1. Definitions 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, person(s), corporation or authority specified in the Hire Contract and includes their successors or personal representatives.
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
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
The Hirer shall obtain all permissions, consents and licenses required for the equipment under any statute, regulations or by law and in due time comply with any conditions imposed in respect thereof.
4. Availability of Plant
The plant 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 rates as set out 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) Unless otherwise agreed, 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 Hirer’s control and the Hirer shall be responsible for any damage caused.
6. Access Routes
The Hirer will provide a safe and suitable access route for all support vehicle 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 plant 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, as per manufacturer’s recommendations will be carried out by the Owner.
8. Handling of Plant
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.
a) The Hirer shall issue and keep the Owner’s equipment and its 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 agent(s) and the only person(s) to receive all moneys payable under such insurance and to negotiate, agree and 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 is 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 of the equipment or in any way arising out of its hire under this agreement.
b) 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
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 Plant Due to Breakdown
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
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
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 arise, 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 equipment and in respect of all costs and charges in connection therewith.
14. Notice of Accidents
If the plant 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 authorized by the Owner. The Owner undertakes to deal with all necessary repairs as quick as reasonably possible. Where breakdowns occur due to the Hirer’s negligence, misdirection, or misuse of the equipment, the Hirer will be responsible for the full cost of the repair in which case the Hirer shall be fully responsible for any expenses arising there from.
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 will be charged at net cost or and agreed estimate of net cost, and when supplied by the Hirer shall be grade or type specified by the Owner.
a) Hire Charges: Charges will be applied for each hire from the time the equipment leaves the Owner’s depot until it is returned back to the Owner’s 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, and administration charge of two percent of the invoice value will be added every month until full payment is received.
b) Other Charges: Hirer shall be responsible for:
i) Any and all additional costs, charges and expenses incurred by the Hirer for the hire of plant, including those which are executed by the Owner.
ii) Any and all costs, charges and expenses incurred by the Owner in recovering possession of the plant.
iii) Any other expenses caused directly or indirectly by or in connection with the operation of the plant/equipment to any person while the plant is in the possession or under the control of the Hirer.
iv) The charges are exclusive of VAT and any other applicable taxes, customs, surcharges, import or other duties or similar charges or costs, and the same shall be payable in addition by the Hirer. VAT shall be charged if, when and as applicable by the law or governing authority of the country.
v) In the event that the Hirer fails to pay any invoice or charges as agreed on or before the due date, the Hirer shall indemnify the Owner for all direct costs and expenses (including legal costs, bank charges) incurred by the Owner to recover the payments or unpaid sums from the Hirer.
17. Commencement and Termination of Hire (Transport or Equipment)
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 are included unless previously agreed; the minimum hire shall be seven (7) days.
18. Notice of Termination of Contract
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
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 shall 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 losses, damages, cost, charges and expenses that may arise by any failure or observe and perform this condition except in the event of government requisition.
b) The Hirer shall not assign his rights hereunder nor sub-let or lend the equipment or any part thereof to any third party without 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, and such consent be confirmed in writing.
21. Owner Plates
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 Federal 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 Hirer’s negligence during delivery or installation of equipment(s) is/are 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.
The headings shown are for reference only and they do not in way alter or affect the interpretation of these conditions.