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Terms & Conditions

[1]    Definition of Terms

[a]    “The Owner” is the Company, firm or person(s) letting the equipment on hire and includes its or their successors.

[b]    “The Hirer” is the company, firm or person(s) corporation or authority specified in the Hire Contract and includes its or their successors or personal representative.

[c]    “Equipment” covers all the classes of prefabricated and portable buildings, erectable structures, accessories, mechanical equipment and ancillary equipment, which The Owner agreed to hire to The Hirer.

[d]    “Hire Contract” means the document or documents that contain these conditions and the other terms and details forming the hire agreement between The Hirer and The Owner.

[2]    Extent of Contract

[a]    No conditions or warranty other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the contract.

[3]    Consents, Licenses and Permissions

[a]    The Hirer shall obtain all permissions, consents and licenses required for the Equipment under any statute, regulations or bylaw and in due time comply with any conditions imposed in respect thereof.

[4]    Availability of Equipment

[a]    The equipment is offered subject to being available to the owner when the hirer’s acceptance of the contract is received by the owner.    

[5]    Loading and Unloading

[a]    Equipment shall be hired at the hire charges or hire rates as set out in the accompanying quotation and / or hire contract.  Notice of commencement of delivery of equipment shall indicate acceptance of these hire charges / rates without exception or variation. 

[b]    The Hirer shall be responsible for the unloading and reloading of the Equipment on site and any driver supplied by The Owner shall be deemed to be under the Hirers control and the Hirer shall be responsible for any damage caused.


[6]    Access Route

 [a]    The Hirer will provide a safe and suitable access route for all support vehicles and personnel during delivery and collection.  It is the responsibility of the Hirer to ensure the ground conditions are safe and adequate for all support vehicles, and to provide the necessary equipment to carry out this operation.

[7]    Delivery in Good Order and Maintenance (Inspection Reports)

[a]    Unless notification in writing to the contrary is received by the owner from the hirer in the case of equipment supplied with an operator, within two (2) working days, and in the case of Equipment supplied without operator, within one (1) working day of the equipment being delivered to the site, the equipment shall be deemed to be in good order in accordance with the terms of contract and to the hirer’s satisfaction, provided that, where equipment required to be erected on site, the periods above stated shall be calculated from date of erection of equipment instead of the date of delivery on site.  The hirer shall be responsible for its safekeeping, use in workman like manner within the manufacturer’s rated capacity and return on the completion of the hire in the same condition.

[b]    The hirer shall when hiring equipment without owner’s operator or driver take all reasonable steps to keep himself acquainted with the state and condition of the equipment.  If equipment 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 there from.

[c]    It is a condition of generator hire that machines will be run at no less than 40% or more than 90% of rated output.  Any damage arising from non observance of this condition will be for the account of the hirer.

[d]    Periodic service including oil and filter change recommended at interval of 250 hours will be carried out by the hirer.

[e]    High pressure pumps (and ancillaries) are exceptionally susceptible to incorrect operating conditions.  Any pump failure due to cavitations (caused by insufficient water supply or dirty water filter) to be invoiced to hirer.

[8]    Handling of Equipment

[a]    When a driver or operator is supplied by the owner to work the equipment, he shall be under the direction and control of the hirer.  Such drivers and operators shall for all purposes in connection with their employment in the working of the equipment be regarded as the servants or agents of the hirer who alone shall be responsible for all claims arising in connection with the operation of the equipment by the said drivers or operators.  The hirer shall not allow any other person to operate such equipment without the owner’s previous consent to be confirmed in writing.

[9]    Insurance

[a]    The Hirer shall issue and keep the Owner’s Equipment and it accessories comprehensively insured to the full replacement value thereof during the full period of the hire against all normal risks including loss or damage by fire, accident, or any other cause and to ensure that the Owner’s interest in the Equipment is noted on the insurance Policy.  The Hirer hereby irrevocably appoints the Owner to be the Hirer’s sole agents and the only persons to receive all moneys payable under such insurance and to negotiate, agree or compromise with the insurers as to the amounts so payable.  Any insurance money payable shall be applied as follows:

[i]    If the Equipment is damaged and in the opinion of the insurers it can be economically repaired, in making good the damage.

[ii]    In any case, at the option of the Owner either in replacement by other similar equipment to which the Agreement shall then apply or in compensating the Owner for all loss suffered as a result of the loss or damage, any surplus being paid to, and any deficiency being made up by the Hirer.

[iii]    Indemnify the Owner in respect of any claim made against the Owner and all damages, costs and expenses suffered or incurred by the Owner as a result of any claim by a third party in respect of the state, condition or use the Equipment or in any way arising out of its hire under this Agreement.

[c]    It is the responsibility of the Hirer to insure his/her own contents.  No liability will be attached to the Owner for any consequential loss (including loss or profit and/or loss of contract) or damage to the contents due to any failure in the Equipment.

[10]    Other Stoppages

[a]    No claims will be admitted for stoppages through causes outside the owner’s control, including intervention by Federal Government, Municipal or other authority, bad weather or ground conditions nor shall the owner be responsible for the cost or expense of recovering any machine from such ground.

[11]    Loss of use of other Equipment Due to Breakdown

[a]    Each item of the equipment specified in the contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the owner or otherwise) through any cause whatsoever, shall not entitle the hirer to compensation or allowance for the loss of working time by any other unit or units of equipment working in conjunction therewith.

[12]    Consequential Losses

[a]    The owner accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the equipment through any cause whatsoever, or through non arrival arising from accident or breakdown during loading, unloading, or transport of the equipment.

[13]    Hirer’s Responsibility for Loss and Damage

[a]    During the continuance of the hire period the hirer shall make good to the owner all loss of or damage to the equipment from whatever cause the same may arising, and shall also fully and completely indemnify 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 use of the paint and in respect of all costs and charges in connection therewith.

[14]    Notice of Accidents

[a]    If the equipment is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the owner and confirmed in writing.

[15]    Servicing and Inspection

[a]    The hirer shall at all reasonable times allow the owner, his agents or his insurer to have access to the equipment 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.

[b]    Except in the case of repairs undertaken by the owner’s operator or driver, the hirer shall not repair or attempt to repair the equipment unless specifically authorised by the owner. The owner undertakes to deal with all necessary repairs as quick as reasonable possible. Where breakdowns occur due to the hirer’s negligence, misdirection or misuse of equipment, the hirer will be responsible for the full cost of the repair.

[c]    On return of equipment to owner’s named depot, an acknowledgement of receipt will be supplied in writing which shall not be constituted as being a discharge of liability for shortages or damages found subsequently.

[d]    Fuel oil and grease shall, when supplied by the owner, be charged at net cost or an agreed estimate of net cost, and when supplied by the hirer, shall be of a grade or type specified by the owner.


[16]    Hire Charges

[a]    Charges will be applied for each hire from the time the equipment leaves the owners depot until it is returned back to the owners depot. Invoices will be raised on a regular basis and payment must be received in the agreed currency by the owner within the allowed payment terms as stipulated in the contract. For any invoices that remain unpaid beyond the agreed credit period an administration charge of two percent of the invoice value will be added every month until full payment is received.

[17]    Commencement and Termination of Hire (Transport or Equipment)

[a]    The hire period shall commence from the time when the equipment leaves the owner’s depot or place where last employed and shall continue until the equipment is received back at the owner’s named depot.  Both days included unless previously agreed, the minimum period of hire shall be seven (70 days.

[18]    Notice of Termination of Contract

[a]    Where a period of hire is indeterminate or having been defined becomes indeterminate the contract shall be determinable by two (2) days notice in writing given by either party to the other.  In the event of the hirer desiring to terminate the contract and failing to give such notice hire for the period of two (2) days notice shall be chargeable in lieu.  Notice given by the hirer to the owner’s driver or operator shall not be deemed to constitute compliance with the provisions of this clause.

[19]    Transport

[a]    The hirer shall pay the cost of transport and if required by the owner, arrange transport of the equipment from the owner’s depot or equal to the site and return to named depot or equal on completion of the hire period.

[b]    The Hirer will pay for any additional time and attendance including any pre-arranged delivery or collection attempts by the Owner, which are unsuccessful due to the acts and/or omissions of the Hirer.
        
[c]    The Owner accepts no liability for any cost incurred by the Hirer due to delay or cancellation of a delivery or collection due to inclement weather and reserves the right to charge the Hirer for any costs incurred through such delay or cancellation.

[20]    Sub-Let and Change of Site

[a]    The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Equipment or its contents and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damages, cost, charges and expenses that may arise by any failure to observe and perform this condition except in the event of government requisition.

[b]    The Hirer shall not assign his rights hereunder no sub-let or lend the Equipment or any part thereof to a third party without the prior written consent of the Owner.

[c]    The hirer shall not move the equipment 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.

[21]    Owner Plates

[a]    The owner may affix his plate or mark on the equipment indicating that it is his property and the hirer shall not remove, deface or cover up the same without the written permission of the owner after agreement of revised hire charges for the unmarked equipment 

[22]    Government Regulations

[a]    The hirer alone will be responsible for obtaining any necessary permissions and consents for the erection and operation of the equipment and for compliance with all regulations issued by the Government, Municipality or local authorities and the owner shall not be responsible for any breach thereof. 

[b]    Fire prevention shall only be provided for equipment providing power unless otherwise agreed.  

[c]    Any fines incurred due to the hirers’ negligence during delivery or installation of the equipment is the responsibility of the hirer.

[23]    Protection of Owner’s Rights

[a]    If the hirer shall make default in punctual payment of all sums due to the owner for hire of equipment or other charges or shall fail to observe and perform the terms and conditions of this contract, of if the hirer shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or shall do or shall cause to be done or permit or suffer any act or thing whereby the owner’s rights in the equipment may be prejudiced or put into jeopardy, this agreement shall forth with be terminated (without any notice or other act on the part of the owner and not withstanding that the owner may have waived some previous default or matter of the same or a like nature), and it shall thereupon be lawful for the owner to retake possession of the said equipment and for that purpose to enter into or upon any premises where the same may be and the determination of the hiring under this condition shall not affect the right of the owner to recover from the hirer any monies due to the owner under the contract or damages for breach thereof.

[b]    If the Owner does not enforce any or all of these conditions it shall not amount to, or be interpreted as, a waiver or any of the Owner’s rights.  
                 
[c]    If any term or condition in this Agreement is illegal or unenforceable, in whole or in part, the provision of part shall to the extent necessary be deemed not to form part of this Agreement and shall not affect the validity and enforceability of the remainder of this Agreement.


[24]    Headings

[a]    The headings shown are for reference only and they do not in any way alter or affect the interpretation of these Conditions.

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