1. TERMS AND CONDITIONS
1.1. These terms and conditions (Terms) govern the hire of Equipment between The Little Digger Company Limited and/or its authorized agents (together Owner) and the person hiring the Equipment (Hirer).
1.2. These Terms, together with the Hire Contract details set out on the reverse side of these Terms (together the Hire Contract) signed by or on behalf of the Owner and the Hirer, constitutes the entire agreement of the parties relating to the hire of the Equipment.
2. HIRER INFORMATION AND PRIVACY
2.1. Prior to commencement of the hire of the Equipment the Hirer must provide to The Owner a valid driver license. The Hirer agrees to all documents or information provided to the Owner being photographed and stored by The Owner.
2.2. As an essential term of the Hire Contract the Hirer warrants and represents that all information supplied by the Hirer and/or included in the Hire Contract is true and correct.
2.3. The Hirer authorises:
a. use of personal information by The Owner to advise the Hirer of any other goods and services;
b. disclosure of personal information by or to any other party regarding any previous hire contracts or contracts for supply of materials entered into by the Hirer.
3. HIRE CHARGE
3.1. The Hirer shall pay to The Owner the hire charges se t out in the Hire Contract (Hire Charges). The Hire Charges are made up of the Initial Hire Charges (as described at clause 4) and the Additional Charges (as described at clause 8).
3.2. All Hire Charges are inclusive of GST unless otherwise specified.
3.3. The Hirer must present its Hire Contract to The Owner on completion of the hire for inclusion of all Additional Charges, if any.
4. INITIAL HIRE CHARGES
4.1. The Initial Hire Charges are the rates the Hirer must pay to The Owner to hire the Equipment for the Hire Period.
4.2 If the information provided by the Hirer to The Owner is incorrect or changes additional charges may apply.
5. DURATION OF THE HIRE PERIOD
5.1. The Hire Period shall commence on the Start Date and Time recorded in the Hire Contract and expire on the End Date and Time recorded in the Hire Contract.
5.2. In the event of delivery or collection by The Owner the Hire Period shall commence at the time the Equipment leaves the Owner's premises and expires on return to the Owner's premises unless any delay in return is caused by the Owner.
5.3. No refund or reduction of the Hire Charge will be given if the Hirer elects to have collected or return the Equipment to The Owner before the End Time.
6. PICK-UP OR DELIVERY
6.1. The Hirer must pick up and return the Equipment at The Owner’s premises. Alternatively, the Hirer can elect to have the Equipment delivered and/or collected to a nominated delivery or collection address (Delivery Address).
6.2. A charge is made for delivery or collection as detailed in clause 8.7.
6.3. Where delivery and/or collection of the Equipment is selected by the Hirer, The Owner will endeavour to deliver or collect the Equipment during the Delivery Window and Recollection Window but The Owner will not be liable for any failure to do so. Late delivery or collection does not entitle the Hirer to cancel any hire or receive any refund or compensation.
6.4. The Hirer grants to The Owner, or will procure that The Owner is granted, an irrevocable right and authority to enter the location where the Equipment is to be delivered or is located in order to deliver and/or collect (as applicable) the Equipment on the expiry of the hire period or on termination of the Hire Contract or to inspect the condition of the Equipment.
7.1. The hire charge for Equipment includes insurance cover except in respect of the items listed in clause 8.8.
7..2. The excess on any claim under the insurance policy is $1000 however this can be reduced to $500 by payment of an additional charge of $20 per day during hire period of the Equipment.
7..3. The Hirer hires the Equipment at the Hirer’s own risk and indemnifies The Owner against the excess and any uninsured loss in respect of any loss of or damage to the Equipment including any consequential loss.
7.4. In order to comply with the Insurance cover. The Hirer must:
a. at all times act reasonably and with reasonable care;
b. deliver to The Owner (within 24 hours of the time when the Hirer first becomes aware of the loss of or damage to the Equipment) a complete correct written report of the circumstances of such loss or damage to the Equipment, including, if applicable a police complaint acknowledgement form; and
c. Render assistance and do such other things as The Owner shall reasonably require for the purposes of enabling The Owner to recover such loss or damage, including from any potentially responsible third party.
7.5. The insurance does not cover:
a .theft of or criminal damage to Equipment unless reasonably locked and secured;
b. damage or loss due to misuse, abuse or overloading of the Equipment or failure to take reasonable care of it, including any overloading of any motors or other electrical appliances or devices;
c. damage caused to tyres and tubes by blowout, bruises, cut , kerbing or other cause arising from the use of the Equipment;
d. loss or damage resulting from lack of lubrication or other norm l servicing of the Equipment;
e. 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;
f. loss or damage to plant or Equipment where such loss or damage is due to any incident or accident involving (in any way) water;
g. loss or damage to any Equipment or items on which the damage wa ive r is not charged;
h. loss or damage of the Equipment a rising from a breach by the Hirer of the conditions of the Hire Contract; or
i. loss or damage from the use of the Equipment in violation of any statute, regulation or by-law.
8. ADDITIONAL CHARGES
8.1 Such additional charges will be payable by the Hirer for each day the Equipment is on hire as indicated by the selections on the Hire Contract found on thelittlediggercompany.co.nz
8.2. One Hour Lesson Fee of $65 will be payable by the Hirer with such training to be made on the site at which the Equipment is to be used. The Owner reserves the right to reschedule trainings. Contact will be made using the details provided. If the Hirer cancels their booking less than 2 days prior to lesson no refund will be given.
8.3. Digger and Driver Fee of $95 per hour, the booking will be confirmed within a 48 hour period
of receipt. If the Hirer cancels their booking less than 2 days prior to a confirmed date no refund will be given.
8.4. Cleaning Fee of $50 will be payable if the Hirer returns the Equipment in a condition that The Owner deems (in its sole discretion) to be excessively dirty. The Hirer must also pay all costs associated with returning the Equipment.
8.5. Fuel Fee of $2.85/L will be payable if the Hirer returns Equipment without a full tank and drum of diesel.
8.6. Late Return Fee of $220 will be payable by the Hirer if the Equipment is returned after the Return Time and another party has booked the Equipment in addition the Hirer will pay the standard Daily Hire rate for every day or part thereof that the Equipment remains not returned to The Owner.
8.7 Delivery/ Pick up Fee of $100 will be payable if the Hirer has designated a Delivery Address or Recollection Address within 10 km of the Pick-up Location. For any such Address further than 10 km a fee will be charged at the rate of $3 per km in addition to the fee of $100.
8.8. The following items are not covered by the insurance policy and for any breakages of such items additional charges will be made as listed below:
a. Lever coupling ($400).
b. Plug adapter ($20).
c. Jockey wheel and arm ($250).
d. LED side marker lights ($50).
e. LED tail lights kit ($150).
f. Tyres ($150).
g. Rim and tyre set ($170).
h. Spring bolt ($60).
i. Stabilising post ($195).
9.1 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. The Owner reserves the right to reverse any previously agreed discount for credit account customers if the account is not paid by the due date. No additional credit shall be extended on overdue accounts.
9.2. All other customers will make payment of all charge s payable under the Hire Contract by providing irrevocable authority to debit a valid credit card at the time of completion of the Hire Contract. Payment will not be made untilreceipt by The Owner of cleared funds.
9.3. The Owner will not accept any claim for credit received more than one month after the date of invoice.
9.4. A credit card administration fee of 2% applies for the use of Visa and MasterCard and 4% applies for the use of American Express and Diners Club. In the event that The Owner provides the Hirer with a refund for any reason, the credit card administration fee will not be refunded.
9.5. The Hirer is liable for all costs incurred by The Owner in the recovery of outstanding amounts due and owing to The Owner under these Terms. This includes interest at the rate of 2.5% per month, any debt collection costs and any legal expenses on a solicitor/client basis.
10. AMENDMENTS AND CANCELLATIONS
10.1. All changes to a booking for Equipment, including extensions of the End Date, are subject to availability and approval by The Owner. Additional Charges may be payable by the Hirer following changes to a booking.
10.2. If the Hirer wishes to extend the Hire Period, the Hirer must contact The Owner at least 2 hours prior to the end of the Hire Period to ascertain whether this is possible and agreed to by The Owner.
10.3. The Hirer may cancel a booking provided that The Owner receives notice of the cancellation no less than 2 working days before the Start Date. A full refund less any credit card administration fee applicable will be provided to the Hirer for cancellations accepted by The Owner.
11. HIRER’S OBLIGATIONS
11.1. Only the Hirer may tow the Equipment, and the Hirer certifies that the person who is or will be towing the Equipment on is aged 18 years or older, has a current New Zealand full driver license and is licensed and competent to drive and tow the Equipment.
11.2. If the Hirer is not an individual, the person who signs the Hire Contract 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 of 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 Hire Contract failing to have such power or authority.
11.3 The Hirer must:
a. advise The Owner of the intended location and/or nature of use at the time of hiring the Equipment and if the Equipment is intended to be used in a location or manner which is outside its usual or ordinary use;
b. use the Equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such Equipment and accordance with the Health and Safety in Employment Act 1992 and all other relevant legislation;
c. abide by all instructions provided by or on behalf of The Owner for safe use and operation of the Equipment;
d. correctly and safely connect and disconnect the Equipment from the towing vehicle;
e. Ensure that all reasonable care is taken in handling and parking the trailer and that it is left securely locked when not in use; and
f. ensure during that transport, the Equipment and accessories are fully secured.
11.4. The Hirer shall, upon request by The Owner, advise The Owner of the whereabouts of the Equipment and 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 or any part of the Equipment may be and if considered necessary by The Owner to take possession of and/or remove the Equipment.
12. DAMAGE AND LOSS
12.1. The Hirer must:
a. not hitch the Equipment to the vehicle unless and until any issues the Hirer has regarding the condition of the Equipment are resolved with The Owner;
b. not carry out any repairs or adjustments to the Equipment, nor permit any other person to carry out any repairs or adjustments, without prior written consent by The Owner; and
c. return the Equipment in the same or a substantially similar condition on the End Date at the Delivery Address or Recollection Address (as agreed with The Owner).
12.2. If the Equipment becomes faulty in any respect during Hire Period, the Hirer must cease towing and/or using it and notify The Owner by telephone as soon as possible to give The Owner the opportunity to rectify the problem. The Owner’s liability in these circumstances will be limited to refunding an appropriate part of the Hire Charges or providing replacement Equipment.
12.3. Once the Equipment is returned to the Recollection Address, The Owner will check the Equipment for any damage. Subject to clause 9, the Hirer agrees to pay for the Equipment to be restored to its condition (or a substantially similar condition) as at the commencement of the Hire Period if in The Owner’s opinion the Hirer has returned the Equipment in an excessively dirty condition or it has excessive wear, tear or damage through neglect, carelessness or abuse of the Equipment.
12.4. The Hirer must immediately notify The Owner if the hired Equipment is lost, stolen or damaged and shall follow all reasonable instructions of The Owner in these circumstances.
12.5. If the Equipment becomes un-towable through being damaged, the Hirer must immediately contact The Owner and provide notice of this fact and full details of the same. The Owner will then arrange the return of the Equipment, the costs of which shall be borne by the Hirer. The Hire Period shall be terminated upon such return and Additional Charges may be payable if the Equipment is not returned on or before the End Date.
12.6. The Hirer shall not remove, deface or obscure any marks of identification or ownership or registration on the Equipment.
13.1. Neither The Owner nor any of its authorised agents and personnel, sub-contractors, agents or licensees will be liable for any loss (including for negligence) under or relating to these Terms to the extent that it:
a. relates to any loss or damage or for or for any loss of profit to the Hirer’s or any other person’s or liability incurred by the Hirer, as a result of the breakdown of any hired Equipment,
b. results from the Hirer’s failure to take reasonable steps to avoid any such loss; or
c. constitutes consequential, indirect or special loss or damage; or
d. is caused as a result of events beyond The Owner’s reasonable control.
13.2. The aggregate liability of The Owner under the Hire Contract for any default giving rise to a claim by the Hirer shall in all circumstances be limited to the Hire Charge paid by the Hirer for the hire of the Equipment.
14.1. The Hirer acknowledges that:
a. The hired Equipment remains the sole property of The Owner;
b. the Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer on the terms set out in these Terms.
14.2. During the Hire Period the Hirer will not:
a. sell, offer for sale, assign, encumber, mortgage, pledge or sublet the Equipment, or create or allow to be created any security interest or lien over the Equipment; or
b. modify or vary the Equipment in any way (or attempt to do any of the foregoing).
15.1. Either party may terminate the Hire Contract by immediate notice if the other party commits a material breach of these Terms.
15.2. The Owner may terminate the Hire Contract and repossess the Equipment without prior notice or demand in any of the following circumstances:
a.If the Hirer provides any information (including the location where the Equipment is to be used) that is false;
a. If the Hirer fails to comply with any term of these Terms;
b. If the Hirer has obtained the Equipment through fraud or misrepresentation;
c. If the Hirer becomes insolvent or bankrupt, is (or is to be) liquidated or makes any arrangements or composition with its creditors;
d. If, in reasonable opinion of The Owner, the Equipment is at risk of damage, loss or confiscation; and
e. If, in The Owner and/or the Police's opinion, the Hirer does not have sufficient skill or experience to safely tow or use the Equipment.
15.3. If the Hire Contract is terminated, the Hirer will not be entitled to a refund of any part of the hire charges under the contract and shall be solely responsible for the payment of any towing costs to return the Equipment to the Delivery Address, plus a fee to cover The Owner reasonable costs in arranging the return of the Equipment up to a maximum of $500.
16. GENERAL PROVISIONS
16.1. The Hirer must not assign or transfer the Hire Contract without The Owner’s prior written consent.
16.2. The Owner (in its sole discretion) may assign or sub-contract all or any of its obligations under this Hire Contract to any person or entity.
16.3. The Hirer must ensure that a copy of the Hire Contract is kept in the towing vehicle throughout the Hire Period and produced for inspection on demand.
16.4. If any provision of these Terms is or becomes unenforceable in any respect, it will not affect the enforceability of any other provision.
16.5. No waiver by The Owner of any these Terms shall be effective unless it is in writing.
16.6. To the fullest extent permitted by law, The Owner makes no warranties or representations with respect to the Equipment or its services.