Terms & Conditions

Terms of Hire Agreement – Digger + Accessories

1. The Hire Period shall commence at or after 9am and commence at or prior to 4pm on the agreed upon date of Hire unless otherwise agreed upon in writing by both parties.

Terms of Payment:

2.1 The Hirer agrees to pay the Owner the agreed-upon hire rate as stated on the website when booking – Longer periods of hire may be negotiated and agreed upon in writing by both parties.

2.2 A minimum daily rate will be charged regardless of early return unless agreed upon in writing prior to hire.

2.3 Additional charges may be incurred by the Hirer should any equipment not be returned by the end time of the agreed upon period of hire.

2.4 All charges mentioned on our website are inclusive of GST.

2.5 All payments will be expected promptly to be paid by the Hirer upon booking.

2.6 It is the right of the Owner to request a bond of no more than 100% of the total hire cost, be paid by the Hirer prior to the agreed upon period of hire.

2.7 The Hirer shall also be responsible for any additional charges incurred during the hire period, including but not limited to; fuel costs, transportation expenses including any and all fines incurred during hire period, cost of cleaning should the digger and or its accessories be returned in unsatisfactory condition as stated in in Item 4 of this agreement, and damages to the digger caused by the Hirer’s negligence.

Delivery and Removal

3.1 The Hirer is responsible for collection and return of the digger from GC Diggs site.

3.2 The Hirer assumes all risk and responsibility for the equipment and its accessories immediately upon removal from the Owners site. The Hirer maintains sole responsiblity for the equipment and its accessories until the equipment is returned and all keys are returned to the Owner.

3.3 The Owner shall provide the Hirer with a pre-completed Condition of Equipment form upon commencement of hire at the Hirers request. It is the responsibility of the Hirer to ensure the form is completed correctly highlighting any damage to equipment to ensure the Hirer is not held liable for pre-existing damage.

3.4 The Hirer may request delivery or collection of equipment for an additional cost.

Responsibilities of the Hirer:

4.1 The Hirer shall ensure that the digger is operated by qualified personnel over the age of 21, who possess the necessary licenses and certifications required by applicable laws and regulations.

4.2 The Hirer shall bear all costs and liabilities related to the operation, maintenance, damages, and insurance of the digger during the hire period.

4.3 The Hirer shall ensure all fuel tanks are full upon return of equipment.

4.4 The Hirer shall ensure all equipment is returned reasonably clean and tidy. Some dirt is expected however it is the responsibility of the Hirer to ensure all large amounts of clay/dirt/soil etc. is removed from equipment. The Owner reserves the right to charge a cleaning fee where this in not adhered too.

4.5 The Hirer shall not sublet, loan, or transfer the digger to any third party without the prior written consent of the Owner.

Responsibilities of the Owner:

5.1 The Owner shall ensure the digger is in good working condition prior to the commencement of the hire period.

5.2 The Owner shall provide the Hirer with operating instructions, maintenance guidelines, and safety precautions for the digger.

5.3 The Owner shall be responsible for any repairs or maintenance required for the digger due to normal wear and tear during the hire period, unless such damage is a result of the Hirer’s negligence.

5.4 The Owner shall ensure all fuel tanks are full upon commencement of hire.

5.5 The Owner shall ensure all equipment is reasonably clean and tidy upon commencement of hire.

Liability and Indemnification:

6.1 The Hirer hires the equipment at their own risk and shall indemnify and hold the Owner harmless from any claims, damages, losses, or liabilities arising from the use, operation, or possession of the digger during the hire period.

6.2 The Owner shall not be liable for any injuries, damages, or losses incurred by the Hirer or any third party arising from the use of the digger, except in cases of gross negligence or willful misconduct by the Owner.

Termination:

7.1 Either Party may terminate this Agreement in writing if the other Party breaches any material provision of this Agreement.

7.2 Upon termination of this Agreement, the Hirer shall promptly return the digger to the Owner in the same condition as received, subject to normal wear and tear.

Governing Law and Jurisdiction:

8.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand.

8.2 Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand