Conditions of Hire
CONDITIONS OF HIRE
Use of Equipment
1. The hirer shall at all times use the equipment in a skilful and proper manner and shall at his own expense service, clean and maintain the equipment in good and substantial repair and condition, reasonable wear and tear excepted.
2. Upon completion of the hiring the equipment must be properly cleaned by the hirer. It is agreed that the whole or any part of the cost incurred by the owner arising out of the failure by the hirer under this clause may be deducted from the deposit.
3. The hirer shall be responsible for all freight and other charges whether incurred by the owner or the hirer in respect of the delivery and return of the equipment except when the period of hirer is determined and the equipment is returned to the owner due to a breakdown or failure caused solely by reasonable wear and tear and not by the hirer’s negligence or misuse or any other reason whatsoever.
Damage to Equipment
4. The Hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except loss or damage which is caused by reasonable wear and tear it is agreed that upon the completion of the hire period the whole or any part of the cost of replacement of or repair to equipment may be deducted from the deposit.
Damage to Property or Person
5. The hirer shall be responsible for any loss of or damage to property or person caused by the equipment for any reason whatsoever during the period of hire and the hirer shall indemnify the owner in respect of all claims damages and expenses in relation thereto.
Period of Hire
6. The period of hire shall commence from the commencement date and time as shown overleaf or the time the equipment is delivered to the hirer whichever is the later and will cease when it is returned to the owner or, if the hirer notifies the owner in writing that the equipment is available for return at a particular place, when it is picked up by the owner from such place provided that the owner shall cause the equipment to be so picked up within five (5) days after receipt of such notification.
7. Notwithstanding anything herein contained hiring charges at the rates specified overleaf shall commence from the commencement of the period of hire and shall continue until the completion of the period of hire defined herein or until the expiration of the minimum period of hire specified overleaf, whichever is later.
8. It is the hirer’s responsibility to be satisfied that the equipment hired is suitable for the work intended and that it is used in a way that complies with all statutory requirements. In the event of a breakdown or failure of the equipment the hirer shall return the equipment to the owner’s premises forthwith and on no account repair or attempt to repair the equipment without the prior consent of the owner. In the event that such breakdown or failure is caused by reasonable wear and tear and not by the hire’s negligence or misuse or any other reason whatsoever then the period of hire shall determine upon such return of the equipment to the owner. in no event shall the owner be responsible for any expenditure, damages and/or loss incurred by hirer arising out of breakdown or failure of the equipment whether caused by fair wear and tear, negligence on the part of the owner of any other reason whatsoever.
Termination by the Owner
9. The owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default forthwith terminate this Agreement and repossess the equipment in any of the following events.
a) if the hirer shall fail to pay any hiring charge within thirty (30) days of the due dates.
b) if the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment may be prejudiced.
c) if the hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a hirer being a limited company, should an order be made or a resolution passed for the winding up of such company.
d) if the hirer commits any breach of this agreement. For the purpose of repossessing the equipment, the owner may enter into or upon any premises where equipment may be without prejudice to the rights of the owner to recover from the hirer any moneys due hereunder or any damages for breach hereof and the hirer indemnifies the owner in respect of any claims, damages or expenses arising out of any action taken under this clause.
Delivery and Removal of Equipment
10. The hirer authorises the owner to bring its vehicle onto his property to deliver and/or recover the equipment hired at the end of the hire period. The owner shall not be responsible to the hirer or any third parties for any damage whatsoever, that may result during the delivery or collection of the equipment hired. In the absence of any special arrangements to the contrary stated hereon, the hirer must make requests for the collection of the equipment hired when the hirer has finished with the equipment and all cartage charges are to be paid by the hirer.
Authority to Sign This Agreement
11. The person signing this agreement for and on behalf of the hirer (if not personally the hirer) warrants that they have the authority of the hirer to make this agreement on the hirer’s behalf and that they are empowered by the hirer to enter into this agreement. The person so signing hereby indemnifies the owner of the hired equipment against all losses and costs that maybe incurred, arising out of the person signing failing to have such power or authority. This Agreement may not be transferred or assigned to any other party without the consent of the owner.
Payment of the Account
12. In the event that the hirer does not settle the account in the agreed manner, and the owner deems it necessary to employ either a solicitor or collection agency to assist with the recovery of payment then the hirer understands and specifically agrees that any monies incurred by the owner in this recovery will be payable by their hirer. These fees include all reasonable commissions, legal fees and disbursements. Where any payment due is not made, the owner reserves the right to charge interest at the rate of 10% per month on any amount outstanding.