Tool Lendery, Christchurch Central

Borrower’s Agreement & Tool Use Policy

1. Membership

• Members must be age 18 or over to hire tools from the Gap Filler Trust t/a the Tool Lendery.

• Residents must be a resident of Christchurch

• Prior to hiring tools, all Members must:

• create an account with MyTurn;

• sign the Liability Waiver form;

• sign this Borrower’s Agreement & Tool Use Policy form.

• verify their identity. This includes presenting the following forms of identification to a Tool Lendery staff member:

• a valid government-issued photo ID

• proof of current address

2. Hiring tools

• Membership to the Tool Lendery is free; however, every tool borrowed will incur a hire charge of $5 per tool.

• The Tool Lendery have the right to change the hire price at any time.

• Payments are to be made online via MyTurn, with a valid debit or credit card.

• The hire period is for 7 days, from the date the tool(s) is/are collected.

• Members may borrow up to 5 tools at any one time.

• The Tool Lendery reserves the right to refuse the loan of any tool at its discretion.

• Tools are intended to be strictly used for home and personal use only.

3. Reservations

• Items may be reserved free of charge online, up to ten days before check out.

• All reservations must be confirmed by a Tool Lendery staff member to be effective.

• All reservations due to be collected during our open hours on a specified day, will be cancelled if not collected by the end of the day’s open hours.

4. Tool Use

• Only the Member is authorized to use Tool Lendery tools hired under their account, and shall not permit the use of tools checked out to him or her by any other person unless by the written permission of the Tool Lendery.

• Items must be operated safety, for their intended use, and in accordance with any operation manual as supplied by the Tool Lendery.

• Tool Lendery staff are available to assist in explaining the operation of tools, however by taking possession of any tool, the Member is certifying that they are able to operate that tool in a safe and proper manner.

• The Tool Lendery acknowledges that some of the tools are second hand, and that if the tool stops working or becomes unusable due to normal wear and tear, the Tool Lendery will find, if available, a replacement for the tool without any extra charge or fines.

• The Member agrees that the Tool Lendery is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools.

• The Member agrees that if any borrowed tool becomes unsafe to use or otherwise becomes unusable, they must immediately discontinue use of the tool and notify the Tool Lendery of the issue in writing within two business days.

• The Member agrees that they will not tamper with or attempt to repair any such tool that has become unsafe or unusable.

5. Returning Tools

• All tools borrowed are to be returned by close of Tool Lendery hours on their due date.

• Tools must be returned in person to the Tool Lendery during our open business hours, as stated on our website.

• All tools are to be returned in the same condition than they were issued, barring normal wear and tear. All tools must be cleaned before they are returned.

• If a tool is returned late, the Member will be responsible for a late fee.

• This late fee will be $1 per day for every day until the tool is returned.

• Late fees are capped at the full replacement cost of the tool plus a $5 administrative fee per tool.

• Fines must be paid in full before borrowing additional tools.

6. Renewals

• Members may extend the hire period for a tool by renewing the hire agreement online, so long as no other Member has reserved the same tool.

• The Tool Lendery reserves the right to refuse or limit renewals and will do so based on demand.

7. Loss or theft of tools

• All tools supplied by the Tool Lendery to the Member under this agreement shall remain the property of the Tool Lendery.

• Members are responsible for the damage to, and loss or theft of tools they have hired. They must pay immediately on request by the Tool Lendery:

• the list price of any tool that, for any reason whatsoever, is not returned to the Tool Lendery.

• the full cost of repairing any damage to the tool caused or contributed to by the Member plus a $5 administrative fee, with the exception of second hand tools on a case-by-case basis.

• The Tool Lendery will endeavor to make contact with any delinquent members, and reserves the right to use appropriate steps to retrieve unreturned tools or unpaid fines and fees, including any expenses and legal costs incurred by the Tool Lendery in enforcing this contract.

• The Member authorises the Tool Lendery to charge any amounts owing by the Member to any credit card, the details of which the Member has provided to the Tool Lendery.

• The Tool Lendery also reserves the right to forgive fees due to special circumstances.

8. Breach of Borrower’s Agreement & Tool Use Policy

• If the Member breaches any clause whatsoever of this document then the Tool Lendery will be entitled to terminate this Contract.

9. Privacy Act 1993

• Members are covered by the Privacy Act 1993.

• The Member consents to the Tool Lendery obtaining requested information about them, which will be stored securely.

• Members have the right to access personal information held by the Tool Lendery and request correction of any errors in that information.

I affirm that the information that I have provided on the Membership Application is current, true, and correct. I understand that this information may be subject to verification.

I further state that I have read and fully understand the rules and regulations of the Tool Lendery, and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges and/or legal action against me. I have read and signed a Waiver and Indemnification form, relinquishing any and all claims against Gap Filler Trust t/a the Tool Lendery.

Please check the box on the sign up form, acknowledging that you have read and agree to the Tool Lendery, Christchurch Central’s Borrowers Agreement & Tool Use Policy.

Liability Waiver

I acknowledge that all tools in the Tool Lendery, Christchurch Central, are for the use of Tool Lendery, Christchurch Central members only, and are strictly for home use.

Out of respect for future users, I agree to clean any tools I borrow before returning them.

I acknowledge that I am responsible for damage that they have caused, and must report any damage to the Tool Lendery immediately.

I state that I am capable and experienced in the use of the tools I am borrowing, and that I will use the tools I am borrowing safely; for their intended purpose; and in a controlled environment.

I do hereby for myself, in consideration of being permitted to borrow tools, waive any and all claims against Gap Filler Trust t/a the Tool Lendery and its employees for any injury or injuries of any nature that I may suffer or incur in the use of the tools that I am borrowing from the Tool Lendery.

I hereby for myself, in consideration of being permitted to borrow tools, agree to release and indemnify and hold harmless Gap Filler Trust t/a the Tool Lendery and its employees from any and all liability, loss, claims, and demands, actions or causes of action for the death or injury to any persons, and for any property damage suffered or incurred by any person which arises or may arise or be occasioned in any way from the use of tools I am borrowing from the Tool Lendery. I am aware Gap Filler Trust t/a the Tool Lendery, its partners, members, and employees claim no expertise and make no representation concerning the fitness of any tool for any particular use.

I affirm that the personal information I have provided is current true and correct and may be subject to verification. I further state that I have read and fully understand the rules and regulations of the Tool Lendery, Christchurch Central as stated in the Borrowers Agreement & Tool Use Policy, and I understand that failure to comply with any of these rules may result in revocation of my borrowing privileges and/or legal action against me.

I have read and signed this Liability Waiver form, relinquishing any and all claims against Gap Filler Trust t/a the Tool Lendery and its employees.