Terms and Conditions

• Full Updated Terms & Conditions

(Applicable to both Consumer & Trade Customers – New Zealand)

1. Definitions
“Hireworx”, “we”, “us”, “our” – Hireworx New Zealand Limited, its directors, employees, and authorised agents.
“Customer”, “you”, “your” – The person, company, or entity hiring equipment from Hireworx.
“Equipment” – All items supplied on hire by Hireworx, including parts, accessories, manuals, and safety items.
“Hire Period” – The time from when the Customer takes possession of the Equipment until returned to Hireworx and checked in.
“RPP” – Rental Protection Plan as described in Clause 6.
“PPSA” – Personal Property Securities Act 1999.
“Consumer Guarantees Act” – Consumer Guarantees Act 1993.

2. Hire Periods
Half Day: Up to 4 consecutive hours.
Daily: Up to 24 consecutive hours.
Weekly: Up to 7 consecutive days.
Monthly: 28 consecutive days (4 weeks).
Hire charges apply for time out, not time used. Late returns incur additional hire charges.

3. Payment & Charges
All hires must be paid in advance unless an approved Hireworx account is held.
Approved accounts: Payment due 20th of month following invoice date.
Interest on overdue accounts: 14.99% per month, compounding monthly.
Hireworx may charge any credit card provided (including stored cards) for hire charges, arrears, damage, cleaning, fuel, or any other outstanding costs without prior notification.
All pricing exclusive of GST unless stated otherwise.
Rates may change without notice.

4. Early Termination
If Equipment is returned before the agreed Hire Period ends, early termination charges may apply. No refunds for unused time unless agreed in writing.

5. Customer Responsibilities
You must:

• Operate Equipment safely and in compliance with all instructions, laws, and regulations.
• Check Equipment on delivery/collection and notify Hireworx immediately of any defects.
• Keep Equipment secure and protected from theft, damage, and weather.
• Ensure Equipment is used only by suitably trained/licensed operators.
• Not sell, lend, alter, or modify Equipment without written consent.

6. Rental Protection Plan (RPP)
Not insurance – a contractual modification of liability for accidental loss/damage.
If taken, RPP reduces your liability for accidental damage or loss to 10% of the repair or replacement cost, plus GST, per incident.
Fee: 10% of gross hire charge + GST, payable in advance.
RPP applies only if:

• Accepted and paid before hire starts.
• Account is current at time of incident.
• You have complied with these T&Cs.

Exclusions – RPP does NOT cover:

• Theft/loss not reported to Police within 48 hours (must provide Police report).
• Misuse, abuse, overloading, or improper operation.
• Use while under the influence of alcohol or drugs.
• Damage from unsealed roads, water immersion, natural disasters, or acts of God.
• Tyres, glass, hoses, or consumables.
• Loss of/damage to accessories or items not listed on hire contract.

Hire fees continue until replacement or repair is completed (except where covered by RPP).

7. Loss, Damage & Recovery Costs
You are liable for all loss, theft, or damage during the Hire Period unless covered by RPP.
Transport/recovery costs are always payable by you.

8. Ownership & Security Interest
Equipment remains Hireworx property at all times.
You grant Hireworx a security interest in Equipment and proceeds to secure payment/performance of obligations.
Hireworx may register a financing statement on the PPSR.

9. Liability
Hireworx is not liable for any loss, damage, or injury to persons, property, or business arising from the hire, except where required by law.
All implied warranties excluded to the maximum extent permitted by law.

10. Cleaning, Fuel & Consumables
Equipment must be returned clean and in the condition supplied (fair wear & tear excepted).
Cleaning fee: Minimum $80 + GST/hour (plus materials).
Fuel: Return at least the level supplied; otherwise refuelling rates apply (plus GST):

• Diesel: $3.00 per litre
• Unleaded 95: $4.00 per litre
• 2-Stroke Mix: $5.00 per litre
  Consumables/blades/teeth/hoses/tyres are chargeable if worn/damaged beyond fair wear & tear.

11. Consumer Guarantees Act & Fair Trading Act
Business hires: Consumer Guarantees Act and ss9, 12A & 13 of Fair Trading Act do not apply.

12. Indemnity
You indemnify Hireworx against all claims, damages, and expenses from your hire/use of Equipment, except where caused by Hireworx’ negligence.

13. Termination & Repossession
Hireworx may terminate hire and repossess Equipment at any time if you breach T&Cs, become insolvent, or fail to pay amounts due.

14. Recovery of Costs
You agree to pay all costs (including legal, debt collection, enforcement, disbursements) incurred by Hireworx in recovering money owed, whether or not legal action is taken.

15. Prevailing Party Legal Costs
In any dispute, the prevailing party is entitled to recover all legal costs from the other party.

16. Governing Law & Jurisdiction
These Terms & Conditions are governed by New Zealand law.
You agree to submit to the exclusive jurisdiction of the New Zealand courts.