Hardcase Carriers
Company No. 93631 (Hardcase Container Hire)
Standard Terms and Conditions for Trade
These terms and conditions govern all present and future hire arrangements between us and the customer. The carriage, handling and transportation (collectively “Carriage”) of all containers, equipment, materials and goods by Hardcase Container Hire Limited trading as Hardcase Carriers (hereafter known as “Hardcase Carriers”) is subject to these terms and conditions.
1. DEFINITIONS
1.1. “Hardcase Carriers” or “Hardcase” or “us” means Hardcase Carriers or any agents or employees thereof.
1.2. “Customer” shall mean any person, corporation or other entity hiring Truck and Crane, Equipment and Services, their agents and employees, successors, assigns or any person acting on behalf of that person, corporation or entity.
1.3. “Truck and Crane” shall mean a truck/vehicle and Hiab Crane provided by Hardcase Carries for Services to the Customer (whether the original Truck and Crane or any substitute), and includes all accessories and other Equipment belonging to Hardcase Carriers attached to the Truck and Crane or to be used in connection with it. For the purposes of these Terms and Conditions, the Truck and Crane shall be deemed to be the property of Hardcase Carriers, whether such is the fact or not.
1.4. “Equipment” means all equipment and materials provided by Hardcase Carriers to the Customer including, without limitation, any shipping containers (“Container”), blocks or chains and any fee or charge associated with the supply of such equipment.
1.5. “Services” means any services provided by Hardcase Carriers to the Customer in relation to the Truck and Crane and Equipment including, without limitation, any Carriage or lifting services, labour hire or advice and any fee or charge associated with the supply of such services.
1.6 “Goods” shall mean items provided by the customer for the Services hired from Hardcase Carriers, including, without limitation, shipping containers, cabins, any contents stored within items, building materials or any other item.
1.7. “Price” means the cost of the Truck and Crane hire, Equipment and/or Services as agreed between Hardcase Carriers and the Customer subject to clause 5 of these Terms and Conditions.
1a. HIRE OF TRUCK AND CRANE, EQUIPMENT AND SERVICES
The Customer agrees to hire the Truck and Crane and/or Equipment and otherwise accept the supply of the Services from Hardcase Carriers in accordance with these Terms and Conditions.
2. ACCEPTANCE
2.1 If you wish to hire the Truck and Crane or Equipment or Services from us, we may ask you to approve or assent to a quote or other document we present to you (“Quote”). The Quote is not a separate contract but is part of, and must be read together with, this Agreement. You enter into this Agreement by approving or assenting to a Quote. The payment of a Quote is considered acceptance and assent. A Quote may include special conditions which apply in addition to these terms and conditions. We may decline to hire the Truck and Crane, Equipment and/or Services to you for any reason whatsoever at our sole discretion.
2.2 Any instructions received by Hardcase Carriers from the Customer for the supply of Truck and Crane, Equipment and Services shall constitute a binding contract and acceptance of these terms and conditions contained herein.
2.3. Personal Guarantee of Company Directors or Trustees: If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Hardcase Carriers agreeing to supply Equipment, Truck and Crane and/or Services and grant credit to the Customer, also sign this contract in their personal capacity and jointly and severally personally guarantee and undertake to Hardcase Carriers the payment of any and all other monies now or hereafter owed by the Customer to Hardcase Carriers. Any personal guarantee made by any party shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and the Customer shall be jointly and severally liable under the terms and conditions of this contract.
2.4 Any Customer who accepts the quote on behalf of another individual agrees to personally guarantee and undertake to Hardcase Carriers the payment of any and all other monies now or hereafter owed by the Customer to Hardcase Carriers. Any personal guarantee made by any party shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and the Customer shall be jointly and severally liable under the terms and conditions of this contract.
2.5 This Agreement binds the parties and their successors by the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Hardcase Carriers to collect, retain, use or disclose any information about the Customer to any person, for the purpose of assessing the Customer’s credit worthiness and enforcing any rights under this contract, and for the collection of due payments.
3.2 The Customer consents to Hardcase Carriers using their personal information for the purposes of direct marketing.
3.3 Where the Customer is a natural person, he or she gives Hardcase Carriers the authority and consent under clauses 3.1 and 3.2 for the use of personal information for the purposes of the Privacy Act 1993.
3.4 Where the Customer is a Company, Trust or Partnership, the person authorising the hire Agreement also consents to the use of customer personal information for the purposes of the Privacy Act 1993.
4. OWNERSHIP
4.1 At all times Hardcase Carriers owns the Truck and Crane and Equipment hired to the customer. The customer does not have any right, interest or claim in or over the Truck and Crane and Equipment except as expressly set out in this Agreement.
4.2 You do not have any express or implied right or entitlement to part with, sell, sublet, charge, encumber, grant any right, interest or lien (of any nature) in or over, the Truck and Crane or Equipment.
4.3 You must not alter the Truck and Crane or Equipment in any way or change or obscure the identification lettering and numbering on it. If you fail to remove any markings you have added to the Truck and Crane or Equipment, we may do so at your cost.
4.4 At all times we own all intellectual property rights attributable to the Truck and Crane, Equipment and services or anything we do in connection with this Agreement including in any inventions, drawings, designs or other work.
5 PRICE
5.1 Where no price is stated in writing or agreed to orally, the Truck and Crane, Equipment and Services shall be deemed to be hired at the current amount as such Truck and Crane, Equipment and Services are hired by Hardcase Carriers at the time of the contract.
5.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Truck and Crane, Equipment or Services that is beyond the control of Hardcase Carriers Ltd between the date of the contract and delivery of the Truck and Crane, Equipment and/or Services.
5.3 Hardcase Carriers reserves the right to revise its rates of hire and related charges without notice.
5.4 Hardcase Carriers will be entitled to charge a surcharge for all works, Truck and Crane hire, Equipment and/or Services the Customer requires on a public holiday.
6. PAYMENT
6.1 You agree to pay us the charges (including the fees specified) for each unit of Equipment hired or Truck and Crane Services supplied. Charges are due and payable in accordance with the terms you have agreed with us.
6.2 The fee being the amount notified to the Customer by Hardcase by the Quote given. The fee is payable within 7 days of the date of invoice and it is the Customer’s responsibility to see that payment is made directly to Hardcase, in full and on time without deduction, set off or counterclaim.
6.3 Any fees paid by direct credit will not be credited to the Customer’s account unless the Customer identifies the payment clearly and as directed by Hardcase. Hardcase is indemnified from any claim for enforcement of this Agreement due to the Customer’s failure to identify a payment, including the sale of the Goods.
6.4 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month to compensate us for your overdue payment. Interest on any “Overdue Amount” will be calculated from and including the due date to and including the date that we receive payment of the Overdue Amount.
6.5 Any expenses, disbursements and legal costs incurred by Hardcase in the enforcement of any rights contained in this contract shall be paid by the Customer in full, including any reasonable solicitor’s fees or debt collection agency fees, postal, telephone, personnel and/or the default action costs.
6.6 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
7. DISPUTES
7.1. No claim relating to Truck and Crane, Equipment and/or Services will be considered unless made within seven (7) days of delivery or, where appropriate, supply and erection.
7.2. In the event of any dispute or difference arising between the parties in respect of any matter concerning these Terms and Conditions, the parties shall in good faith in the first instance use their best endeavours to resolve the matter themselves.
7.3. In the event that the parties are not able to resolve the matter themselves, the parties may agree upon a formal mediation to be conducted by a mediator acceptable to both parties.
7.4. The Customer and Hardcase Carriers shall bear the costs of the mediator equally.
7.5. In the event that:
a) the parties do not agree upon the appointment of a mediator within a reasonable period; or
b) the parties are unable to resolve the dispute by mediation; the dispute shall be referred to arbitration under and in accordance with the Arbitration Act 1996.
8. LIABILITY
8.1. The Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Hardcase Carriers which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Hardcase Carriers, Hardcase Carriers’ liability shall only apply to the minimum extent required by the relevant statute.
8.2. The party for whose benefit Hardcase Carriers performs a Truck and Crane or Carriage Service of a Container or Goods including any agent of that party (“Customer”) must pack, label and secure any Goods within it to comply with all applicable transport regulations, so that they will not shift during Carriage and so as to withstand the ordinary risks of Carriage having regard to the nature of the Goods.
8.3. Subject to clauses 8.8, 8.20 and 8.21, Hardcase Carriers excludes all terms, conditions and warranties implied by statute, general law or custom.
8.4. Subject to clauses 8.8, 8.20 and 8.21, Hardcase Carriers excludes all liability to the Customer for acts or omissions of Hardcase Carriers in tort, contract, bailment or otherwise for loss of, damage to or deterioration or contamination of the Goods, or any delay in delivery.
8.5. Subject to clauses 8.8, 8.20 and 8.21, the Customer releases and discharges Hardcase Carriers and its employees, agents, or subcontractors from, and must not seek to hold any of them responsible for, all actions, liabilities, losses, damages, expenses, costs, and claims, whether at law, in equity or the provisions of statute, arising out of or in connection with the Equipment, Truck and Crane and/or Services, any loss of or damage to, or caused by, the Goods or any delay in delivery.
8.6. The Customer indemnifies Hardcase Carriers from and against all and any costs, expenses, claims, demands, liabilities, causes of action, proceedings, judgments, fines and penalties in respect of damage to or loss of property, and injury to or disease or death of any person, in any way caused by or to the extent contributed to by the Customer or by the Goods, and in respect of any non-compliance by the Customer with the provisions of clauses 8.2 or 8.17(b).
8.7. Subject to clauses 8.8, 8.20 and 8.21, Hardcase Carriers is not liable for any indirect, economic, special or consequential loss or damage, including, without limitation, any loss of business or revenue, loss of profits, loss of opportunity, loss of goodwill, anticipated savings or expenses in connection with or arising out of the Carriage or Truck and Crane Services.
8.8. Notwithstanding anything herein contained, these terms and conditions are subject to all provisions of the Consumer Guarantees Act 1993, which will have overriding effect.
Where the Goods which are the subject of the Truck and Crane and Carriage services are of a kind ordinarily acquired for personal, domestic or household use or consumption (“Regulated Goods”) clauses 3, 4, 5, and 11 will not apply.
8.9. If in connection with the Equipment, Truck and Crane and Services, the Customer or its employees, agents or subcontractors enter sites controlled or owned by Hardcase Carriers or third parties, such entry will be at the Customer’s risk and liability, and the Customer must do all things reasonably required to minimise any disruption to Hardcase Carriers or the third parties (as the case may be) caused by such entry on those sites.
8.10. The Customer will be liable for and must pay any duty, tax, impost or outlay in connection with the Goods and the provision of the Truck and Crane, Equipment and Services, and the Customer indemnifies Hardcase Carriers in respect of those duties, taxes, imposts and outlays. The Customer must pay any such duty, tax, impost or outlay as soon as it becomes due or immediately on request by Hardcase Carriers, whichever occurs first.
8.11. To the extent permitted by law, if a condition or guarantee is implied into these terms and conditions by law, Hardcase Carriers’ liability is limited to the lesser of: (a) Hardcase Carriers undertaking the Service again; and (b) the cost of having the Service supplied again.
8.12. The provisions governing Truck and Crane, Equipment and Services by Hardcase Carriers are subject to force majeure. Force majeure includes but is not limited to an act of God, strike, lockout, act of public enemy, war, blockade, act of terrorism, revolution, riot, insurrection, civil commotion, lightning, fire, storms, flood, explosion, act of State, government restraints and restrictions, embargoes, availability or equipment, plant, goods and the like, or any other cause, all such events not being reasonably within the control of Hardcase Carriers.
8.13. Hardcase Carriers may subcontract part or the whole of the Truck and Crane and Services to any party. Without prejudice to any rights of Hardcase Carriers, any subcontractor or agent engaged by Hardcase Carriers is entitled to the benefit of these terms and conditions, including all rights and exclusions and limitations of liability.
8.14. Hardcase Carriers gives no warranty as to the time or date of the departure or arrival of Hardcase Carriers or its agent’s or subcontractor’s vehicles or the Goods.
This clause 8.14 will not apply in the case of Regulated Goods and the following clause will apply instead:
Hardcase Carriers and its subcontractors will endeavour to deliver Regulated Goods within any agreed timeframes, and will not be liable for failure to deliver, a delay in delivery of, or misdelivery of the Regulated Goods or their contents, due to weather or other circumstances beyond their control. In this event Hardcase Carriers and its subcontractors will deliver as soon as reasonably possible.
8.15. Carriage and Services commence when the Goods are accepted by Hardcase Carriers, its agents or subcontractors for transport and is completed when the Goods are delivered as agreed. The Customer is responsible for payment of any futile Carriage or Service costs and charges incurred which are beyond the control of Hardcase Carriers.
8.16. The route taken by any vehicles of Hardcase Carriers, its agents or subcontractors, the manner of Carriage or Service and the selection or use of any plant or storage facility is at the discretion of Hardcase Carriers, its agents or subcontractors.
8.17. The Customer warrants to Hardcase Carriers that:
(a) it has in place prior to the Service or Carriage, adequate insurance coverage over the Goods for the Service and Carriage of the Goods (including transit insurance and insurance for third property damage, injury or death) with a reputable insurer, and acknowledges and agrees that Hardcase Carriers, its agents or subcontractors do not take responsibility for such insurance or lack thereof;
(b) it has fully, accurately and adequately described the Goods, their nature, weight and measurements and complied with all applicable acts, regulations and rules (inclusive of the New Zealand Standard for the transport of dangerous goods) to Hardcase Carriers
(c) it is either the owner or the authorised agent of the owner of the Goods and has full power and authority to deal with the Goods; and
(d) it is authorised to accept these terms and conditions for itself and the receiver as well as any other person for whom the Customer is acting or any other person having an interest in the Goods.
8.18. Hardcase Carriers will have no liability arising from or in connection with any non-compliance by the Customer with the provisions of clauses 8.2 or 8.17(b).
8.19. Hardcase Carriers has a particular and general lien on the Goods and any documents relating thereto and on any other goods of the Customer which are in, or may come into, the possession of Hardcase Carriers or any documents relating thereto for all sums payable by the Customer to Hardcase Carriers. Where the debt remains unsatisfied for a period of 7 (seven) days from the date which Hardcase Carriers gives notice of the exercise of lien to the Customer (or owner), Hardcase Carriers will have the right to sell any such Goods or goods or documents by public auction or private treaty without further notice to the Customer. Hardcase Carriers may apply any proceeds realised from such sale toward satisfaction of any monies owing and all proper charges and expenses in relation to the exercise of the lien and the sale of the Goods or goods. Hardcase Carriers will remit any surplus proceeds to the Customer.
8.20. Where Hardcase Carriers or its subcontractors provide Truck and Crane, Equipment and/or Services for the Customer, it is agreed to the fullest extent legally permitted, that pursuant to the Contract and Commercial Law Act 2017 (CCLA), this agreement will be a contract for Truck and Crane hire, Equipment or Services at limited carrier’s risk, and Hardcase Carriers and its subcontractors are not liable for any amount in excess of the sum set out in section 259(2) of the CCLA and are not liable for any liability referred to in section 259(3)(b) or (c) of the CCLA.
8.21. As Hardcase Carriers and its subcontractors are not liable for any amount in excess of the sum set out in section 259(2) of the CCLA the Customer will bear the loss for any amount in excess of this sum.
8.22. Hardcase Carriers and its subcontractors are not liable for failure to deliver, delay in delivery of, or misdelivery of the Goods or its contents. In this event Hardcase Carriers or its subcontractors will deliver as soon as reasonably possible
8.23. Except as otherwise provided by these Terms and Conditions, the Customer shall be liable for any damage to, or loss of, the Truck and Crane and Equipment however caused AND in the event of the Truck and Crane or any Equipment being damaged or lost the Customer shall pay to Hardcase Carriers the cost of making good the repair to the Truck and Crane or Equipment or the cost of replacing the Truck and Crane or Equipment whichever is the lesser;
8.24. Damage to Goods: Hardcase Carriers is not liable for loss or damage to goods being handled by the Truck and Crane or damaged by the Truck and Crane however caused during the period of the hire;
8.25. Damage to Services and Property: The Customer shall be solely responsible for all damage which may be caused to underground and overhead services, footpaths, driveways, grounds, lawns, fences, structures, vehicles or any other property whatsoever caused by the Truck and Crane during the period of hire except where such loss or damage arises directly as a result of the negligence or default of Hardcase Carriers. For the avoidance of doubt, the Customer shall be responsible for fully complying with clause 10.1.1 and for advising and informing Hardcase Carriers of any site hazards, ground instability or other issues that may interfere with the proper operation of the Truck and Crane or Equipment during the period of hire or Service;
8.26. Stoppages: Hardcase Carriers shall not be responsible for any loss or damage arising out of any stoppage or delay occasioned by a cause beyond Hardcase Carriers control including, but not limited to, weather conditions, ground conditions, strikes and industrial disputes;
8.27 Consumer Guarantees Act: The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer hires Equipment or acquires Truck and Crane Services from Hardcase Carriers for the purposes of a business in terms of section 2 and 43 of that Act.
9. CUSTOMER’S HEALTH & SAFETY OBLIGATIONS
9.1. The Customer shall comply with its obligations under the Health and Safety in Employment Act 1992 (and any applicable regulations or codes of practice made pursuant to that Act including, but not limited to, the HSE (Pressure Equipment, Truck and Cranes and Passenger Ropeways) Regulations 1999) to ensure that, in performing its obligations under this contract, a safe working environment exists for:
a) employees and contractors of Hardcase Carriers and the Customer; and
b) third parties entering or on the site.
10. HIRE OF EQUIPMENT AND SERVICES
10.1 Site Conditions and Access:
10.1.1 The Customer will ensure:
a) that the ground at the site is adequate to support the Truck and Crane (with or without carrying the Equipment and Goods) under its wheels and support leg.
b) that the ground giving access to the site is stable and firm and of a gradient no steeper than 1 in 10; and
c) that clearance of 4 metres is afforded in respect of all overhead wires and that footpaths, kerbs and channels are suitably planked;
d) Should the Truck and Crane, Goods or Equipment need to be towed into or out of the site, the cost shall be additional to the rate quoted and will be to the Customer’s account;
10.2 Hire and Handling of the Truck and Crane:
10.2.1 The Truck and Crane operator shall be provided by Hardcase Carriers. Notwithstanding this, the Customer shall be responsible for all claims arising in connection with the operation of the Truck and Crane or Equipment by the operator where such operation is under the direction of the Customer;
10.2.2 The Customer shall not:
i. require, permit or suffer the Truck and Crane operator to do anything contrary to any act, regulation, by-law, requirement, code of practice or recognised convention;
ii. allow any other person to operate the Truck and Crane without first obtaining the written consent of Hardcase Carriers;
iii. permit or suffer the operation or direction of the Truck and Crane by any person who by reason of intake of drink or drugs has his or her faculties impaired;
iv. use or permit the use of the Truck and Crane to lift any load which is beyond the rated lifting capacity of the Truck and Crane or for any purpose other than for which Hardcase Carriers has permitted it to be hired. For the avoidance of doubt, Hardcase Carriers does not warrant that the Truck and Crane is fit or suitable for any such purpose; or
v. Issue instructions to the Truck and Crane operator which conflict with the directions of Hardcase Carriers, the Truck and Crane operator’s employment obligations, or would otherwise breach these Terms and Conditions or cause any risk to persons or property;
10.2.3 Hardcase Carriers reserves the right to provide a supervisor to the site if Hardcase Carriers in its sole discretion considers it necessary. If Hardcase Carriers does so the charges payable by the Customer shall be increased accordingly;
10.2.4 The Customer warrants that the weight of the object or objects to be lifted in any one lift and the radius of the proposed lift (measured from the radial point of the Truck and Crane) will not be exceeded at any time. Where the weight is getting close to the maximum lifting capacity of the Truck and Crane, the Hardcase Carriers operator or supervisor has absolute discretion whether to complete the lift as planned or use a safer alternative. A larger capacity Truck and Crane may be required and that will be at a cost agreed before completion of the lift;
10.2.5 Where the Customer has understated the weight or dimensions of the goods to be lifted by the Truck and Crane and Hardcase Carriers has relied on the weight, dimensions or working radius stated, the Customer shall be responsible for all extra cost and risk incurred by Hardcase Carriers by reason of Hardcase Carriers’ reliance upon such stated weight, dimensions or working radius;
10.2.6 The Customer shall be responsible for all loss or damage whatsoever caused while the Truck and Crane is entering, leaving or on the site, including the cost of repairs suffered or incurred by Hardcase Carriers in consequence of any breakdown or damage to the Truck and Crane where such breakdown or damage is caused by any negligent act, omission, misdirection, or misuse of the Truck and Crane on the part of the Customer or the Customer’s servants, agents, contractors or subcontractors and in particular shall be responsible for the payment of hire at the appropriate negotiated rate during the period that the Truck and Crane is necessarily idle as a result of any such negligent act, omission, misdirection or misuse of the Truck and Crane;
10.3. Period of Hire:
The period of hire/Service shall be calculated on a depot to depot basis and shall therefore be the elapsed time in any day from the time of departure from the Hardcase depot to the time of return to the Hardcase depot on that or any other day. Hire shall be charged accordingly;
10.4. Overtime:
Additional charges will be payable by the Customer in accordance with Hardcase Carriers current hire price list for all work performed outside normal working hours and on Saturdays, Sundays or public holidays. A minimum charge of three hours for the operator applies to work carried out on call back Saturdays, Sundays or public holidays;
10.5 Site Allowance:
Where site allowances are payable, there will be an additional charge to the Customer; and
10.6. Truck and Crane Operator’s Accommodation:
Where the site is at a distance from the depot so that overnight accommodation for the Truck and Crane operator and any other accompanying personnel is necessary, the cost of the accommodation and meals will be to the Customer’s account.
11. TERMINATION
11.1. Hardcase Carriers may immediately and without notice terminate the supply of Equipment and/or Services if:
11.1.1. the Customer fails to pay any money due or to perform any of its obligations under these Terms and Conditions;
11.1.2. Hardcase Carriers believes on reasonable grounds that the Customer is about to breach or has breached any of these Terms and Conditions and that such breach may endanger any person or property;
11.1.3. the Truck and Crane or Equipment is destroyed or damaged to such an extent that it is inoperable or unsafe for use;
11.1.4. the Customer does anything that in Hardcase Carriers opinion prejudices Hardcase Carriers rights in the Truck and Crane under this contract;
11.1.5. the Customer, if it is a company, goes into liquidation or a petition to liquidate or a notice of intention to propose a resolution to liquidate is presented to the Customer; or
11.1.6. the Customer, if it is a person, becomes bankrupt or dies.
11.2. Any such termination shall be without prejudice to the rights of Hardcase Carriers in respect of any breach of these Terms and Conditions.
12. INSURANCE
12.1. Hardcase Carriers may, at its own expense, arrange and maintain such insurance as it, in its discretion, considers is required in respect of any Equipment and Service, including (without limitation) public liability insurance for the goods being handled by the Truck and Crane or any Equipment, to such an amount as Hardcase Carriers considers appropriate in the circumstances.
12.2. During the course of the hire, the Customer shall not do, or omit to do, anything that may allow the insurance cover referred to in Clause 12.1 or claims under that insurance cover to be cancelled or refused.
12.3. Where the Customer is required to obtain its own insurance for the Truck and Crane, Equipment and Service, it will name Hardcase Carriers as a co-owner of the policy and provide Hardcase Carriers with a copy of the policy at least 1 working day prior to the commencement of the hire.
13. NOTICE OF ACCIDENTS
13.1. If any Truck and Crane or Equipment is involved in any accident resulting in injury to any person or damage to any property (including damage to the Truck and Crane or Equipment itself), the Customer must give immediate notice of the accident to Hardcase Carriers by telephone and must within 24 hours of the incident provide full details of the accident to Hardcase Carriers in writing.
14. MISCELLANEOUS
14.1. Hardcase Carriers shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
14.2. Failure by Hardcase Carriers to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Hardcase Carriers has under this contract.
14.3. If any provision of this contract 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.
14.4. No amendment to these Terms and Conditions will be effective unless it is in writing signed by both parties.
14.5. Neither party may assign, transfer or deal in any manner with the benefit or burden of these Terms and Conditions without the prior consent of the other party.
14.6. These Terms and Conditions, together with the Guarantee and Indemnity constitute the entire agreement between the parties on the supply of the Truck and Crane, Equipment and Services. Together they replace all earlier agreements, conditions and warranties, whether oral or written, between the parties relating to the supply of the Truck and Crane, Equipment and Services.