Excavator Driller Attachment (Auger)

LEWIS EXCAVATOR HIRE AGREEMENT

By hiring from us you accept our terms and hire
1. Hirer’s Responsibilities
The Hirer agrees to:
1. Operate the equipment safely and in accordance with the manufacturer’s guidelines and the Health and Safety at Work Act 2015.
2. Ensure the operator is competent and holds any required NZ licences.
3. Use the equipment only for its intended purpose and within its rated capacity.
4. Keep the equipment clean and in good condition.
5. Check fuel, oil, coolant, and hydraulic levels daily.
6. Grease pins daily where applicable.
7. Return the equipment with a full fuel tank — refuelling costs will be charged at $ 1.85 per litre.
8. Immediately report any damage, breakdown, or accident.

2. Prohibited Use
The Hirer must not:
● Sub-hire or lend the equipment to any third party without written consent.
● Use the equipment for demolition involving hazardous materials (e.g., asbestos) unless disclosed and approved.
● Operate the equipment under the influence of drugs, alcohol, or impairing medication.
● Use the equipment on public roads without compliance.
● Modify or alter the equipment in any way.

3. Damage, Loss & Insurance
● The Hirer is responsible for all loss, theft, or damage to the equipment during the hire period, excluding fair wear and tear.
● The Owner provides insurance for the equipment subject to an excess of $2500 per incident, payable by the Hirer.
● This insurance does not cover damage to underground services, consequential loss, or third-party property damage — the Hirer is responsible for obtaining adequate public liability insurance.

4. Breakdowns
If the equipment fails through no fault of the Hirer, the Owner will arrange repair or replacement as soon as reasonably possible. Hire charges will be suspended for the period the equipment is unusable.

5. Security Interest & Recovery
● The Hirer grants the Owner a security interest in the equipment and all proceeds, and agrees the Owner may register this interest on the PPSR.
● If the Hirer fails to pay or breaches this Agreement, the Owner may repossess the equipment without notice.
● All recovery, repossession, transport, storage, and legal costs will be payable by the Hirer.

6. Indemnity & Liability
● The Hirer indemnifies the Owner against any claims, losses, damages, or expenses arising from the use of the equipment.
● The Owner’s liability is limited to the hire charges paid and excludes indirect or consequential loss.

7. Termination
The Owner may terminate the hire immediately if:
● The Hirer breaches this Agreement.
● The Hirer becomes insolvent or bankrupt.
● The equipment is used in an unsafe or unlawful manner.

8. Governing Law
This Agreement is governed by the laws of New Zealand. Any disputes will be subject to the jurisdiction of the courts nearest to the Owner’s principal place of business.