Nevada and it has been approved with a credit limit established for the account.
   4. In the event that the supply of Goods request exceeds the Clients credit limit and/or the account exceeds the payment terms, Nevada reserves the right to refuse delivery and/or request an alternative payment method.
   5. The Client acknowledges and accepts that the supply of Goods/Equipment for accepted orders may be subject to availability and if, for any reason, Goods/Equipment are not or cease to be available, Nevada reserves the right to vary the Price with alternative Goods as per clause 2, subject to prior confirmation and agreement by both parties.
   6. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Errors and omissions

1. 1. The Client acknowledges and accepts that Nevada shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      1. resulting from an inadvertent mistake made by Nevada in the formation and/or administration of this contract; and/or
      2. contained in/omitted from any literature (hard copy and/or electronic) supplied by Nevada in respect of the Services.
   2. In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of Nevada; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.

4. Change in control

1. 1. The Client shall give Nevada 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, change of trustees or business practice). The Client shall be liable for any loss incurred by Nevada as a result of the Client’s failure to comply with this clause.

5. Price and payment

1. 1. At Nevada’s sole discretion the Price shall be either:
      1. as indicated on any invoice provided by Nevada to the Client; or
      2. Nevada’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
   2. Nevada reserves the right to change the Price if a variation to Nevada’s quotation is requested. Any variations (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to the Seller in the cost of taxes, levies, materials and labour) will be charged for on the basis of Nevada’s quotation, and will be detailed in writing, and shown as variations on Nevada’s invoice. The Client shall be required to respond to any variation submitted by Nevada within ten (10) working days. Failure to do so will entitle Nevada to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
   3. At Nevada’s sole discretion a deposit may be required.
   4. Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Nevada, which may be:
      1. on delivery of the Goods/Equipment;
      2. before delivery of the Goods/Equipment;
      3. by way of instalments/progress payments in accordance with Nevada’s payment schedule;
      4. for certain approved Clients, due seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
      5. the date specified on any invoice or other form as being the date for payment; or
      6. failing any notice to the contrary, the date which is twenty (20) days following the date of any invoice given to the Client by Nevada.
   5. Payment may be made by cash, cheque, bank cheque, direct credit, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and Nevada.
   6. 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 Nevada nor to withhold payment of any invoice because part of that invoice is in dispute.
   7. Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Nevada an amount equal to any GST Nevada must pay for any supply by Nevada under this or any other contract for the sale of the Goods/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.

6. Delivery of goods/equipment

1. 1. Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
      1. the Client or the Client’s nominated carrier takes possession of the Goods/Equipment at Nevada’s address; or
      2. Nevada (or Nevada’s nominated carrier) delivers the Goods/Equipment to the Client’s nominated address even if the Client is not present at the address.
   2. At Nevada’s sole discretion the cost of delivery is either included or is in addition to the Price.
   3. Nevada may deliver the Goods/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
   4. Any time specified by Nevada for delivery of the Goods/Equipment is an estimate only and Nevada 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 Goods/Equipment to be delivered at the time and place as was arranged between both parties. In the event that Nevada is unable to supply the Goods/Equipment as agreed solely due to any action or inaction of the Client, then Nevada shall be entitled to charge a reasonable fee for redelivery and/or storage.

7. Risk to goods

1. 1. Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
   2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Nevada is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Nevada is sufficient evidence of Nevada’s rights to receive the insurance proceeds without the need for any person dealing with Nevada to make further enquiries.
   3. If the Client requests Nevada to leave Goods outside Nevada’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

8. Trade-in

1. 1. In the event that Nevada accepts a trade-in as part payment of purchases, Goods or machinery outright, then the Customer acknowledges and warrants that the Customer owns the said property and that it is not in any subject to any security, charge, lien or hire purchase agreement.In the event that Nevada accepts a trade-in as part payment of purchases, Goods or machinery outright, then the Customer acknowledges and warrants that the Customer owns the said property and that it is not in any subject to any security, charge, lien or hire purchase agreement.

9. Title to goods

1. 1. Nevada and the Client agree that ownership of the Goods shall not pass until:
      1. the Client has paid Nevada all amounts owing to Nevada; and
      2. the Client has met all of its other obligations to Nevada.
   2. Receipt by Nevada 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.
   3. It is further agreed that:
      1. until ownership of the Goods passes to the Client in accordance with clause 1 that the Client is only a bailee of the Goods and must return the Goods to Nevada on request;
      2. the Client holds the benefit of the Client’s insurance of the Goods on trust for Nevada and must pay to Nevada the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
      3. the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Nevada and must pay or deliver the proceeds to Nevada on demand;
      4. the Client should not convert or process the Goods 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 Nevada and must sell, dispose of or return the resulting product to Nevada as it so directs.;
      5. the Client irrevocably authorises Nevada to enter any premises where Nevada believes the Goods are kept and recover possession of the Goods;
      6. Nevada may recover possession of any Goods in transit whether or not delivery has occurred;
      7. the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Nevada;
      8. Nevada may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

10. Personal Property Securities Act 1999 (“PPSA”)

1. 1. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
      1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and
      2. a security interest is taken in all Goods/Equipment and/or collateral (account) – being a monetary obligation of the Client to Nevada for Services – that have previously been supplied and that will be supplied in the future by Nevada to the Client.
   2. The Client undertakes to:
      1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Nevada may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
      2. indemnify, and upon demand reimburse, Nevada for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby;
      3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Nevada; and
      4. immediately advise Nevada of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
   3. Nevada and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
   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.
   5. Unless otherwise agreed to in writing by Nevada, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
   6. The Client shall unconditionally ratify any actions taken by Nevada under clauses 1 to 10.5.
   7. Only to the extent that the hire of the Equipment exceeds a six (6) month hire period with the right of renewal shall clause 10 apply as a security agreement in the form of a PPS Lease in respect of Section 36 of the PPSA, in all other matters this clause 10 will apply generally for the purposes of the PPSA.

11. Security and charge

1. 1. In consideration of Nevada agreeing to supply the Goods/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).
   2. The Client indemnifies Nevada from and against all Nevada’s costs and disbursements including legal costs of a solicitor and own client basis incurred in exercising Nevada’s rights under this clause.
   3. The Client irrevocably appoints Nevada and each director of Nevada as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on the Client’s behalf.

12. Consumer Guarantees Act 1993

1. 1. This contract is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).

13. Defects and returns

1. 1. The Client shall inspect the Goods/Equipment on delivery and shall within seven (7) days of delivery (time being of the essence) notify Nevada of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Nevada an opportunity to inspect the Goods/Equipment within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment, which Nevada has agreed in writing that the Client is entitled to reject, Nevada’s liability is limited to either (at Nevada’s discretion) replacing the Goods/Equipment or repairing the Goods/Equipment.
   2. Returns of Goods will only be accepted provided that:
      1. the Client has complied with the provisions of clause 1; and
      2. Nevada has agreed in writing to accept the return of the Goods; and
      3. the Goods are returned at the Client’s cost within seven (7) days of the delivery date; and
      4. Nevada will not be liable for Goods which have not been stored or used in a proper manner; and
      5. the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
   3. Nevada may (in its discretion) accept the return of non-defective Goods for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Goods plus any freight.

14. Warranty

1. 1. For Goods not manufactured by Nevada, the warranty shall be the current warranty provided by the manufacturer of the Goods. Nevada shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
   2. The conditions applicable to the warranty given on Goods supplied by Nevada are contained on the “Warranty document” that will be supplied with the Goods.
   3. In the case of second hand Goods, the Client acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults and that no warranty is given by Nevada as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Nevada shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

15. Intellectual property

1. 1. Where Nevada has designed, drawn or developed Goods/Equipment for the Client, then the copyright in any designs and drawings and documents shall remain the property of Nevada. Under no circumstances may such designs, drawings and documents be used without the express written approval of Nevada.
   2. The Client warrants that all designs, specifications or instructions given to Nevada will not cause Nevada to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Nevada against any action taken by a third party against Nevada in respect of any such infringement.
   3. The Client agrees that Nevada may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods/Equipment which Nevada has created for the Client.

16. Default and consequences of default

1. 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 Nevada’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
   2. If the Client owes Nevada any money the Client shall indemnify Nevada from and against all costs and disbursements incurred by Nevada in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Nevada’s collection agency costs, and bank dishonour fees).
   3. Further to any other rights or remedies Nevada may have under this contract, if a Client has made payment to Nevada, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Nevada under this clause 16, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.
   4. Without prejudice to Nevada’s other remedies at law Nevada shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Nevada shall, whether or not due for payment, become immediately payable if:
      1. any money payable to Nevada becomes overdue, or in Nevada’s opinion the Client will be unable to make a payment when it falls due;
      2. the Client has exceeded any applicable credit limit provided by Nevada;
      3. 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 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

17. Cancellation

1. 1. Without prejudice to any other remedies Nevada may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Nevada may suspend or terminate the supply of Goods/Equipment to the Client. Nevada will not be liable to the Client for any loss or damage the Client suffers because Nevada has exercised its rights under this clause.
   2. Nevada may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are delivered by giving written notice to the Client. On giving such notice Nevada shall repay to the Client any money paid by the Client for the Goods/Equipment. Nevada shall not be liable for any loss or damage whatsoever arising from such cancellation.
   3. In the event that the Client cancels delivery of Goods/Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by Nevada as a direct result of the cancellation (including, but not limited to, any loss of profits).
   4. Cancellation of orders for Goods/Equipment made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

18. Privacy Act 1993

1. The Client authorises Nevada or Nevada’s agent to:access, collect, retain and use any information about the Client;
   1. (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
      1. for the purpose of marketing products and services to the Client.
   2. disclose information about the Client, whether collected by Nevada from the Client directly or obtained by Nevada 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.
   3. Where the Client is an individual the authorities under clause 1 are authorities or consents for the purposes of the Privacy Act 1993.
   4. The Client shall have the right to request Nevada for a copy of the information about the Client retained by Nevada and the right to request Nevada to correct any incorrect information about the Client held by Nevada.

19. Service of notices

1. Any written notice given under this contract shall be deemed to have been given and received:
   1. by handing the notice to the other party, in person;
   2. by leaving it at the address of the other party as stated in this contract;
   3. by sending it by registered post to the address of the other party as stated in this contract;
   4. if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
   5. if sent by email to the other party’s last known email address.
2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

20. Trusts

1. 1. If the Client at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Nevada may have notice of the Trust, the Client covenants with Nevada as follows:
      1. the contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
      2. the Client has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.
      3. the Client will not without consent in writing of Nevada (Nevada will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
         1. the removal, replacement or retirement of the Client as trustee of the Trust;
         2. any alteration to or variation of the terms of the Trust;
         3. any advancement or distribution of capital of the Trust; or
         4. any resettlement of the trust property.

21. General

1. 1. If the Client at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Nevada may have notice of the Trust, the Client covenants with Nevada as follows:
      1. the contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
      2. the Client has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.
      3. the Client will not without consent in writing of Nevada (Nevada will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
         1. the removal, replacement or retirement of the Client as trustee of the Trust;
         2. any alteration to or variation of the terms of the Trust;
         3. any advancement or distribution of capital of the Trust; or
         4. any resettlement of the trust property.

Additional Terms & Conditions Applicable to Hire Only

22. Hire period

1. 1. For Equipment in which a timing device is installed the hire period shall be the number of hours or part thereof recorded on the timing device whilst the Equipment is in the Client’s possession.
   2. If Nevada agrees with the Client to deliver and/or collect the Equipment, hire charges shall commence from the time the Equipment leaves Nevada’s premises and continue until the Client notifies Nevada that the Equipment is available for collection, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
   3. No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless Nevada confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Nevada immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.

23. Risk to equipment

1. 1. Nevada retains property in the Equipment nonetheless all risk for the Equipment passes to the Client on delivery.
   2. The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Nevada for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
   3. The Client will insure, or self insure, Nevada’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
   4. If Nevada is to provide insurance cover for the Equipment (at its own discretion), the Client agrees to pay an extra eight percent (8%) above the standard hire charges for the Equipment. In the event of an insurance claim being necessary, the Client agrees to pay the applicable insurance company’s cost of excess. Some items may be excluded from standard terms of insurance, for example tyres and windows.
   5. The Client accepts full responsibility for and shall keep Nevada indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Equipment during the hire period however arising and whether or not arising from any negligence, failure or omission of the Client or any other persons.

24. Title to equipment

1. 1. The Equipment is and will at all times remain the absolute property of Nevada.
   2. If the Client fails to return the Equipment to Nevada then Nevada or Nevada’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
   3. The Client is not authorised to pledge Nevada’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

25. Client’s responsibilities

1. 1. The Client shall:
      1. notify Nevada 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;
      2. satisfy itself at commencement that the Equipment is suitable for its purposes;
      3. 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 Nevada or posted on the Equipment;
      4. 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 Nevada upon request;
      5. comply with all workplace health and safety laws relating to the Equipment and its operation;
      6. 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 Nevada;
      7. 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;
      8. 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;
      9. 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;
      10. not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
      11. indemnify and hold harmless Nevada in respect of all claims arising out of the Client’s use of the Equipment.
   2. Immediately on request by Nevada the Client will pay:
      1. the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Nevada;
      2. all costs incurred in cleaning the Equipment;
      3. 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;
      4. the cost of repairing any damage to the Equipment caused by the negligence of the Client or the Client’s agent;
      5. the cost of repairing any damage to the Equipment caused by vandalism, or (in Nevada’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;
      6. the cost of fuels and consumables provided by Nevada and used by the Client.

26. Wet hire

1. 1. In the event of “wet” hire of the Equipment the operator of the Equipment remains an employee of Nevada and operates the Equipment in accordance with the Client’s instructions. As such Nevada shall not be liable for any actions of the operator in following the Client’s instructions.