HIRE CONTRACT TERMS AND CONDITIONS
(a) The Hire period is reckoned from the date on which the equipment leaves the Company’s Stores until it arrives there again, inclusive.
(B) Rates quoted are for either minimum or full day. A minimum charge is a period up to 4 hours from collection to return. A full day is up to 8 hours used in any 24 hour period.
The Owner gives no warranty or promise as to conditions state of repair of the equipment and no condition or warranty in that respect shall be raised or implied against the Owner and the Hirer shall have no claim of whatsoever nature or kind against the Owner by reason of the condition or the state of repair of the equipment or by reason of the same not being fit for any purpose and the Hirer shall hold the Owner safe harmless and indemnified against all claims action and proceedings in account of or touching or concerning any of the matters aforesaid and against all costs.
(a) The equipment hired is agreed to be as stated herein.
(b) The Hirer must satisfy himself that the equipment is suitable and sufficient for the work to be done as subsequent exchange of tools etc., will entail additional charges.
( c) The equipment hired by the Company do not purport to be new stock, or equal to new, but when sent out all items are understood to be in good order for normal full load working at the stated capacity, under any ordinary conditions.
(d) The Company will not be responsible for any delays, accidents or damages of any kind, direct or indirect, which may arise through defects or breakdowns of the material hired.
(e) All items of equipment supplied at the Hirer’s request additional to those enumerated, will be charged for at the Company’s standard hire rates.
(f) The cost of reconditioning items blunted by use or otherwise rendered unfit for further service, without repairs, by the Hirer, such as Concrete Breaker Steels, Chisels, Saw Blades and the like, will be charged for by the Company.
(a) Competent drivers or operators must be giving charge or plant or tools while in the Hirer’s possession and the Hirer must be responsible for all cleaning, lubrication and maintenance of adjustments and for any damage occurring due to overloading, mistakes, or neglect in handling, etc, during the hire period.
(b) The Hirer must keep the plant in proper working order at his own expense and pay all cost for replacement or repair required due to fire, theft, accident, loss or otherwise during the hire period.
(a) The Hirer shall pay carriage to and from the Company’s premises and is responsible for damages in transit.
(b) Delivery and collection by Company shall be to and from front footpath.
FUEL, OIL ETC- (To be checked every day before starting up)
The Hirer shall provide all petrol, fuel, oil, cleaning and other materials and labour required for the operation of the whole equipment and only fuel and lubrication oils approved by the Company shall be used for same during hire period.
The Hirer must notify the Company immediately of any mechanical breakdown and the date of receipt of such notification shall be the date from which the hire charge shall be suspended.
The Hirer undertakes to keep the equipment in his own possession and control and free from all legal processes and that no mortgage, deed, bill of sale, or any other legal instrument or private arrangement whatever shall be executed whereby any other person or firm than City Hire Centre (1973) Ltd, shall acquire any lieu or rights whatsoever in connection with the equipment hired.
(a) The inclusion charges for the hire of the equipment is as stated herein.
(b) Charges for hire are strictly net cash and are payable within 7 days of the date of invoice, unless previously arranged.
( c) If default exceeding 7 days is made in any payment due on account of the hire, the Company reserves the right to terminate the hire period forthwith and to take steps necessary to recover possession of the equipment without prejudice to their rights to recover all amounts due for hire, reconditioning of the equipment, if any, and cost for transport to their Store.
If the Hirer has paid the insurance, the Owner will waive the Hirer’s liability (in terms of Operation (b) for accident damage (PROVIDED THAT) The Hirer has at all times acted reasonably) or theft of an equipment from secure premises PROVIDED FURTHER THAT in the case of the Hirer shall immediately notify the police (taking the name of the Police contact) and the Owner. Special conditions or exclusions may apply depending on the nature of location of the Hirer’s use of the equipment and these must be notified to the Owner prior the Equipment leaving the Owner’s premises.
Where the Hirer does not require the Owner’s insurance, written confirmation of insurance covering the equipment may be required by the Owner.
For the avoidance of doubt the Hirer acknowledges that the mysterious disappearance, loss or damage resulting from negligent acts or omissions of the Hirer, earthquake and war damage, Any cars, van, utility trucks hired are subject to a $500 (five hundred dollars) excess for any one claim.
(a) The Company reserves the right to inspect the plant at any time and to terminate the hire forthwith if the plant is not being properly used and maintained as provided above, or if the agreed conditions and terms of payment are not strictly complied with by the Hirer.
(b) The Company undertakes no liabilities whatever in respect of third party and similar risks or for personal injury or for consequential damage of any kind.
( c) The Hirer shall keep the equipment hired under his own control and employ it solely in his own work and will not permit it or any part thereof to be used by any other party for any other work
(d) On termination of the hire, the Hirer shall deliver the equipment, complete with all accessories, clean and in good order as delivered. FAIR WEAR AND TEAR ACCEPTED, to the Company.
(e) Unless agreed in writing to the contrary, the acceptance by the Hirer of any goods on hire from the Company shall in itself constitute an acceptance of the above terms and conditions and of the charges stated on the accompanying Hire Agreement Form or acknowledgement of order.