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- No variation of these Conditions of Hire and the terms shown hereon
and no Conditions in any order, acceptance or other Document issued
by the Hirer shall form part of the Contract unless the Owner has specifically
agreed in writing. No conditions or warranties other than those herein
specifically set out shall be implied or deemed to be incorporated in
or to form part of the Contract.
- If the person signing the Contract is not the Hirer he warrants that
he has the authority of the Hirer to enter into this Contract on the
Hirer's behalf and shall indemnify the Owner against all losses, damages,
actions, proceedings, costs, claims or demands whatsoever suffered or
incurred by the Owner as a result of any breach of such Warranty.
- The Hirer shall not assign this contract or re-hire or part with
possession of any of the equipment without the Owner's written consent.
- The Hiring will commence on delivery of the equipment to the Hirer
and will end on re-delivery of the equipment to the Owner or upon the
expiry of any Notice given under Condition 6 or upon the payment of
any charge made under Condition 11.
- The Hiring may be ended at any time by either party by not less than
48 hours notice in writing or without prejudice to any other rights
or remedy of the Owner be ended forthwith by the Owner by notice in
writing at any time to the Hirer upon any breach of the Terms of the
Contract by the Hirer.
- Notwithstanding any other provision of this Contract, if the Hirer
is not a body corporate then the Hiring will end not later than the
expiration of three months from the date of the Contract.
- Unless otherwise agreed in writing by the Owner, the Hirer at his
own expense shall be responsible for the collection from and the return
to the Owner of the equipment. The equipment shall be at risk of the
Hirer as to all loss or damage whatsoever during the period of the Hiring.
The Hiring commences when the equipment leaves the premises of the Owner,
and ends when it is returned to those premises. The Hirer shall be responsible
for insuring the equipment to its full insurable value against all loss
or damage whatsoever. The Hirer shall supply the Owner with full details
of the insurance cover arranged by the Hirer in this respect. Any return
note for the equipment issued by the Owner at or after the end of the
hiring shall not be evidence of the condition of the equipment described
in it. Delivery and collection charges at the Owner's standard transport
rates from time to time shall be paid by the Hirer to the Owner on demand
as an extra.
- If the Owner when required to do so attempts to but is unable to deliver
or collect the equipment due to the fault of the Hirer, the Hirer shall
pay delivery or collection charges at the Owner's standard transport
rates applicable at the date of such attempted delivery or collection
in addition.
- The equipment shall be deemed to be in good repair and condition
and in accordance with the terms of the Contract and to the Hirer's
satisfaction upon the delivery to the Hirer unless the Hirer gives notice
in writing to the Owner within 24 hours of delivery. No Warranty is
given that the equipment is suitable for the purpose for which the Hirer
requires it.
- At all times the Hirer shall keep and at the end of the Hiring return
all of the equipment in good working order and repair and clean condition
and will not in any way alter or repair any part of the equipment. The
Hirer will pay to the Owner all losses, costs and expenses whatsoever
incurred by the Owner as a result of any breach of this Condition. The
charge which will be paid on demand by the Hirer to the Owner for replacing
any equipment not returned at the end of the Hiring or damaged beyond
economic repair shall be the Owner's Replacement List Price of the equipment
current at the end of the Hiring.
- At all times the Hirer shall undertake to use and maintain the equipment
strictly in accordance with the manufacturer's instructions and to comply
with all safety instructions and regulations relating thereto.
- The Contract for the hiring shall be subject to the availability
of the equipment when it is required by the Hirer and the Owner shall
not be liable for any loss or damage whatsoever incurred by the Hirer
or any other person either directly or indirectly caused by or arising
from late delivery, non delivery, breakdown, failure, stoppage or unsuitability
of or defect in the equipment during the hiring and the Hirer shall
indemnify the Owner against any such loss or damage.
- The Owner shall not be liable to the Hirer for and the Hirer shall
at all times and in all respects indemnify the Owner in respect of all
actions, proceedings, costs, claims and demands whatsoever brought by
any person for the death of or injury to any person (other than death
or injury due to the negligence of the Owner) or damage to property
caused by or arising out of the use of the equipment in any manner whatsoever
whether such liability arises under statute or common law or howsoever.
- The Hirer shall on demand pay the Owner such sum or sums as the Owner
may from time to time in its absolute discretion require as security
for Hire charges for any period of the hiring and the return of the
equipment not covered by sums previously paid as security. The balance
of any sums so paid by the Hirer shall be refunded without interest
after all liabilities of the Hirer to the Owner have been satisfied
in full.
- If the Hirer purports to cancel his Contract or refuses or fails
to accept delivery of the equipment the Hirer shall pay to the Owner
by way of liquidated damages the Hire charges payable for the minimum
period of the hiring but without prejudice to any other right or remedy
of the Owner.
- The Hirer undertakes at all times to take good care of the equipment
as though it belonged to the Hirer and in order to protect the position
of the Owner insofar as any Insurance arranged by the Owner on the equipment
may be in force by observing and fulfulling Terms and Conditions, whether
implied or expressed, applicable to such Insurance as though the Hirer
were actually the Owner, especially regarding the security of the equipment
at the Hirer's premises, whilst in transit, whilst left in any vehicle,
or in any other location away from the Insured's premises, as far as
they can apply. The Owner's Policy of Insurance includes an Excess or
Deductable for which the Hirer will be responsible, and cover will also
be subject to the Unattended Vehicle Clause contained in the Policy.
The Hirer accepts that he shall, at all times as though the Hirer were
the Owner observe, fulfill and be subject to the Terms, Limits, Conditions
and Exclusions of the Owner's Policy of Insurance as far as they can
apply. In the event of any occurrance which might give rise to a claim
under the Owner's Policy of Insurance, the Hirer shall notify the Owner
immediately and comply with the requirements of the Equipment's Insurers
in respect thereof.
- The Hirer shall not hire out the Equipment to any other party without
the written consent of the Owner and whenever this is given the subsequent
Hirer shall also be bound by the Terms of this Contract as though he
were the original Hirer and shall observe and fulfill all of its conditions.
- Unless otherwise stated, any price or rate quoted or published by
the Owner is exclusive of Value Added Tax which shall be payable to
the Owner in addition to the price at the current rate applicable.
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