TERMS & CONDITIONS
from the Owner. The Hirer is responsible for all costs incurred in the changing or replacement of any tyre and the repair of any puncture.
( d) The Hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the Owner due to the Hirer’ s negligence, misdirection or misuse of the plant, whether by the Hirer or his servants, and for the payment of hire at the idle time rate as defined in Clause 25 during the period the plant is necessarily idle due to such breakdown, loss or damage. The Hirer is responsible for the cost of spares and / or repairs due to theft, loss or vandalism of the plant. The Owner will be responsible for the cost of repairs, inclusive of the cost of spares, to the plant involved in breakdown from all other causes.
10. OTHER STOPPAGES No claims will be admitted( other than those allowed for under“ Breakdown” or for“ Idle Time”, as herein provided), for stoppages through causes outside the Owner’ s control, including bad weather or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any plant from soft ground.
11. LOSS OF OTHER PLANT DUE TO BREAKDOWN Each item of plant specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles( whether the property of the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of plant working in conjunction therewith, provided that where two or more items of plant are expressly hired together as a unit, such items shall be deemed a unit for the purpose of breakdown.
12. LIMITATION OF LIABILITY Except for liability on the part of the Owner which is expressly provided for in the Contract( including these Clauses):
( a) the Owner shall have no liability or responsibility for any loss or damage of whatever nature due to or arising through any cause beyond his reasonable control;
( b) the Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort( including but not limited to negligence) in connection with the hire, for any of the Hirer’ s loss of profit, loss of use of the plant or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and / or any other financial or economic loss or indirect or consequential loss or damage of whatever nature; and
( c) whenever the Contract( including these Clauses) provides that any allowance is to be made against hire charges, such allowance shall be the Hirer’ s sole and exclusive remedy in respect of the circumstances giving rise to the allowance, and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made.
13. HIRER’ S RESPONSIBILITY FOR LOSS AND DAMAGE
( a) For the avoidance of doubt it is hereby declared and agreed that nothing in this Clause affects the operation of Clauses 4, 5, 8 and 9 of this Agreement.
( b) During the continuance of the hire period the Hirer shall subject to the provisions referred to in sub paragraph( a) make good to the Owner all loss of or damage to the plant from whatever cause the same may arise, fair wear and tear excepted, and
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