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Terms & Conditions
GENERAL CONDITIONS OF HIRE
GENERATORS
YOU THE HIRER MUST ENSURE THAT YOU ARE PROPERLY COVERED BY
INSURANCE IN RESPECT OF ANY LIABILITY FALLING ON YOU UNDER THIS
CONTRACT
1. DEFINITIONS
A "Owners" mean POWER ELECTRICS LIMITED
B "Hirer" is the company, firm, person,
corporation, or public authority taking the Owners equipment on
hire and includes their successors or personal
representatives.
C "Plant" means Plant, machinery, equipment and
accessories thereto which the Owners agree to hire to the Hirer
under this contract.
D "Site" means the address of the Hirer or such
other place specified by the Hirer at the time of hire.
E "Day" = eight (8) hours unless otherwise
specified.
F "Week" = forty (40) hours unless otherwise
specified. If the Plant is used over 40 hours in any week then
excess charge rates will apply.
G The "Hire Period" means the time from when the
Plant leaves the Owners premises to when it is received back at the
Owners premises.
2. EXTENT OF CONTRACT
No terms other than those expressly contained therein shall apply
to or form part of the contract.
3. DELIVERY IN GOOD ORDER
A Plant supplied shall be in good working order
and fit for the purpose for which the equipment of that kind is
normally used.
B The Owners do not warrant that the plant shall
be fit for any special purpose.
C The Hirer shall satisfy himself as to the
condition of the Plant supplied at the time of acceptance of the
Plant by the Hirer, his agent or employee.
D Unless notice to the contrary is received by the
Owners within 24 hours of the supply of the Plant then same shall
be deemed to be supplied in good working order, except for defects
which could not have been discovered by reasonable
examination.
4. TRANSPORTATION LOADING AND UNLOADING
A The Hirer shall be responsible for collecting
from and returning to the Owners premises.
B When the Hirer requires the Owners to transport
the Plant, the transportation shall be at the Hirers expense
C The Hirer shall be responsible for loading and
unloading at the time of collection from the Owners premises and at
the time of delivery to the Owners premises on the termination of
the hire period.
D Any person supplied by the Owners to assist in
the loading and unloading shall be deemed to be under the Hirers
control and shall comply with all the directions of the Hirer who
alone shall be responsible for any damage caused to the Plant as a
result of such loading and unloading.
5. UNAUTHORISED CHANGE OF SITE
The Plant must not be removed from the site to which it was
delivered, or specified by the Hirer on commencement of hire,
without written authority of the Owners.
6. UNAUTHORISED RE-HIRING OF EQUIPMENT
The Plant or any part thereof shall not be re-hired, sublet or lent
to any third party without the written consent of the
Owners.
7. MAINTENANCE OPERATION AND USE OF PLANT
The Hirer shall during the hire be responsible for the safe keeping
and maintenance of the Plant, for lubricating as instructed by the
Owners and insuring that the fuel level remains at level required
for correct operation of the Plant. At no time shall the Hirer
operate the Plant after it has become defective, damaged or in a
dangerous state. Failure to observe the aforementioned will result
in the Hirer being liable to the Owners for the cost of repairs and
also for the Hire charges accruing whilst the Plant is idle due to
breakdown or damage whilst repairs are being progressed.
8. ACCESS BY OWNER FOR SERVICEING AND INSPECTON OF
PLANT
The Hirer shall permit the Owners or their agents access to Plant
at reasonable times to adjust, inspect, service and maintain to
repair same. During working hours no charge will be made to Hirers
for routine work. If however Hirers can only make Plant available
outside of working hours then the Owners reserve the right to
charge the Hirer overtime costs. Hirers must notify the Owners when
the plant has been operating for 350hours without service. Failure
to do so will result in owners charging for service and any
necessary repairs.
9. BREAKDOWNS
A In the event of breakdown of the Plant which is
not readily repairable, the Owners shall be entitled to substitute
Plant of a similar type. If the Owners are not able to do so, the
hire shall be terminated as from the date of the notification of
breakdown.
B Where breakdown of the Plant arises from a cause
other than through the development of a fault, not discoverable by
reasonable examination, all costs incurred by the Owners in
repairing the Plant including transport costs shall be chargeable
to the Hirer.
10. NOTIFICATION OF ACCIDENTS
The Owners must be notified immediately of any accidents involving
their Plant.
11. HIRERS LIABILITY
A Responsibility for loss or damage to the Plant
is accepted by the Hirer from the time the Plant is delivered to
the site until it is removed from the site by, or on the
instructions of the Owner. This responsibility will also apply
whilst the Plant is on site during any period prior to the
commencement of the hire period or after it's termination whilst
the Plant is awaiting collection.
B During the continuance of the hire period, the
Hirers shall be liable to the Owners for the cost of all loss or
damage to Plant from any cause whatsoever, except for fair wear and
tear.
C In the event of loss or damage to the Plant,
hire charges shall continue until such time and date as the Hirer
pays for the cost incurred by the Owners in respect of such loss or
damage.
D It is the "Hirers" responsibility to ensure that
cabling and installation of the hire equipment is safe and in
accordance with the IEE Wiring Regulations 16th Edition.
12. HIRER TO INDEMNIFY OWNERS AGAINST THIRD PARTY
CLAIMS
The Hirer shall at all times indemnify the Owners in respect of all
claims by any person whatsoever for injury to person or property
caused by, or in connection with or arising out of, the use of the
Plant or in respect of all costs and charges in connection
therewith.
13. CONSEQUENTIAL LOSS
The owners shall not be liable for any consequential loss or damage
arising from this contract.
14. RETURN OF PLANT ON COMPLETION OF HIRE
A The Hirer shall be responsible for returning the
Plant on completion of the hire in a condition equal to that at the
commencement of the hire, fair wear and tear excepted.
B When the Plant is returned in an unclean
condition a charge shall be made for the cleaning and restoration
of the Plant to its condition at the commencement of hire.
C When the Plant or part thereof cannot be
returned to the Owners on completion of hire owing to the loss,
destruction, or theft of the Plant, (or such part), whether or not
due to any fault of the Hirer, his agent or employee, the Hirer
shall pay to the Owners the manufacturers recommended selling price
for that Plant (or that part of the Plant).
15. PAYMENT OF HIRE CHARGES
All invoices are due for settlement in full within thirty (30) days
of its date. The Owners reserve the right to charge interest at a
rate of 1% per calendar month on all overdue sums. Failure to
settle within seven (7) days of payment request letter will result
in the Hirer losing any discount to which he may have been
entitled.
16. CONSUMABLE ITEMS
Fuel, oil and grease shall when supplied by the Owners be charged
at net cost and when supplied by the Hirer shall be of a grade and
type specified by the Owners.
17. OWNERS NAME PLATES
Hirers shall not remove, deface or cover up any name-plate or
identification mark or number on the Plant nor shall her put any
mark on the Plant, which might indicate or suggest that the Plant
is not the property of the Owners.
18. HIRER NOT TO DISPOSE OF PLANT
The Hirer shall not sell, mortgage, charge, pledge, part with
possession of, or otherwise deal with the Plant except with the
written consent of the Owners.
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