Conditions for hiring goods & conditions of sale
(a) The "owner " is the company, firm or person letting the plant on hire and includes their successors, assigns or personal representatives.
(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 thereto which the Owners agrees to hire to the Hirer.
(d) A "day" hire shall be 24 consecutive hours.
(e) A "week" shall be 7 consecutive days.
(f) A "Sunday" hire shall be from any hour not before 5.30p.m. on a Saturday to 8.30a.m. on the following Monday morning.
2. EXTENT OF CONTRACT
No conditions of warranty other than specifically set forth shall be implied or deemed to be incorporated to form part of the contract.
MAXIMUM PERIOD OF CONTRACT (if Hirer is not a Limited Company) If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company then the contract will terminate not later than 3 months from the commencing date in which circumstances the Hirer shall on the eve of the last day of the said 3 months return the Plant to the Owner.
3. TITLE to the equipment shall remain for all purposes fully vested in the Owner, unless specifically expressed in this Agreement. The expression "equipment" shall be deemed to include all equipment supplied hereunder and any part or parts thereof and all replacements, revenues, concessions and additions supplied by the Owner.
4. AVAILABILITY OF PLANT
The Plant is offered subject to being available to the Owner at the time required by the Hirer.
5. LOADING AND UNLOADING
The Hirer shall be responsible for unloading and reloading the Plant at Site. Any driver or other employee of the Owner who may help in unloading or reloading shall be deemed to be under the Hirer's control.
6. DELIVERY IN GOOD ORDER
The Hirer must satisfy himself that the Plant is in good working order and that the Plant is not damaged in any way before signing the Hire Contract Note.
7. RENT AND OTHER PAYMENTS
(a) The Hirer shall (except where agreed by the Owner) pay the deposit specified in the Schedule hereunto as security for safe custody and proper use of the equipment.
(b) On collection of the equipment by the Owner or return by the Hirer (as the case may be) the Hirer shall pay the Owner (without any deduction in respect of any deposit held) the total hire charge at the weekly rate specified in the Schedule hereto or proportionate part thereof save that where the hire shall be in respect of a period less than seven days the rates of hire shall be chargeable daily as laid out overleaf.
8. RESPONSIBILITY OF HIRER
(a) You will be responsible for the loading and unloading of the Equipment at the address specified by you. You will also be responsible for the loading and unloading of the Equipment at our premises when the Equipment is transported by you or your agent. If we supply any person to assist you, he will be under your control at such time.
(b) Your responsibility for the Equipment begins when you or your agent receive the Equipment if it is delivered to you, your responsibility begins on delivery. Your responsibilities include safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of the hire. Your responsibility ends only when the equipment has been returned or collected and you have our unqualified receipt for all of the Equipment.
(c) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever (other than the Equipment itself, which governed by conditions 13 and 14) arising out of the delivery, use, non use, repossession, collection or return of the Equipment or any part of it. The indemnity will be reduced in proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss property is due to our proven negligence.
9. RETURN OF PLANT
The Hirer shall return the plant to the Owner at the time and date shown on the contract unless an extension of the hire has been agreed to by the Owner, prior to that time and date.
(a) Any breakdown or the unsatisfactory working of any part of the Plant must be notified immediately to the Owner.
(b) Full allowance will be made to the Hirer for any stoppage due to breakdown of plant caused by the development of an inherent fault or fair wear and tear for all stoppages for normal repairs in accordance with the terms of the contract. The Hirer shall be responsible for all expenses involved arising from any breakdown and loss or damage incurred by the Owner due to the hirers negligence, misdirection or misuse of the Plant, whether by the Hirer or his servants, and for the payment of the hire charges during the period the Plant is necessarily idle due to such breakdown.
(c) Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised in writing by the Owner. No allowance for hire charges or for the cost of repairs will be made by the Owner to the Hirer unless such repairs will be made by the Owner to the Hirer unless such repairs have been authorised in writing by the Owner.
11. OTHER STOPPAGES
No claims will be submitted 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.
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 plant through any cause whatsoever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the Plant or from any other beyond the Owners control.
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 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 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 Plant and in respect of all costs in connection therewith under statute or common law.
14. DEFAULT BY THE HIRER If the Hirer shall at any time:
(a) Commit any breach of this agreement
(b) Cause the equipment to be secured under execution or any other legal process
(c) Go into liquidation or enter into any composition or arrangement with its creditors or have a receiver or manager appointed in respect of any of its assets or undertaking
(d) Default in payment then the owner shall have the right to:
(i) Terminate this Agreement forthwith
(ii) Reposes the equipment without notice or demand without being liable to the hirer for any loss or damage whatsoever which may be occasioned thereby
(iii) Sue for and recover all rentals and interest thereon accrued due, and recover damages in respect of any loss sustained by the Owner as a result of the termination of this agreement
All remedies of the Owner whether provided by this Agreement or covered by Statute, Common Law or trade usage are cumulative and not alternative and may be enforced successively or concurrently.
15. THE OWNER RESERVES THE RIGHT to retain the Hirers deposit should the Hirer commit any breach of this Agreement.
Hire rates do not include carriage and any expense incurred by the Owner in delivering or recovering Plant will be charged to the Hirer. Not less than 12 hours notice must be given to the owner if the Hirer wishes Plant to be collected.
17. CHARGES FOR LOST PLANT
Plant not returned will be charged for at the Manufacturer's current published list prices. Hire fees continue up to the time the Owner is able to replace the lost Plant.
18. PURCHASING GOODS
If you buy any equipment from us, you will become responsible for loss or damage as soon as the goods are delivered to you.
We own the goods until you have paid in full for all the goods we have supplied. Until we have received full payment for the goods you will hold the goods on our behalf and you must return them to us it we ask you to. We may enter any land or premises of yours, other than your home, to recover the goods.