Equipment hire agreement

Fill this in together on screen, then print or save as PDF and both sign. Nothing you type here is sent to Mates Gear.

A general template for hires arranged through Mates Gear, not legal advice. Change it to suit your gear, and get advice from a lawyer for high-value machinery or long hires. It does not take away any rights a hirer has under consumer law.

Agreement date:

1. The parties

Owner	Hirer
Name	Name
Business (if In Trade)	Company (if any)
NZBN or ABN	Driver licence number
Phone	Phone
Email	Email
Address	Address

2. The equipment

Equipment

Serial or registration number

Hours or odometer at handover Fuel level

Attachments and extras included

Condition at handover is recorded on the pre-start checklist and dated photos, which form part of this agreement.

3. Hire period, pick-up and delivery

Start date and time End date and time

Pick-up or delivery

Pick-up or delivery address

Where the equipment will be used

Purpose of hire

4. Charges

Item	Amount
Hire rate
Attachments or extras
Delivery and collection
Operator, if any
GST (In Trade owners registered for GST)
Total hire charge
Bond

Payment method Payment due

5. Hire conditions

By signing, the owner and hirer agree to these conditions.

5.1 Ownership

The equipment stays the owner's property at all times. The hirer must not sell, lend, sub-hire or mortgage it, or let anyone claim an interest in it.
The hirer must not remove or cover any name, number or mark on the equipment.

5.2 Handover and risk

The hirer is responsible for the equipment from handover until it is back with the owner and both have signed off the return check.
Where the owner delivers or collects, the hirer gives safe, clear access to the site and someone is there to receive it.
Transport by the hirer must use a vehicle and trailer rated for the weight, with the load properly restrained.

5.3 Using the equipment

Only competent people, trained on this type of equipment and holding any licence, endorsement or certificate the law requires, may operate it.
It is used only for the purpose and at the place in this agreement, within its rated limits and the manufacturer's instructions and safe operating procedure.
The hirer does a daily pre-start check, keeps fluids topped up with the correct grades, and stops using the equipment straight away if it develops a fault or becomes unsafe.
No one operates it while affected by alcohol, drugs or fatigue.
It is not used in salt water, for demolition, near overhead power lines, or in any way that puts it at unusual risk, unless the owner agrees in writing.
The hirer keeps it secure when not in use, with keys stored separately, and does not alter or repair it without the owner's agreement.

5.4 Health and safety

The owner supplies the equipment in a safe, serviced condition and gives the hirer its manual or safe operating procedure.
Both parties have duties under the Health and Safety at Work Act 2015 (New Zealand) or the work health and safety laws of the relevant Australian state or territory, and will work together on them.

5.5 Breakdowns

The hirer tells the owner as soon as possible about any breakdown or fault and follows the owner's instructions.
Breakdowns from normal wear and tear are the owner's cost, and no hire is charged for time the equipment can't be used because of them.

5.6 Loss, theft and damage

The hirer tells the owner straight away about any accident, loss or damage, and reports theft to the police within 24 hours.
The hirer pays for loss, theft or damage during the hire caused by misuse, negligence or not following this agreement, up to (or the full cost of repair or replacement if left blank), plus reasonable hire lost while it is repaired.
Equipment returned dirty may incur a reasonable cleaning charge. Missing fuel is charged at cost.
The owner may use the bond towards these costs and will give the hirer an itemised list of anything deducted.

5.7 Insurance

The equipment is insured by Excess payable by the hirer for a claim

The hirer is responsible for their own public liability and contract works cover for the job.

5.8 Return

The hirer returns the equipment by the end time, clean, with the same fuel level, and in the same condition apart from fair wear and tear.
Late return is charged at the daily rate for each day or part day unless agreed otherwise in writing.
Both parties inspect it together using the checklist's return column. The owner refunds the bond, less itemised deductions, within working days.

5.9 Ending early

Either party may end the hire early if the other seriously breaches this agreement or the equipment becomes unsafe.
If the hirer doesn't pay or misuses the equipment, the owner may, after giving notice, collect it from where it is being used. The hirer pays for the time used and any costs this agreement allows.

5.10 Liability and consumer law

The hirer is responsible for claims by other people arising from how the equipment is used during the hire, except where caused by the owner's own negligence or a defect in the equipment.
Nothing in this agreement excludes rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 (New Zealand) or the Australian Consumer Law where those laws apply, for example when an In Trade owner hires to a consumer.

5.11 Disagreements

The parties will first try to sort out any disagreement by talking. If that fails, either may take it to the Disputes Tribunal (New Zealand) or the civil tribunal of their state or territory (Australia), or the local courts where the hire takes place (Pacific Islands). Mates Gear is not a party to this agreement and does not decide disputes.

5.12 Anything else agreed

6. Signatures

Owner signature

Date

Hirer signature

Date