General conditions for the Hiring of Plant
The parties name in this schedule i.e. owner – hirer hereto desire to effect a legally binding contract, the terms of which are set herein. It shall be deemed to be sufficient proof of acceptance of all these conditions if the hirer accepts delivery of plant.
1. Hire items specified are the property of KR Hire and the hirer (or person signing for plant) agrees he will not sell, hire out, lend or otherwise part with the possession of the said plant.
2. Basis for charging hire charges will commence from the time shown on the contract and shall continue until returned to the owner (KR Hire). All days are charged including Saturday and Sunday and Bank Holidays etc.
3. Carriage charges and any expenses incurred by the owner in delivering or recovering the plant will be charged to the hirer.
4. Loading and unloading of plant at the site shall be deemed to be under hirer’s control.
5. The person signing the contract warrants that he has the authority of the hirer and so signing indemnifies the owner against all losses and cost that may be incurred by the owner if this is not so.
6. The hirer must satisfy himself that the plant is in good working order and not damaged in any way before signing contract.
7. Electrical plant must be connected to the correct supply by a qualified electrician. Under no circumstances should electrical plant be used without being correctly earthed unless it is of double insulated construction.
8. The hirer shall keep himself acquainted with the plant and ensure it remains serviceable and clean.
9. Any breakdown must immediately be notified to the owner. Under no circumstances should the hirer repair or attempt to repair the plant unless authorised by the owner.
10. The owner accepts no liability nor responsibility for the consequential loss or damage due to or arising from breakage or stoppage of plant through any cause whatsoever or the owners inability to supply.
11. The hirer shall make good to the owner all loss or damage to the plant from whatsoever cause the same may arise.
12. The hirer shall fully and completely indemnify the owner in respect of all claims by the person whatsoever for injury to person or property caused by or in connection with or arising out of the use of the plant and in respect of the cost and charges in connection there with whether arising under a statute on common law. The hirer must not allow plant to be used by anyone without adequate qualifications or training.
13. Charges for loss or damaged plant will be charged for at manufactures list price. Hire charges will continue until time as plant is replaced or repaired.
14. Plant must not be removed from original site of hire without owner’s consent.
15. The hirer shall not purport to own the plant and should not cause or permit the sale, charging pledging or mortgaging of the plant. The hirer shall not allow the plant to pass from his possession or control.
16. If the hirer shall suffer the appointment of any liquidator or manager or goes into liquidation or voluntary liquidation, or has bankruptcy proceedings served against him or seeks to petition in bankruptcy or has any warrant, distress, or execution served against him or shall fail to make payments to the owner at the appointed time or fails to perform in the full conditions of the contract the owner shall have the right to enter into any premises where the plant is or is thought to be and take possession of the plant. Such possession shall terminate this contract, without prejudice to the owners’ right against the hirer.
17. Any monies owed by the hirer to the owner shall at time due for payment be deemed the property of the owner and shall attract interest at the current lending rate until received by owner.