Note to customer – Please read these Hire Contract Conditions carefully. They contain important terms which may affect your rights and responsibilities, including that:
(a) HireAway’s liability to Customers may be limited or excluded in certain circumstances;
(b) Customers may be responsible for loss of or damage to hired Equipment, as well as damage caused to third-party property or goods during the Hire Period; and
(c) HireAway may collect, use, and disclose Customer information in accordance with the Privacy Act 2020 and HireAway’s Privacy Policy, including sharing information with third parties where permitted by law.
These Hire Contract Conditions apply to the exclusion of any other terms or conditions proposed by the Customer unless otherwise agreed in writing by HireAway.
HireAway agrees to hire Equipment to the Customer on the terms set out in this document. When Equipment is hired, HireAway will issue a Hire Schedule setting out details of the Equipment, Hire Period, rates, and any applicable charges. Each Hire Schedule forms part of the overall hire agreement between HireAway and the Customer, together with any credit application, guarantee, indemnity, or other associated documentation.
The Customer agrees that Hire Schedules and related documents may be provided electronically, or in printed form where electronic delivery is unavailable.
The Customer must check the Hire Schedule upon receipt. Unless the Customer notifies HireAway prior to collection or delivery of the Equipment that it disagrees with any part of the Hire Schedule, the Hire Schedule will be deemed accepted by the Customer.
HireAway reserves the right to refuse hire to any Customer where it reasonably considers it appropriate to do so.
Amendments: HireAway may update or amend these Hire Contract Conditions from time to time by providing notice to the Customer. Notice will be deemed given where HireAway:
(a) sends notice to the Customer using any contact details provided by the Customer, including email;
(b) publishes the updated terms on its website; or
(c) displays the updated terms at any HireAway premises or hire locations.
Any amendments to these Hire Contract Conditions will apply only to Hire Schedules entered into after notice of the updated terms has been given.
In these Hire Contract Conditions:
Agreement means these Hire Contract Conditions together with any Hire Schedule, quotation, credit application, or other documentation issued by HireAway.
Commencement means the date and time the Equipment leaves the possession of HireAway or is collected by the Customer.
Customer means the individual, company, partnership, trust, contractor, or organisation hiring Equipment from HireAway.
Equipment means any machinery, vehicles, trailers, tools, attachments, portable buildings, generators, access equipment, landscaping equipment, construction equipment, or other items supplied by HireAway, including all accessories, parts, keys, manuals, and attachments.
Excessive Cleaning means any cleaning required beyond normal wash-down and basic cleaning to return the Equipment to the condition it was supplied in, excluding fair wear and tear.
Hire Charges means all charges payable by the Customer including hire fees, cleaning fees, transport charges, fuel charges, damage costs, late fees, and any other applicable amounts.
Hire Period means the period from Commencement until the Equipment is returned to and accepted by HireAway.
Hire Schedule means the invoice, booking confirmation, quote, or hire agreement issued by HireAway specifying the Equipment hired, rates, and applicable charges.
Remote Area means any location more than 50 kilometres from the HireAway branch or depot.
HireAway will:-
(a) supply the Equipment identified in the Hire Schedule in reasonably clean and serviceable condition;
(b) use reasonable care to ensure the Equipment is suitable for its intended ordinary use at the Commencement of the Hire Period;
(c) provide any operating instructions, manuals or safety information ordinarily supplied with the Equipment, where applicable;
(d) use reasonable efforts to make the Equipment available at the agreed time, subject to availability and circumstances outside HireAway’s reasonable control; and
(e) arrange repairs or replacement Equipment where required under these Hire Contract Conditions.
HireAway does not guarantee that any particular item of Equipment will be available until the booking has been confirmed.
Where the Equipment requested is unavailable, HireAway may offer reasonably equivalent Equipment where practical.
The Customer must:-
(a) inspect the Equipment on collection or delivery and promptly notify HireAway of any apparent defect, damage or discrepancy;
(b) use the Equipment only for its intended purpose and in accordance with all operating instructions, manufacturer recommendations and applicable laws;
(c) ensure the Equipment is operated only by suitably competent, trained and, where required, licensed persons;
(d) take reasonable care of the Equipment throughout the Hire Period;
(e) keep the Equipment secure and protected against theft, loss, damage, misuse and unauthorised access;
(f) not alter, modify, dismantle, repair, interfere with or remove any identification, safety device, GPS device or tracking equipment from the Equipment without HireAway’s prior written approval;
(g) not sell, assign, sublease, lend, pledge or otherwise part with possession or control of the Equipment without HireAway’s prior written approval;
(h) comply with all laws, regulations, bylaws and site requirements relating to the possession, transport and use of the Equipment;
(i) immediately stop using Equipment that becomes unsafe, damaged or defective and notify HireAway; and
(j) return the Equipment at the end of the Hire Period in the same condition in which it was supplied, fair wear and tear excepted.
The Customer is responsible for determining whether the Equipment is suitable for the Customer’s intended application.
The Hire Period begins at the Commencement stated in the Hire Schedule and continues until the Equipment is returned to and accepted by HireAway, unless otherwise agreed in writing.
The Customer remains responsible for the Equipment and all applicable Hire Charges throughout the Hire Period.
If the Customer wishes to extend the Hire Period, it must contact HireAway before the agreed return date. Any extension is subject to HireAway’s approval and Equipment availability.
HireAway may apply additional Hire Charges where Equipment is retained beyond the agreed Hire Period without approval.
Returning Equipment before the agreed end of the Hire Period does not automatically entitle the Customer to a refund or reduction in Hire Charges unless HireAway agrees otherwise.
The Customer must pay all Hire Charges and other amounts shown in the Hire Schedule or otherwise payable under these Hire Contract Conditions.
Unless otherwise stated:-
(a) charges are payable in New Zealand dollars;
(b) GST will be charged where applicable;
(c) HireAway may require payment, a deposit, credit approval or valid payment method before releasing Equipment;
(d) HireAway may charge the Customer for delivery, collection, fuel, cleaning, consumables, damage, excess usage, late return and other applicable charges;
(e) additional charges may apply for delivery, collection or servicing within a Remote Area; and
(f) any estimate or quotation is based on the information available at the time and may be adjusted where the scope, duration or circumstances of the Hire change.
The Customer authorises HireAway to charge any valid payment method supplied by the Customer for amounts properly due under the Agreement, subject to applicable law.
Overdue amounts may incur reasonable collection costs and any interest or administration charges specified in the Hire Schedule.
All Equipment remains the property of HireAway or the relevant Equipment owner at all times.
The Customer obtains no ownership, title or proprietary interest in the Equipment by hiring, possessing or using it.
The Customer must not allow any lien, security interest, charge or other claim to arise over the Equipment.
Where the Equipment is located on property controlled by another person, the Customer must ensure HireAway can access the property to inspect, maintain or recover the Equipment where permitted under these Hire Contract Conditions and by law.
The Customer must notify HireAway immediately if the Equipment becomes subject to seizure, distress, enforcement action or any claim by a third party.
The Customer is responsible for the care and security of the Equipment throughout the Hire Period.
The Customer must immediately notify HireAway if any Equipment is lost, stolen, damaged, destroyed or involved in an accident or incident.
Where theft or deliberate damage is suspected, the Customer must also notify the Police where appropriate and provide HireAway with any relevant Police reference or report.
Except to the extent caused by HireAway or otherwise prohibited by law, the Customer is responsible for reasonable costs arising from loss of or damage to the Equipment during the Hire Period, including:-
(a) repair or replacement costs;
(b) assessment, transport and recovery costs;
(c) cleaning costs beyond reasonable normal cleaning;
(d) replacement of missing parts, accessories, manuals or attachments; and
(e) reasonable loss of hire while damaged Equipment is unavailable for hire.
The Customer is not responsible for fair wear and tear arising from proper use of the Equipment.
Any damage waiver, excess, insurance arrangement or other limitation applying to the Customer’s responsibility will only apply where expressly stated in the Hire Schedule or another document issued by HireAway.
If the Equipment breaks down, becomes defective or appears unsafe, the Customer must:-
(a) stop using the Equipment as soon as it is safe to do so;
(b) take reasonable steps to prevent further damage or injury; and
(c) contact HireAway as soon as reasonably practical.
The Customer must not arrange or carry out repairs without HireAway’s prior approval, except where immediate action is reasonably necessary to prevent injury or further property damage.
Where a breakdown results from normal mechanical failure and is not caused by the Customer, HireAway will use reasonable efforts to repair or replace the Equipment.
Where a breakdown or repair is caused by misuse, negligence, incorrect operation, accidental damage, unauthorised modification, unsuitable conditions or another act or omission of the Customer, the Customer may be responsible for the resulting reasonable costs.
HireAway is not responsible for delays or losses resulting from breakdowns except to the extent required by law or expressly provided in these Hire Contract Conditions.
Where HireAway agrees to deliver or collect Equipment, the Customer must provide safe, suitable and reasonable access to the nominated location.
The Customer must disclose any relevant access restrictions, site hazards, weight limitations, height restrictions, difficult terrain or other conditions that may affect delivery or collection.
HireAway may refuse or postpone delivery or collection where it reasonably considers access or site conditions to be unsafe or unsuitable.
Unless otherwise agreed, the Customer is responsible for loading and unloading Equipment where HireAway has not expressly agreed to provide that service.
Additional charges may apply where:-
(a) delivery or collection is delayed by the Customer;
(b) HireAway is required to make an additional trip;
(c) the Equipment is not ready or accessible for collection;
(d) special transport or access arrangements are required; or
(e) the location is within a Remote Area.
The Customer remains responsible for the Equipment until it has been returned to and accepted by HireAway.
The Customer is responsible for ensuring the Equipment is used safely and in compliance with the Health and Safety at Work Act 2015 and all other applicable health and safety requirements.
The Customer must:-
(a) identify and manage risks associated with the Equipment and the location where it will be used;
(b) ensure operators are appropriately trained, competent and supervised;
(c) provide and require the use of appropriate personal protective equipment;
(d) ensure all guards, safety devices and warning systems remain fitted and operational;
(e) prevent unauthorised persons from accessing or operating the Equipment; and
(f) immediately stop using Equipment that presents or may present a health or safety risk.
The Customer must notify HireAway as soon as reasonably practical of any serious accident, injury, incident or notifiable event involving the Equipment.
Nothing in these Hire Contract Conditions transfers or limits any duty that cannot legally be transferred or limited under applicable health and safety law.
Nothing in these Hire Contract Conditions excludes or limits any right, remedy, guarantee or liability that cannot lawfully be excluded or limited.
To the maximum extent permitted by law, HireAway is not liable for indirect, consequential or special loss arising from the hire or use of the Equipment, including loss of profit, revenue, production, business opportunity or anticipated savings.
Where the Equipment is acquired for business purposes, the parties agree that, to the extent permitted by law, the Consumer Guarantees Act 1993 will not apply where it is fair and reasonable that the parties be bound by that exclusion.
To the maximum extent permitted by law, HireAway’s total liability arising from any Hire Schedule or Agreement will be limited to the amount paid or payable by the Customer for the relevant hire, except where a different limitation is required by law.
HireAway is not liable for any failure or delay caused by circumstances beyond its reasonable control.
The Customer remains responsible for checking that the Equipment is suitable for its intended purpose and operating conditions.
The Customer will be in default if:-
(a) any amount due to HireAway remains unpaid;
(b) the Customer breaches these Hire Contract Conditions;
(c) the Customer provides materially false or misleading information to HireAway;
(d) HireAway reasonably believes the Equipment is at risk of loss, theft, damage or misuse;
(e) the Customer becomes insolvent, enters liquidation, receivership, bankruptcy or another formal insolvency process; or
(f) HireAway reasonably believes the Customer will be unable to meet its obligations under the Agreement.
If the Customer is in default, HireAway may, subject to applicable law:-
(a) terminate the hire;
(b) require immediate return of the Equipment;
(c) suspend any current or future hire;
(d) recover any amounts owing;
(e) enter property where the Equipment is located for the purpose of recovering it, provided HireAway is lawfully entitled to do so; and
(f) recover reasonable costs incurred in enforcing the Agreement or recovering the Equipment.
The Customer must provide reasonable assistance to enable HireAway to recover Equipment following termination or default.
Termination does not affect any rights or obligations that arose before termination.
HireAway may collect, use, store and disclose personal information about the Customer and its representatives for purposes connected with the hire of Equipment and operation of HireAway’s business.
This may include:-
(a) verifying identity and contact information;
(b) assessing creditworthiness and administering accounts;
(c) processing bookings and payments;
(d) delivering, collecting, maintaining and recovering Equipment;
(e) managing safety, security, loss prevention and disputes;
(f) communicating with the Customer about the hire; and
(g) meeting legal, regulatory and insurance requirements.
HireAway may disclose information to service providers, credit reporting agencies, insurers, debt recovery providers, professional advisers, law enforcement agencies and other parties where reasonably necessary or permitted by law.
Personal information will be handled in accordance with the Privacy Act 2020 and HireAway’s Privacy Policy.
Individuals may request access to or correction of their personal information in accordance with applicable law.
Some Equipment may contain GPS, telematics or other tracking technology.
The Customer acknowledges that HireAway may collect information relating to the location, movement, operation, usage, condition and status of Equipment where tracking technology is installed.
HireAway may use this information for legitimate purposes connected with its business, including:-
(a) locating and recovering Equipment;
(b) managing deliveries and collections;
(c) monitoring Equipment utilisation and maintenance requirements;
(d) investigating theft, loss, misuse, damage or unauthorised use;
(e) managing safety and security; and
(f) establishing or responding to disputes relating to the Equipment or Hire Period.
The Customer must not disable, remove, obstruct, damage or interfere with any GPS, telematics or tracking device.
Tracking information will be handled in accordance with applicable privacy law and HireAway’s Privacy Policy.
The Agreement records the entire agreement between HireAway and the Customer concerning the relevant hire and replaces any earlier discussions, representations or understandings relating to that hire, except where expressly incorporated into the Agreement.
If HireAway does not immediately enforce a right under the Agreement, this does not prevent HireAway from enforcing that right later.
If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions will continue to apply.
The Customer may not assign or transfer its rights or obligations under the Agreement without HireAway’s prior written consent.
HireAway may assign or transfer its rights under the Agreement where permitted by law.
Notices may be given using the Customer contact details recorded by HireAway, including by email.
The Customer must promptly notify HireAway if its contact details change.
The Customer agrees that Hire Schedules, invoices, notices and other documents relating to the Agreement may be provided electronically.
HireAway will not be responsible for a failure or delay in performing an obligation where that failure or delay results from an event outside its reasonable control, including natural disasters, severe weather, fire, flood, transport disruption, supply shortages, industrial action, government restrictions or utility failures.
The Agreement is governed by the laws of New Zealand.
The Customer and HireAway submit to the jurisdiction of the New Zealand courts in relation to any dispute arising from the Agreement.
Nothing in the Agreement is intended to exclude or restrict any rights available to a Customer under New Zealand law that cannot legally be excluded or restricted.
Hire Charges means all charges payable by the Customer including hire fees, cleaning fees, transport charges, fuel charges, damage costs, late fees, and any other applicable amounts.
Hire Period means the period from Commencement until the Equipment is returned to and accepted by HireAway.
Hire Schedule means the invoice, booking confirmation, quote, or hire agreement issued by HireAway specifying the Equipment hired, rates, and applicable charges.
Remote Area means any location more than 50 kilometres from the HireAway branch or depot.
