Winner Access Brochure 2018 All your working at height solutions | Page 56

TERMS & CONDITIONS
except as provided in Clause 9 herein, and shall also fully and
completely indemnify the Owner 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 storage, transit, transport,
unloading, loading or use of the plant during the continuance
of the hire period, and in respect of all costs and charges in
connection therewith whether arising under statute or common
law. In the event of loss of or damage to the plant, hire charges
shall be continued at idle time rates as defined in Clause 25 until
settlement has been effected.
(c) Notwithstanding the above the Hirer shall not be responsible for
damage, loss or injury due to or arising:
(i) prior to delivery of any plant to the site (or, where the site is
not immediately adjacent to a highway maintainable at the
public expense, prior to its leaving such highway) where the
plant is in transit by transport of the Owner or as otherwise
arranged by the Owner,
(ii) during the erection and/or dismantling of any plant where
such plant requires to be completely erected/dismantled on
site, always provided that such erection/dismantling is under
the exclusive control of the Owner or his Agent,
(iii) after the plant has been removed from the site and is in
transit on a highway maintainable at the public expense
(or where the site is not immediately adjacent to a highway
maintainable at the public expense after it has joined such
highway) to the Owner by transport of the Owner or as
otherwise arranged by the Owner,
(iv) where plant is travelling to or from a site on a highway

maintainable at the public expense (or, where the site is
not immediately adjacent to a highway maintainable at the
public expense, prior to its leaving or after its joining such
highway) under its own power with a driver supplied by the
Owner.
14. NOTICE OF ACCIDENTS
If the plant is involved in any accident resulting in injury to persons
or damage to property, immediate notice must be given to the
Owner by telephone and confirmed in writing to the Owner’s
office. In relation to any claim in respect of which the Hirer is not
bound fully to indemnify the Owner, no admission, offer, promise
of payment or indemnity shall be made by the Hirer without the
Owner’s consent in writing.
15. RE-HIRING ETC.
The plant or any part thereof shall not be re-hired, sub-let, or lent
to any third party without the written permission of the Owner.
16. CHANGE OF SITE
The plant shall not be moved from the site to which it was
delivered or consigned without the written permission of the
Owner.
17. RETURN OF PLANT FOR REPAIRS
If during the hire period the Owner decides that urgent repairs
to the plant are necessary he may arrange for such repairs to be
carried out on site or at any location of his nomination. In that
event the Owner shall be obliged to replace the plant with similar
plant if available, the Owner (but without prejudice to any of the
provisions of Clauses 9 and/or 13) paying all transport charges
involved. In the event of the Owner being unable to replace the
plant he shall be entitled to
determine the Contract forthwith (but without prejudice to any of
the provisions of Clauses 9 and/or 13) by giving written notice to
the Hirer.
If such determination occurs:
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0845 601 5327