TERMS & CONDITIONS OF SALE/HIRE
1. DEFINITIONS
(a) “Owner” is the company, firms or persons letting the equipment on hire and includes their successors, assigns or personal representatives.
(b) “Hirer” is the company, firm or person, corporation, or public authority taking the Owner’s equipment on hire and includes their successors or personal representative
(c) “Equipment” means plant machinery, equipment and accessories there to which the owner agrees to hire to the Hirer under this contract.
(d) “Site” means the address of the Hirer or such other place specified by the Hirer at the time of hire.
(e) A “day” shall be 24 consecutive hours.
(f) A “week” shall be 7 consecutive days.
(g) A “working week” shall be the period from 8 a.m. on Monday to 3.30 p.m. on Friday, or such other starting time on Monday and finishing time on Friday as the Hirer may adopt for the ordinary course of business.
(h) A “weekend” shall be the period from 3.30 p.m. on Friday to 8.30 a.m. on Monday.
(i) A “month” shall be one calendar month.
(j) The “hire” period means the period from when the equipment leaves the Owner’s premises to when the equipment is received back at the Owner’s premises.
2. EXTENT OF CONTRACT
No terms other than those expressly contained herein shall apply to or form part of the contract.
3. MAXIMUM PERIOD OF CONTRACT (HIRES TO UNINCORPORATED BODIES)
If the Hirer is an individual, partnership or other unincorporated body the contract of hire will terminate not later than three months from the date of it’s commencement and the Hirer shall restore the equipment to the Owner on or before the last day of the three-month period.
4. DELIVERY IN GOOD ORDER
(a) Equipment supplied shall be in good working order and fit for the purpose for which equipment of that kind is normally used.
(b) The Owner does not warrant that the equipment supplied shall be fit for any special purpose.
(c) The Hirer shall satisfy himself as to the condition of the equipment supplied at the time of acceptance of the equipment by the Hirer, his agent or employee.
(d) Unless notice to the contrary is received by the Owner within 24 hours of the supply of equipment, the equipment shall be deemed to be supplied in good working order; except for defects which could not have been discovered by reasonable examination.
5. TRANSPORTATION, LOADING AND UNLOADING
(a) The Hirer shall be responsible for the collection of the equipment from the Owner’s premises and for the delivering the equipment to the Owner’s premises at the end of hire period.
(b) When the Hirer requires the Owner to transport the equipment, the transportation shall be at the Hirer’s expense.
(c) The Hirer shall be responsible for loading and unloading at the time of collection from the Owner’s premises at the time of delivery to the Owner’s premises on the termination of the hire period.
(d) Any person supplied by the Owner to assist in the loading shall be deemed to be under the Hirer’s control and shall comply with all the directions of the Hirer who alone shall be responsible for any damage caused to the equipment as a result of such loading and unloading.
6. UNAUTHORISED CHANGE OF SITE
The equipment must not be moved from the site to which it was delivered or when the equipment is collected by the Hirer, the site specified by the Hirer, without the written authority of the Owner.
7. UNAUTHORISED RE-HIRING OF EQUIPMENT
The equipment or any part thereof shall not be re-hired, sublet, or lent to any third party without the written consent of the Owner.
8. MAINTENANCE, OPERATION AND USE OF EQUIPMENT
(a) The Hirer shall at all times keep himself acquainted with the state and condition of the equipment and ensure that it remains safe, serviceable and clean.
(b) The Hirer shall not use or permit the use of equipment for any purpose beyond its capacity or in a manner likely to result in excessive wear.
(c) The Hirer undertakes to use or permit the use of the equipment only in accordance with any relevant operating and safety instructions supplied with the equipment.
(d) The Hirer shall not make any alterations or modifications to the equipment.
(e) The Hirer acknowledges that the Hirer, his agent, or employee has been instructed in the safe use and operation of the equipment supplied and undertakes to ensure that any other user of the equipment will also be accordingly instructed.
9. FITTING OF ACCESSORIES
(a) When the equipment requires the fitting or refitting of any accessory (which term includes but is not confined to drills, wheels, discs and blades), it shall be the Hirer’s responsibility to ensure that any such accessory is correctly fitted or refitted in a manner so as not to render the equipment unsafe to the user and that any legislation relating to the fitting or use of such accessory is complied with.
(b) The Hirer shall be responsible for any injury or damage to persons or property arising from the incorrect or unsafe fitting or use of any accessory.
10. ACCESS BY OWNER FOR SERVICING AND INSPECTION OF EQUIPMENT
The Hirer shall at all reasonable times allow the Owner, his agent, employees and Insurers to have access to the equipment to inspect, test, adjust, repair or replace the equipment.
11.BREAKDOWN OF EQUIPMENT
(a) Any breakdown or unsatisfactory working of the equipment must be notified to the Owner immediately by the quickest means.
(b) No hire charge will be made to the Hirer from the time and date when notice is received by the Owner in respect of stoppage due to the breakdown of the equipment caused by the development of a fault not discoverable by the reasonable examination.
(c) The Owner accepts no liability or responsibility for any loss or damage arising from any stoppage due to breakdown of the equipment from any cause whatsoever.
(d) In the case of wheeled equipment, punctures and their repair shall be the responsibility of the Hirer and no refund of hire charges will be made by the Owner in respect of stoppages caused by punctures.
(e) Except for the repair of punctures, the Hirer shall not repair or attempt to repair the equipment unless authorised to do so by the Owner.
(f) In the event of a breakdown in the equipment which is not readily repairable, the Owner shall be entitled to substitute equipment of similar type. If the Owner is not able to do so, the hire shall be terminated as from the date of the notification of breakdown. (g) Where the breakdown of the equipment arises from a cause other than through the development of a fault not discoverable by reasonable examination, all costs incurred by the Owner in repairing the equipment, including transport costs, shall be chargeable to the Hirer.
12. NOTIFICATION OF ACCIDENTS
If the equipment is involved in any accident resulting in damage to the equipment or to other property or injury to any person, the Owner must be notified immediately.
13. HIRER’S RESPONSIBILITY FOR LOSS OF OR DAMAGE TO EQUIPMENT
(a) During the continuance of the hire period, the Hirer shall be liable to the Owner for the cost of all loss or damage to the equipment from any cause whatsoever, except for fair wear and tear.
(b) In the event of loss or damage to the equipment, hire charges shall continue until such time and date as the Hirer pays for the cost incurred by the Owner in respect of such loss or damage.
14. HIRER TO INDEMNIFY OWNER AGAINST THIRD PARTY CLAIMS
The Hirer shall at all times indemnify the Owner in respect off 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 equipment, and in respect of all costs and charges in connections therewith.
15. CONSEQUENTIAL LOSS
The Owner shall not be liable for any consequential loss or damage arising from this contract.
16. TERMINATION OF HIRE CONTRACT
When the hire is for a fixed period, it shall terminate on the date that the period expires. When the hire is not a fixed period or when it is continued after the expiry of a fixed period, without any new period being agreed, either party may terminate the hire by giving to the other 7 days’ notice in writing.
17. RETURN OF EQUIPMENT ON COMPLETION OF HIRE
(a) The Hirer shall be responsible for returning the equipment on completion of the hire in a condition equal to that as at the commencement of hire, fair wear and tear excepted. (b) When equipment is returned in an unclean condition, a charge shall be made for the cleaning and restoration of the equipment to its condition as at the commencement of the hire.
(c) When the equipment (or any part of the equipment) cannot be returned to the
Owner on completion of the hire owing to the loss, destruction, or theft of the equipment (or such part), whether or not due to any fault of the Hirer, his agent, or employee, the Hirer shall pay to the Owner the manufacturer’s recommended selling price for that equipment (or that part of equipment).
18. PAYMENT OF HIRE CHARGES
(a) Equipment shall be hired by day, by the week, by the working week, by the month or for a weekend.
(b) All times, including Saturday, Sunday and Public holidays falling within the hire period are chargeable.
(c) All hire charges are payable on demand.
(d) Hire charges shall continue until such time as the equipment is returned to the Owner, or until payment has been made by the Hirer as described in Clause 17(c).
19. CONSUMABLE ITEMS
(a) Fuel, oil and grease shall, when supplied by the Owner, be charged at net cost and when supplied by the Hirer, shall be of a grade and type specified by the Owner.
(b) The cost of re-sharpening drills, cutting edges and other tools shall be met by the Hirer. (c) Consumable items, including ear and eye protectors, supplied by the Owner to the Hirer for use with the hired equipment shall be deemed to have been sold to the Hirer at the time of supply, but the Owner may at his discretion refund to the Hirer the price of any such consumable items which have not been used and which are returned to Owner in a suitable condition for taking back into stock.
20. OWNER’S NAME-PLATES
The Hirer shall not remove, deface or cover up any name-plate or identification mark or number on the equipment, nor shall he put any mark on the equipment which might indicate or suggest that the equipment is not the property of the Owner.
21. HIRER NOT TO DISPOSE OF EQUIPMENT
(a) The hirer shall not sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the equipment except with the written consent of the Owner. (b) The Hirer shall protect the equipment against distress, execution or seizure. (c) The Hirer shall indemnify the Owner against all losses, damage, costs charges and expenses arising as a result of any failure to observe and perform the Terms and Conditions of this Clause, except in the event of Government requisition.
22. TERMINATION FOR BREACH OF CONTRACT
(a) This contract of Hire shall immediately be terminated without any notice or other act on the part of the Owner if the Hirer:
(i) defaults in the payment of any sums due to the Owner for the hire of equipment or other charges; or goes into liquidation (other than a member’s voluntary liquidation); or (ii) fails to observe and perform the Terms and Conditions of this contract; or (iii) suffers any distress or execution to be levied against him or makes or proposes to make any arrangement with is creditors or, being a company, going into liquidation
(other than a member’s voluntary liquidation); or
(iv) does or causes to be done or permits or suffers any act or thing whereby the Owner’s rights in the equipment may be prejudiced.
(b) If this Contract is terminated under this Clause, it shall be lawful for the Owner to retake possession of the equipment and, for that purpose, to enter into or upon any premises where the equipment may be.
(c) The termination of the Contract under this Clause shall not affect the right of the Owner to recover from the Hirer any moneys due under this Contract or damages for breach of this Contract.
(d) The waiver by the Owner of any breach of any Term or Condition of this Contract shall not prevent the subsequent enforcement of that Term or Condition and shall not be deemed a waiver of any subsequent breach.
23. DEPOSITS
When a deposit has been paid by the Hirer, the Owner may retain the whole part of the deposit for the purpose of setting off the same against any liability of the Hirer under this contract.
