Winner Access Brochure 2018 All your working at height solutions | Page 54

TERMS & CONDITIONS
and return on the completion of the hire in equal good order (fair
wear and tear excepted).
(b) The Hirer shall when hiring plant without Owner’s operator or
driver take all reasonable steps to keep himself acquainted with
the state and condition of the plant. If such plant be continued
at work or in use in an unsafe and unsatisfactory state or
environment, the Hirer shall be solely responsible for any damage,
loss or accidents whether directly or indirectly arising therefrom.
(c) The current Inspection Report required under the relevant
legislation, or a copy thereof, shall be supplied by the Owner if
requested by the Hirer and returned on completion of hire.
6. SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the Owner, his Agents
or his Insurers to have access to the plant to inspect, test, adjust,
repair or replace the same. So far as reasonably possible, such
work will be carried out at times to suit the convenience of the
Hirer.
7. TIMBER MATS OR EQUIVALENT
(a) If the ground (including any private access road or track) is soft
or unsuitable for the plant to work on, travel, or be transported
over without timbers or equivalents the Hirer shall supply and lay
suitable timbers or equivalents in a suitable position for the plant
to travel over, work on, or be transported over, including for the
purpose of delivery and collection.
(b) Where the hire is for lifting equipment, any sound timber or other
material supplied by the Owner for use with outriggers/stabilisers
is provided solely to assist the Hirer and expressly not to relieve
him of his legal, regulatory or contractual obligations to ensure
adequate stability of the lifting equipment under the imposed
loading.
8. HANDLING OF PLANT
When a driver or operator or any person is supplied by the Owner
with the plant, the Owner shall supply a person competent in
operating the plant or for such purpose for which the person is
supplied and such person shall be under the direction and control
of the Hirer. Such drivers or operators or persons shall for all
purposes in connection with their employment in the working
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
also shall be responsible for all claims arising in connection with
the operation of the plant by the said drivers/operators/persons.
The Hirer shall not allow any other person to operate such plant
without the Owner’s previous consent to be confirmed in writing.
9. BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) When the plant is hired without the Owner’s driver or operator
any breakdown or the unsatisfactory working of any part of the
plant must be notified immediately to the Owner. Any claim for
breakdown time will only be considered from the time and date of
notification.
(b) Full allowance for the hire charges and for the reasonable cost
of repairs that have been authorised by the Owner will be made
to the Hirer for any stoppage due to breakdown of plant caused
by the development of either an inherent fault or a fault not
ascertainable by reasonable examination or fair wear and tear and
for all stoppages for normal running repairs in accordance with
the terms of the Contract.
(c) The Hirer shall not, except for the changing of any tyre and repair
of punctures, repair the plant without the written authority of
the Owner. The changing of any tyre and repair of punctures
are however the responsibility of the Hirer who should arrange
for them to be changed/repaired without awaiting authorisation
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