Terms and Conditions

Lou's Machinery Limited – Hire Contract Terms and Conditions

Last updated: 09/02/2025

HIRE PERIOD:
The Hire Period will continue for the period that is specified on the Hire Agreement, and in any event the Hire Period shall not exceed 50 weeks. The Hire Period is calculated from the date that The Equipment leaves Lou's Machinery Limited premises until the date that The Equipment is returned to Lou's Machinery Limited's premises. The Equipment must be returned by 5pm on the return day unless prior agreement has been made with Lou’s Machinery Limited. Failure to return The Equipment by the agreed time on the last day may result in a Late Return Fee.

THE HIRER:
The Hirer is the Lessee, person/s, individuals or authorised company representative who leases The Equipment from Lou’s Machinery Limited as specified on the Hire Agreement.

THE EQUIPMENT:
The Equipment refers to the goods leased by The Hirer. This includes but it no limited to: machinery such as excavators including buckets, excavator attachments, pins, trucks, skid steers, compactors, trailers etc. This also includes any and all parts and components that make up The Equipment as specified on the Hire Agreement.

LOU’S MACHINERY LIMITED:
Lou’s Machinery Limited is the Lessor.

HIRE RATES, CHARGES AND FEES:
Hire rates, charges and fees are charged as per Lou's Machinery Limited's current Pricing, unless otherwise agreed to by Lou’s Machinery Limited. Lou's Machinery Limited reserves the right to change any prices at any given time.

Daily Rates: Daily rates are calculated from the date that The Equipment leaves Lou's Machinery Limited's premises until the date The Equipment is returned to Lou's Machinery Limited's premises.

KM Charge: Road vehicles will be charged a rate per KM travelled during the Hire Period as per our Pricing. The KM reading will be recorded before The Equipment leaves Lou's Machinery Limited's premises and recorded again upon return.

Late Return Penalty Fee: If The Equipment is not returned by the agreed Hire Period, a Late Return Penalty Fee may apply for every day the equipment is not returned.

OPERATION OF EQUIPMENT:
The Hirer warrants that all persons who use The Equipment hired shall be competent and qualified to use The Equipment, shall only use The Equipment in the manner it was designed to be used, and follow any directions from the Owner, local authorities, codes of practice and/or the manufacturer of The Equipment relating to the use and safety of The Equipment and shall comply with all obligations in relation to the use and control of The Equipment and the persons using said Equipment in accordance with the Health and Safety at Work Act 2015 and all other relevant legislation and applicable regulations.
The Hirer guarantees that the driver, or operator, has a current driver’s licence with the appropriate class for The Equipment hired. Any damage to The Equipment due to overloading mistakes, or neglect in handling, etc, during the Hire Period will be charged to The Hirer. The Hirer must keep The Equipment in proper working order and use with reasonable caution and care. The Hirer must pay all costs for replacement or repair required due to fire, theft, accident, and loss or otherwise during the Hire Period.
The Hirer or its representatives further acknowledge that by signing this Hire Agreement the Hirer has confirmed that the Hirer and/or its employees have or have obtained sufficient knowledge to safely operate The Equipment hired.
The costs of reconditioning Equipment blunted by use or otherwise rendered unfit for further service, without repairs, by the Hirer, will be charged by Lou's Machinery to the Hirer.

TRANSPORT:
The Hirer agrees that the Equipment will be held at the Location noted on the Hire Agreement.
The Hirer is responsible for any damage in transit to The Equipment.
The Hirer agrees to immediately advise Lou's Machinery Limited if The Equipment is to be moved to a Location outside of the agreed location(s) in advance.
The Hirer agrees to secure The Equipment safely for transport ie: using tie downs correctly.
The Hirer agrees to store The Equipment in a secure location if kept overnight such as in a secure yard, up a fenced driveway. Do not leave on the road overnight. We have a secure location available in both Hastings and Napier and can arrange this if required for no extra charge.

FUEL, OIL ETC:
Fuel and oil is to be checked and topped up by The Hirer when required before starting up The Equipment.
The Equipment will be provided with a full tank of fuel. The Hirer agrees to return The Equipment with a full tank. Refueling will be charged to the Hirer by Lou's Machinery Limited if the equipment fuel tank is not returned full, an additional re fueling fee may also apply.
Only fuel and lubrication oils approved by Lou's Machinery Limited shall be used for The Equipment hired.
Damage to the equipment due to mis use of the wrong fuel / oil will be charged to The Hirer.

CLEANING:
The Equipment must be returned in a reasonably clean condition ie: hose off mud and clean out deck. A cleaning fee may be charged to The Hirer if The Equipment is not returned clean.

BREAKDOWNS:
The Hirer must notify Lou's Machinery Limited immediately of any mechanical breakdowns or concerns.

PROPERTY RIGHTS:
The Hirer undertakes to keep The Equipment in his own possession and control, and free from all legal processes, and that no mortgage, bills of sale, or any legal instrument or private agreement whatsoever shall be executed whereby any other person or form other than Lou's Machinery Limited shall acquire any lien or right whatsoever in connections with The Equipment hired.
The Lessor “Lou's Machinery Limited” owns the Goods, and title will not pass to the Lessee “The Hirer”.
The Lessee “The Hirer” will not give any security interest over The Equipment.
The Hirer agrees to not sub-lease any machinery to another party.

PAYMENT:
All invoices are due for payment upfront before The Equipment leaves Lou's Machinery Limited premises, unless otherwise agreed by Lou's Machinery Limited.
Lou's Machinery Limited reserves the right to hold a bond for new customers, which will be refunded upon the return of the equipment in acceptable condition.
All Account Holders invoices are due by the 20th of the month following invoice.
Accounts unpaid 10 days after due date may incur a late payment fee.
Accounts unpaid 45 days from the due date and may have necessary steps taken to recover the debt, without prejudice to their rights to recover all amounts due for hire, reconditioning of The Equipment, if any, and the costs for transport to their premises.
Accounts will be subject to a credit limit. If any account is in dispute the undisputed portion of the account shall be payable in accordance with normal terms of trade. Payment of the disputed portion may be withheld providing full details.
Third party costs: The Hirer shall pay or reimburse Lou's Machinery Limited all costs and/or expenses incurred in instructing a solicitor and/or debt collection agency to recover any amounts overdue for payment and such costs and expenses shall bear interest from the date upon which they are paid or incurred by Lou's Machinery Limited and including the date upon which the Hirer shall pay or reimburse Lou's Machinery Limited.

INSURANCE:
The Hirer is liable for any theft or damages to the Equipment during the Hire Period including during transportation, operation and storage.
The Hirer agrees to use their Public Liability insurance in any first instance, in the second instance The Hirer must pay the insurance excess amount for Lou's Machinery Limited's policy. Any damages that the insurance provider/s refuse to cover will be also be charged to The Hirer. A letter of refusal must be provided from The Hirers Insurance Provider if they refuse to cover the damages.
The Hirer is also responsible for the cost of down time incurred while The Equipment is under repair, this will be calculated until such time as The Equipment is fully operational.
The Hirer is solely responsible for any damages to other individuals business' or property by The Equipment hired. Lou's Machinery Limited takes no responsibility for damage caused to other property by careless or accidental use of The Equipment.

FURTHER TERMS AND CONDITIONS:
The Hirer agrees that they are solely responsible to ensure that The Equipment they are hiring is suitable for purpose. If the Hirer decides that The Equipment is not suitable for purpose after The Equipment leaves Lou's Machinery's premises, Lou's Machinery Limited will not issue any refunds or credits.
Lou's Machinery Limited will not be responsible for any delays, accidents or damages of any kind, direct or indirect, which arise through defect, breakdowns or availability of The Equipment.
All traffic infringement notices or toll charges that are incurred by the Hirer, Hirer’s Company, Company’s representatives or operator(s) while on hire, are to be paid for by the Hirer. There are no exceptions.
Lou's Machinery Limited reserves the right to inspect The Equipment at any time, and to terminate the hire forthwith if The Equipment is not being used and, maintained as provided above, or if the agreed conditions and terms of payment are not strictly complied with by the Hirer.
Lou's Machinery Limited undertakes no liabilities whatsoever in respect of third party or similar risks or for personal injury, or for consequential damage of any kind.
The Hirer is solely responsible to source the exact location of services such as underground pipes, fiber lines, electrical cables etc as well as Historical claims from the appropriate Council or Provider before the operation of The Machinery. Lou’s Machinery Limited takes no responsibility or liability for damages caused.
The Hirer shall keep The Equipment under his own control and employ it solely in his work and will not permit it or any part thereof to be used by any other party for any other work. No subleasing.
GPS Tracking: Lou's Machinery Limited reserves the right to GPS track the location and travel of the goods at any time.
On termination of the Hirer Agreement the Hirer shall deliver The Equipment, complete with all accessories, clean and in good order as delivered, to Lou’s Machinery Limited’s premises.
No credit / discount can be made whatsoever for the time during which The Equipment is not in use, for any reason.
Lou's Machinery Limited reserves the right to recall equipment on hire at any point.
Lou's Machinery Limited reserves the right to amend these terms and conditions at any time.
Unless agreed in writing to the contrary acceptance by the Hirer of any Equipment on hire from Lou's Machinery Limited shall itself constitute an acceptance of the above Terms and Conditions, and the charges on the accompanying Hire Agreement schedule (completed on pickup /delivery).