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Terms and Conditions of Hire and or Purchase

Below are our terms of trade:

( please also note that all Chippers have a $160 deposit and Trucks, Diggers and Loaders have a $200 deposit on every hire and it is at the owners or owners representatives discretion whether a deposit is required up front with full payment of the hire term for any other hire equipment )

  1. TERMS AND CONDITIONS 1.1 The hire agreement comprises the front page page of this agreement, separate till docket and information sheet setting out the hire details together with the terms and conditions set out below and on the back. 1.2 The person hiring the equipment (“the Hirer”) agrees to hire from Digwork Landscape Centre Limited trading as Handyhire & Landscape Supply (“the Owner”) the equipment (“equipment”) described on the hire agreement on the terms and conditions set out below and on the back.    1.3 The Owner reserves the right to change these terms and conditions without notice by placing any amended terms and conditions on the Hirer’s website (www.digwork.co.nz), which apply from the date they are placed on the website.
  2. CHARGES 2.1 Equipment is hired on an hourly basis for the length of time set out in the hire agreement.  The Hirer agrees that the Owner may charge extra on a pro rata basis for any equipment used in excess of the hire period set out in the rental agreement.  The Hirer shall not be entitled to a refund if the Hirer chooses to return the equipment to the Owner before the end of the agreed hire period unless at the Owner’s discretion.   2.2 The hire period begins from the time set out in the rental agreement and runs until the equipment is either returned to the Owner at the place of hire, removed by the Owner pursuant to clause 4 or when the rental agreement is terminated pursuant to clause 5. 2.3 The Hirer shall pay as invoiced for the hire period for all equipment used, loss and insurance charges (if applicable), delivery/removal costs, excess use charges, any damage to or loss of the equipment, cleaning and fuel costs (if any) and default interest for late payment. 2.4 Cleaning fees will be assessed and charged if the Hirer returns equipment that the Owner deems (in its sole discretion) to be excessively dirty. 2.5 Any equipment incorporating a fuel tank must be returned at the end of the hire period with a full tank of the appropriate fuel. A charge for fuel will be assessed and charged at the Owner’s discretion if the Hirer returns equipment without filling the fuel tank. 2.6 The Hirer will be liable for all costs of enforcement and collection (including legal costs on a solicitor and own client basis) incurred by the Owner in relation to this rental agreement, whether arising directly or indirectly from the connection with the exercise of attempted exercise of any of its rights or remedies under the rental agreement. 
  3. PAYMENT 3.1 For hire of equipment, unless the Hirer has a credit account with the Owner: 3.1.1 the Hirer will be required to pay a bond of not less than 150% of the estimated total charges prior to delivery of the equipment; and 3.1.2 on return of the equipment in good order and condition, the actual total charges will be calculated and the Hirer will either pay the balance outstanding or be refunded with the difference between the bond paid by the Hirer and the actual total charges. 3.2 For credit account customers, the Owner will send the Hirer an invoice for charges incurred. The Hirer must pay the invoice by the 20th of the month following the date of invoice.   3.3 The Hirer will pay default interest at the rate of 2% per calendar month on all outstanding amounts from the due date until all moneys have been paid in full. 3.4 No credit shall be extended on overdue accounts. 3.5 The Hirer’s obligations to pay charges and any other sums to the Owner shall continue despite any mechanical defect in, breakdown of, theft of or accident or damage caused to the equipment. 3.6 All charges are inclusive of GST unless otherwise indicated and the Hirer shall pay the charges plus GST where indicated.
  4. DELIVERY AND RETURN 4.1 Delivery and return of the equipment is at the cost of the Hirer and, if applicable, is in addition to the hire costs. 4.2 If applicable, equipment must be packed up, ready for loading and assistance rendered for loading. 4.3 The Hirer grants to the Owner, or will procure that the Owner is granted, an irrevocable right and authority to enter the premises where the equipment is held and for the Owner to deliver and/or remove the equipment, either on the expiry of the hire period or on termination of the contract pursuant to clauses 5.1 or 5.2.  4.4 The Hirer must make any requests for removal by the Owner by telephone at the completion of the hire. 4.5 The Hirer must obtain a return slip from the Owner when the equipment has either been finished with and is awaiting pickup or has been returned to the Owner.
  5. TERMINATION 5.1 The Hirer shall be in default of the hire agreement and the Owner may terminate the hire agreement by notice with immediate effect if: 5.1.1. the Hirer fails to comply with any term of the hire agreement; 5.1.2 the Owner believes the equipment may be at risk for any reason whatsoever, including the manner of its use by the Hirer, or adverse weather or work conditions,  5.1.3 the hire or related charges owing on the equipment are overdue; or 5.1.3 the Hirer has committed any act of insolvency or bankruptcy. 5.2 Notwithstanding clause 5.1, the Owner may terminate the hire at any time without reason by giving the Hirer 48 hours’ written notice. 5.3 Where this rental agreement is terminated under clauses 5.1 or 5.2, the Hirer shall immediately deliver up the equipment to the Owner and must pay to the Owner: 5.3.1 all hire and other moneys due to the Owner at the date of termination; and 5.3.2 the balance of all hire yet to accrue from the date of termination to the expiry of the term of the hire agreement, discounted for early payment in such amount as the Owner at its sole discretion allows.
  6. OWNERSHIP 6.1 The equipment remains the property of the Owner and the Hirer shall not sell, assign, sublet, charge or part with possession of the equipment, however this shall not prevent employees of the Hirer using the equipment in accordance with the hire agreement.
  7. HIRER’S OBLIGATIONS 7.1 The Hirer shall: 7.1.1 advise the Owner of the intended location and/or nature of use at the time of hiring the equipment if the equipment is intended to be used in a location or manner which is outside its usual or ordinary use; 7.1.2 take proper and reasonable care of the equipment and return it to the Owner at the place of hire at the end of the hire period in the same order and condition as at the commencement of the hire (fair wear and tear excepted); 7.1.3 if applicable, carry out all necessary daily servicing (including the inspection and/or the supply of all necessary tyre pressures, water, oil, grease and fuel) at the Hirer’s own expense, any such requirement to be noted on the hire agreement; 7.1.4 satisfy itself that the equipment is in clean condition and in good and substantial order and  suitable for the Hirer’s intended use; 7.1.5 use the equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such equipment; 7.1.6 immediately cease operating the equipment and notify the Owner by telephone if the equipment is faulty, breaks down or if any warning light or buzzer is activated; 7.1.7 notify the Owner immediately by telephone if the hired equipment is lost, stolen or damaged and follow all reasonable instructions of the Owner; 7.1.8 subject to clause 8, be responsible for and indemnify the Owner for any loss, theft or damage to the equipment that occurs from the time the Hirer takes possession of the equipment until it is returned to the Owner’s possession, including: in the case of damage, the full cost of all repairs to restore the equipment to the condition it was in at the time of hire; in the case of loss, theft or irreparable damage to the equipment however caused, the full cost to the Owner of replacing the equipment;  7.1.9 in addition to the costs set out in clause 7.1., be responsible for and indemnify the Owner for any loss of revenue suffered by the Owner due to the unavailability of the equipment for hire due to loss, theft or damage; 7.1.10 not remove, deface or obscure any marks of identification or ownership or registration on the equipment. 7.2 The Hirer warrants that all persons who use the equipment shall be competent and qualified to use the equipment, shall use the equipment in the manner it was designed to be used and follow any directions from the Owner, local authorities, codes of practice and/or the manufacturer of the equipment relating to the use and safety of the equipment and shall comply with all obligations in relation to the use and control of the equipment and persons using said equipment in accordance with the Health and Safety in Employment Act 1992 and all other relevant legislation. 7.3 If the Hirer is not an individual, the person who signs the hire agreement on behalf of the Hirer warrants that they have authority to bind the Hirer, and will in any event be personally liable for the performance of the obligations on the Hirer.  The person signing hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner arising out of the person signing the rental agreement failing to have such power or authority. 7.4 The Hirer shall allow the Owner to inspect and test the equipment and for such purposes the Hirer gives irrevocable leave and licence to the Owner to enter any premises where the equipment may be located.
  1. INSURANCE AND EXCESS 8.1 The Hirer hires the equipment at the Hirer’s own risk and shall be liable for any loss, theft or damage to the equipment (excluding fair wear and tear), including any consequential loss, subject to this clause 8.  The amount to repair or replace the damage or loss, plus any lost rental revenue, is at the sole discretion of the Owner. 8.2 The Owner’s insurance, subject to payment of the excess payable by the Hirer as noted in clause 8.3 and the insurance exclusions set out in clause 8.5, covers against the losses set out in clauses 7.1.8 and 8.1. 8.3 In the event of any loss or damage to the equipment which is covered by the Owner’s insurance, the Hirer must pay an excess charge.  This means that the Hirer is liable to pay the cost of the damage or loss as set out in clause 8.1 above, up to the maximum amount set out below for any one item of equipment: a) Hired machinery and equipment (small equipment non mobile) - damage $350.00 Theft $2500; b) Hired commercial motor fleet (mobile machinery, equipment and vehicles) - 1% of the vehicle sum insured, minimum $500.00; Plus additional underage / inexperienced driver excesses: Drivers aged 21 up to 25 years – $500.00;  Drivers aged under 21 years or any person who has held a licence for less than 12 months - $1,000.00; c) Plus additional excess of $2,500.00 is payable on trucks and excavators whilst on hire, exemplary damages 10% minimum $5000. 8.4 Provided that the loss or damage is covered by the Owner’s insurance and subject to payment by the Hirer of the excess (clause 8.2 above), the Hirer shall not be liable to the Owner for any additional loss of or damage to the equipment or any consequential loss or damage incurred by the Owner. 8.5 The Owner’s insurance does not cover (and therefore the Hirer is liable for the full cost of the damage or loss to the equipment as provided in clause 8.1): 8.5.1 theft of or criminal damage to equipment by the Hirer; 8.5.2 damage or loss due to misuse, abuse or overloading of the equipment or failure to take reasonable care of it; 8.5.3 damage caused to tyres and tubes by blowout, bruises, cuts, kerbing or other causes arising from the use of the equipment; 8.5.4 loss or damage resulting from lack of lubrication or other normal servicing of the equipment; 8.5.5 loss or damage of tools, digger buckets, accessories, grease guns, hoses and similar, electrical cords, welding cable, oxygen and/or acetylene bottles, pneumatic tools, steels and other similar accessories; 8.5.6 loss or damage to plant where such loss or damage is due to any incident or accident involving (in any way) water; 8.5.7 loss or damage of the equipment arising from a breach by the Hirer of the conditions of the hire agreement; or 8.5.8 loss or damage from the use of the equipment in violation of any statute, regulation or by-law; 8.5.9. theft of or criminal damage to equipment by a third party whilst on hire unless reasonably locked and secure.  
  2. LIMITATION OF LIABILITY, INJURY OR DAMAGE TO HIRER, THIRD PERSON OR PROPERTY 9.1 The Hirer acknowledges that the Owner has no liability to the Hirer for any direct or indirect or consequential loss or damage or for any loss of profit (or any other form of economic loss) arising in connection with the hire agreement (whether in contract or in tort) including that resulting from the negligence of the Owner, the use by the Hirer of the equipment, or arising by breach of the hire agreement by the Owner or operation of law.   9.2 Subject to the exclusion of liability in clause 9.1 above, the maximum aggregate liability of the Owner for all claims made by the Hirer, whether as a result of any breach of the hire agreement or on any other ground or terms whatsoever (including liability as a result of tort, including negligence) will not exceed the hire charges paid by the Hirer to the Owner pursuant to the hire agreement. 9.3 The Hirer agrees to fully indemnify the Owner against any liability, losses, damages or expenses incurred or suffered by the Owner as a result of any claim made by a third person against the Owner in respect of any loss or liability arising from the hire agreement or arising out of the use of the equipment hired or purchased by the Hirer. 9.4 Nothing in the hire agreement affects the Hirer’s rights under the Consumer Guarantees Act 1993.  If the Hirer is hiring the equipment for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 do not apply.
  3. PRIVACY ACT 1993 10.1 The information requested from the Hirer is to enable the Owner to assess the Hirer’s request to hire the equipment.  The Hirer does not have to supply this information, but if the Hirer does not, then the Owner is unable to hire the equipment. The Hirer acknowledges that the Owner will collect, hold and use the Hirer’s personal information for purposes related to the hire of the equipment. The Hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the Hirer defaults in the payment of any monies owing to the Owner and the Hirer hereby authorises the disclosure of their personal information for such purpose.