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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