The hiring shall commence from the date specified on the hire contract.
The hire charge shall be payable before the commencement of the hiring and the full rate will be charged irrespective of the hours the equipment is used.
CONDITIONS OF EQUIPMENT ON COMMENCEMENT OF HIRING
This contract is entered into on the basis that the Hirer has inspected the equipment and is satisfied as to it’s condition in respect of defects which inspection ought to have revealed and that it was specifically drawn to his attention before this contract was entered into that the equipment contained the following defects.
RESPONSIBILITIES UNDERTAKEN BY THE HIRER
(I) The Hirer is responsible to the Owner from the commencement of the hiring for the safeguarding of the equipment and its use in a proper manner and is liable for any loss or damage to the equipment from whatsoever cause arising fair wear and tear excepted. In particular the Hirer will not use the equipment for any purpose beyond its capacity or in a manner likely to result in undue deterioration. If anyone other than the Hirer uses the equipment with the consent of the Owner the liability of the Hirer shall extend to that use.
(II) The Hirer shall pay the cost of and if requested by the Owner arrange transport of the equipment from the Owner’s premises and on the termination of the hiring the Hirer shall return the equipment to the Owner or arrange for the Owner to collect it at the Hirer’s expense if the Owner so requires and fair wear and tear excepted, the equipment must be in the same condition as at the commencement of the hiring. The Hirer will remain strictly liable under (I) above until the equipment is redelivered to the Owner. Transport costs may not be charged in certain circumstances by prior arrangement with the Owner.
(III) The Hirer is not to move the equipment from the respective addresses at which he has stated it will be used and kept without the prior written consent of the Owner.
(IV) The Hirer must not lend the equipment to any other person or part with possession with it in any way without the prior written consent of the owner. The equipment remains the property of the Owner and must not in any circumstances be sold or used as security by the Hirer.
(V)If the Hirer shall fail to return the equipment to the Owner at the termination of the Hiring period the Hirer shall be liable to pay the Owner the appropriate daily hire charge for every day or part day that the Hirer fails to return the equipment and in addition the Hirer shall pay any resultant loss or damage caused to the owner by the said failure to return the equipment.
(VI)The Hirer is to take out and maintain adequate comprehensive insurance cover of the equipment during the terms of the hiring in the name of the Hirer and the Owner whom the Hirer irrevocably appoints to receive all monies payable under the policy.
(I) The Hirer must not repair or attempt to repair the equipment in the event of damage or breakdown but must notify the Owner at once.
(II) If the damage or breakdown has been caused by the fault or carelessness of the hirer or any person the Hirer has permitted to use the equipment the r repair will be at the expense of the Hirer.
(III) In any case other than under (II) above the repair will be at the expense of the Owner.
(IV) The Owner may in any case under (II) and (III) above substitute other equipment of a similar type and condition in lieu of repairing the equipment but in
` cases under (II) above the Hirer will remain responsible for the cost of repairs.
(V) The Owner may alternatively in cases falling under (II) above or under cases falling within (III) above if in the opinion of the Owner the equipment is not worth repairing or cannot be repaired terminate the hiring by written notice to the Hirer in which event except in cases falling under (II) above the Owner shall repay the hire charge for any outstanding daily period for which it has already been paid.
(VI) Nothing in this condition shall effect or diminish the liability of the Hirer under condition 4 or render the Owner liable for any resultant or consequential loss or damage or inconvenience.
The Owner will maintain the equipment at its own expense and the Hirer will when required by the Owner give the Owner access to the equipment for the purpose of inspecting it and carrying out works of maintenance.
POSITION WHEN EQUIPMENT IS OUT OF USE
(I)If the equipment is out of use for more than 1 day as a result of some inherent defect or some cause under the control of the Owner the hiring will be suspended until the equipment is working again or has been replaced, and further as from the time the equipment is working again, or has been replaced as aforesaid the hire term shall be extended by such period as is equal to the period of time it has been out of use.
(II)In any case other than (I) above the hire charge will continue to be payable.
(III)In no case shall the Owner be liable to the Hirer for any resultant or consequential loss, damage, or inconvenience.
HANDLING OF EQUIPMENT
When an operator is supplied by the Owner to work the equipment he shall be under the direction and control of the Hirer. Such operators shall for all purposes in connection with their employment in the working of the equipment be regarded as the servants or the agents of the Hirer who alone shall be responsible for all claims in connection with the operation of the equipment by the said operators. The Hirer shall not allow any other person to operate such equipment without the Owner’s previous consent to be confirmed in writing.
BANKRUPTCY / LIQUIDATION
If during the continuance of the hiring the Hirer shall make or propose with his creditors or commit any act of bankruptcy or being a company shall go into liquidation (other than a members voluntary liquidation) or shall suffer any distress or execution to be levied against him or shall do or cause or suffer to be done any other act whereby the rights of the Owner may be prejudiced this contract shall forthwith terminate and the Owner shall be entitled to take possession of the equipment with notice for which purpose it shall be lawful for him to enter any premises where the equipment may be but this remedy is without prejudice to any other right of the Owner.
The Hirer shall not remove, deface, alter, cover up, or otherwise interfere with any notice plate or mark affixed to the equipment indicating that it is the property of the Owner and shall ensure that the same is at all times kept clear and plainly visible upon reasonable inspection of the equipment.