Hire Equipment Terms & Conditions
The following form part of the Hibiscus Outdoors Hire Agreement Terms and Conditions of Hire
5. Security Deposit
The Owner may require a bond or security deposit before releasing Equipment.
The Owner may apply the deposit towards:
unpaid hire charges;
damage repairs;
missing parts or accessories;
cleaning;
transport costs;
any other amounts owed under this agreement.
The balance will be returned after inspection and settlement of any amounts owing.
6. Hirer’s Responsibilities
The Hirer agrees:
To use the Equipment only for its intended purpose.
To operate the Equipment safely and in accordance with manufacturer instructions.
To ensure operators are competent, trained, and legally permitted to use the Equipment.
To keep the Equipment secure and protected from theft, loss, weather damage, and misuse.
Not to sell, sub-hire, lend, modify, dismantle, or alter the Equipment.
Not to remove identification plates, labels, or markings.
To use appropriate personal protective equipment (PPE).
7. Health and Safety
The Hirer acknowledges obligations under the Health and Safety at Work Act 2015 and must:
identify hazards associated with the Equipment and work environment;
ensure safe operating conditions;
keep bystanders away from operating areas;
follow all safety instructions.
The Hirer must immediately stop using Equipment that becomes unsafe or defective and notify the Owner.
8. Fuel, Oil and Consumables
Unless otherwise agreed, the Hirer is responsible for:
correct fuel type;
oil levels;
charging batteries;
consumables used during hire.
Damage caused by incorrect fuel, insufficient lubrication, or misuse will be charged to the Hirer.
Equipment will be provided with a full tank of fuel and shall be returned with a full tank of fuel. Where a machine is not returned with a full tank of fuel the owner may charge the hirer an amount, at the prevailing fuel rate, to fill the tank.
9. Inspection and Condition
The Hirer confirms that:
they have inspected the Equipment;
the Equipment is received in good working order;
they understand its operation.
Any existing damage is recorded at the commencement of hire.
10. Damage, Loss and Repairs
The Hirer is responsible for the Equipment during the hire period and must pay for:
damage caused by misuse, negligence, accident, or improper operation;
lost Equipment;
stolen Equipment;
missing accessories;
cleaning beyond normal use.
The Hirer must not arrange repairs without the Owner’s approval.
11. Breakdown or Fault
If Equipment fails due to normal mechanical failure the Hirer must:
stop operating the Equipment;
notify the Owner immediately;
follow the Owner’s instructions.
The Owner may repair, replace, or recover the Equipment.
The Hirer must not continue using faulty Equipment.
12. Transport and Delivery
Where Equipment is delivered the Hirer is responsible for ensuring:
access is suitable;
delivery area is safe;
Equipment can be unloaded safely.
The Hirer is responsible for Equipment once delivered unless otherwise agreed.
13. Insurance and Risk
Risk in the Equipment passes to the Hirer when:
collected by the Hirer; or
delivered to the Hirer’s nominated location.
The Hirer is responsible for the Equipment until returned and accepted by the Owner and for arranging insurance, if required.
14. Limitation of Liability
To the maximum extent permitted by law:
The Owner is not liable for loss, damage, delay, injury, or consequential loss arising from:
Equipment failure;
inability to use Equipment;
interruption of work;
loss of profits.
Nothing in this agreement excludes rights that cannot legally be excluded under New Zealand law, including applicable rights under the Consumer Guarantees Act 1993.
15. Compliance With Law
The Hirer must comply with all applicable laws, regulations, and requirements relating to use of the Equipment.
This includes:
road transport requirements;
environmental requirements;
workplace safety obligations;
local authority requirements.
16. Cancellation
If the Hirer cancels a booking then cancellation fees may apply:
Less than 24 hours notice: 50% of hire fee
Failure to collect Equipment: 80% of hire fee
The Owner may cancel the hire if:
payment requirements are not met;
Equipment is unavailable;
safety concerns exist.
17. Default
The Hirer is in default if they:
fail to pay amounts owing;
misuse Equipment;
breach these terms;
fail to return Equipment.
The Owner may immediately terminate the hire and recover Equipment.
The Hirer authorises the Owner to enter premises (where legally permitted) to recover Equipment.
18. Personal Property Securities Act 1999 (PPSA)
The Hirer grants the Owner a security interest in all Equipment supplied under this agreement.
The Hirer agrees the Owner may register a financing statement to protect its interest.
The Hirer waives rights to receive copies of certain PPSA notices to the extent permitted by law.
19. Privacy
The Hirer authorises the Owner to collect and use information for:
managing hire arrangements;
payment recovery;
risk assessment;
customer administration.
Information will be handled in accordance with the Privacy Act 2020.
20. Governing Law
This agreement is governed by the laws of New Zealand.