1. Definitions and Interpretation
"Agreement" means the Hire Agreement (including the Hire Details, Pre-Hire Condition Report and signature page) read together with these Terms and Conditions, which are incorporated into every Hire Agreement by reference.
"Ownership of Equipment" — All Equipment supplied under this Agreement remains the sole and exclusive property of Floris Excavator Hire at all times. The Hirer acknowledges that this Agreement is a hire agreement only and does not transfer any ownership, title, or other proprietary interest in the Equipment to the Hirer. The Hirer must not sell, lease, mortgage, charge, encumber, dispose of, or otherwise deal with the Equipment in any way that is inconsistent with Floris Excavator Hire's ownership rights.
"Business Day" means a day other than Saturday, Sunday, or a New Zealand public holiday.
"Casual Customer" means a Hirer who has not been approved for a Commercial Account and who pays for hire charges in full prior to, or at, commencement of the Hire Period, in accordance with clause 3.1.
"Commercial Account Customer" means a Hirer approved by us, at our discretion, to hire Equipment on M20 Terms (payment due on the 20th day of the month following invoice) in accordance with clause 3.2.
"Equipment" means all excavators, trailers, attachments, buckets, accessories and other plant supplied by us under an Agreement.
"Excess" means the first amount of any insurance claim, per incident, for which the Hirer is responsible under clause 11.3.
"GST" means goods and services tax under the Goods and Services Tax Act 1985.
"Hire Period" has the meaning given in clause 5.
"Loss of Hire Charge" means the charge described in clause 11.5, compensating us for lost hire income and business interruption while Equipment is out of service.
"M20 Terms" means "Month 20th" payment terms — the payment terms available to Commercial Account Customers under which all hire charges and other amounts invoiced in a calendar month are due for payment in full on the 20th day of the following calendar month, as further described in clause 3.2.
"Off-Hire Confirmation" means the unique confirmation number issued by us, whether by phone, email or our booking system, on logging the return of the Equipment, as described in clause 5.
"PPSA" means the Personal Property Securities Act 1999.
"Resupply Equipment" has the meaning given in clause 11.6.
"we", "us", "our" means Floris Excavator Hire.
"Hirer", "you", "your" means the person or entity named in the Hire Agreement.
Headings are for convenience only and do not affect interpretation. Where the Hirer comprises more than one person or entity, their obligations under this Agreement are joint and several.
2. Application of these Terms
These Terms and Conditions apply to every hire of Equipment from Floris Excavator Hire and are incorporated into, and form part of, each Hire Agreement. By signing a Hire Agreement, making a booking, paying an invoice, collecting Equipment or accepting delivery, the Hirer agrees to be bound by these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and the Hire Agreement, the Hire Agreement's specific commercial terms (rates, dates, equipment items) prevail, but all other clauses of these Terms and Conditions continue to apply in full.
3. Booking, Quotes and Payment
All bookings are subject to availability and our acceptance. We reserve the right to refuse or cancel any booking prior to commencement of the Hire Period, including where satisfactory identification, licensing or credit information cannot be verified. Prices are in New Zealand Dollars and exclude GST unless stated otherwise, and GST is added at the prevailing rate where applicable.
3.1 Casual Customers — payment in advance
Unless the Hirer has been approved as a Commercial Account Customer under clause 3.2, the Hirer is a Casual Customer. A booking by a Casual Customer is not confirmed until full payment of all estimated hire charges, and any bond we require, has been received, and payment in full is required at or before commencement of the Hire Period. We may require a Casual Customer to pay a refundable bond of $500 in addition to hire charges, to be held against the Excess, fuel, cleaning or late-return charges and refunded within 7 Business Days of the Return Time, less any amounts properly deducted under these Terms.
3.2 Commercial Account Customers — M20 Terms
A business or trade Hirer may apply for a Commercial Account by completing our Commercial Account Application and providing any trade references, company details and credit information we reasonably require. Approval of a Commercial Account, and any credit limit applying to it, is at our sole discretion, and we may suspend or withdraw a Commercial Account at any time by written notice, including where an account falls into arrears.
Where a Commercial Account Customer is approved for M20 Terms, all hire charges, fees and other amounts properly invoiced in a calendar month are due for payment in full, without deduction or set-off, on the 20th day of the calendar month immediately following the month of invoice (the "M20 Due Date"). M20 Terms apply only up to any approved credit limit; charges in excess of the credit limit, or amounts owing on an account that is in arrears, may be required to be paid in advance in the manner described in clause 3.1.
Amounts not paid by the M20 Due Date are overdue and subject to default interest and recovery costs under clause 23, and may result in suspension of the Commercial Account.
3.3 General
If payment is made for dates that are unavailable, a full refund will be issued within 7 Business Days. We may vary a Hirer's customer type at any time on reasonable notice. Nothing in this clause 3 limits our rights under clause 16 (Right of Entry and Repossession) or clause 23 (Default, Interest and Debt Recovery) in respect of any unpaid amount, however invoiced.
4. Contracting Out — Business Customers
4.1 Consumer Guarantees Act 1993
Nothing in these Terms excludes, restricts or modifies any right or remedy conferred on the Hirer by the Consumer Guarantees Act 1993 ("CGA") where the Hirer is acquiring the Equipment or services as a "consumer" for the purposes of the CGA and that Act applies.
Where the Hirer acquires, or holds itself out as acquiring, the Equipment and services for the purposes of a business, in trade, or for on-supply, or for use in a profession, trade or manufacture, the Hirer and Floris Excavator Hire agree, pursuant to section 43(1) and (2) of the Consumer Guarantees Act 1993, that the guarantees in that Act do not apply, and it is fair and reasonable for the parties to be bound by this contracting-out provision.
4.2 Fair Trading Act 1986
Where the Hirer is acquiring the Equipment for business purposes, and to the extent permitted by section 5D of the Fair Trading Act 1986, the parties agree that sections 9, 12A, 13 and 14 of that Act do not apply to this Agreement. This exclusion does not apply to, and nothing in this clause limits, any provision of the Fair Trading Act 1986 that cannot lawfully be excluded, including the prohibition on misleading or deceptive conduct so far as it cannot be contracted out of.
5. Delivery, Collection, Commencement and End of Hire Period
5.1 Commencement
The Hire Period begins on delivery of the Equipment to the Hirer, or on collection of the Equipment by the Hirer or its authorised representative, whichever occurs first.
5.2 End of Hire Period — the billing clock
The Hire Period, for the purposes of calculating hire charges, ends at the earlier of: (a) the time the Equipment is physically returned to our yard or collected from the Hirer's site by us during agreed business hours; or (b) the time an Off-Hire Confirmation is logged with us. Hire charges do not continue to accrue merely because our post-hire inspection under clause 6 has not yet occurred.
5.3 Off-Hire outside business hours
Where Equipment is left at an agreed drop-off point outside business hours, the Hirer must notify us by phone or our nominated after-hours channel at the time of drop-off and obtain an Off-Hire Confirmation as soon as reasonably practicable, and in any event by the start of the next Business Day.
5.4 Latent damage and cleaning review window
We may inspect the Equipment for damage, excessive wear, or cleaning requirements within 24 Business Hours of the Return Time (the "Inspection Window"). Any additional charges arising from that inspection are separate from, and do not extend, the hire charges calculated under clause 5.2.
5.5 Maximum Hire Period
The maximum Hire Period under any single Hire Agreement is 364 days from the Hire Start date. Clause 17 explains why this cap applies and how extensions are handled.
6. Condition of Equipment and Inspection
The Hirer acknowledges that the Equipment has been inspected prior to hire, using the Pre-Hire Condition Report on the Hire Agreement, and is accepted in good working order except as recorded on that report.
The Hirer must inspect the Equipment before use and immediately report any defect, fault or pre-existing damage not already recorded. Failure to report existing damage prior to use constitutes acceptance of the Equipment's condition as recorded.
We will complete a Post-Hire Inspection within the Inspection Window described in clause 5.4 and will notify the Hirer of any damage, cleaning or fuel charges identified, together with supporting photographs on request.
7. Hirer's Obligations and Permitted Use
The Hirer agrees to:
- Operate, or ensure the Equipment is operated, safely, responsibly and only for its intended purpose
- Ensure all operators are competent, appropriately licensed, and legally permitted to operate the Equipment
- Follow the manufacturer's operating instructions at all times
- Carry out daily checks of fuel, engine oil, hydraulic oil, coolant and grease points
- Secure the Equipment whenever it is unattended, and take reasonable steps to prevent theft, vandalism or unauthorised use
- Immediately report any breakdown, fault, damage, accident, theft or loss to us
- Return the Equipment clean, free of excessive mud and debris, and with a full fuel tank
- Not sub-hire, loan or permit use of the Equipment by any person other than an approved competent operator, without our prior written consent
- Acknowledge that they have received sufficient operating instructions and will operate the Equipment in accordance with the manufacturer's recommendations
8. Prohibited Use
The Equipment must not be:
- Operated by any person under the influence of alcohol or drugs
- Operated by unauthorised or incompetent operators
- Operated by any person under 21 years of age unless approved by Floris Excavator Hire in writing
- Modified, altered, or have safety features removed or bypassed
- Used for demolition work unless approved by us in writing
- Used for asbestos removal or in connection with any hazardous material
- Used outside the Canterbury region without our prior written approval
- Used in a manner that is unlawful, reckless, or contrary to the manufacturer's specifications
- Sub-hired, loaned, or possessed by any third party without our prior written permission
- Used in tidal areas, rivers, beaches, seawater or saltwater unless approved in writing by Floris Excavator Hire
9. Health and Safety
The Hirer is solely responsible for compliance with the Health and Safety at Work Act 2015 in respect of the worksite and all persons under the Hirer's control while the Equipment is on hire. The Hirer must maintain a safe worksite, ensure operators are competent, identify hazards, and comply with all applicable health and safety legislation and any PCBU obligations arising from the Hirer's use of the Equipment.
10. Underground Services
The Hirer is solely responsible for locating all underground services, including water, sewer, stormwater, gas, electricity, fibre and telecommunications infrastructure, before any excavation. We strongly recommend the Hirer obtain current BeforeUdig plans prior to any excavation work. The Hirer accepts full responsibility and liability for any damage caused to underground services arising from the Hirer's operation of the Equipment, and this liability is not covered by any insurance protection or liability limitation provided under this Agreement.
11. Insurance, Excess and Liability for Loss or Damage
11.1 Hirer liability
The Hirer is responsible for all loss, theft, damage or destruction of the Equipment occurring at any time between the commencement of the Hire Period (clause 5.1) and the Return Time (clause 5.2), excluding fair wear and tear, including (without limitation) collision damage, roll-over, fire, flood or water damage, vandalism, theft, broken glass, and damage to buckets, hydraulics, tracks or attachments. This includes damage to trailers, ramps, tie-down equipment, lights, tyres, coupling systems and associated hire equipment.
11.2 Insurance held by Floris Excavator Hire
We hold a commercial plant and equipment insurance policy covering the Equipment against accidental physical loss or damage. The Hirer is not required to separately insure the Equipment itself against physical loss or damage, but remains solely responsible for arranging its own public liability, contract works and any other insurance appropriate to its own operations, worksite and third-party risk. We do not provide public liability cover to the Hirer or any third party under this Agreement.
11.3 Insurance Excess
Where the Equipment is damaged, lost, stolen or destroyed during the Hire Period and our insurance responds to the claim, the Hirer is responsible for paying the applicable insurance excess under Floris Excavator Hire's insurance policy, currently NZ$1,000 per claim, together with any additional excesses that apply under that policy.
11.4 When the Excess cap does not apply
The Excess caps in clause 11.3 do not apply, and the Hirer remains liable for the full cost of repair, replacement, and any consequential recovery, Loss of Hire and resupply costs, where damage or loss arises from or involves: roll-over, submersion in water; theft where the Equipment was left unsecured or keys were left in or on the Equipment; operation by an unauthorised, unlicensed or incompetent operator, or operation under the influence of alcohol or drugs; use in breach of clause 8 (Prohibited Use); chemical or contaminant exposure; gross negligence, wilful damage, or reckless conduct; failure to report damage; or any circumstance in which our insurer declines or reduces cover.
11.5 Loss of Hire / Down Time Charge
Where the Equipment is damaged, lost, stolen, or otherwise requires repair or assessment as a result of an event for which the Hirer is liable, the Hirer must also pay a Loss of Hire Charge calculated at the Equipment's standard daily hire rate, plus a margin of 10%, for each day (or part day) that the Equipment is unavailable for hire as a result of that event. The Loss of Hire Charge is payable in addition to, and is not reduced by, the Excess.
11.6 Resupply cost
Where we need to source a replacement or like-for-like item of plant ("Resupply Equipment") in order to fulfil an existing booking because the Equipment is unavailable as a result of an event for which the Hirer is liable, the Hirer must reimburse us the reasonable cost of hiring, sourcing or acquiring that Resupply Equipment. We will provide reasonable supporting documentation for any amount claimed under this clause.
12. Recovery Costs
Where the Equipment becomes bogged, stuck, submerged, rolled over, abandoned, or otherwise requires recovery during the Hire Period, the Hirer is responsible for all recovery towing, transport, crane, salvage, recovery, trailer retrieval and associated transport costs, regardless of any insurance protection or liability limitation that may apply under this Agreement.
13. Mechanical Breakdown
Where the Equipment experiences a genuine mechanical failure due to normal fair wear and tear, and not due to misuse, negligence or breach of these Terms, we will arrange repair or replacement as soon as reasonably practicable, and hire charges will not apply for the period the Equipment is unusable solely as a result of that failure. This clause does not apply where the breakdown results from misuse, negligence, or a failure to carry out the daily checks required under clause 7.
14. Cleaning and Fuel
The Equipment must be returned clean, free of excessive mud and debris, and with a full fuel tank. A minimum cleaning fee of $60 may apply where the Equipment is returned excessively dirty, including excessive mud, clay, concrete, vegetation or debris requiring additional cleaning time. Fuel shortfalls will be charged at current replacement cost plus a service fee of $60.
15. Late Return and Overdue Equipment
Equipment returned after the agreed Hire Finish time may incur additional hire charges calculated pro-rata at the applicable daily or hourly rate. Where Equipment is not returned and we reasonably believe it has been wrongfully retained, we may exercise our rights under clause 16 (Right of Entry and Repossession) in addition to any other remedy available to us.
16. Right of Entry and Repossession
If the Hirer fails to return the Equipment on the agreed Hire Finish date, breaches these Terms, or if we reasonably believe the Equipment is at risk of damage, loss or further deterioration, we may, without further notice, repossess the Equipment.
The Hirer irrevocably grants to Floris Excavator Hire, its employees and agents, an express licence and consent to enter any land, premises or site where the Equipment is reasonably believed to be located, at any reasonable time, for the sole purpose of locating, inspecting, or repossessing the Equipment. This consent is granted in advance as a term of this Agreement for the purposes of the Trespass Act 1980.
Repossession under this clause does not affect our right to recover any outstanding hire charges, damage costs, or other amounts owing, nor does it limit any other remedy available to us at law.
17. Security Interest — Personal Property Securities Act 1999
17.1 Nature of interest
The Hirer acknowledges that this Agreement may create a security interest in the Equipment in our favour for the purposes of the PPSA, and consents to us registering a financing statement on the Personal Property Securities Register in respect of that interest. The Hirer waives its right to receive a copy of any verification statement confirming registration.
17.2 364-day maximum term
The maximum Hire Period under any single Hire Agreement is 364 days (clause 5.5). This Agreement does not provide for automatic rolling extension or renewal beyond the agreed Hire Finish date. Any extension of the Hire Period must be agreed in a new written Hire Agreement or a signed variation.
17.3 Continuous or successive hires
Where the Hirer enters into successive Hire Agreements for the same or substantially the same Equipment such that the cumulative period of hire may exceed 364 days, the parties agree that each Hire Agreement is a separate and distinct bailment, and we may, at our discretion, require a new Agreement, updated Hirer details, and a fresh Pre-Hire Condition Report before any such renewal takes effect.
18. Cancellations and Refunds
Cancellation notice periods and applicable refunds:
| Notice Before Hire Start | Refund |
|---|
| More than 7 days | Full refund |
| 3–6 days | 50% refund |
| Less than 3 days | No refund |
If we cancel a confirmed booking for any reason other than the Hirer's breach, a full refund will be issued to the original payment method within 7 Business Days.
19. Limitation of Liability and Consequential Loss Waiver
To the fullest extent permitted by New Zealand law, and subject to clause 4 (Contracting Out), Floris Excavator Hire is not liable to the Hirer for:
- Loss of profits, loss of income, loss of business or business interruption
- Liquidated damages, delay costs, or contractual penalties owed by the Hirer to any third party
- Consequential, indirect or special loss of any kind arising from mechanical failure, late delivery, or unavailability of Equipment
- Damage to underground services (clause 10) or property arising from the Hirer's operation of the Equipment
- Personal injury arising from misuse of the Equipment or breach of clause 8
Where liability cannot lawfully be excluded, our aggregate liability to the Hirer is limited, at our option, to the cost of supplying equivalent equipment or services again, or the amount paid for the hire, whichever is lower.
20. Indemnity
To the fullest extent permitted by New Zealand law, the Hirer indemnifies Floris Excavator Hire against all claims, costs, damages, losses and liabilities (including legal costs on a solicitor-client basis) arising from or in connection with the Hirer's possession, transportation or operation of the Equipment, damage caused by the Equipment, or any breach of these Terms by the Hirer, except to the extent caused solely by our negligence or wilful default.
21. Privacy Act 2020
Personal information collected from the Hirer is used for booking administration, identity and licence verification, payment processing, customer communication, PPSR registration where applicable, legal compliance, and managing the hire relationship. Information will not be disclosed to third parties except where required or permitted by law, to enforce this Agreement, process payments, or recover outstanding debts. The Hirer may request access to or correction of their personal information in accordance with the Privacy Act 2020.
22. Force Majeure
We are not liable for any delay or failure to perform our obligations arising from events beyond our reasonable control, including severe weather, flooding, earthquakes, fire, industrial action, transport disruption or government restrictions.
23. Default, Interest and Debt Recovery
Outstanding invoices accrue interest at 2% per month, calculated daily, from the due date until payment in full. The Hirer agrees to pay all reasonable debt collection, legal and enforcement costs we incur in recovering unpaid amounts, including any costs associated with repossession under clause 16.
24. Assignment and Sub-hire
The Hirer must not assign, novate, or transfer any right or obligation under this Agreement, and must not sub-hire, loan or part with possession of the Equipment, without our prior written consent. We may assign our rights under this Agreement, including any security interest, at our discretion.
25. Notices
Any notice under this Agreement must be given in writing and may be delivered by hand, email, or post to the contact details recorded in the Hire Agreement, or such other address as either party notifies to the other in writing.
26. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
27. Governing Law and Jurisdiction
These Terms and Conditions, and every Hire Agreement incorporating them, are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.
28. Acceptance
Payment of an invoice, confirmation of a booking, collection of Equipment, acceptance of delivery, or use of the Equipment constitutes acceptance of these Terms and Conditions. Where the Hirer is a business customer, acceptance of these Terms alone is in addition to, and does not replace, the specific Contracting Out Acknowledgment required under clause 4 and recorded on the Hire Agreement.
