187 Special hiring agreements
A special hiring agreement is a written agreement for the hire of goods:
(a) that describes the goods in such a way (for example, by reference to the make and model of each item) as to enable the nature or character of the goods to be clearly and readily identified, including the number of items, and
(b) that does not include:
(i) an agreement under which the goods may, at any time, be replaced in whole or in part by other goods, except to the extent that the agreement allows replacement if the goods:
• are lost, destroyed or stolen, or
• fail or malfunction in the normal course of operation or use, or
• are temporarily replaced during the servicing, maintenance or repair of the goods, or
(ii) an agreement under which other goods, whether of the same or a different type, may be additionally provided.
Note. A duty ceiling applies to a hire of goods that is a special hiring agreement. See section 188 (3).