Winner Access Brochure 2018 All your working at height solutions | Page 53

Terms & Conditions
1. DEFINITIONS
(a) The “Owner” is the Company, firm or person letting the
plant on hire and includes their successors, assigns or personal
representatives.
(b) The “Hirer” is the Company, firm, person, Corporation or public
authority taking the owner’s plant on hire and includes their
successors or personal representatives.
(c) “Plant” covers all classes of plant, machinery, vehicles, equipment
and accessories therefor, which the Owner agrees to hire to the
Hirer.
(d) A “day” shall be 8 hours or if the day is a Friday it shall be 7
hours, unless otherwise specified in the Contract.
(e) A “working week” covers the period from starting time on
Monday to finishing time on Friday.
(f) The “hire period” shall commence from the time when the plant
leaves the Owner’s depot or place where last employed and shall
continue until the plant is received back at the Owner’s named
depot or other agreed location.
(g) A “Consumer Contract” is a contract entered into with a person
acting in his own capacity and not for or on behalf of any
business or trade entity.
2. EXTENT OF CONTRACT
No conditions other than specifically set forth in the Offer and
Acceptance and herein shall be deemed to be incorporated
in or to form part of the Contract or shall otherwise govern
the relationship between the Owner and the Hirer in relation
to the hire of any particular plant pursuant to the Offer and
Acceptance. The Contract does not create any right enforceable
by or purport to confer any benefit on any person not a party to
it except that a person who is a successor to or an assignee of the
rights of the Owner is deemed to become a party to the Contract
after the date of succession or assignment (as the case may be).
3. ACCEPTANCE OF PLANT
Acceptance of the plant on site implies acceptance of all terms
and conditions herein unless otherwise agreed in writing.
4. UNLOADING AND LOADING
The Hirer shall be responsible for the unobstructed access and,
unless otherwise agreed in writing, for unloading and loading of
the plant at the site, and any personnel supplied by the Owner
for such unloading and/or loading shall be deemed to be under
the direction and control of the Hirer. Such personnel shall for all
purposes in connection with their employment in the unloading
and/or loading of the plant be regarded as the servants or agents
of the Hirer (but without prejudice to any of the provisions of
Clause 13) who alone shall be responsible for all claims arising in
connection with unloading and or loading of the plant by, or with
the assistance of, such personnel.
5. DELIVERY IN GOOD ORDER AND MAINTENANCE: INSPECTION
REPORTS
(a) Unless notification in writing to the contrary is received by the
Owner from the Hirer in the case of plant supplied with an
operator within four working days, and in the case of plant
supplied without an operator within three working days, of the
plant being delivered to the site, the plant shall be deemed to
be in good order, save for either an inherent fault or a fault not
ascertainable by reasonable examination, in accordance with
terms of the Contract and to the Hirer’s satisfaction, provided
that where plant requires to be erected on site, the periods above
stated shall be calculated from the date of completed erection of
plant. The Hirer shall be responsible for its safe keeping, use in
a workmanlike manner within the manufacturer’s rated capacity
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