Conditions of Hire

GENERAL CONDITIONS OF HIRE

DEFINITION:
The company letting the plant on hire is CES-HIRE Ltd. their successors and assigns. The Hirer is the Company, Firm, Person, Corporation or Public Authority taking the Company’s Plant on hire and includes their successors or personal representatives. Plant covers all classes of plant, machinery, equipment and accessories therefore which the Company agrees to hire to the hirer.

EXTENT OF CONTRACT - EXCLUSION OF WARRANTIES:
No conditions or warranty on the part of the Company other than herein specifically set forth shall be implied or deemed to be incorporated in or to form a part of the Hire Contract.

GENERAL CONDITIONS OF HIRE:
Plant shall be hired at the hire charges or hire rates as set out in the accompanying quotations and/or hire contract. Hire charges are strictly net and payable against invoice unless stated otherwise on the quotation. Hire commences on the day plant leaves the Company’s depot and terminates when received back at the Company’s named depot. BOTH DAYS BEING CHARGEABLE. If the Hirer shall make default in punctual payment of all the sums due to the Company for hire of plant or other charges or shall fail to observe the terms and conditions of this Contract or if the Hirer shall suffer any distress or execution to be levied against him or make or propose any arrangement with his creditor or being a Company shall go into liquidation this agreement shall forthwith be terminated and it shall thereupon be lawful for the Company to re-take possession of the plant without prejudice of the rights of the Company to recover from the Hirer all monies due to the Company under the Contract and damages for breach thereof.

DELIVERY IN GOOD ORDER:
Unless notification in writing to the contrary is received by the Company from the Hirer within 3 days of the plant being delivered to the site the plant shall be deemed to be in good order in accordance with terms of the Contract and to the Hirer’s satisfaction. The Hirer shall be responsible for off-loading plant at site and any driver and/or mate shall be deemed to be under the Hirer’s control.

RETURN OF PLANT:
On return of Plant to the Company’s named depot an acknowledgement of receipt will be supplied which shall not be construed as being a discharge of liability for shortages or damage found subsequently. The Hirer shall be responsible for loading plant and shall solely be responsible for ensuring that all equipment supplied is returned to the Company’s named depot notwithstanding the use of the Company’s transport for that purpose.

PLANT SUPPLIED WITH OPERATORS:
Where under the terms of the Contract an operator(s) is/are supplied by the Company to supervise the installation of plant and/or to provide continuing services of any kind, the Hirer shall be responsible for all claims arising in connection with the operation of the plant by said operators and shall indemnify the Company in respect thereof.

BREAKDOWN REPAIRS AND ADJUSTMENTS:
The Hirer shall not repair or attempt to repair the plant unless specifically authorised by the Company. Repairs becoming necessary will be dealt with as quickly as reasonably possible and the Hirer shall at all times allow the Company, his agents or servants, to have access to the Plant. The Company will be responsible for the cost of repairs to the plant involved in breakdowns resulting from normal usage. The Hirer shall be responsible for all expenses involved arising from any breakdown and all loss or damage to the plant from whatsoever cause arising (fair wear and tear excepted). The presence of the Company’s operator representative on site in any capacity, shall in no way relieve the Hirer of his responsibilities under this clause.

FUEL AND OILS:
The Hirer shall be responsible for supplying all fuels, oils and grease necessary for operating the Plant which shall be of such grade or type as specified by the Company.

HIRER’S RESPONSIBILITY FOR LOSS OR DAMAGE:
During the continuance of the hire period the Hirer shall fully and completely indemnify the Company in respect of all claims by any person whatsoever for injury, loss and damage to persons or property caused by or in connection with or arising out of the use of the plant and in respect of all costs and charges in connection therewith whether arising under Statute or Common Law.

CONSEQUENTIAL LOSS
The Company accepts no liability nor responsibility for consequential loss or damage of any nature including without limitation subsidence of land due to or occurring as a result of normal or abnormal use or operation of the plant, its failure to operate, its breakdown or any latent defects of material or workmanship nor for any contingent liability whatsoever.

SUB-LETTING AND/OR CHANGE OF SITE:
Without prior written consent of the Company, the Hirer shall not sub-let or lend the plant to any third party or move the plant from the site to which it is delivered.

INSURANCE:
The Hirer is strongly advised to ensure that he is adequately covered by insurance for those indemnities which may require to be provided in accordance with the above mentioned conditions or those risks or liabilities which may arise by operation of law.

ACCEPTANCE:
Acceptance of the plant on site implies acceptance of all the terms and conditions herein before mentioned without variation.