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Terms & Conditions
DEFINITIONS
HIRER’S RESPONSIBILITY FOR LOSS AND
DAMAGE
a. The “Owner” of the Company, firm or person letting the
plant on hire
and includes
their successors, assigns or personal representatives. Use
of the word
“Owner” in
this document does not necessarily imply that the Owner has
title to the
Goods.
b. The “Hirer” is the Company, firm, person, Corporation or
public
authority taking the Owner’s plant on hire and includes
their successors
or personal representatives.
c. “Plant” covers all classes of plant, machinery, equipment
and
accessories
therefore which the Owner agrees to hire to the hirer.
d. A “day” shall be 8 hours unless otherwise specified in
the Contract.
e. A “week” shall be 7 consecutive days.
During the continuance of the Hire period the Hirer shall
make good to the Owner all loss of or damage to the Plant
from whatever cause the same may arise, fair wear and tear
excepted and except as provided in Clause 10 herein, and
shall also fully and completely indemnity the Owner in
respect of all claims by any person whatsoever for injury to
person or property caused by or in connection with or
arising
out of the Plant and in respect of all costs and charges in
connection therein whether arising under statute or common
law.
EXTENT OF CONTRACT SUB-LETTING
No conditions of warranty other than herein specifically set
forth shall
be implied or
deemed to be incorporated in or to form part of the
Contract.
The Hirer shall not sub-let or lend the Plant or any part
thereof to any third party without first receiving the
written
permission of the Owner.
AVAILABILITY OF PLANT CHANGE OF SITE
The plant is offered subject to being available to the Owner
at the time
required by
the Hirer.
The Hirer shall not remove the Plant from the site to which
it
was delivered or consigned unless prior consent be obtained
from the Owner, such consent to be confirmed in writing.
LOADING AND UNLOADING GOVERNMENT REGULATIONS
The Hirer shall be
responsible for unloading and reloading the Plant at
site, and
any Driver, or Operator supplied by the Owner shall be
deemed to be
under the
Hirer’s control.
The Hirer will be responsible for compliance with all
regulations issued by the Government of Local Authorities;
including Regulations under the Factories Acts, and
observance of the Road Traffic Acts should they apply.
DELIVERY IN GOOD ORDER OWNER PLATES
Unless notification in writing to the contrary is received
by the Owner
from the
hirer within one day of the Plant being supplied, the Plant
shall be
deemed to be in
good order in accordance with the terms of Contract and to
the Hirer’s
satisfaction.
The owner may affix his plates or mark on the Plate
indicating that it is his property and the Hirer shall not
remove, deface or cover up the same.
GENERAL MAINTENANCE OF PLANT BASIS OF CHARGING
The Hirer shall be responsible for its safekeeping, use in a
workmanlike manner
within the Manufacturers rated capacity and return on the
completion of
the hire in
equal order (fair wear and tear accepted).
b. The Hirer shall take all reasonable steps to keep himself
acquainted
with the state
and condition of the Plant. If Plant be continued at work or
in use in an
unsafe
and unsatisfactory state, the Hirer shall be solely
responsible for any
damage, loss
or accidents whether directly or indirectly arising
therefrom.
c. The Hirer shall regularly clean the Plant and return it
in a perfectly
clean condition.
The Hirer shall be responsible for any expense inVolvod in
cleaning
Plant incurred
by the Owner.
1 day hire or less = ˝ weekly rate
2 days hire = 4/5th weekly rate Over 2 days hire = weekly
rate
b. After the first week, odd days in excess of an exact
number of weeks will be charged at 1/5th (0.2) weekly terms.
c. The daily rates will not apply to Plant hired on a “week
minimum” basis.
d. Hire rates do not include carriage and any expense
incurred by the Owner in delivering or recovering Plant will
be charged at to the Hirer. Not less than 12 hours notice
must be given to the Owner if the Hirer wished Plant to be
collected.
PETROL/DIESEL PLANT ELECTRICAL PLANT
The Hirer must ensure the correct fuel is used in the Plant
and shall be Electrical Plant must be connected to the
correct supply by a
The Hirer must
ensure the correct fuel is used in the Plant and shall be
solely
responsible for any damage caused by the use of the wrong
fuel.
Electrical Plant must be connected to the correct supply by
a
qualified Electrician.Under no circumstances should
electrical Plant be used unless it is correctly earthed.
CONCRETING PLANT ACCEPTANCE OF HIRE CONDITIONS
The Hirer is responsible for ensuring that all concreting
Plant is washed
immediately after use. Any excessive cleaning or repairs
required due
to neglect
will be charged to the hirer.
The acceptance of any equipment or services from the
Owner by the Hirer on site will constitute the acceptance of
the Terms and Conditions as laid out in this Contract.
COMMENCEMENT AND TERMINATION OF HIRE NOTICE OF ACCIDENTS
The hire period shall commence from the time when the Plant
leaves the
Owner’s depot or place where last employed and shall
continue until
the Plant is
received back at the Owner’s named depot or equal.
b. Where a Hirer notifies the Owner of termination of hire
this can only
be accepted
where either the Plant is returned to the Owner’s depot or
termination
of hire is
confirmed in writing if the Owner is to collect.
c. The Hirer is responsible for ensuring that tall receipts
for Plant or
Equipment
returned off hire are countersigned by a representative of
the Owner.
If the Plant is inVolvod in any accident resulting in injury
to
persons or damage to property, immediate notice must be
given to the Owner by telegram and confirmed in writing to
the Owner’s Office, and in respect of any claim not within
the Hirer’s agreement for indemnity, no admission, offer,
promise of payment or indemnity shall be made by the Hirer
without the Owner’s consent in writing.
SERVICING AND INSPECTION CONSEQUENTIAL LOSSES
The Hirer shall at all responsible times allow the Owner,
his Agents or
his Insurers
to have access to the Plant to inspect, test, adjust, repair
or replace the
same. So
far as reasonably possible, such work will be carried out at
times to suit
the
convenience of the Hirer.
The Owner accepts no liability nor responsibility for any
consequential loss or damage due to or arising from the
breakdown or stoppage of the Plant through any cause
whatsoever, or through non-arrival arising from accident or
breakdown during loading, unloading, or transport of the
Plant.
OTHER STOPPAGES
PAYMENT
No claims will be admitted, other than those allowed for
under
Breakdown, as
herein provided, for stoppages through causes outside the
Owner’s
control,
including bad weather or ground conditions nor shall the
Owner be
responsible for
the cost or expense of recovering any machine from soft
ground.
Payment of the Company’s hire charges shall be made by a
Hirer with an approved credit account no later than 30 days
after the date of each invoice. If a sum remains unpaid
after
the due date, the payment of all hire charges, no matter how
recent, shall become due immediately. |