TERMS & CONDITIONS
The Hirer is responsible for damage to tyres, the repair of all punctures occurring on site, any breakdown, loss or damage to the plant due to the Hirer’s negligence and for full insurance cover to indemnity the owner against any claim or loss incurred during the hire period.
The Hirer is responsible for routine daily maintenance which includes greasing and topping uP
GENERAL CONDITIONS FOR THE HIRING OF PLANT
Bearded Hero hereinafter referred to as “the Owner” will deliver the plant in good working order and condition but do not warrant its performance or capacity in any way in the hands of the Hirer and will not be liable for any loss or injury which the Hirer may sustain in connection therewith or for consequential loss or damage arising from any cause whatever. The Hirer may examine the plant prior to its delivery.
The Hirer shall pay the cost of transporting the plant to and from the contract/place directed and the machine shall be deemed to be under the control and responsibility of the Hirer whilst in transit.
The period of hire shall commence on the day the plant leaves the depot and shall continue to the day the plant is received back at the depot or elsewhere as instructed by the Owner in good condition (fair wear and tear excepted) and in working order.
(a) The Hirer shall be responsible for and shall keep the Owner indemnified against loss or damage to the plant from any cause (fair wear and tear excepted) and shall, if necessary in order to fulfil this obligation maintain a policy of insurance against All Risks. The said policy and the receipt for the last paid renewal premium shall be produced to the Owner on request.
(b) The Hirer shall be responsible for and shall keep the Owner indemnified against all claims for death or bodily injury to persons or damage to property arising out of the use of the plant and shall, if necessary in order to fulfil this obligation maintain a policy of insurance in respect thereof. The said policy and the receipt for the last paid renewal premium shall be produced to the Owner on request.
(c) The insurance provisions in this clause hereinbefore referred to shall not be deemed to extend to any re-hiring or re-letting of the said plant by the Hirer (as is -customary in the trade) and in any case of re-hiring or re-letting the Hirer must forthwith notify the Owner giving full details of such transaction and comply with the instructions given by the Owner as to the insurance cover relative to such re-hiring or re-letting.
If the plant shall be lost, injured or destroyed by fire or in any other way whatever the Hirer shall reimburse the Owner for making good any such damage (out of insurance monies or otherwise) and the Owner shall have the option of repairing, replacing or otherwise making good the said plant or any part thereof the cost whereof shall be borne by the Hirer and payable to the Owner whether or not the Hirer recovers such costs under any policy of insurance and all received or receivable in respect of such insurance shall forthwith be applied in reimbursing the Owner as aforesaid. Hiring charges shall continue to run and be payable by the Hirer to the Owner until such cost of repair or replacement has been received by the Owner from whatever source.
The Hirer shall use the plant in a skilful and proper manner and be deemed to have full knowledge of the efficient and proper working of the said plant and every part thereof and the extent of its capability and performance and suitability for the work required to be done by the Hirer. If the Hirer puts the said plant to execute work for which it is not competent or capable resulting in damage to the said plant the liability for the cost of the repair thereof and the making good thereof shall be that of the Hirer.
The Driver or Operator (if any) supplied by the Owner shall be responsible for driving or operating the plant but shall use the plant and be under the direction and supervision of the Hirer who alone shall be responsible for his actions as though the driver were in the Hirer’s direct employ.
Except in the case of repairs undertaken by the Owner’s Operator or Driver the Hirer shall not repair or attempt to repair the plant unless specifically authorised by the Owner. No allowance for hire charges or for the cost of the repairs will be made by the Owner to the Hirer unless such repairs have been specifically authorised by the Owner. The Owner undertakes to deal with all necessary repairs as quickly as reasonably possible.
Each item of the plant specified in the Contracts is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles whether the property of the Owner or otherwise through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other units or units of plant working in conjunction therewith.
The Hirer shall permit the Owner or their agents at all reasonable times to have access to the plant and to inspect the state and condition thereof and to effect any repairs that may be necessary.
The Hirer shall not sell, mortgage, charge, pledge, part with possession or otherwise deal with the plant and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damages, costs, charges and expenses that may be occasioned by any failure to observe this condition.
If the Hirer shall make default in punctual payment of all sums due to the Owner for the hire of the plant or other charges or shall fail to observe and perform the terms and conditions of the contract or if the Hirer shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or being a Company shall go into liquidation or shall do or shall cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the plant may be prejudiced or be put into jeopardy, the Agreement shall forthwith be terminated (without any notice or other act on the part of the Owner and notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature) and it shall thereupon be lawful for the Owner to retake possession of the said plant and for that purpose to enter into or upon any premises where the same may be and the determination of the hiring under this condition or any other condition hereof shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under the Agreement, including transport charges and/or damages for the breach thereof and the Hirer shall sign execute and do such further documents deeds acts and things as the Owner shall reasonable require for recovery of possession of the said plant.
The Hirer shall not move the plant from the site to which it was delivered or consigned, unless prior consent has been obtained from the Owner, such consent to be confirmed in writing.
Where the plant is supplied without an Operator the hire shall be for a minimum period of one day. The weekly rate where applicable is based on a five day a week of 40 hours.