The Machinery Hire Agreement is essential for businesses in New Zealand that either provide or require temporary access to industrial equipment and machinery. This agreement type is commonly used when companies need specific equipment for projects or operations without the capital investment of purchasing. The document establishes a clear framework for the hiring arrangement, covering critical aspects such as payment terms, maintenance responsibilities, operator requirements, and risk allocation. It ensures compliance with New Zealand legislation, particularly regarding health and safety, commercial law, and personal property securities. The agreement protects both parties' interests by clearly defining responsibilities, liabilities, and operational requirements throughout the hire period.
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1. Parties: Identifies and provides full details of the owner/hiror and the hirer, including legal names, company numbers, and addresses
2. Background: Brief context explaining the purpose of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Hire Terms: Specifies the duration of hire, commencement date, and any renewal provisions
5. Hire Charges: Details the hire rates, payment terms, deposit requirements, and any additional charges
6. Delivery and Collection: Specifies arrangements for delivery, installation, and collection of the machinery
7. Use of Equipment: Sets out permitted use, operational requirements, and any restrictions on use
8. Maintenance and Repairs: Allocates responsibility for maintenance, repairs, and replacement of parts
9. Risk and Insurance: Addresses risk allocation, insurance requirements, and liability provisions
10. Health and Safety: Outlines health and safety obligations and compliance requirements
11. Termination: Specifies circumstances for termination and the consequences
12. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices
1. Operator Requirements: Required when the machinery needs specific qualifications or training for operation
2. Sub-hiring: Include when sub-hiring of equipment may be permitted under certain conditions
3. Purchase Option: Include when offering the hirer an option to purchase the machinery
4. Multiple Location Use: Required when machinery may be used at different locations
5. Fuel and Consumables: Include when machinery requires specific fuel or consumables
6. Environmental Compliance: Required for machinery that may have environmental impacts
7. Export Restrictions: Include when machinery might be used internationally
8. Software License: Required when machinery includes proprietary software
1. Schedule 1 - Equipment Specifications: Detailed description of machinery including make, model, serial numbers, and condition
2. Schedule 2 - Hire Rates and Charges: Comprehensive breakdown of all applicable rates, charges, and payment terms
3. Schedule 3 - Maintenance Schedule: Required maintenance intervals and procedures
4. Schedule 4 - Operating Instructions: Safety procedures and operating instructions for the machinery
5. Schedule 5 - Condition Report: Detailed report of machinery condition at commencement of hire
6. Appendix A - Insurance Requirements: Specific insurance requirements and minimum coverage levels
7. Appendix B - Required Qualifications: List of required operator qualifications and certifications
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